The Sun.
London, England, 1838-08-25 00:00:00

SAILINGS.

Auo. 23, 1 P.M.—The Therese Cutter, Sir B. Graham,
Bart., for Lymington. 3P. M.—The Pearl Cutter, Marquis
of Anglesey. for Southampton—strong wind, N. N.
YACHTS AT AND ABOUT THE STATION.

Cutters.—Kestrel, Panthom, Ann, Vampire, Alarm, Lord
of the Isles, Elizabeth, fiche, Wave, Emerald, Mary, Breeze,
Rein Deer, Turk, Psyche, Albatross, Naiad, Forest Fly,
Saphire, Aurora, Sultana, Union, Noran, Corsair, Cynthia,
Heron, Eudora, Medora, Giulia, Columbine, Zebra, Gany-
mede, Blue Eyed Maid.
Schooners.—Norma, Merlin, Janette, Royalist, Dolphin,
Harriet, Gem, Mischief, Peri.

At the Annual Ball at the Royal Yacht Squadron House,
Weippert's Band attended. There was a larger number pre-
sent than ever before known (243), including many of the
fashionables now at this place.
FIDELIT Y. --.Abollt day.brCiik on Tuesday morning the
watch on the deck of the Corsair, R. Y. S. yacht, lying in
Cowes-roads, observed a large black Newfoundland dog swim-
ming near the vessel with a hat in its mouth. It was blowing
strong at the time, but he at length succeeded in getting the
dog on board. At present it is not known whether the hat
was blown overboard, or if its owner has perished. The dog
and hat are still on board the Corsair.

GALES IN THE CHANNEL.-The Eliza, pilot-boat of this
port, E. P. Knell, owner, while on the look-out for ships
requiring her aid, experlenced very severe weather on Tuesday
night. At 9A. M. on Wednesday morning, being then off
Scilly, and running before the gale at N. W., a tre.nendous sea
struck her on the lee quarter, carrying away her bulwarks,
and washing overboard one of the crew, Mr. Thomas Park-
man, first-class pilot. It is supposed he must have been
stunned by striking against some part of the vessel, as he was
not seen afterwards, though every exertion was made to
save him.

The Fidelity, pilot vessel, also experienced very severe weather
when off the Start, and Clark, one of the crew, was washed
overboard, but was providentially got on board again by the
assistance of a rope. The pilots of the Isle of Wight have
been very unfortunate lately, and more of them have been
drowned in the last two years than in many years preceding;
yet after these men have periled their lives to save others,
they get but the most trifling recompense, and that with
difficulty.

The Duke of Leeds left the Clarendon Hotel on
Wednesday, for Mar Lodge, in Aberdeenshire. His Grace
will pass the grouse-shooting season in Scotland, and return
to town the first week in October. The Dowager Duchess of
Leeds is to reside at the splendid family seat, Hernby Castle,
the magnificent furniture, library, plate, wines, &c., of which
noble mansion, hare been left to Mr. Sackville Lane Fox, her
Grace's son-in-law, by the late Duke.
ENGLIsII OPERA HOUSE.—The 11th representa-
tion of Mr, M'Farreit's Piece, the Devil's Opera, attrated a
house crowded to the ceiling. The music of an English com-
poser has been properly estimated ; the trio " Good Night"
has nightly been honoured with an encore, and is certainly a
very charming production. Wieland's drollery has surpassed
everything of the sort since the days of Grimaldi. This plea-
sant opera has completely changed the face of affairs at the
Lyceum,
Mr. Wilson is fnl filling a short engagement at the
Adelphi Theatre, Edinburgh; his last public appearance pre-
vious to his departure for America. He commenced on Sa-
turday last with great success, with the character of Hawthorn
in Lave in a Village; but as King James in Crainond Brig,
he is said to have enchanted the audience with the fine style
in which be saw, 6$ The Flowers of the Forest," " Saw ye my
wee thing," a " John Anderson." •
We are informed that the London and Southampton
Railway will open its next strge, viz., fifteen miles further
than Woking-heath, its present terminus, next September.
wTehsitser wni. road,
ba,ring the railway close to Hartley-row, on the
thiriyigl;t miles from London, and within
seven miles of Basingstoke,

THE SUN, LONDON. SATURDAY, AUGUST 25. 1838.

