The Sun.
London, England, 1838-03-21 00:00:00

SHAFTESBURY.

Mr. HILL applied to the Committee to rescind the resolution they
came to yesterday, to retain four votes objected to, on the ground of not
having paid their poor-rates up to the prescribed period before the elec-
tion, because the poor-rate collector (Mr. Blandford) had falsely
stated that the rate had not been paid before the 31st June, when
receipts were produced in his handwriting, for the rate dated 24th June.
Mr. JOY opposed the application, suggesting that the receipts might
have been written out and left with the collector's wife, but that the
parties had not paid the rate and taken the receipts till after the 31st.

DUBLIN.

The Committee assembled this morning at the usual hour.

Mr. THESIIIGER said that it became his duty not only to sum up the
evidence with respect to the vote of Ormsby, which was under consi-
deration yesterday, but also to anticipate as well as he could the ob.
jections which he had been informed by his Learned Friend, Mr.
Austin, he intended to take against the removal of this vote from
the poll. This would be the more difficult, as he did not know what
the nature of these objections would be, or what the ingenuity of his
Learned Friend might suggest, as he had merely communicated to him
that he intended to take five different objections, and whatever they
might be, lie should have no opportunity of replying to them, as the
Committee had decided that his Learned Friend should have the last
word. This being the case, should, he through inadvertence, omit
noticing any point which might be touched upon by his Learned Friend,
in his reply, he hoped the Committee would make allowances for the
difficulties of the situation in which he had been placed by their deci-
sion, and give him credit for a desire to carry the argument out to its
full extent, and to leave no part of this case untouched. He trusted
that he should be able to demonstrate to the satisfaction of the Cons.
mittee, that the provisions of the Act of Parliament were so
strong and conclusive as applicable to this case, that even the
ingenuity of his Learned Friend would be taxed to the uttermost to
make out a shadow of a right to vote. He would first proceed to the
question of disqualification. It arose under the sth sent. of the Reform
sill, together with the oath in Schedule B. In that Section it required
that the premises should be " bona fide of the value yearly of 10/." to
entitle the party to vote, with this additional qualification that
`4 the occupier shall have paid or discharged all such Grand Jury and
municipal cesses, rates, and taxes, if any, as shall have become legally
due and payable by him in respect of such premises over and above and
except one-half year's amount of such ceases, rates, and taxes aforesaid."
The oath in Schedule B carried clown this provision to the period of the
election. The Committee, lie had no doubt, would agree with
him in thinking that there was no hardship in requiring
the voter to pay ttp these taxes for the constituency to whom
this section applied, had been called into existence by the Reform Bill,
and should take the benefit with the burden, that being the qualification
and condition on which they obtained the franchise. There was cer
tainly a distinction in this respect between the law in England and in
Ireland; but the reason for this was manifest, because the Irish registration
endured for eight years, and the English underwent an annual revision.
Having made these few preliminary observations, he would now proceed
to apply himself to the objections which he anticipated would be raised
by his Learned Friend. They were, first, that no 'aloof had been given
of more than one half year's tax being in arrear at the time that
Ormsby had voted. Now, he contended that the contrary was
the fact, and had been clearly established by the evidence
of the collector. The second objection would be that the voter was not
rated, that his name was not introduced in the assessment or receipt,
and that the tax was not due or payable by him. His answer to that
was, that the tax was a tax on the property, and not oil the individual.
With respect to the third question which would arise, namely, that it
was necessary to give evidence of the collector's authority, he apprehended
that the Committee would attach little weight to it, as they would find
on referring to the Act that it was not necessary for the collector to
produce his warrant, the fact of his being known in the locality in which
he acted as the collector of the board being deemed quite sufficient. The
fourth objection was that the voter was not liable for these taxes
unless the demand was made for them previous to the election. Now
the terms of the Act were express in this respect that the tax was dueand
payable after the sth of January, and he contended that it did not re-
quire a demand to render it so. And now be came to the last objection
which was, that as this person was the occupier of a shop, he was,
therefore, net liable to the rate at all. Now the affidavit of the voter
described him as occupying the shop, and other apartments, of the
house, No. 77, Francis-street—there was no evidence to show that
this shop and other apartments, did not constitute the whole
of the premises, in which case the voter would be liable, and it would
be for his Learned Friend to show that such was not the fact. In con-
elusion, the Learned Gentleman said that he hoped that he had now
shown to the satisfaction of the Committee that these objections were
not tenable, and that whatever might be the ingenuity with which his
Lear ned Friend might urge them, they would not be led away by him.
Mr. AUSTIN replied—He begged, in the first place, to disclaim the
imputation of ingenuity which had been so frequently thrown out
against him by his Learned Friend; for nothing could be more offen-
sive to counsel than such a charge, or indeed more criminal, of which
his Learned Friend himself afforded an illustration.— (Laughter.)
With respect to the first, and most important proposition,
which had been laid down by his Learned Friend, namely, that the
vote of Ormsby should be struck off, because at the time he gave it
more than one half year's Grand Jury cess or other municipal taxes
was then due, and payable out of the premises described in his cer.
tificate (a shop)—he contended that his Learned Friend had not
proved his case, or approached any thing like a proof of it.
The Committee could not disfranchise a voter except on the clearest
and most conclusive evidence, the whole burden of producing this evi-
dence lay with tho party who impeached the vote, the fact of the
voter's name being on the poll was prima facie evidence of his
title and he could not be removed from it except upon the
fullest and most satisfactory testimony that he had no right to be there.
He would not follow the objections which had been noticed by his
Learned Friend in the order which he had taken them; he would ra-
ther commence with that which he deemed most important, namely,
that the name of Joseph Ormsby was not in the rate, and that he was
not rated. They would find, on referring to the assessment, that the
name of Joseph Ormsby was not in the rate, that a person named
Reilly was rated for these premises, that Ormsby had no right of ap-
peal, and that consequently the 36th and 44th section of the Act did
not apply to him, and that he might with perfect propriety take the
oath prescribed in schedule B.

