The Sun.
London, England, 1854-05-20 00:00:00

MINING INTELLIGENCE.

( From the Mining Journal of this day.)
The Share Market has exhibited a firmer and an improved
appearance th.s week—one or two discoveries an 1 improve-
ments in mines, such as those reported at Cathedral, St. Day
United, Wheal Messer, West Alfred Consols, and Tremayne,
having brought several buyers into the field.
Following in the wake of mines recently relinquished, we
have this week to announce the abandonment of Carboua,
East Seton and Maud ; and West Wheal Treasury seems likely
to follow the examples of Wheals Chiverton, Speedwell, Nep-
tune, Trebarvan, Lemon, and numerous others—all of which,
we regret to say, wind up with considerable loss. The share-
holders being tired out, after having paid most unwarrantable
premiums for the shares, in the full assurance of dividends,
they find at the eleventh hour that the prosdects do not, war-
rant the payment of further calls. However, " 'Tis an ill
..ind that blows nobody good," as these sudden stoppings
will caus 3 machinery and labour to be more easily obtained
by the mines more worthy of attention in the various districts.
The general aspect of the Gold Mining Share Market has
been characterised by great flatuess, and scarcely any of these
stacks, even the most accredited, are now much inquired
after, while those in disrepute are not saleable at nominal
prices. Although it is the prevailing opinion that it is only
a question of time how soon several of the associations will
become defunct, yet no perzeptible rally can take place until
results come to hand from those companies in whom, at pre-
sent, the public have still some confidence. The British
Australian Gold Mining Company has been expunged from the
Official List of the Stock Exchange. Anglo-Californians,
which last week slightly rallied, have again receded; and the
only shares that appear to maintain any degree of firmness
are Aqua Frias and Colonial Gold. The accounts from Cali-
fornia state that gold milling is progressing there, and
nume-
rous statements arc daily arriving, showing that at present
th re is uo deficiency of gold in that state. By the
Marco Polo, accounts to a recent period have arrived from
Australia, and it will be seen that the excitement there is
still continuing. At Bendigo diggings there are, according
to the local journals, not less than three places of amusement
open, as well as ball-rooms, the price of admission to
which is one guinea for a gentleman and lady's ticket ;
doctors can to consulted in their tent ; and the
price of the gold is 31. 15s. pJr oz. A large stone of quartz,
impregnated with gold, and weighing 271b5., the property of
Captain Bell, the superintendent of the Anglo-Australian
Company, had been raised there, and deposited in the bank.
The vein from which it was taken was very large, aid great
esults were anticipated as soon as the company's machinery
could be brought into active operation. Mr. Selwyn, the
mineral surveyor, has handed in to the Assembly at Mel-
bourne his report on the mineralogical and auriferous de-
posits of Victoria, giving an elaborate account of the palmo-
zoic country and aurVerous drift. Honourable mention is
likewise made of Mr. Evan Hopkins's researches by the
colonial journals. It has been announced that large
quantities of gold had been discovered at Pine Towu,
about 14 miles from New Germany, in Natal ; while copper
is said to exist there in great abundance. The arrivals of bul-
!ion thin week have been—the Magdalena, from the West
Indies, 330,000/. ; the Marco Polo, with gold dust to the value
of 100,0,101; the Highbury, 16,469 ozs., of the value of
63,8801. The Australian steamer, with 78,000 ozs. of gold ;
and the South Sea, with 5,500 ozs., have sailed for their desti-
nation, and are daily expected The Colombo has taken out
to the East and the Mediterranean specie to the value of
122,631/.
The following vessels, with gold on board, are known to be
on their way from Australia to this country :
From Sailed. Ozs.
Australian (s. s) Mettourne ... Feb. 10 ... 78,907
Aherfoyle
Kangaroo
South Sea
The value of this 115,626 ozs, (at 4/, per oz ) is 462,504/.
The Royal Shepherdess is also bringing over five boxes of gold
from Adelaide,

STATE OF TRADE.

(Prom the Manchester Guardian of this day.)

SHARE MARKETS

Paid.!

:it.

(TIIIS DAY.)

BRITISH RAILWAYS.

RAILWAY/.

Closing Prices
yesterday.

23 - 24

kbordeen.... .........
teibg slottng. Bost
and Bast.k. Juliet ••

,a 41

•...- _
Belfast & Ballymena
Valuing. Wolvorh.
Stour Valley ......
Rirkenlid. Lancsh. d;
Cheshire Junct
Do. Chesh. & birk.,
£5O and £25 Cons.
Do., £2O
.11ytli. &Tyne original
£25 (issd. at £45,
Bristol and Exeter
IrJaledoidan ..........
Chester & Holyhead.
l'Jork and Bandon-.
,fork, Black, & Pass.
.
,Jrieti Junction
Dundee Perth &Aber
deco Junction

8 - 9

13 —l2 dill

:7il all

2 181
15 30

ft. 1100

io 112

!6" I an

15 all
;5 ;di
all

it. MO
it. WO

lO I 5

:01 I
;t 1100

L 5 17 1
8 7d

9.6 - 92
z-vit -55 i
14 - 15
9 11

bo. .....•
East ..•
[Do., G£lB E
Eastern Counties...