DISTRESSES FOR CHURCH-RATES.
BUNGAY.

On the 26tli of July complaint was exhibited before Robert
Butcher, Esq , by Mr. Charles Childs, against Mr. Henry
Spall, under the Stat. 7 and 8 Geo. IV., c. 17, fur limiting
the costs of di:traints for rates.
Mr. Spall was employed by the constable of Bungay St.
Mary, to sell by auction sixteen parcels of goods distrained
from various persons, for Church. rates, on the 15th of Jun,
last, and he delivered to the constable an account of the sale, ill
which be deducted from the proceeds of each person's goods.
first, the auction duty, and then another sum, varying betrs cep
3s. and 75., for " valuing the goods, selling by auction,
drawing out advertisement by public bill, printing and distri
buting the same. inventory for excise," &c.
The Statute limits the charges to those set forth in a sche-
dule annexed, which allows—
For appraisement, 6d. in the pound.
All expenses of advertisement, if any such, los.
Sale, commission, catalogues, delivery, Is. in the pound.

Complain int alleged, first, that defendant having declared
at the sale, that he was ignorant whether the goods were
subject to auction duty, had sold them free of duty to the pur-
chasers, but was prohibited by the Statute from deducting the
amount from the proceeds.
2. That as the "advertisement" consisted of a hand-bill, in
which was advertised the sale of sixteen distresses, the defen-
dant was entitled by the Statut? (which declares that no
charge shall be made for any act allowed by the schedule,
unless such act shall have been done and performed, to deduct
for advertisement from the proceeds of each distress only one-
sixteenth part of the cost actually incurred for the whole.
And that defendant had in the present case retained a sum of
3s. lid. more than such amount.
In order to prove his case, complainant applied under the
Statute for a summons to compel the attendance of the person
who printed the auction bill, when the Magistrate observed
that he thought such evidence quite useless, as he was con-
vinced defendant was entitled to charge the full sum of 10s.
in each case.

Complainant—l wish to prove the facts of the case first,
and then I hope to be able to show the Magistrate by the
legitimate conatruction of the Act, and on higher authority than
my own, that defendant has exceeded the legal charges.
Mr. BuTcitEa—Allow me to say, Sir, that I too have got
an opinion, and from the highest authority in the kingdom ;
and I am satisfied Mr. Spell is correct in his charges.
The case was then adjourned, and came on for hearing
Aug. 16, E. P. Montague, Esq., being also present. The
nature of the case was stated to tat gentleman ; and the de-
fendant's valuation and account of sale being proved, Mr.
Ashby, printer, was called to prove the sum paid to him for
printing the bill. He objected, under the direction of de-
fendant, to answer the question, and complainant pressed for
an answer.

Mr. BUTCHER—I do not think the question need be pressed,
for I
am quite sure Spall is perfectly justified in what be has
charged.

---
Complainant—Sir, at my first application you expressed
this Same opinion. You are sitting to decide the case, and
you give your judgment before any. of the facts are proved to
you—before my first witness has answered a single question,
and of course before I have had an opportunity of showing how
the Statute bears upon the case. I feel bound to state that in
my experience of judicial proceedings, such a declaration is, to
use the mildest term, wholly unprecedented.
Mr. BUTCHER —lf you are not satisfied with my decision,
you know you ran carry the case elsewhere.
Evidence having been given of the actual cost of the ad-
vertisement, the Magistrates retired, and on their return Mr.
Montague stated that they thought the duty should have been
charged to the Churchwardens, and not deducted from the
proceeds.

Complainant—The statute forbids deduction from any per-
son of sums not allowed in the schedule.
Mr. MONTAGUE—Yes, I think the duty should not have
been charged.
After some desultory conversation between the Magistrates,
in which the other parties joined, Mr. Butcher again adjourned
the case.
Ave. 23.—. Mr. BUTCHER, sitting alone, decided that Spell's
cbarges were legal and reasonable, and dismissed the com-
plaint.
The complainant asked whether this were the joint opinion
of Mr. Montague and himself.
Mr. BUTCHER—One Magistrate is competent to decide, and
I have had no communication with Mr. Montague.