Lerd SZYMOUR—Do you mean to contend Mr. Austin, that the Corn.
missioners could not have recovered those rates from Ormsby 7
Mr. AUSTlN—Certainly my Lord, they have only two remedies,
by action and by distraint, they could not have brought an actio❑
against Ormsby, as it would lie only against Reilly; and although they
might distrain his goods, as they might destrain the goods of any other
person who happened to be on the premises, yet the distraint could not
be said to be against Ormsby. lam really obliged to your Lordship for
putting this question, for it places the matter in the clearest possible
light.
Lord SEYMOUR—I think I may as well stop Counsel here, for the
Committee appear to be unanimously of opinion that the objections to
the vote of Joseph Ormsby have not been sustained.

Mr. TnEssiGEß—May I be permitted to ask the grounds upon which
the Committee have come to this decision ?

Lord SEYMOUI—On the ground of the voter not being rated.
Sir J. It. CARNAC—Is it the usual course for Counsel to be permitted
to question the reasons which influence the decisions of a Committee?
➢lr. THESSIGER—I beg pardon if I have been misunderstood. My
only object in putting the question was to save the time of the Commit.
tee, to ascertain the point on which they had decided the vote, in order
that we might not raise it again.
Lord SEYMOUR—SO I understood, and therefore answered the question.
Mr. THESEIGER then proceeded to attack the rote of Thomas Kevegh,
7, Wall's.lane, dairy.rnau and householder, which stood No. 217 on
the list.

(To be concluded in a Second Edition.)

EAST INDIA HOUSE.-(THIS DAY.

A Quatterly General Court of the Proprietors of East India Stock
was held this day at the East India House, Sir J. L. LU3HINUTON in
the Chair.

The Minutes of the last Court were read and confirmed.
The CHAIRMAN acquainted the Court that copies of certain papers
sent to Parliament were laid on the Proprietor's table.
The SECRETARY read a list of the papers ; also a list of superannua_
tions granted since the last General Court.
The CHAIRMAN acquainted the Court that the address of condolence
to her Majesty on the death of the late King, agreed to at the last
Court, was presented to her Majesty at a levee en the 14th instant, and
that to the Queen Dowager had been also presented to her through the
medium of Earl Howe.

A letter from the Chairman to the Marquis of Wellesley, informing
him of the resolution of a former Court, ♦oting to him the sum of
20,0004, was next read; and a letter from the Noble Marquis, in reply
to that communication.

Sir C. FORBES moved that the letter of the Chairman and the reply
thereto be printed for the use of the Proprietors.
The CHAIRMAN said the Directors would have great pleasure in com-
plying with the motion of the Hon. Proprietor.
Mr. POYNDER then brought forward his motion relative to Idolatrous
Worship in India ; and was addressing the Court in support of it when
our Reporter left.
There was an unusually full attendance of proprietors.

"THE SUN" AND THE COAL TRADE.