It. I too

'.stern Union, A

.2 12

h 4 11£
.6i 2
;t: 100
L 94 18.:

;0 I all

it. 100
it. 100
0 12
.0 1
.2. 2
;t. 100
i 0 425.
[0 34
15 all
l 5 all
3t. 100
t2e 1;>

15 17:1,

;t.
6 5.
;5 17.

Stock
IDo., B. Stock
Do., New A
Ist Laucashire

ii :-. ii

7 - 8

... - •• •
;Er - 16

12~ - 11~

5 - 60
53 - 55

Swansea done
this day.

551

Leasing Olosius Prices • Business
ghr. Paid. RAILWAYS. Compans. yesterday. this day.
50 all -iedford and London &
Bletchley.... N. West —•-•
St. 100 Buckghamsh. L.&N.W. 93 95 93
50 all ClydesdaleJc. Caledon 94 96
St. 100 E. Lincoln gr.
6 per cent. rlt.Nrthn. •..
25 all hlas. Barr. & Caldonian.
Neils. Direct •••
25 all Jo. New..... Do
25 all :Istr.& Dn. n /t. West',
100 all irtlpl. Dk. & New.
Railway & Berw.
50 all & Selby V. &NM,' 101 103
25 all Do. Shares. Do 5O —52
12,E all Do. / Shares. )o 25 —26
13 all Lon.&Greauw 3. Eastern 12 —l3 13
20 all Do.rreferenec )o 22i 234 22i
20 100 T4owestoft gr.
4 per cent. Norfolk —
20 WO Do. 6 per ct.
all 4aueh. Bxtn • h.& N. W
and Matlock & Midld. 24 2i
50 all Aiddlesbro' & itekton &
Re,lear Darliugt.
1M all didld.Bradfd Malawi.. 88 90 88i 9
50 all Northern au.:
Easterusp E. Count. 54 56
50 Do. 6 per ct. ..... ••• - -
50 all •)o. Fixecls p. •• ..•
25 all l'rest. & Wyr( 1.. &N•W.
&Ln&Yk
12i 12 Do. Shares. 'bo xd
St. 100 Roystn.& Hit. /t. North
St. 100 Do.Shepth•St D 0... •• ..•
25 18, ihef•Rotha.,,d Lancash&
Goole g. 5 p.c. Yorksh.
12 9; 4. Staffordsh. Vl.MClear n -24 d
50 all 'Year Valleygr Atoekt. &
6 per cent... Darlingt.
25 all 28i 29
St. 100 Arilts&Somrs, •4Westn. 90 92

FAlinburgb & Glasgo%
&nib. and Peebles...
&lin. PrLn &Duudeu
'orth & Clyde June.

goW & g. Weston,
:rest Northern Stk.
Do., A. Stock
Do., B. Stock.
Sth. &West.(lre.,
'.great Western

ii -- ii

88 -
73i

lriah South-Eastern
Lancaster & Carlisle
Do., Thirds
Do. New Thirds__

121
90
734

- 87
10 - 12 t,
10 - 12 1
60 - 80§
8 -- It ti

Laneash. and Yorksii
Do., Fifths
U 3., Wst. Riding Uu
Leeds Northeru

..• - ..•
L 2 - 124

.&Soutlipt.
London & Blauk wa,
fond. Tilb. &Stlioni.
ikud.Brignt &S.Cst.
Lon(l. and N. Weatu.

8i - 8

P
100
'Ai 97
I§d 1 tt
tt
77 7'l
12 11 .
tO ;

Do. Fifths . ......
Do. Eighths
London and S. Westu
Do., £5O
)o. £4O
~tulndrry& Col endue
& Euuisk.
.la.ueli.Shef.& Liuelii

194 i(33

00., Mau. & Liu. Uu
vlidland

58i -58 i
32 - 34

.)o. Birmno. & Derby
Aidhl. G. West. ( I ry
Do. Half Shares
Newcastle & Carlisle
Newmarket
Do., Bury Extension
wpt. A berg & Find
Newry & Enniskillen
Newry Warreupoint
and Rostrevor
Norfolk
Nortliu.Couuties Uu.
North British
North Devon, No. 1,
Do., No. 2
.0., 6 A Deferred
Do., B Guarautee,
North London

