The Sun.
London, England, 1839-01-22 00:00:00

THE SUN, LONDON, TUESDAY, JANUARY 22, 1839

those made use of by Lord ALTIIORP (Earl SPEN-
CER) when Chancellor of the Exchequer. There is
an amusing simplicity in their very candour, provo-
cative only of smiles. Count MOLE'S argument on
Saturday amounted to this :—He was defeated, not
because his policy was bad, but because the majority
differed from him in opinion, and so much so, as to
unite all parties against him ! And yet he contended,
in the face of this majority, that his Cabinet was
strictly Parliamentary I The Opposition answered
this argument by a laugh. They were right. It was
worthy of no other. _ _ _

The apprehensions of a dearth in France are be-
coming fearfully prevalent. To add to the difficulties,
a commercial crisis is supposed to threaten the monied
interests. The vicinity of the city of Abbeville is in-
fested with wolves, to the (Treat loss and imminent
peril of the husbandmen, whoset: flocks are destroyed,
and persons endangered.
The details of the landing. of the body of the Duchess
of WURTEMBERG at Toulon on the 14th, occupy a
great portion of the Paris Journals of Sunday. They
are too theatrical to suit the taste, or to gratify the
feelings, of an English public.
As to the Cabinet question, it is still in abeyance ;
but as the delay of a few days will put an end to all
doubt, we shall not hazard any further conjecture upon
the subject.

Our advices from Lisbon are of the 14th inst.
The Chamber of Deputies had appointed a Com-
mittee to draw up the Address in answer to the
Speech from the Throne, of which Committee the
majority are Liberals. In the Senate no business has
been done owing to the non-attendance of the
Members, who neither understand nor care about
the troublesome business of legislation. We are
happy to learn, that Ministers have signified
their readiness to meet the pecuniary claims of the
British officers who fought for the freedom of Portu-
gal—provided they can prevail upon the Cortes to vote
the necessary supplies. It is time that justice should
be done to the brave men by whose co-operation
Donna MARIA was placed upon the throne of
Portugal.

COMMON PLEAS.-(THIS DAY,)

THE CORPORATION OF GRAVESEND V. THE NEW PIER COMPANY.

This case, which has been litigated for some years pant,
came on this morning for argument, on a question whether the
terms of a special case be submitted to the Court of Queen's
Bench.
The circumstances arc these :--Under the 9th George IV.,
the Corporation of Gravesend was entitled to erect a pier, and
to charge certain tolls. Some few years ago another pier,
called the " New Terrace Pier" was erected by a private
Company, and the question which had ever since been dis-
puted between the Corporation and the Company was, whether
the Act of George IV. empowered the Corporation to collect
tolls at the new pier. The words of the Act were, " That
the Corporation might receive tolls at a certain rate, from
passengers landed an I embarked, from any place withi.► the
village and parishes of Gravesend and 'Milton, or either of
them." The Corporation had summoned the masters of several
steurn-vessels, for the tolls alleged to be due, and refused to
be paid to the Co, poration for landing and embarking pas-
sengers at the New Pier. The Magistrates convicted
these masters, who thereupon appealed to the Quarter Ses-
sions ; and the appeal was dismissed. The Sessions at the
same time granting a special case for the opinion of the Qeeen's
Beach. The sessions went upon the ground that the Terrace
Pier was extra-parochial, and, therefore not within the Act.
In the special case was included a description of the locality of the
new pier. Since that the Corporation had brought six fresh ac-
tions against mastersof Gravesend steam-vessels. The dispute
now between the parties was, that whereas the Companywished to
have the special ease framed, with that description of the loca-
lity, so as to try the question whether the new pier was or was
not " within the parishes and villages of Milton and Graves-
end," the Corporation wished also to try the question, whe-
ther, if the parish and the village were not co-extensive, and
the new pier were in the one, and not in the other, the Com-
pany would be liable.

