The Sun.
London, England, 1853-11-12 00:00:00

t liament for the period of thirty days at least before her
Majesty's pleasure thereon shall be signified.
By the XLII. clause the appointment to all public offices
in the colony hereafter to become vacant or to be created
(other than corporate offices), whether such offices be
salaried or not, shall be vested in the Governor with the
advice of the Executive Council.
The XLIII., XLIV., and XLV. clauses refer to the
rto
continues those
the which
e x i
s itiirne vg a i
laws
w i n a
andappointment and removal of judges. The provisions in
thiesleerexspLec:Lar clause
esimila
Eng-
land.
statutes.
XLIX. By this clause it is provided that it shall not be
lawful for the Legislature of the colony of New South
Wales to levy any duty upon articles imported bona fide
for the supply of her Majesty's land or sea forces, nor to
levy any duty, impose any prohibition or restriction, or
grant any exemption from any drawback or other privi-
lege upon the importation or exportation of any articles,
nor to enforce any dues or charges upon shipping contrary
to or at variance with any treaty or treaties concluded by
her Majesty with any loreign power.
L. Subject to the provisions of this act, and notwith.
standing/any acts of the Imperial Parliament now in force
to the contrary, it shall be lawful for the Legislature of the
colony of New South Wales to impose and levy such
duties of customs as to them may seem fit, on the im-
portation into the colony of any goods, wares, and mer-
chandise
whatsoever, whether the produce of or exported.
from the United Kingdom, er any of the colonies or de-
pendencies
of the United Kingdom, or any foreign coun-
try.
Provided always that no new duty should be so im-
posed upon the importation into the said colony of any
article the produce or manufacture of, or imported from,
any particular country or place, which shall not be
equally imposed on the importation into the said colony
of the like article the produce or manufacture of, or ex-
ported from, all other countries and places whatsoever.
LI. For the purpose of this act the boundaries of the
colony of New South Wales shall not be curtailed on the
north within the twenty-sixth degree of south latitude,
aild they shall be on the south and the south-west a
straight line drawn from Cape Howe to the nearest source
of the River Murray, and thence by the course of that
river to the eastern boundary of the colony of South
Australia ; on the east the one hundred and sixty-second
degree of east longitude ; and on the west the one hun-
dred and forty-first degree of east longitude, reckoning
from the meridian of Greenwich.
LII. No alteration shall take place in the boundaries of
the respective colonies of New South Wales, Victoria, or
South Australia, unless the assent of the colony losing any
portion of its territory by such alienation shall be ex-
pressed in some legislative provision of such colony.
By the LIII. clause provision is made for the formation
of a Consolidated Revenue Fund.
The LV. clause provides that the Consolidated Revenue
Fund of this colony shall be permanently charged with all
the costs, charges, and expenses incident to the collection,
management, and receipt thereof ; such costs, charges, and
expenses being subject, nevertheless, to be reviewed and
audited in such manner as shall be directed by any act of
the Legislature.
The LVI. clause provides that there shall be payable in
every year to her Majesty, her heirs and successors, out of
the Consolidated Revenue Fund of this colony, the seve.
ral sums not exceeding in the whole the sum of 63,3001.,
for defraying the expenses of the several services and
purposes named in the first, second, and third parts of
the schedule A, to this act annexed ; the said several
sums to be issued by the colonial treasurer in discharge
of such warrant or warrants as shall be from time
to time directed under the hand of the Governor ;
and the said treasurer shall account to her Majesty
for the same through the Lords Commissioners of her Ma-
jesty's Treasury, in such manner and form as her Majesty
shall be graciously pleased to direct.
By the LVII. clause it is provided that it shall be law-
ful for the Governor to abolish any of the offices named in
the second part of the schedule, or to vary the sums there-
by appropriated to such purposes connected with the ad-
ministration of the government of this colony, as to her
Majesty, her heirs, and successors, shall seem fit ; and ac-
counts in detail of the expenditure of the several sums
expended under the authority of this act shall be laid be-
fore both houses of the Parliament of New South Wales
within thirty days from the beginning of the session next
after such expenditure shall be made.
LVIII. The said several sums mentioned in the first,
second, and third parts of the said Schedule A, shall be
accepted and taken by her Majesty, her heirs, and succes-
sors, by way of civil list, instead of all territorial, casual,
and other revenues of the Crown (including all royalties),
from whatever source arising within the said colony, and
to the disposal of which the Crown may be entitled either
absolutely or conditionally, or otherwise howsoever.
By the LIX. clause it is provided that not more than
4,5501. shall be payable at the same time for pensions to
the judges of the Supreme Court out of the sum set apart
for pensions in the first part of the said Schedule A ; and
not more than 5,900/. shall be payable in the whole by way
of pension or retiring allowance for the present incumbents
of any office or department. mentioned in the first and
second parts of the said Schedule A, who on political
grounds may be removed from any such office or depart-
ment. Provided always, that pensions shall be demand
able by such judges to the amount of seven-tenths of their
actual salaries on permanent disability or infirmity, or
after 15 years' service in this colony.
LX. Not more than 2,5001. shall be payable at the same
time for pensions to superannuated officers out of the sums
set apart for such pensions in the second part of the said
schedule,