6 - 4.
2i - 2t

;t. 100
A i 6
[6 all
8 all
R

[0 f
Lo 1 Is

;0 17r;
!O all
.0 to
LO I

;t. I too

!O 21
it. 100
it. 100
it. 100
it. 100

10 110
!6t an

L',3; all
!0' !LB
!O

!O 15
5
.0 21

ft. I too

it. 100
;5 I 21

MANCIIESTER, May 19.—The only relief to the dulness of our
market experienced in the present week has arisen from the
overland advices, received by way of Trieste. In China the
trade was not worse than it bad been reported in the previous
accounts, while at Calcutta the arrival of comparatively few
,mports was operating somewhat favourably upon business.
It is the merchants connected with the latter market, princi-
pally, who have operated during the last few days, moderately iu
the lighter descriptions of cloth, and to a very limited extent
in yarns. A slight increase of firmness in the prices of these
articles is the co• sequence just so much as appears to check
their previous declining tendency. vk ith the exception of this
department, the market at large is rather duller than it was
last week; and, in general, buyers are able to get what they
want for the supply of their more pressing wants on fully as
low terms as they could have done last week. The diffe-
rence, however, is very small. Buyers are not to be tempted
to large transactions by the consideration of cheapness; as,
therefore, it would be of little o,• no use, in the way of selling,
to run down their own prices, this is not done by spinners and
manufacturers. The downward inclination is very gradual and
slow. The resumption of work in all the mills contributes to
that course in the market which we have just pointed out. And
buyers see nothing, in any quarter, to induce a departure
from that caution which so many important considerations
impose upon them. An extensive maker of domestics in-
forms us that he is working only four days a week all such
looms as cannot be tmp eyed upon orders in hand; and we
find that, without combination, many manufacturers are
producing less, for they can make nothing that will pay.
NOTTINGHAM, May 18.—The two staple trades of this town
and neighbourhood, viz. hosiery and lace, continue flat ; a
few manufacturers in each business have received their
usual orders from the United States, but the purchases for
that country up to this time are smaller than usual, owing
mainly to the value of money there, inasmuch as they can
make more of it by discount than they can by profit on this
country's produce. This state of affairs will not last long as
a matter of course, but during the transition we shall suffer.
The home trade is also much depressed, and very little busi-
ness is being done at t' tis time with either foreign or colonial
markets. The price of yarn is nominally the same as it has
been for some time past, but there is an advantage in favour
of large purchasers.

'Do. New £l.O
N .&S.Wstru., Hamie
stead, and City Ju
North Staffordshire
North Western
N. & S. Westru. June
Nuneaton, Hinckley
and Leicester
Oxford, Worcester, tsz
Wolverliautptuu •,
kiortsmoutli
Nuottish Central
Scottish MidlauJ
ihrewsbury & Bi tog
Do. L. & N. Weston!',
Guaranteed St
Nhruwsby. & Betetl
Nhrewsby. & Ckeste,
(N. W. Miu ;..
Do. Halves,
Do. Oswestry
Shropshire Untou
Do. A, B, C,&
paid up at per eeu:
South Devon
South Eastern
South Wales
Yrksh. & itiv. Dun

6 - 8
15 - 47
3i 61
304 31,

.)t) 54
§ d iP

60i I 6-6

23i I SI

-
1 - 74

27 - 29

85 87
51 53
51 - 53

itaines, Wok. &,Wok
-Aocktou & Darling
litoektou Hartlepi
fall Vale
Do. £lO shares.
Do. Pref., No. 1
flames Haven Doel4
and Railway
Vale of Neath
•Waterfd. & Kilkenn
•Vatcrford&Limerick
West Cornwall. .
West End of Loudon
and Crystal Palace
West London
Wimbletin &Croydol.'
York Ne wctl.&l3erw.
Do. Extensions
; "Jo. G, N. E. Pureliast
York 6z, N. Midland

!() 17
!Ct all
i 0 all
!0 16

.0 51s.
it. tuo
15 20
lair,
3t. 100

FORE:

51 - 53
3 - 24

13 -- 15
64 -- 74
10 -- lz
4 •-- 30

13 15
60i tOi
34 35
4 2a
1 5

30 - 32

... - .

• •• '.... • ,

3 -
17 18
4 - 5
20 22

••• '". •

-
5t -

17 61 St.
St
L2l 25

731 i

6O I 66:

83 I 57,
93a 6

6
10
20
78

58f f I 5

9 kutwerp&Potterdati,
telgiau Eastu. June.
leziers to Graissossa,
Bombay, Baroda, aut.
Central I udia,Serii
Jeutral of Italy
:harleroi di Erqueliu
: )einerara
./ijou and Besancon
hitch Rhenish
East Indian
Do Extension
It. Indian Peniusul,
Id. Janet. of Francs
'llrd. Trunk of Cauad
! Debentures
• )o. do
It. Central of Franc,
it. Western of Cana, h
Shares
!Th. Bonds (Ist is.)'s7
lamiltou & Toroutc
)o. 6 per cent.
bake Cuust. & Bash
inees & Pistoja 5 p.c

0 all
l7' all

!O 9
!O all
N.) 2
5 all
?.0 to
7%2

10 1 all

;01 all

D 5
6 all

.0 10
5 2
5 3
tO 5

0 12
n 13

An all

O I all

0 I all
.6 all

.0 I all

K) 1 all
LO all

',O 1 all

10

9 • all
9 12
5 2

I 10
llf 10
6,

65 66
9 BJ,dl
51
46 -- 47

:GN.

3i -3,
4 -

lla #

4 --

gi all
[0 all
:0 10
L 0 7

per cent,
60W
34.

;id In
• 1
• 3 d

-

.. '..- ...