We take the earliest opportunity of correcting an error, into
which the spirited Editor of The Sun has been led, by the evi-
dence given before a Committee of the House of Commons,
by Mr. Clarke, the factor, in June, 1836. Mr. Clarke is re-
ported to have said, that in case a ship-owner should offer a
cargo of Coal for sale in London, without the intervention,
and contrary to the regulations of the factors, he would be re-
ported to the Coal-owners in the North, and his vessel would
be " prevented getting a cargo." We stated, in a former
number that attempts had been made at Newcastle, as in
the case of the Eliza, to exact a higher price from ship-
owners refusing to submit to the London regulations—but that
such attempts were in violation of an Act of Parliament, and
had been successfully resisted. We can readily believe that,
at the time Mr. Clarke gave his evidence (two years ago), he
was fully impressed with the idea that a sort of despotic power
was vested in the coal monarchs of the North—and we be-
lieve, also, that these potentates themselves, for a while,
laboured under the same delusion—but the mist has been dis
pelled, and all attempts to evade the Statute abandoned in
despair. _

For the information of the consumers of Coal generally, we
will simply quote the substance of the penal clause of "the
Act fo, regulating the loading of ships with Coals in the
port of Newcastle" to which we referred. It enacts in the
plainest possible language, " That any Master, owner, or
Agent can demand to have his vessel entered at the Coal-
fitter's office in Newcastle for a regular turn of loading—that
he can have an hour to consider whet': er he will take the
cargo or not—that he can demand the cargo, on tendering the
amount of the value of the Coal, at the pIOCE at which the
Coal he applies for is THEN SOLD ; and every fitter, vender,
or agent, refusing or neglecting to enter the application, or to
load the vessel in dun turn, according to the period of the API"
plication, shall forfeit and pay, for every such offence, the
sum of ONE HUNDRED POUNDS !"

What stronger legislative interference than this can the coal
consumers of London require? In ordinary cases, as the
shopkeepers of Cheapside and the Strand know full well, a
vender has a sort of discretionary power in the disposal of his
goods, or in the opening and shutting of his shop—but the
coalowner is expressly required by the statute to keep open
his office every day, Sundays excepted, at certain hours, and
to sell the article in which he deals to every applicant, in re-
gular turn, and at a regular price.
We can, therefore, only again say to the coal consumers of
London—" The Tyne is open to your vessels—the coal-
offices are open to your agents—no fitter at Newcastle can re-
fuse your money—no factor at London can interfere with your
cargo—the cure is in your own hands—the abuses of which
you complain are but the natural consequences of your own
supineness."—Gateshead Observer.

ASHTON-MONDAY.

TO THE EDITOR OF THE SUN.

SIR—On Monday last, March 19, a Meeting of the Church-
wardens, Overseers, and Select Vestry, was held at the parish
Office, Ashton-under•-Lyne, Thos. Halkyard, Warden, in the
Chair. The object of the Meeting was stated to be in conse-
quence of a notice from the Commissioners for the election of
Guardians under the New Poor Law for the ensuing year.
when the following resolution was unanimously passed :
" That this meeting take no steps that would directly or indi-
rectly assist in the nomination or election of Guardians under
the New Poor Law Act for this parish for the year ensuing.
And that if any individual, or individuals, be hold responsible
by the Commissioners for the disobeying the notice for the
election of Guardians, such fines as may be imposed be pia
from the parish funds."

If the rest of the Ashton Union be as bold in declaring their
mind, we think the Commissioners will have something to do,.
A CONSTANT READER.