LXII. After and subject to the payments to be made
under the provisions hereinbefore contained, all the conso-
lidated revenue fund arising from taxes, duties, rates, and
imposts lovied by virtue of an act of the Legislature of
the colony, and from the disposal of the waste lands of the
Crown, under any such- act, made in pursuance of the
authority herein contained, shall be subject to be appropri-
ated to such specific purposes as by any act of the same
Legislature shall be prescribed in that behalf.

The LXIII. clause enacts that it shall not be lawful for
the Legislative Assembly to originate or pass any vote, re-
solution, or bill, for the appropriation of any part of the
said consolidated revenue fund, or of any other tax or im-
post to any purpose which shall not have been first recom-
mended by a message of the Governor to the said Legisla-
tive Assembly, during the session in which such vote, re-
solution, or bill, shall be passed.
LXIV. No part of her Majesty's revenue in the said
colony, arising from any of the sources aforesaid, shall
be issued, or shall be made issuable except in pursuance of
warrants under the hand of the Governor of the colony
directed to the public treasurer thereof.
LXV. This act shall be proclaimed in New South Wales
by the Governor thereof, within one calendar month after
a copy of such act shall have been received by such Go-
vernor, and shall take effect within the said colony from
the day of the proclamation thereof.
The LXVIII. clause provides that the foregoing provi-
sion of this act shall have no force or effect until so much
and such parts of the act of the Parliament of the United
Kingdom of Great Britain and Ireland, passed in the 13th
and 14th years of her Majesty's reign, intituled " An Act
for the better Government of the Australian Colonies,"
and the first, second, and third parts of the Schedule A
therein referred to ; and of another act passed in the sth
and 6th years of her Majesty's reign, intituled "An Act
for the Government of New South Wales and Van Die-
men's Land ;" and of another act passed in the said sth and
6th years of her Majesty's reign, intituled "An Act for
Regulating the Sale of Waste Lands belonging to the
Crown in the Australian Colonies ;" and of another
act passed in the Bth year of her Majesty's reign, in-
tituled "An Act to dear np doubts as to the Re-
gulation and Audit of the Customs of New South
Wales ;" and of another act passed in the same year,
intituled " An Act to explain and amend the Act for the
government of New South Wales and Van Diemen's
Land ;" and of another act, passed in the ninth year of
the reign of his late Majesty King George IV., intituled,
" An Act to provide for the Administration of Justice in
New South Wales and Van Diemen's Land, and for the
more efficient government thereof, and for other purposes

relating thereto ;" and of another act passed in the ninth
and tenth years of her Majesty's reign, intituled, " An
Act to amend an Act for regulating the sale of Waste
Land belonging to the Crown in the Australian Colonies,

and to makee-fuilher provision for the management thereof,"
as severally relate to the colony of New South Wales, and
as are repugnant to this act, shall have been repealed ; and
the entire management and control of the waste lands be-
longing to the Crown in the said colony of New South
Wales, and also the appropriation of the gross proceeds of
the sales of any such lands, and all other proceeds and re-
venues of the same, from whatever source arising within the
said colony, including all royalties, mines, and minerals,
shall be vested in the Legislature of the said colony.
The following is the schedule referred to :

SCHEDULE A.-PART I.