. • -.7 • • •

----4 Pd
2 P
I d
P

prcf
Laxeinbourg
to. ( Bail way)
►o. Pref.
Do. (Canal)
)o. 6 p. et. pref.._
Lyons and Geneva
& Mediterran.
dadras
Maria Antonia
►o. du. New
-tlelbourne Dk. & Ry
Namur & L►ege (wit
interest)
Do. (ex interest) .
Northern of France
)o. 201. 3 p. c Bds
(fnty.B.&Ams.Shs.
NorwegiauTruukPre.
Paris and Lyons
ditto Bonds .
Paris and Orleans
Paris and Rouen
Paris and Strasbour
'ltrisCaen & Cherbrg
•Zuebee & Biennium,
Ponen and Havre
Loyal Danish
Royal Swedish
timbre and Meuse
Do. 54 p. cent. Prof.
ioutherr of France..
it. Andrew's and
Quebec (A)
West t' landers
Do 54 per c. Pref..
NeAern of France
Nest. of Switzerland
Wiesbaden
Zealand

65. 6
11
461 7

z in

d.
.6 - d

id i d
18i —19 i
pax 1p
7 —9 p

3i
I -
-
2 -

1d
1

id par

6 - 71

-32 i

8 —9 xnl
16i I 6 p

43 - 45
35 -37
30 - 304
- pui

3 - 2 il

8 - 8i

... - pm

93 7f.ie

'•• '''' •.•

• ''''' •• •

2i- 3i
- li,

- P
L 2 - IZi

23 - 24

,• ....
• • .

.1 .....
•••

3 - 3i

- ...xil
2 - 114

105 - 107
4 - 9i

. - -

74 8
.. id

6 GA
64 96
87' 89
88 90
Id pa
,28 132

••

..... ol•
,••

,s• ''''. •.•

at •
lo•

. '—' st.
, .

2i -

5i 64
id
gi
par

133 132
lf lid

93 - 95

.•
8 •
-. • 9

15i -16 i
94 -- 10
11 -- 13
id
22i -- 23
93 -- 100
15 -- 20

..• "--'' •

.•. -- •

2
1 d

87 - 92
3 -

ti -- i'l

MINES
1 all gua Fria
1 all knglo Austria. Gold
10s. all knglo Californian Ad P
10 2 ‘,ustralasian 1 - d
20 6 kustralian -
1 all kustralian Cordillera
1 all kustraliau Freehold 4 -
1 all .tve Maria -
1 all iaden (Gd. Duchy of) -it
50 all 31aenarvon Ir. &Coai 8 10
1 all iritish Austria. Gold •• •
20 13.: tritisli Iron
35 242.. 3razilian Imp.(issued
at £5 pm - 44
30 all Do. Coeaes & Cuiade 2 3 2} k
20 15 )o. St. John Del Re. 29 —3l
1 :arson's Creek 4 -
:, ilarenclou Con. Min
co. of Jamaica •••
10 all ;obre Copper 42 41
5 1 Joionial Gold l4 1
... 15 ,:opiapo
St. all .topper Min. of Eng 50 —6O
25 all Do. Pref. 74 p. cent. 2 -- 4 P
5 all English au& Austria
Copper Smeitg.Co. 14— 24
20 all :lencral
2 all • treat Nugget Vein...
2 all Registered
3 all ,;reat Polgooth
1 all !Aberty -
3 all Livarea
1 all Loud.&Californ.Gold
Quartz Crush. Co. •••
1 all klariquita -
10 14 ,lexicau&S.Amerieu. 54 --
1 all New Granada
1 all New Linares Mining
and Smelting Co ... •••
1 all Nouveau Monde
20 all l'outgibaud Save,
Lead Min. & Smelt 151 16%
5 1 Port Philip
1 all ;quartz Rock
50 alt thymney Iron
15 15 Do. New 8 —lO
30 Ith -uitiago de Cuba 3-- 4 34
all 'lath Australian •
10 7 fin Croft 2
284 all United Mexican ~.••• 24 04
1 all Waller d
1 all West Granada ..• ',
1 all West Mariposa 4
1 12a. Vorthing Mining of
Australia
1 all Yuba
JOINT-STOCK BANKS.
40 all \ustralasia 77 79 784
40 all British Colonial Baal;
and Loan Company •.• •••
50 all fritish N. Americw, •••
25 5 .:;hartd. Bank of Asia 1 id 44
20 2 Mad. Link. of India,
Australia, & China 14 lid
100 25 -;olonial — •••
100 20 ;ommercial of Lond ..•
20 12 English Scottish and
Australian 5 4 d 84
20 20 Loud. Chart. Bk. of
Australia l3/4 d 204
50 20 Loudon and County
50 1.0 London Joint Stock — ••. 25
100 20 Lond. & Westminster
100 35 National Provincial
of England • ..•
20 10 DD. New . . .
50 22. Nation& of Ireland.
20 all Now South Wales —
25 all )riental Bank of
Corporation. 46 48 47 8
25 5 Do. New • -- •••
100 25 Provincial of Ireland
10 all Do. New •••
5 1 ,toyal Auatraln.Bkg
& (old Imp Co ...
25 all 'loath Australia
25 all Union of Australia 7l 73
... 2 Do. New 7 8
50 1(1 lTninn of London

