The Sun.
London, England, 1838-08-08 00:00:00

enter into the question of the legality or illegality of the ;Nl< t ,cs appointed to administer funds for the Established
conduct of Lord Durham, inasmuch as his Noble and Learaed Church, eighteen of these trustees were Licerals, and several
Friend ( Brougham) had given notice of a motion which of them were Dissenters. Surely this ought not to be.
would bring that subject under the consideration of their The LORD CHANCELLOR said there must be some
Lordships. But he rose for the purpose of placing before mistake with respect to Bristol, as, from the Report which he
them the absolute necessity of coming to some decision upon held in his hand, it did not appear that Bristol had come before
these illegal ordinances. Persons might already have been him at all.
found and brought before the courts in Canada ; they might The Earl of WICK LOW suggested that all the objects in
have been tried, and therefore it became necessary to come I view would be answered by making the trustees, when 813-
to ,some express understanding with respect to these illegal pointed, responsible to the Court of Chancery.
measures. He trusted, therefore, that the Noble and Learned Lord ELLENBOROUGH would have no objection to
Lord would bring forward the subject on the earliest days in propose a clause to that effect.
order that they might decide upon the question of legal:ty or After some conversation, it was arranged that the appoint-
illegality. meat of the trustees should be left as at present until the Ist
Lord BROUGHAM said that those behind him seemed to of October, 1840—that they should, after being appointed, be
think the Act gave the power of passing, privilegia, private responsible to the Court of Chancery.
laws, Bills of pains and penalties, as well as making rules and The amendments down to clause 81 were then agreed to.
regulations. His opinion as a lawyer was that it did not give The amendment to clause 81, providing that the taxes should
that power. This was the opinion of other lawyers of greater be levied by Commissioners under the 9th of George IV., was
authority in Westminster Hall ; but if there were any doubt negatived.
there must be a declaratory Act passed. That mode of pro The Commons' amendment with respect to the appointment
ceeding he thought would be more convenient ; for a declaa a- of Sheriffs, was then put and rejected.
tory Act would explain and define, and, if necessary, limit the Lord L YND HURST then objected to the amendment
powers. What his Noble and Learned Friend (Lord Lynd- of the Commons, imposing upon some towns in schedule B
hurst) stated was true. The offenders being at large, that Commissioners under the 9th of George IV., as he considered
was a substantive offence, unless they were to construe being the Commons could not do what they had done with respect
at large, as being at large only in the province of Canada. to this amendment on the third reading of the
He should now read his motion, which was for a return of The amendment in question was then disagreed to, and the
when Sir C. Paget, Major-General Macdonnell, and Colonel remaining ones disposed of without further discussion.
Grey respectively first attended the Council, and specifying A Conference with the Commons on their Lordships'
the names of the five Councillors who attended on the 28th of amendments was then ordered to take place, but on what dal
July last. did not transpire.
Viscount MELBOURNE said that they would have to The third reading of the Tithes (Ireland) Bill was fixed for
send to Canada before the return could be made. Thursday.
Lord BROUGHAM had of course assumed that the Noble The Bills on the table were then forwarded a stage; and
Earl had sent the names of the councillors who were present their Lordships adjourned at a quarter past ten.
when these Acts pasted. But the Noble Earl, it appeared,
had not even condescended to mention the names. He only
wished to know who attended the day the ordinances were
passed.
Lord ELLENBOROUGH said that lie was desirous of
receiving the same information, because he perceived that the
ordinances passed on the 28th, and that one of the five coun- ,
cillors:only arrived on the 29th. He should also like to know
whether the Noble Baron (Glenelg) had received any infor-
mation respecting the withdrawing by Lord Durham of the
rewards offered by Lord Gosford for traitors. The Noble
Earl had put a different value upon them. Lord Gosford
offered 5001. for a traitor, and the Earl of Durham 1,000/.
for a thief.—( Laughter. )
The returns were then ordered.
MUNICIPAL CORPORATIONS (IRELAND) BILL.
Viscount MELBOURNE begged to call their Lordships'
attention to the amendments made by the House of Commons
to thisßill, and as he had, when the amendments were proposed
by their Lordships on the Committee and third reading, taken
the liberty of stating that he did hope they would, when the
Bill came up with those amendments which he knew must
necessarily be made, in consequence of the amendments in-
troduced by their Lordships, deal with these amendments in a
spirit of fairness and candour, he now trusted their Lordships
would admit some of them as fitted and necessary to the be-
neficial working of the Bill. The first amendment was in the
sth clause.
Lord LYNDHURST said there was no objection to the
amendment, and it was therefore agreed to.
Lord MELBOURNE said the next amendment was with
respect to the provisions relating to the boundaries. In moving
the Committee on the Bill he had stated that though he ap-
proved of the boundaries, yet he did not pledge himself to
them. The amendment introduced by the Commons allowed
the Lord Lieutenant, with the advice of the Privy Council,
to alter the boundaries of any borough, and to alter any ward
thereof, as might become necessary.
Lord LYNDHURST said that in the Bill introduced last
year the Report of the Commissioners was taken. Why,
therefore, should they introduce a principle contrary to the
principle of the English and Scotch Municipal Bills ? Ile
preferred to leave the boundaries to the discretion of the
Crown, or to the Report of the Commissioners, to giving the
power to the Lord Lieutenant, with the advice of the Privy
Council. He objected also to the power of making new dis-
tributions of wards. The settlement of the boundaries, in-
stead of being left to the Lord Lieutenant, would be handed
over to Mr. Drummond and Mr. O'Connell.—( Hear.) He
must, therefore, suggest to the House the imperative necessity
of repealing the amendment of the House of Commons.