. This question was argued at great length by Mr. Sergeant
Talfourd and Mr. Shea for the Company, and by Sergeants
Wilde and Merewether for the Corporation.
Lord Chief Justice TYNDAL, in the course of the argu-
ment, threw out, that as the point would certainly be raised
at last whether the New Pier Company were liable if the new
pier was only in the parish, or only in the village, it might be
better first to try the law, assuming for that purpose the fact,
which might afterwards be decided. Supposing the Court to
deelde that to make the new pier liable it need riot be both in
the village and in the parish, all the expense would be saved
of trying the question whether the pier was in both the vil-
lage and the parish.
The Counsel for the Company did not seem disposed to
agree to this, and a long discussion ensued.
Mr. Sergeant WILDE observed that on the part of the Cor-
poration he would assert to any terms, so that the question
might be fairly tried, if the new pier was liable; if it was
either in the parish or the village—if it was in neither, he
could not, of course, contend that it was liable.

The COURT at last proposed that the cause should at once
go for trial, to raise every question of fact, the law to be de-
cided afterwards.

The Company's Counsel would not agree to that; they sug-
gested a feigned issue, however, seeing the Court determined
that a trial should take place.
Sergeant WILDE agreed to that ; and the Court ultimately
directed that the issue should be tried, vs hether the new pier
was within the villages and parishes of Milton and Gravesend,
or either of them—the Judge to have liberty to indorse special
matter on the postea.

EXCHEQUER COURT-(THIS DAY.)

IN RE THE COMMISSIONERS OF LAND TAX.-FENNING'S WHARF.

Sir F. PoLLocx said, Eliza Fenning, the proprietress of
the London Bridge Wharf had obtained a rule, calling upon
the Commissioners for the Land-tax for London, and the
Commissioners for the County of Surrey, to come into Court
and show which of them were entitled to the land-tax fur her
premises, as both claimed. He appeased on the part of the
Commissioners for Southwark to apply for an issue to try
whether the property in question was in the county of Surrey
or formed part of the city of London. The property in ques-
tion, there was no doubt, formed part of the parish of St.
()lave, Southwark, which was in the county of Surrey. The
city of London lad jurisdiction in Southwark, but that did
not make Southwark any part o ithe City of London.
Mr. Baron ALDERSoN.— What does it matter which party
receives the money. There is only a certain sum imposed upon
every county, and no more. Does the question settle any
question of boundary ?
Sir F. PoLLocx----.No, my Lord ; it is a question which
stands quite alone. The only question is to what county the
property was assessed in the year 1797. That could not be
satisfactorily settled by affidavit, and an issue was the mode of
ascertaining the fact directed by Act of Parliament.
Sir W. FOLLETT appeared for the City of London, and said
the question was whether the Court would send the case to a
Jury. He bad such a strong case as would satisfy their
Lordships.
Mr. Baron PARKE—There must be an issue.
A struggle ensued as to who should be plaintiff, but the
Court ordered the City of London to begin, as they had a
prima facie case, they having a right to go acroes the bridge.

BAIL COURT.-(THIS DAY.)

THE QUEEN V. THE MAYOR AND lORPORATION OF DERBY.

Mr. KELLY moved for a mandamus, calling on the Mayor
and Corporation to show cause why they should not execute a
bond to Charles King for the payment of 371. los. a-year.
Since the reign of Charles 11. it appears that the Corporation
of Derby have had the appointment of head constable of the
borough, which office was filled for thirty years previous to the
passing of the Municipal Act by Mr. King, who having been
dismissed by the new Corporation, claimed compensation for
the loss of his office. On the refusal of the Corporation to
award him compensation, he appealed to the Lords of the
Treasury, who decided that he was entitled to the sum above
mentioned, and the mandamus now moved for was to carry
that decision into effect.
Mr. Justice COLERIDGE granted a rule nisi.