3 - 4

3i I

30k xd

3 - 4 p 1
-4/

ie I 15

'''''''
•••

MISCELLANEOUS
5 all Lubin Coal and hot.
25 17t tustralian Agricult. 45 46 AA'
20 L 4 tustra,lsn.Pcitic.Mai:
10 8 wstralu. Royal Mai;
10 4 .3erlin Water Works
50 40 irit. American Land 65 76
5 l lrit. & Coln. Smeltg.
and Reduction Co
100 326 2jallada 75 86
5 5 rystal Palace 6l} 71 7
5 4 Do. New...•... ......
4 2 %rystal Pal.of France
20 3 Eastern Steam ••• •••
25 20 ElectritTelegraph(A) 17 18
25 all Do. (B)
1 1 Electric Teleg. of Ir
15 14 ieu. Steam Navigat.
20 18 ?reneral Screw Steam
20 7i Irish Beetroot Sugar
20 10 Magdalena Navig.
1 all Nat. Pat. Steam Fuel
10 3 Netherlands Land....
2 1 N. S. W. Coal & Inter.
Steam Navigat. Co.
1 all N. B. Australasian.— —ll 1
1 Do. New ...............
20 10 irth.ofEuropeSteam
5 all Peel Rr. Ld. & Minrl d
50 all Peninsular& Oriental ;,„ 7
50 35 Do. Do. 381
2 all Portland Iron Co 1 31)
100 0-.30 .i.oyal Mail Steam
1 all Scot. Austral. Invest — 24 2; a
25 2.5 south Austral.Lan -: :36 38 37
1 all iubmar. Telegraph B V
1 all io. Registered
100: Zt• Van Diornon land lli ••• 12i

THE SUN, LONDON, SATURDAY EVENING, MAY O, 1854.

HOUSE OF LORDS-(YESTERDAY.)

Their lordships assembled at five o'clock.
Petitions were presented by the Earl of SEIA.FTESIMIRY
for the closing of public-houses on Sunday, from the
Society for the Suppression of Vice at Rochester, and
from several patties at Derby ; also, petitions from dif-
ferent places in Yorkshire against Papal aggression.
The Duke of BUCCLEUCII presented a petition
from the corporation of Dumfries, against the Scotch
Bankruptcy and Insolvency Bill.
Lord CAMPBELL presented similar petitions from
Dumbarton, Dundee, and Castle-Douglas.

Lord REDESDALE laid on the table the Manning
the Navy Bill and the Navy Pay Bill, both of which
were read a first time.
The following bills were read a third time and passed:
—National Assurance and Investment Association ;
Great Indian Peninsular Railway Company ; Belfast
Harbour ; Guild of Literature and Art.

SPECIE —The shipments of specie by the Peninsular
and Oriental steamer Colombo amount to 122,6001., of
which 18,3001. is gold for Malta, Alexandria, and Sin-
gapore, and 104,3001. silver for lenang, Singapore,
ong-kong, and Canton.

IMPERIAL PARLIAMENT By that it appeared that the judges might might make
such regulations "touching the practice and otherwise
in carrying the act into execution before such cotitti; ors
they might think St." If this clause meant what It
said—(hear)--it was perfectly possible for the judges at
Westminster to get ri l of the act, and shift the burden
of applying it to any court—that of Quarter Sessions, or
of Pied Poudre, if they chose. This seemed such an
extraordinary provision that he feared he had misunder-
stood the clause. In conclusion, he repeated that he had
always been, and hoped he should ever remain, willing
,0 perform those duties which belonged to his office as a
udge, but