The Earl of WICKLOW asked why the boundaries of the
Bill of last year were not considered proper now ?
Viscount MELBOURNE said that it had since been as-
certained that the Commissioners had committed errors in
some instances.
The Earl of HADDINGTON, if that were the case, did
not think the mode adopted by the House of Commons was the
best way of correcting them.
Lord PLUNKET said that the name of an individual
had been introduced for the purpose of creating a prejudice
against the Government. The Noble and Learned Lord
(Lyndhurst) had no right to say that the Privy Council of
Ireland was under the influence of Mr. O'Connell, or that
they were ready to sacrifice their sworn obligations to any in-
dividual whatever. Did the Noble and - Learned Lord think
-they-would be so influenced as not to correct errors if they
were pointed out?
The Marquis of CLANRICARDE said that the Parlia-
mentary boundaries of countiesiwere not applicable to a Muni-
cipal Bill.
The Earl of WICKLOW said that by the amendment of
the House of Commons the Privy Council had only leave to
consider the proposals made by a new Commission appointed by
the Lord Lieutenant. If the Bill of last year had passed it
would have contained the boundaries now objected to.
The Duke of RICHMOND should prefer the introduction
or a Boundary Bill next session.—( Hear, hear.) The Boun-
dary Bill which had been brought in for the corporate towns
and boroughs of England, though long, did not take up much
time. Under these circumstances he should vote against the
amendment of the House of Commons.
After a few words from Lord HATHERTON, the amend-
ment was negatived without a division.
Viscount MELBOURNE, in introducing the Commons'
amendment on the clause regulating the amount of qualifica-
tion for the franchise, informed the House that the proposition
of the House of Commons was, that the qualification should
be 81. rated rent ; that was to say, that the tenement should be
rated at such a sum as, with an addition of one-fourth, should
amount to 101. This, he thought, was rather a circuitous
route by which to come to a 10/. qualification, but he sup-
posed that Parliament, like the oracles of old, was accustomed
to use ambiguous language.—(A laugh.) He had pot it into
an intelligible form, and he would beg and entreat of their
Lordships not to persevere in that which must appear to
themselves a manifest absurdity—the attempt to establish a
higher qualification in Ireland, a poorer country, than that
which was required for England. He hoped, therefore, that
their Lordships would see the propriety of agreeing to the
amendment.
Lord BROUGHAM preferred a 5/. qualification, but as
his choice was between two evils, he should take the smaller,
and vote for the Commons' amendment.
The Earl of WICKLOW thought that the House of Com-
mons had passed this amendment for the purpose of meeting
their Lordships half way, and as he was anxious to meet this
conciliatory spirit, he felt called upon to support their amend.
ment.—( Hear, hear.)
After a few words from Lord ELLENBOROUGH,
The House divided—
For the amendment
Against it
Majority against 77
Another verbal amendment of the Commons was negatived
without a division.
Viscount MELBOURNE said that the next amendment of
the Commons related to the qualification for mayors and alder-
men of towns in schedule B. It proposed to reduce the
qualification in those towns from 1,000/. to 500/.
Lord ELLENBOROUGH had no objection to this
amendment.
Lord LYNDHURST had no objection to the restoration,
but could not agree to the amendment.
The clause was then restored and the amendment rejected.
On the Commons' amendment upon the clause which pro.
vides for the appointment of the trustees of Charitable Trusts,
Lord ELL ENBOROUG H objected (as we understood)
to leaving the appointment of these officers in the hands of the
Court of Chancery, on the ground that it would open the
door to the appointments being considered to be made on po-
litical grounds.
The LORD CHANCELLOR agreed with the Noble
Lord in the importance of having those trusts purely adminis.
tered ; but he thought that object would not be likely to be
accomplished by leaving the administration of those trusts in
the present hands. It had been stated in that House and
elsewhere that the appointments under the English Municipal
Corporations Bill had been made by the Court of Chancery
to serve political purposes. Now, what was the fact?
There were one hundred and two cases in which applica-
tions had been made to the Court of Chancery for
the appointment of trustees, and according to the usy.al
and established custom the Court referred the parties to the
Master—the parties then went before the Master, 'and pro-
duced their several lists. Of the entire number there were
only four or five cases in which any questions were raised as
to the mode in which these appointments had been made. So
far from the Lord Chancellor making those appointments to
serve party purposes, he exercised no control whatever, as the
matter was left in the hands of the Master. The same
course would be adopted in Ireland. He objected to the
appointment of those trustees in the manner proposed by the
Noble Lord (Lord Ellenborough), for these trustees would
be irresponsible.
The Marquis of LANSDOWNE hoped that there would
be no objection to leave these appointments to the Lord Chan-
cellor, until some general measure could be passed for the ap-
pointment of charitable trustees.
Lord PLUNKET entertained strong political feelings, but
be repelled the insinuation that he could carry those feelings
with him into the Court of Chancery. If he were capable
of political partisanship in his judicial capacity he ought
to be at once removed. With respect to the Masters in Chan-
cery, their duties were the same in Ireland as in England, and
he was bound to say that those gentlemen discharged their
duties in a manner that entitled them to the highest praise.
The Duke of WELLINGTON did not hesitate to say that
for the last two years he had heard loud complaints from various
quarters of the manner in which some of these appointments
had been made by the Court of Chancery.
Lord LYNDHURST had received strong complaints from
various quarters, mentioning a great variety of instances in
which the majority of the trustees appointed by the Court of
Chancery were violent and warm political partisans. That
was the reason why he so strongly objected to the amendment
made by the House of Commons. He had received a letter
from Bristol, a few days ago, from a gentleman, named
Christopher George' which stated that, out of twenty-ono