Amount
payable
while the
present
Incumbent
is in office.

To be placed at the disposal of her
Majesty for the salary of the
Governor-General, if her Ma-
jesty see fit ; otherwise to re-
vert to the Consolidated Re-
v 27,000 0 0
venue Fund
One Chief Justice 2,000 0 0
Three Judges, including one for
Moreton Bay 4,500 0 0
Master in Equity and Curator
of Intestate Estates, and Chief
Commissioner of Insolvent
Estates l,OOO 0 0
Attorney-General
Solicitor-General
Pensions for Judges, on their
ceasing to hold office 4,550 0 0
Chairman of Quarter Sessions,
and Commissioner of Court of
Requests

800 0 0

R 22,350 0 0
SCHEDULE A.—PART 11.
Colonial Secretary £2,000 0 0
Governor's Private Secretary ... 400 0 0
Colonial Treasurer
Auditor-General
Pensions to officers of Govern-
ment, not liable to removal 2,500 0 0
Pensions to existing officers of
the Government, liable to re-
moval, upon their removal.
(Upon the demise of these
latter officers, their respective
pensions to revert to the Con-
-5,900 0 0
solidated Revenue Fund)

Amount to
be allowed in
future, as va-
cancies occur
by the re-
moval of the
present In-
cumbents.

... 27,000 0 0
... 2,000 0 0

4,500 0 0

£12,950 0 0
SCHEDULE A.—PART
.............. 28,00000 ..
RECAPITULATION.
Schedule A.—Part 1.... ...... 222,350 0 0 ..
Part ....... 12,950 0 0
Part ........ 28,000 0 0

1,500 0 0
1,000 0 0

... 4,550 0 0

£20,550 0 0

£2,000 0 0
400 0 0
1,250 0 0
900 0 0

2,500 0 0

.. £7,050 0 0

Public Worship .

£28,000 0 0

£20,550 0 0
7,1,50 0 0
28,000 0 0

£63,300 0

£55,600 0 0

This was an appeal from the county court of Lincoln-
shire. The case set up stated that the plaintiffs filed a
plaint against the defendants and by their particulars
claimed to recover 35!., the value of two horses which
had been killed or seriously injured on the defendants'
line, iu consequence of the defendants, their agents, or
servants, having left open a gate through which the
horses passed on to the railway, and suffered the injuries
complained of, and a sum of money was also claimed
for the expenses of trying to recover the horses. The
case came on for trial, and the following facts were
proved :—The plaintiffs were farmers at Torksey, in
Lincolnshire, and they had formerly two horses in a
field through which there was a highway, but this way
was crossed by gates which formed part of the plaintiff's
fence. It happened that one of these gates was left
open by somebody who had passed through, and the
horses strayed into the common road. About 100 yards
off was the gateway of the railway-station yard, which
was so constructed that it would shut of itself unless
kept open by something ; but it was proved that the
gate frequently was open. The horses went into the
station-yard in the afternoon, but were turned out by
the company's servants. Afterwards, however, they
went in again, and were accidentally locked in at night.
It happened that a portion of the railway fence had been
taken down to remove some goods, and the horses passed
through the opening on to the line, where they were
run against by a train. It was contended that the de-
fendants were liable to make good the loss of the horses,
in consequence of their gate being open and their fence
down ; but the defendants submitted that there was no
case to go to the jury. The judge refused to nonsuit,
and left the matter to the jury, who found for the plain-
tiffs for the amount claimed. It was now submitted to
their lordships, on behalf of the defendants, that the
county court judge ought to have decided that there was
no case to go to the jury, and to have entered a nonsuit.
Mr. Addison appeared for the appellants, and Mr.
Gray for the respondents.
The Court took time to consider the matter.