SOCIETY FOR PROMOTING PRAC-

TICAL DESIGN.

On Tuesday evening, a numerous and highly respectable
audience assembled in the Society's Rooms, Saville House,
Leicester-square, to hear Mr. Latilla's third Lecture on
the art of Fresco Painting.

Mr.- Latilla commenced by maintaining the practicability
of from notwithstanding all that had been declared to the
contrary. "It can be effected here with the same success as
in Italy or Germany. To imagine a thing impossible is not
the way to accomplish it; consequently, few have attempted
what has been so universally considered beyond reach. Though
historians, poets, and painters have concurred in pronouncing
the frescoes of the great masters the finest and most magni-
ficent in the world, yet it is a surprising fact, that the English
school have been consent to praise, without even an endeavour
to compete with their more enterprising neighbours. But it
is possible to go to the ends of the earth for what is close at
hand, hut which from its very commonness may be entirely
overlooked," Mr. Latina then related his experience in early
life of the effect of different colours upon a lime ground. The
lakes he found to turn purple, and gradually disappear ; while
ath:rs, principally animal and vegetable, after retaining their
colour for a short time, also vanished. The earths and mine-
rals remained in full perfection. He then described his late
experiments on the action of lime upon the various colours,
which completely demonstrated the superiority of the mate-
rials used by the ancients. In makinr, these experiments he
discovered another vehicle for mural painting, resembling
fresco in appearance, ahough not in substance, which is well
suited to the adornment of palaces and mansions, being lumi-
nous and brilliant, and capable of resisting water. .This mode,
which combines the adsantagas of oil and distemper, he has
termed ./.tillarirtn Fresco, and has used it for the pictorial de.
corations in which he has for some time been engaged, not
only as a means of dissipating the prejudices that exist against
mural painting, but also as a medium for the introduction of the
ancient fresco, which is far better calculated for pubic buildings
and works of magnitude.
The Lecturer then dwelt with much force on the import-
ance of blending with the study of art, those points of science
which chiefly relate to proportion, motion, equipoise, per-
spective, and composition. The latter he should defer until a
future lecture.
" Consider," said he, "the works of the
antique,, the frescoes of Pompeii and Herculaneum, the Vuti.
can, the dome of Parma, and the baths of Titus. Think you
ot
ohs theserciasrhaw
ortee
nrfiei
no
and the excellent disposition of the chiaro
e imageries, these exquisite outlines, these bold
f the
effects of clance or enchantment? they were
the natural results of concentrated knowledge, combined with
vigour of manhood, with delicacy of form, perfect
fine genius. Without this, you never would have seer., as in
the Apollo,
proportion, motion, and equipoise, united in a single figure."
The attention of the students was then especially directed
to the standards of geometrical proportion in the human figure
transmitted down to us by Vitruvius, which were illustrated by
ele tta to
infuse life, action, symmetry, or energy into their works.
appropriate diagrams, and in enforcing the importance of little
the
were
•e fundamental
uanirnabn
matters in works of art ; Mr. L. quoted the well known
aphorism of Michael Angelo, that "trifles make perfection, and
perfectioniseottreifiLti
It
to w
the as
fifteenth
from
century, absence
knowledge, demonstrating causes and effects, that painters and
sculptors, from h
such mechanical works with the creations of Phidias,
in whose frieze, once the glory of the Acropolis, but which now
adorns our national museum, the horses and their riders appear
to be in motion, the steeds heated with impetuosity, the men
Compare s
intelligent beings of the finest mould, the perfection of nature
and art united. In recommending the study of the human fio.ure
as the bases of artistica' acquirement, Mr. L. remarked, that
in those countries where the knowledge of man is advanced,
an other objects have been portrayed with fidelity and beauty.
The nation that produced the Apollo and the Venus also pro-
duced the horses and oxen of the Parthenic frieze.
After some further remarks of a similar nature, Mr. Latilla
concluded his highly interesting lecture, having been listened
to throughout with the most marked attention.