"Non meus hie sermo, sed
Qua; prwcepit opellus."
The LORD CHANCELLOR said that their lord-
ships should bear in mind that in legislating on this
subject they had a most difficult duty to perform. The
public had at various times complained extremely of a
want of consideration on the part of railway companies
in regulating their traffic so as to meet the convenience
of the public. For instance, trains arrived at a certain
place by one company's line just half an hour after other
trains, by another company's line, had quitted that
place, and thus it often happened that nine-tenths of the
passengers were kept waiting for some three hours for
:mother train to carrying them on. Everybody had felt
this difficulty. So it was said that some persons were
allowed undue advantages, with a reg •rd to the carriage
of goods in certain lines of railways, and this ought to
be dealt with. He was free to confess that when this
subject was first suggested to him, he thought that a
board of controul would have been the most effectual
means of meeting the difficulty, but on further conside-
ration that course appeared impracticable. The scheme
followed out by this measure was the only other mode
of dealing with the question. It consisted, in effect,
of two clauses, the remaining sections being purely
sub-
sidiary. The first clause declared that railway compa-
nies should afford due facilities with respect to traffic.
To this it was asked what were "due facilities." It was
objected that the bill only affirmed moral obligations.
Now it might be very difficult, without any case put,
to say what were due facilities ; but on a question com-
ing before a court, it would not, he thought, be so im-
possible as his noble friend (Lord Campbell) reasoned,
to say what were not so. Other branches of the law rested
on this foundation, and had worked well. Innkeepers
were bound to possess due facilities for the reception of
guests ; common carriers to provide due facilities for
the carriage of goods. Tnis had not been found too
indefinite a state of things for these branches of the
law ; why should it not work equally well with respect to
railways ? With regard to the mode of bringing the
subject before a court by motion upon affidavit, as the
bill at first stood, it was proposed that upon an infrac-
tion of the statute an action should be tried. The rail-
way companies, however, suggested that this would be
putting all parties to an unnecessary expense ; for they
were willing to forego a trial, and leave the question to
the judges only. The noble and learned lord (Campbell)
had certainly put a somewhat forced construction upon
the fourth clause when he said it would enable the com-
mon law courts to get rid of the act altogether. The
clause merely proposed to enact that the courts of law
might, as they though tit, make any orders and regula-
tions which would assist in carrying the act into execu-
tion before such courts—that was to say, before those
courts of law themselves. (Hear.) It the noble lord
thought that the clause was ill-expressed, it was easy to
remedy that defect in committee.
The Earl of DERBY said he rose for the purpose of
calling the attention of the Government to a point of
great importance which was not touched in the bill ; he
referred to the claim which had been set up by a con-
siderable portion of the ialway companies, and admitted,
he believed, by courts of law, to exemption from any
responsibility for injury done to passengers or goods,
notwithstanding proved negligence on the part of the
company, through simply placing at the back of the
ticket a declaration that they would not hold themselves
liable for any damages. (Hear, hear.) A case was tried
not long ago in which a number of cattle got out of the
train. It was proved that the truck in which they were
was of extremely faulty construction, and that tuere was
great negligence in the manner of securing them ; but
the defence set up was that the person who brought
the cattle to the train received a ticket, on the back
of which it was stated that the company would
not 11,1 d themselves liable, and it was decided that,
iiotwi, hstanding the inadequacy of the arrange-
ments, there was no remedy. It had been said that
the remedy would be for the party to refuse to sign or
accept the ticket, and, in case the company should ne-
glect to afford the requisite accommodation to bring
an action against it for refusing to fulfil the duties of
common carriers. This was no practical remedy. In
the first place, there was all the expense and trouble to
which individuals were put in proceeding against a
wealthy company, and this, too, without the certainty
of success, because the responsibility of railway com-
panies as common carriers was by no means a settled
point of law ; and in the next place, even if the party
recovered a certain amount of damages, that would be
no satisfaction to him for his cattle or goods having been
prevented from arriving at a particular place by a par-
ticular tiine. In the case which he had mentioned the
cattle were fat cattle velich were required to be at
Smithfield on Monday. It must not be forgotten that
parties had no choice in this matter. Railway com-
panies were the great monopolisers of the carrying trade
of the country. To say that a person might object to
sign the ticket, when if he did so the company might
refuse to carry his cattle or goods, was really to refuse
any practical remedy. He must say he could not un-
derstand on what principle it was that railway com-
panies, having such entire control over the traffic of the
country, were to exempt themselves from the responsi-
bility which ought to attach to them as common carriers
by putting at the back of a ticket a declaration that they
would not hold themselves liable on account of any in-
jury. The bill before their lord: hips purported to define
the duties and responsibiities of railway companies ;
and he thought the point to which he had directed their
lordships' attention ought not to be forgotten in dealing
with its provisions.
Lord LYNDHURST said by the common law of this
country a common carrier was bound to accept any goods
that were offered to him ; and if, in consequence of his
negligence, the owner of the goods suffered, he was
bound to make reparation.
Earl GREY said the case referred to by the noble
earl (the Earl of Derby) occurred in the county of
Northumberland, and such was the effect of the language
used on the back of the ticket, that if the servants of the
company had wilfully cut the throats of the cattle, the
company would have claimed to be exempt. (Hear,
hear.) If he were not misinformed, an effort had been
made to carry exemption beyond the case of cattle or
goods. A most useful measure was passed some years
ago at the instance of his noble and learned friend be-
hind him (Lord Campbell) by which railway companies
were made liable for injury to passengers in their lives
or One railway company had actually issued
tickets with a notice on the back of them, to the effect
that parties were not to have the remedy provided by
act of Parliament. He believed the courts of law thought
,liat a little too strong.
Lord CAMPBELL—Waste-paper.
Earl GREY continued—He admitted that the liabili-