COURT OF BANKRUPTCY—Nov. 11.
(Before Mr. Commissioner Fane.)
IN RE HENNET.
This was the dividend meeting in the case of George
Rennet, railway contractor, &c., of George-street, West-
minster, and other places. We published in The Sun of
yesterday a statement of the amount of assets in hand.
A great number of creditors, seeking to prove for large
Messrs.amounts,o
f thei r
iwpl
jreoreoeof
dsi n
ahanatddt esnbtdeeanennnci en
pgt
r,hei v
ist
homeuos
srl
yon
inc g b i
to;
investigatedrsu a
ut
ndse mr
tobhsyet
bankruptcy, and by Mr. Quilter, accountant, who is one
of the trade assignees, comparatively little trouble was
occasioned to the court. Only one proof, that of Mr.
Preston, a merchant's clerk, for 7501., on acceptances
of the bankrupt's, gave rise to any discussion ; and after
a lengthened inquiry into the circumstances of the claim,
it was ordered to stand over, to give the assignees the
opportunity of taking counsel's opinion.
Mr. M`Leod stated that since the last meeting be.
tween 10,000/. and 15,000/. of liabilities had been got
rid of, through the investigation to which they had been
subjected by the assignees. This showed the necessity
of investigation in every case.
The Commissioner—Oh, undoubtedly.
The total amount of proofs placed on the file in the
course of the day was 136,490/., making, with the debts
already proved, a total proof against the estate of
257,5291. The dividend to be shortly declared will be
about 2s. 6d. in the pound.
IN RE THOMPSON.
This was the last examination meeting in the case of
Frederick Hale Thompson, manufacturer of silvered
glass ware, of Berners-street, Oxford-street. The ac-
counts, prepared by Mr. Thomas, extended over 31
years prior to the failure in June last, and showed a
sum of 11,092/. due to unsecured creditors, and 2,7801.
to those holding security. The assets, if well realised,
are expected to yield about 10s. in the pound.
Mr. Lawrance supported ; Mr. Sturgeon, for the as-
signee, offered no opposition ; and the bankrupt passed.
(Before Mr. Commissioner Holroyd.)
IN RE BATES AND HITCHMAN.
This was the certificate meeting. The bankrupts
had carried on an extensive business as straw plait
dealers, of Addle-street in this city, Bristol, and Bir-
mingham. The accounts, prepared by Messrs. Harding
and Pullein, show the debts to be ]5,2841. ; liabilities,
3,4451. The assets were put down at 3,349/. in good
debts ; doubtful, 3,3191. ; cash given up, 3081. ; property
reatisedl 1,1531. The profits were returned at 3,283/. ;
trade expenses, 2,9501. ; interest, 1,2521. ; law charges,
1741 ; losses in realising, 1,1441. ; bad debts, 6291. ;
partners' drawings, 7441.
Mr. Linlilater supported : Mr Robinson appeared for
the assignees.
Mr. Linklater, in applying for the bankrupts' certi-
ficates, stated that Mr. Bates had been in business for
mlny years, and Mr. Hitchman had been in his service
fifteen or sixteen years prior to 184 S, when the [nuttier-
ship commenced, there being a surplus in tho'concern
of 1,300/. Three or four of the largest debts arose from
the purchase of Tuscan straw, upon which it was ex-
pected to make a large profit, but it had fallen off in
value at that time. The bankrupts, whose returns froni
January, 1851, to July, 1853, amounted to about
60,0001., had been, like many others in trade, the vic-
tims of fluctuations in trade, and the failure of large
houses with whom they dealt. 13,0001. of the debts
was represented by nine creditors, with whom the bank-
rupts had dealt for many years, and none of them came
forward to oppose. The domestic expenditure was very
small ; it did not amount to more than about 7001., the
amount of capital brought in by Hitchman, so that the
estate had in no way suffered in that respect.
The solicitor to the assignees said that they were quite
satisfied with the bankrupts' conduct.
His Honour said it appeared from the balance-sheet,
and what had been stated, that the bankrupts were en-
titled to their certificates forthwith, but the question
was as to the class. He (the commissioner) could not
say the failure had arisen solely from losses and misfor-
tunes. They had traded to a very considerable extent
faatvtehurreaehl places 1 ace s
feature withoutwas ctahpaitt a l
theto neixele)tendthietiurrle osses'
of
these gentlemen was extremely small, and there was
bothA
nothing against their conduct as tradesmen, but con-
sidering the absence of capital—he did not mean to say
that a man was not to trade because he had no capital,
provided he had good credit, which should make a per
son very cautious, and not trade to a considerable ex-
tent—the bsaenckoilip bankrupts
class. would receive immediate certifi.
cites