FROM LAST NIGHTS' GAZETTE.

WHITEHALL, AucusT 6.
The Queen has been pleased to direct letters patent to be pass a
under the Great Seal of the United Kingdom'of Great Britain an
Ireland, conferring the honour of Knighthood upon Captain Alex'
ander Burnes, of the 21st India Native Infantry, on a mission to
the Chiefs of Affghanistan.

DOWNING-STREET, AUG. 6.
The Queen has been pleased to appoint Charles August,s
Mylius, Esq., Civil Commissioner, Government Agent, aid Co''
lector of Taxes at the Seychelle Islands, dependencies of the
Island of Mauritius.

WAR-OFFICE, AUG. 7, 1838.
BREVET.
Captain A. Burnes, of the 21st Regiment Bombay Native 10:
fantry (employed upon a particular service in Affghanistan)i
to have the local rank of Lieutenant-Colonel in Affghanistan
Persia while so employed; Lieut. R. Leech, of the Bombay En'
gineers (employed on a particulr service in Affghanistan), to ha
the local rank of Major in Affghanistan and Persia while so em-
ployed, Aug. 7.

WHITEHALL, Jut.v 31.
The Lord Chancellor has appointed Frederick Cooper Farwell'
of Totnes, in the County of Devon, Gent., to be a Master E%tla-
ordinary in the High Court of Chancery.

Commississions by the Lord Lieutenant of the County of Pet!'"
South Devon Regiment of Militia—H. R. Roe, Esq. to be 'Dn.
sign, July 11.
North Devon Regiment of Yeomanry Cavalry—G. Bragintol/'
Gent., to be Cornet, May 29.

BANKRUPTCY SUPERSEDED.
JAMES KENT, builder, Great Cambridge-street, Hackney
road.