REPORTED LOSS OF THE TIGER.
The Earl of IVIALMESBURY said, he wished to ask
the noble duke (Newcastle) a question relative to a re-
port which had caused great anxiety. inasmuch as it had
prevailed for some tints without contradiction. The re-
port to which he alluded was that her Majesty's steam
frigate the Tiger had been lost on the coat of the Black
and that the crew had become prisoners to the
Russians. He wished to know whether the noble duke
had any reason to believe that that report was true, and
whether he had received any account of the alleged
transaction S He also wished to know whether an ac-
count he had read in the Moniteur were correct, according
to which it appeared that the French admiral reported
to his Government that, a certain number of Russian
prisoners having been taken from aboard merchantmen
at Odessa, it was proposed to the Russian commander of
that place to exchange those prisoners for English and
French persons detained at Odessa, but that no answer
was returned by the Russian commander, and the result
was that the English admiral thought fit to give up the
prisoners and set them free. Now, as in the course of
the war it could not be expected that the allied forces
should always be successful and not suffer some
little misfortunes, such as losing by accident some
ships or men, the latter becoming prisoners to
the Russians, it was evident that, if the English com-
manders did not retain a certain number of men, at all
events, as prisoners of war, they would have none to
exchange against English prisoners. He concluded that
the report to which he referred must be incorrect, and
he was sure their lordships would not misunderstand him
by supposing that he threw any blame on any recom-
mendation which the Government might have given to
its officers to carry on the war in the most humane
manner possible. At the same time, it was clear that, to
which he referred might be pushing the principles of
Christianity and civilisation too far, and be eventually
the means, indeed, of prolonging the contest.
The Duke of NEWCASTLE said that, with regard to
the supposed loss of the Tiger, it was not in his power
entirely to relieve their lordships from anxiety, but at
the same time he was unable to confirm the report re-
ferred to in any way ; and, so far as any opinion could
at present be formed, he was inclined to hope that the
report was not true. (Hear, hear.) The only informa-
tion received by the Government, or anybody else, so
far as he was able to ascertain on the subject, was
through a telegraphic message received yesterday by
a mercantile house in the city, conveying the rumour
which appeared in the newspapers. One reason,
among others, for his hoping that the report was
not correct, was that the steamer reported to be lost
was represented to be a screw-steamer, whereas the
Tiger was a paddlewheel steamer. This inaccuracy was
calculated to create a hope that the story of of the loss
of the Tiger might turn out to be something like the pre-
viously rumoured loss of the Amphion. (Hear.) At
the same time the Government was not able to give a
positive denial to the report. With regard to the second
question put by the noble earl, respecting the prisoners
taken by our fleet, he had not seen the statement in the
Moniteur to which the noble earl referred ; but if the
noble earl had quoted it correctly, the Moniteur had cer-
tainly not given, on the present occasion, that accurate
report which it was in the habit of giving in reference to
ail matters connected with the conduct of the war. It
was true that the British ships had taken some 40 or 50
prisoners, consisting of persons not connected with ships
of war, and Admiral Dundas, knowing that there were
English sailors of the same class, belonging to merchant
vessels in the harbour of Odessa, detained prisoners by
the Russians, wrote to General Osten-Sacken to pro-
pose an exchange of prisoners. General Osten-Sackers,
so far from making no rep!y, returned very courteously
an answer by letters upon the same day to Admiral Dun-
dee, stating that he had no instructions in reference to
the exchange of prisoners, but that he would immediately
apply for instructions to General Paskewitsch. He (the
Duke of Newcastle) had no reason to suppose that Ad-
miral Dundas had given up prisoners without exchange;
and with reference to prisoners who might hereafter be
taken, instructions how to dispose of them had been sent
to Admiral Dundas.
The Earl of ELLENBOROUGH said, that however
nervous they might be at home with respect to events
occurring from day to day in the course of what might
be a long war, he trusted that they would not carry
their nervousness into that house. (Hear, hear.) In
regard to the question which the noble earl had thought
it necessary to put respecting the loss of a single ship,
he would observe that they must expect in the course o
the war some accidents to occur ; but if all that hid
been stated respecting the steamer in question were true
(and certainly everything they knew of Russian docu-
ments was not calculated to impress them with the con-
viction all at once that those documents conveyed the
truth), he was, nevertheless, satisfied that the whole
truth was not known ; and if it were correct that two
other steamers came up and fired their guns, it was his
impression that those two steamers were engaged in
bringing off the steamer aground. (Hear.)
The Earl of MAL M ESBURY said that this was the
second time the noble lord had lectured him in that
honse for the course he had felt it incumbent on him-
self to take in discharge of his duty. It the lesson
which the noble lord had read him had proceeded
from any member of their lordship's house, distin-
guished both by his judgment and modesty, he should
not have made one observation in reply to it, be-
cause the example would have added weight to the
advice given ; but when lie considered that the noble
earl had not only made the present war, but
all other wars, the continual subject of his eloquent
harangues that the noble earl took upon himself
not only the duties of an illustrious general, but
also of a great admiral that he never lost an opportunity
for advising the noble duke opposite, who was principally
responsible for the conduct of the present war, as to what
should be done— when he considered, moreover, that the
noble earl had not confined his comments to events past
by, respecting which the Government consequentlj
might have no objection to give explanations, but, on
the contrary, had more than once, by his comments and
questions, extracted from the reluctant Ministers replies
dangerous to the public service—he really thought that
the noble earl was not the man, notwithstanding his
high reputation for ability and his great experience in
war—(a laugh)—to venture to give a lesson to another
peer who merely asked for information in order to assuage
the anxiety of the public and of the relatives of those per-
sons who happened to be on board of the vessel reported
to he lost, particularly as the noble duke opposite might
have had in his possession intelligence calculated to dis-
pel the alarm which had been created. (Hear, hear.)
He thought he should not be accused by their lordships
generally of any indiscretion or bad taste in having asked
the noble duke opposite a que.stion on so interesting a
subject.
The Earl of ELLENBOROUGH said, that if he had
given a lesson to the noble earl it was a very short one ;
and, notwithstanding the lesson lie had received from the
noble earl, of much greater length, he should continue
to do, what he had always done in that house, especially
since the commencement of the present session—namely
endeavour in every way, according to his judgment, to
strengthen our position in carrying on the war.
RAILWAY AND CANAL TRAFFIC REGULA-
TION BILL.
Lord STANLEY of A LD E RLEY reminded the house
that this measure was founded on a comprehensive report
which had been made by a committee of the House of
Commons. The recommendations of the committee were
in the first place limited to tine carrying on of the busi-
ness of railway legislation before the House of Commons,
and to the adoption of some means of preventing rail-
way schemes being abandoned. This latter object had
been effected by requiring the deposit of a sum of money
to be forfeited in the event of the non-completion of the
works. The next proposal of the committee was that
upon which tlse bill before the house had been framed.
It was in affect that means should be taken to compel
railwa:-/ and canal companies to afford proper facilities
for traffic.
Lord CAMPBELL was quite ready to approve of the
object of this bill, which was an excellent one, but of
the machinery for carrying that object into effect he
could by no means speak so satisfactorily. Indeed the
bill felt very far short of what might be expected when
the end in view was considered—(hear, hear)—but even
in endeavouring to carry out its own object, it was most
ineffective. (Hear, hear.) It really sought to turn the
judges of the courts into railway directors. He and his
brother judges were most willing to perform the duties
cast upon them by the law of the land, but the duties
now sought to be cast upon them had nothing whatever
to do with the law. There was nothing laid down le
the bill for the judges to enforce. The whole of the
law for the courts to apply to railways was com-
prised in the second section. What did this sec-
tion say ? It really enacted no more than this ; that
railway companies ought to act honestly— (r--rear,
hear, and a laugh)—and the other sections bound
the common law judges to say whether they did so oro
not. But there was no statue law, no common law,
previous decision to help them to decide. A perusal-
the second section of the act would convince their
lord-
shipsthat
ye
railwaywa s not
companyexaggerating.
and
canalTl l The
companyclase e naschtaeldi
afford all reasonable facilities for the receiving and 2
for-
warding traffic." Was not this their duty_ alreadyn
how were these duties, undefined as they were,
partialityAga there
;,,
clearlyw as to
there
erne on:lg' "unreasonable rtenasboen antes preference eAtcgoeaibonie:
enforced ? By motion upon affidavit-Affidavits
that wouldtrains
be made that fares were improperly adjusted,u
did not go often enough, or that the times of r i
matters.nitihnagt
might
lat ht
court
sr
indeed,
of e
a inconvenient,w
suggested
would
bet
able
tahn adt t
competent
ot r
ni
oldwaseg teethen e expectedthesen ineengineers
sr
ieopno.r t toR etphoer
tcso
couldur t but
be tmh aatd onlye
0 o
nnheightenede the o
side,
counter-re-
air ct
ernfu
-rs-.
tpoo rdtescoi
dne tiretahtetre,r
sand
ftaheuts. the our uwr court wouldentirely
lbye
againstdriven
the principle. Theretofore matters of law, and of law
only, were to be decided by the judges. The only clause
in the bill, which gave him any relief at all was the 4th,