INSOLVENT DEBTORS' COURT.---Nov. 10.
(Before Mr. Commissioner Murphy.)
IN RE GEORGE M. INNES.—GOVERNMENT CLERKS AND
THEIR "TEMPTERS."
This insolvent, a clerk in the Admiralty-office, Somer-
set-house, appeared under the Protection Act on his in-
terim order. A creditor, named Charlton, messenger in
the Geological Society's department, Somerset-house,
opposed in person. Mr. Couke supported.
Mr. Cooke informed the court that there was a pro-
posal in this case to set aside 150/. a-year for the
creditors.
Charlton complained that he had advanced the insol-
vent 601. on his promissory note, and afterwards a sum
was advanced on the note of a fellow clerk, named Bar-
ron, and to a Mr. Waddilow, and then an advance was
obtained on an I 0 U. Such conduct was not fair, for
he found the insolvent, who was to pay him ls. interest
a quarter, was paying a Jew 60 per cent. interest.
In answer to Mr. Cooke, Charlton stated that in May,
1851, he advanced 601. to the insolvent on his promis-
sory note. He was himself in Somerset-house, being a
porter to the Geological Society. It was to his misfor-
tune that he had got acquainted with clerks in govern-
ment offices. Ho considered that government clerks
were respectable men, but he had found to the contrary ;
he was " green " when he thought they were to be
trusted. When he advanced the 601. to the insolvent
he took nothing for discount. At the end of the guar.
ter he was to have is. 6d. in the pound, but Jews could
get 60 per cent.
Mr. Cooke—lf a Jew got 60, you being a Christian
thought you might get 30 per cent. (A laugh.)
Charlton further stated that off the 601., 20/. had been
paid. In conjunction with Barron the insolvent got
251., and there was a sum to the other person he
651.h1id
mentioned. There was about 951. advanced,and
had been paid off. He sued the
1.
costs had been paid. Barron had insolvent,
petitioned thisa
otherand had
gentlemanoffered
to
ton) held the insolvent liable.
snelatdaesaidceomapboousittioslo)o/.ha a
of about 901., and 1501. a year
2was
Mr. Cooke asked Charlton that as he hoalleurtygebdoe_ta:6(.o.s7-taoiriffel.
creditors, what could he want more
e.
Charlton said he opposed on priniciiipl
S principle done a
Mr. Cooke told him he had by
duced young men
talked of opposing on
great deal of miscilndeuf.ovelrtnnwleanst
their incomes, and then they to livebeyond
- Charlton to leave off
such
ie
et) ersons that in-
-500/. by being
Charlton declared that
given 2001. to King's College he
s'u'perhinac "principle."
roHusetrade.
"fleeced." If he had
.to mankind, but he had been
would alidvpibbead
Jest
eienet clerks, and cotild not send
nermvlt was all from not knowing the
s,l,ifloeuelededhajebydoGneohvaoeosri
his children to se •
world.
Mr. CoOka charged Charlton with being the "tempter."
It was through such persons that young men lived be-
yond their incomes. They took "3U per cent." and
upwards and then complained. Charlton had got
out of 951., and now vaunted that he opposed on prin-
ciple. It was impossible to feel sympathy for such men —men
bwho t h
edxtrava pandered to the expenditure,
in public
pourbliict
stunt
o. He submitted ee of f young
the offerg m
now made of
150/. was a very liberal one.
The insolvent, in answer, said that his salary was
3201. a year. Had it not been for Charlton, be should
not have been obliged to come to this court. His other
creditors would take the offer he had made.
Mr. Conniisaioner Murphy gave his opinion. He