BANKRUPTS.
JOHN CATES, jun., surgeon, Beaumont-street, St.
lebone, to surrender August 15, at half-past one, and Sept. e,
at eleven, at the Court of Bankruptcy. Clark, St. Swithiresle.
Lombard-street, official assignee ; Sawyer, Bow-lane, Chea.Psl 6
HENRY WHEATLEY, innkeeper, Scarborough, SePt.„'
and 18, at twelve, at the Talbot Inn, Scarborough. Cape-
Stuart, Bedford-row, London ; Campion, York. 0
MA RT IN SHEPHERD, draper, Warwick, Au gust Ia
half-past eleven, and Sept. 18, at eleven, at the Court of B ire
ruptcy. Alsager, Birchin-lane, Cornhill, official assignee ; 11'
Bouverie-street, Fleet-street. • 000'
FRAN CIS TURNER BROWN DUMELOW, dealer _st
Wednesbury, Staffordshire, August 21, and Sept. 18, at tweivea're,
the Swan Hotel, Wolverhampton. Chaplin, Gray's-Inn-5V
London ; Harrison, Birmingham.
THOMAS TEULON, jun., music-seller, Great Yarlii, 'Jot
August 14, and September 18, at eleven, at the Crewn and 1,450.1,
Tavern, Great Yarmouth. Holt, Great Yarmouth ; 11.1
Swain and Co., Old Jewry, London.
BENJAMIN BOTHAM, woollen-draper, Halesworth,
Sept. 13, and 18, at ten, at the King's Head Inn, Beecles. Crug.
and Maynard, Mansion-house-place, London ; 'Margitson, 13tef,
BENJAMIN WARE, cheesemonger, Tower-street, i2ailk.
Aug. 21, at two, and Sept. 18, at elevera, at the Court of,figef
ruptcy. Groom, Abchurch-lane, official. assignee ; Jaques, "'
and Edwards, Ely-place.
CHARLES BEASLEY, draper, Birmingham, Aug. 17;:nori4
Sept. 18, at twelve, at the Acorn. Tavern, Birmingham. 13;r
and Coles, Throg-morton-street, London ; Parkes and Bray,
mingham.
D,IVIDENDS.
.. S. „„Vierike.ted„:4 yaw/re, eotton-spinnera,, t„.;riorie'rity
afire . at one, tit the Hotel, Blackburn--W, Cif
oidician, Sheffield, Aug. 31, at one, at the Town-hall:X rat
T. Roberts, cattle-dealer, Dorsetshire, nalatoo'
eleven, at the Greyheund Inn, Blandford Forum-W: 5. 1- OW
builder, Sept. 6, at one, at the Coffee-house, Carlisle--W
reton, banker, 13r'Lnton, Norfolk, Oct. 3, at twelve, at the Cr°"-Atlt
Fakenham-J. Jopling, linen-draper, Newcastle-upon-Treq,'ol
29, at one, at the Commission-room, Newcastle-upon- „ s'
J. Sellers, ironmonger, Ashborne, Derbyshire, Aug 30, at. (Set,
the Red Lion Inn, Delper-J. Boyes, jun., carpet-inaurifacpl,
Wansford, Yorkshire, Aug. 28, at twelve, at the Kingswila t, 4'
Kingston-upon-Hull-W. Brooke, innkeeper,
at eleven, at the Guildhall, Doncaster-W. Brown, worstem;sol
ner, Leeds, Sept. 3, at ten, at the Court-house, Leeds--E,• ,1.1
Doncaster,
carrier, Old Newton Suffolk, Sept. 3, at two, at the ur°th De'
Anchor Inn, Ipswich'--H. Froome, grocer, West Teiquogr:litar