ERRATUM.—In our Journal of last Wednesday,
the name of the Carlisle Journal was substituted for that of
the Carlisle Patriot. and we did the same independent
Paper the injustice,
unintentionally,
the advocates of the Corn-laws. *, of classing it amongst
The Journal has always
been a most determined opponent of those pernicious laws.
,
LEGEND AND ROMANCE, AFRICAN AND
EUROPEAN, DL Ltaur. JOHNS
R. m, —This work portrays
the singular adventures which arose out of the intercourse be-
tween the shores of Europe and Africa. These, of course,
involve many of the romantic circumstances, wherein the fiery
Moor and the stately.
Spaniard fi.nred ; displaying not only
the jealousies, conflicts, lofty rivalry, and heroical deeds of
those rival nations, but the mannificent scenery of the oppo-
site coasts, and the contrasted manners and religion of their
respective inhabitants. These are noble and picturesque
themes, and we are justified in adding, that in the work before
us they are treated in a spirit worthy the old Spanish Chro-
niclers who bewitched the world with their tales of love and
knightly deeds, and stirring
mystery. Then, again, we have
strange stories of the lonely islands on the Western coast of
Africa, infested by pirates, and trodden by the feet of hopeless
captives ; while in other parts of that burning region the
reader is made to witness, in all its horror, the operation of
that iniquitous traffic, the slave trade. The principal story in
the volumes details the fortunes and remarkable deeds of
Sebastian, Kin.. of Portugal ; a romance differing greatly in
character from Ring
Porter's fiction undcr the same name.
Camoens, the great poet, is a prominent personage in the
story, of which the incidents are so strange and exciting, and
wherein the exhibition of character is so vigorous and drama-
tic, as to elevate into no mean rank the reputation of the writer.
—Naval and Military Gazette.

UNITIA; ANCIENT ORDI, R OF

COLONIES ot the B IT ii

STATISTICS of the COLONIES of the BRITISH

EMPIRE.
EltfeM rim OFTICIAL RECORDS 4,2, THE Cot.,,NLIL
By Ran Flu. jioNroomEnr JIARTIy, I'Q.
.i.midot, W. H. Allen and Co. 1838.

No writer, past or present, has laboured so strenuously
and so efficiently to enlighten us upon whateVer relates to
the actual condition, resources, and capabilities of our vast
colon;ai del cadencies as Mr. Montgomery .Ma, V,
is his tlerd great work upon a subject from with+ hundreds
of other.,ise inslefati4.,ble riters would have s4u,il,t as too
vast for the limits of an ordinary life. His first work in five
volumes, entitled u" History of the Colonies," was favour-
ably noticed, as it wall deserved to be, in this Journal ;
" ColonhilL:hrary," in ten volumes, followed at monthly inter-
vats; and now, to crown the wlicle, we have the statistics of
our colonial possessions in the West Indies, North and South
America, Asia, Austral-Asia, Africa, and Europe, all com-
prised in one large voltlm:-, so admirably arrar,ged that the
required infirm :vim', wilt regard to the statistics of aoy
one colony, may be obtained io an instant. The statistical
details are likewise most comprehensive, includitig the area,
agriculture, commerce, manufactures, shiming, custom-
duties, finances, population, crime, education, religion, go-
vernment, laws, military defence, cultivated and waste lands,
emigration, rates of wages, prices of provisions, banks, public
companies, &c., of each colony. Appended are their several
charters ; and the whole possesses the invaluable recom-
mendation of being as authentic as the records of the
Foreign-office could enable the judicious compiler to make
them. The Colonial " Blue-books" were all submitted to
Mr. Montgomery Martin by Lord Glenelg, and even an
office appropriated to his use in Downing-street, that he
might consult and copy them with the greatest possible
convenience. This was certainly very generous on the part
of the Colonial Secretary ; but something more substantial
should be done for a writer who has rendered so essential a
service to his country. In this age of fact-seeking, it is
impossible to regard Mr. Montgomery Martin as other than
a national benefactor.