ties of railway companies should be limited. Tney
should not be liable, for example, for damage done to a
race-horse word]. 2,000 guineas or for valuable jewels,
unless notice were given, and such prop, rty was insured.
Lord LYNDHURST said common carriers were re-
sponsible for jewels, if they had notice and were paid
acs rdin fly.
Earl GREY hoped the bill would be allowed to pass,
as it would tend to establish a right principle ; but lie
regretted that it did not come before their lordships in
the shape in which it was introduced in the other house.
As regarded the favour sometimes showed by railway
I)ffiCialS to some parties to the prejudice of others, lie
was told that by the law of France any person who con.
ceiveil that he had been inj teed in that manner might
lay his ca-e before the Moiester of the Interior, who, if
he considered the case sufficient, took upon himself the
burden of prosecuting the parties in a court of law.
Tiiere was nothing of this kin I in the bill.
The LORD CHANCELLOR sai I under the bill the
Attorney-General could prosecute by the direction of the
Board of Trade.
Earl GREY said he greatly regretted that their lord-
ships did not take the course which he suggested at the
commencement of the session. It seemed to him that
they ought to have inquired what facilities railway com-
panies should afford. Having made up their mind on
that subject, they should have framed clauses carrying
out their views ; and they should have made it a general
standing order of the house that no additional powers
should be granted to any company unless those clauses
were introduced in the bill by which those powers were
souht. Nothing could be more reasona,ble than that
as g guardians of the public interest they should impose
such a condition.
Lord LYNDHURST wished to know whether his
noble friend opposite (Lord Stanley of Alderley) would
consent to introduce a clause in committee putting the
liabilities of railway companies, as regarded cattle, on a
level with those of common carriers.
Lord STANLEY of AL DERLEY said, with regard to
the suggestion with which the noble earl (Grey) concluded,
he did not think the other house of Parliament would
approve of that mode of giving the go by to its legisla-
tion by means of a standing order. (Hear, hear.) The
noble earl must himself be convinced, on reflection, that
the thing was not practicable. As regarded postal com-
InunicAtions, he wished to state that a committee of the
other house of Parliament had reported that it was
expedient to deal with that subject in a separate bill.
As to the question of the noble lord (Lyndhurst) he
saw no reason why railway companies and common
carriers should not be put on the same footing. He
hoped there would be no opposition to the second
reading of the bill. However little it might effect in
the opinion of some, it laid down the great prin-
ciple that there were duties and obligations rest-
ing on railways which must be discharged ; while the
machinery which the Government proposed had the con-
currence of the railway companies.
Lord LYNDHURST said the noble lord had not
stated distinctly what course he intended to pursue in
committee with regard to the amendments which he had
suggested.
Lord STANLEY of ALDERLEY said he saw no
objection to it himself, but he must consult others.
The Marquis of CLANRICARDE said though he
considered the bill quite inadequate, yet he was so
hungry for legislation that he should gladly accept it
If their lordships meant to grapple with the question,
they must begin at the beginning and amend the whole
mode of proceeding with regard to railway bills. (Bear,
hear.)
Lord BROUGHAM agreed with the noble earl (Grey)
that the true remedy for the mischief was an alteration
in the course of legislative proceedings. He thought
that this particular measure did not go far enough, ant
that to o. certain extent it did not even go in the right
; direction. It was to be left to a judge to decide whether
a ra4way company had girea reamo_nable 494itin.