vonshire, Sept. 13, at twelve, at the London Inn, E7;eter-.." 11011
sey, hatter, Exeter, Sept. '4, at one, at the Old L'Sw7o3,
Exeter-J. Crompton, woollen-draper, Manchester. AT ug„,,,'
eleven, at the Commissioners'.rooms, Manchester-E. •",„°,13-t
and woollen-draper, Swansea, Glamorgansb ire, Aug. -01.k"e
at the Mackworth Arms Inn., Swansea-G.. Holden, cai'": st
and print-finisher, Salford, Lancashire, Aug. 28, at °11,1)1e sl:e,
Commissioners'-rooms, Manchester-G. P. Sharp, uri;opir°
stone-mason, Oct. 30, at twelve, at the Office of elYet
Gloucester- J. Mitchell, victualler, Exeter, Sept. 4, at' "-
the Old London Inn, Exeter.
CERTIFICATES, AUG. 28. oft Sa
G. Simmons, surgeon, King's-crass, St. Pancras--T.
ribbon-manufacturer, Wood-street, City-W. A.
merchant, Clifford's Inn-passage, Fleet-street-P. Mavi-Geer'"
tualler, Kirkdale, Lancashire-F. T. Cooke, tobacconist,„rollerg
row, Pimlico-T. Hall, mercer, Great 'dortland-street,
-J. K. Kent, money-scrivrmer, Craven-street, Str
Powell, saw-manufacturer, Birrninghat.n.
.„,1#
PARTNERSHIPS DISSOLVED. , Arw,
J. Howard and T. E. Wyche, attorneys London---J„: secito
and J. Dimsdale, builders, West-p'iace,- 'City-road-1,! WO:to
Brown, ribbon-manufacturers, Cover ,try-J. Prew and,*1.,164.,0r
worth, surgeon-dentists, Bath-G.. Whitehouse and•
calico-printers, Manchester-J., H., W., and C. EalleJ;parte
merchants, Coventry-G. F. and. G. P. Eckstein, iron &°e+
High Holborn-J. 'hunter and V. Twynarn, surgeon' fieo
Stanhope-street, Hampstead-rot id--R. Walker and F'
hosiers, Leicester--A. Glendini ng, sen. and R. Bab ;tr
keepers and carriers, Bermo ndsey-wall, Surrey-J'l3l.oore/
and T. Wilson, woollen-drapers, South Shields--J. ~,,,,y0
J. Gibson, paper-manufactui ..ers, Lealholm Bridge,
W. Yates and 0. H. APD °one', cheese-dealers, rrei rs,
Chilton, J. Stobart, J. Sopi,it, 111. 'iowey, ship-builortl"),
derland-11. Wrigley and b. Avoolstaplers.__ Bra . 0 stet 01
Suffell and W. Moore, liosiers, Regent-street, WestiMsroitboil
Ludlow and T. Ludlow, brick-makers' 141anchester-W•viyis°
.1. Andrews, tea-dealers, Wyle Cop, Shropshire-J. Motifiel
A. Rabett, warchousemeu, London-J. Agar, B. idC Walker, and J. Cha.dwiik (so fur as regards J. u 54-
York, and Bulton, Laneishire-W. S. Guest, J. nti V.
Guest, jun., (so far as regards W. S,„ Guest) merchauts'a, vie
ham-Elizabeth Farrer, R. Fikrrer, Farrer. J. Ftrritor yert'
Farrer, farmers, Leeds-J. Sh;.w and J. Blakey, u°,,ebr°l
Almundbury, Yorkshire-E. AI vers and A. Myers, Pa_ere,
Clegg, S. Cave, and R. Wilson, engia` 00:0
chester-Caroline Hid and
,1111 Pritchard, milliners• fiAr.
Shropshire-J. Whaley and R.. Smith, worsted-spinnern
Yorkshire.