THE ToWER.---The arrangements for the extended
admission of the public to view this ancient and interesting
national establishment are in a state of great forwardness. A I
number of workmen are actively employed, and a building s
in the course of erection adjoining the premises occupied by
the proprietor of the late menagerie, to be devoted to the
purpose of an office for the issue of tickets, which, from the
increased number of persons who will avail themselves of tk.e
reduced charge of admission, has bean deemed necer39'.iry.
The tickets obtained from this office will entitle the brAyers to
pass the guard at the inner gate, who will conduct t;oem to a
spacious ante-chamber or waiting-room, which now being
fitted up for the purpose. As soon as ten or P., dozen persons
are collected, the warden will then introd”.ce the visitors to
the interior, and go round with them to '.lescribe the various
relics and curiosities therein contained, The whole of the
arrangements were last week personally superintended by the
Duke of Welliugton, who expressed his desire that no pains
might be spared to render them in every way conducive to the
accommodation of the numerous visitors who will probably
inspect these national curiosities for the first time. The above
plan is intended to be adopted on the Ist or 2d of next month-
We regret to learn that an excitement prevails 171
that important tract of our county, Dean Forest, which hay in
some instances led to considerable rioting and dangv,rous
affrays. The rumour is generally spread that the Govern-
ment intend this session to bring in and pass a law for the set-
tlement of the mines, and thus to rescue the forest from its
present lawless state ; and it seems that speculators and ad-
venturers of all descriptions are rushing to seize upon th
mines, in the short interval of time remaining before ler/al
measures can be adopted to restrain and regulate them. 'file
free miners, in whom the right of opening mines is at p „,cet
alleged to be vested, are exercising their supposed cl.aims in
every practical direction, lured by the prices freely given by
capitalists, and their contention as to their rights ',O different
mines have produced conflict and bloodshed. It. is surely nu-,
perative on the Government to put an end to Such a state of
anarchy. If their measures are matured, why not intredu"
them ?—Gloucester Chronicle.
A few days ago, while Alme.
"VI., formerly a dance"
at the Opera, was witnessing thr.: representation of Guido et
Ginevra, two gentlemen dressed in the height of fashion en-
tered the box in wllich she was, and took their scats. During
their stay, which was but short, her attention was completelY
occupied by their conversation, and on its cessation she imme-
diately became aware of their departure. At the same Inn;
ment she found that a very valuable shawl of per's had retired
also. She directly repaired to the Commissary of Police, 3n •
gave an accurate description of the two men of fashion, b"
as yet has not recovered her shawl.
SWANS AND EWES.—Judging from announce-
ments like the following, which constantly grace the columns
of almost every number of every provincial paper, we apPre;
hand the wide-spread existence of flocks of wild swans an
prolific ewes unconscious of Malthus in his-check : —Seven
swans were observed in a field in Longsleddsrle the other day..
flying in company, and adding another list to the number of
these birds which have visited this part of the country. 0°
Sunday last, a black-faced ewe of Fell-breed land, served by
a top of the same breed, the property of Mr. Edmund Sedg-
wick, Helmside, in Dent, yeaned three fine top lambs, which-
with the mother are doing well. The same ewe has re-
duced eleven lambs in four years, eight of which are living'
The Austrian capital has been much agitated by a
foul murder committed on a rich widow, who had been nidted
for her saving qualities. She was found hanging in. her
room, having besides received many wounds. Suspicion has
fallen on a man, richly dressed, who is presumed to have
been the last person with her, and who is supposed to have',
been there to borrow money. The property, consisting ef,
plate, jewels, &c., stolen from the house is valued at several
thousand pounds. The unfortunate woman leas left a grand-
daughter, a mere child, who, it seems, was sent out of the"'
house on some pretext by the suspected murderer, of whoa's,
however, at the latest advice!, no traces had been ascertainee.t-
On Monday afternoon, between two and th tee
o'clock, the following dreadful accident occurred at the 1-souse
of a poor woman, named Evans, living in the Wands%vortii-
road. Her eldest boy, twelve years of age, has for sorne time'
past brought home (unknown to his mother) small 4uantitles
of gunpowder, which he put into a tin canaster. At the above-
hour she went out to purchase some bread for tea, ana
.
gave her two young children the eannister to play
with. The screams of the two little sufferers brought
several neighbours to the house, when a most distressing
scene presented itself. One of the children was found-
lying under the table quite insensible, its eyebrows and hair-
burned off, and the face dreadfully disfigured; the other, 8.
little girl, five years of age, in the corner of the room, betb'
her hands being shockingly burned. Nearly every article 11l
the room was shivered to atoms, and the whole of the windosv!
and part of the framework blown out. A surgeon was so":
for, who promptly attended and rendered every assistance
but it is feared the little boy will lose the sight of his left eye..
The poor mother is in a state of mind bordering on distraction.
It is supposed they were playing with the fire, when the pow-
der ignited.

SETS OF PLATED DISH COVERS, WITH
STRONG SILVER EDGES,
may be selected of various.
Patterns, price 161. the Set, at T. COX SAVORY'S, Workinr
Goldsmith, Silversmith, and Watchmaker, 47, Cornhill, London
( Seven Doors from Gracechurch-street). The Set consists of ono
cover 20, 18, 14, and 12 inches diameter.
N.B.—The three Show Rooms contain a large variety of superior
Silver-edged Plated Goods. A Pamphlet, containing a List ,
Prices and Drawings of Silver Spoons and Forks, Silver Plat so
Plated Goods, Watches, Clocks, &c., may be had gratis, or wil,i be
forwarded in answer to a post-paid application.

BIRTHS.
On the 17th inst., at Chipping Norton, Mrs. W. S. flitehman,
of a daughter, still-born.
At. Kensington, on the 18th inst., Mrs. R. J. S. 'Todd, of a son•
On the 19th inst., Mrs. Andrew Van Sandau, of Meaklenburg,h-
square,of a son.

On the 17th inst., in Hereford-street, the lady of Cecil Fane,
Esq., of a daughter, still-born.

MARRIED.
At Redcastle, Ross-shire, N. 8., on the 13th inst., James Mac^
eod, Esq., second son of the late James Macleod, of Rasav, to Mary
Frances Theodosia Fraser, seeond daughter of Major. General Sir
Hugh Fraser, K. C.B.
On the 17th inst., at St. Mary's, Islington, Mr. E. S. Elliott,
son of the late John Elliott, Esq., of Sopley, Hants, to Eliza, the
youngest (laughter of the late Richard Turnell, Esq., of Stamford,
Lincolnshire.