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LADIES' SECOND -HAND GOLD , ,r• °,40-0
GOLD NECK CHAIN, C .OLD SEAL and KE Its iest,',lo„
in case complete, for Fourteen Guineas. The Watch 4,13, CPcot'd
to perform correctly, k..,we1l ed, and with gold dial. At '4eoo 0
114 yard long; Seal
hand Watches Sat for the. purpose are obtained, torlisilu,oo
'and K'ey of the best description. Let sre 0
~
with Key, Seal, a. .id IV
to form sets atm' .1 ing, /old also with Gold deck land '
Je described ; mad, consequently, a set'
times several s'ets,
Watchmaker, Jeweller,
constantlf :for sale. 00'
T. COX. S.AVORY'S, 1 1.,00 ,
Jeweller, and Sill 'ersmith, 47, Corn 10; '
(Seven Doors fro m Graccchurch-stre

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B IRT of HS. filei, tb°
At St. James-square, on the c, 4th inst., Lady ..''-- fel,
li ter'
ivhich th same ing.
On thedied e even
2d inst., at Chateau "Vertpr6, Boulognoeisardfreliflhe
lady of J. 13. Darval, Esq., of the! Aliddle Temple, arse
On the 3d inst., at Upper Slning-street, Port°l l'o
lady of N. C. Radiger, Eso,., of a daugb ter. 04° OP
On the 3d inst., Mrs. W. Curdozo, of Laurel-c 0
Brixton, of a son. 1 'IP
, '
On the 4th inst., at Sy, len-ha m-cerxmon, the la,„ o P
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of a daughter. John S. dirl'
o ic
On the 4th inst., in Einry-strt tot, the lady of do iv. fil
Esq., of a daughter. surreY,: 1)10 ,
On the sth inst., Mrs. Nash, P 'e6icham-lodge, he fli'
On the sth inst., Mrs. Chad( Pagliano, of t'" CO
Hotel, Leicester-square, of a (laugh ter. I, get'
On the sth inst., in li 1 0 le of the
,o
.ar ey-strei A, the wife Of
Alartyn, of twin-sons, still-born. .. 0

MAR R, sta"" 05'
On the 2d inst., at North Bov( Dev°n;,;jOhrbicicer' f 1)i;
of
oExnetthere,
4thto Alntsrta.:,:touHnogrenssteyd,auni
.elhrterry
rOfea"leln.dattigEhtscie •,,S the former 10,aqe.
Biro, r -
311arrenses.I,n'E.1:file.,1dos;
HtoorEnsmeyil.y. Catheri) le , youngest

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DIE 75 . ,„rvel 0 000
On the 31st tilt, whilst on tl- ic ' Ordnance —:`,ers, 5,.° /4 ,
James Greatorex, Esq., Lieuten- nt Royal EnVnitypifr
,i,
late Thomas Greatorex, Esq., F. It' .S. • , """S" ° r."
0011 tvntieg
street, London, aged 35.
d five Years'Airre',4l4.
On the 2d inst , Margaret J.
daughter of Mrs.' Cunninghar ,All.wel::; of aPt..l•icile, °ll tP
411°11$‘:
ham, late of the India Comp: gly• s op-. '
). „.•,;.tar Sero .„,. v; tr
A. r 0
Establishment. WO' ° Iti
On the 3d inst at Wl• Igeel 20, COP ,14
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son, only child of the 1- t; Wm . Thomson, E5(14
.ci
Hon. East India Comr
,an 's shi ,. Java."
On the 3d inst., F 11„: ,y- ife
Bond-street. of Nicholas Ltferi, ''''.'

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London : Printer
112, Strand, 112, Str „nd Publishaf Iby 1111111-1, 0401
at The Sun OM CO,Cep NO. go,
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