The Sun.
London, England, 1853-11-10 00:00:00

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--r,Qutt 0 n

SUN OFFICE, Six o'Clock.

TATTERSALL'S.

(THIS EVENING.)

DERBY.
6 to 1 agst Autocrat (taken and offered)
13 to 1 agst Dervish (14 to 1 taken)
22 to 1 agst Wild Huntsman (taken).
Nothing else done.

COWBRIDGE RACES.

(THIS DAY.)

(BY ELECTRIC TELEGRAPH.)

ARRIVALS.-St. Helier, Maurice Daley, Physician,
Diana, Stanley, The Dean, Harkaway, Gipsy Bess.
Expected—Ploughboy.

CREWE ACCEPTANCES.
ANNUAL STEEPLECHASE.
st lb
British Ye om an 10 12 Dearest Mae ...
9 8 Topsy
9 6 Labrynth
9 4 Quince
9 4

Melon
Daphne
Old Rake .
The Screw

ED LESTON STAKES.

st lb
9 2
9 0
8 12
8 10

st lb st 1V
Screw (30/),.: ll 0 Hooton
SlashingPainter(3o/) 10 6 Theodine (300
Royal Blue (601) .... 10 2

CITY OF LONDON COMMISSION.

(THIS DAY.)

The Commissioners resumed their inquiry this morn-
ing in the Chamber of the Judicial Committee of the
Privy Council.

Mr. Fisher, the solicitor to Messrs. Combe, Delafield,
and Co., attended to give such explanations as the Com-
missioners might require relative to the litigation now
pending between that firm and the city authorities. Mr.
Fisher, who was accompanied by Mr. Delafield, stated
the Messrs. Combe's brewery was situated in Castle-
street, Long-acre, and some short time before 1853, they
obtained a lease of the Duchy wharf in the precinct of
the Savoy. They used the wharf for the purpose of
landing malt which had been prepared at the granaries
of the firm in Yarmouth. Shortly after they came into
possession of this wharf, the fellowship porters of the
city claimed the right of landing and metering all the malt
that was landed there, but Messrs. Combe, Delafield,
and Co. resisted the claim, and the result was that two
suits in Chancery were commenced then to enforce the
right which the city claimed by prescription. These
Suits had progressed so far that the Court of Chancery
had directed issues to be tried, to determine the right,
but the Messrs. Combe, Delafield, and Co. wishing to
obtain access to the charters and other documents in
the archives of the city sanctioning the right which,
however, chiefly rested upon prescription, they filed a
bill of discovery against the city authorities, which had
been resisted throughout. First a Vice-Chancellor
made an order granting the discovery. This order was
carried before the Lord Chancellor, on appeal, who
Confirmed it, and now the city were appealing to the
Rouse of Lords against the decision of the Lord Chan-
cellor, to allow an inspection of the documents upon
Which they grounded their right. The right claimed
Was of a rather extensive character ; it was, in fact, no
less thin to be allowed to land and measure all
produce and merchandise landed on the banks
of the Thames from Stanes, to a place near to the
Sea in Kent. The Messrs. Combe, Delafield, and
Co. resisted the claim as usual on public grounds,
so as to protect themselves, and to show its injustice if
it were allowed. Mr. Delafield stated that they would
be put to an expense of paying 1,0001. a year for work
Which was wholly unnecessary for the purposes of their
business. They did not require their malt to be metered
while the charges of the fellowship porters were greatly
in excess of those of ordinary labourers. Mr. Fisher
concluded his evidence by stating that many parties
were compelled to submit to the injustice of this demand
owing to their inability to resist ; indeed, none but such
firms as Combe, Delafield, and Co. could cope with the
City without being swamped, for already the firm had
been compelled to expend 2,0001. in litigating the unjust
claims of the fellowship porters.

The commissioners afterwards received evidence from
other parties on similar points.

SPORTING NOTES.

LIVERPOOL AUTUMN MEETING.

Owners of horses are apparently yet little inclined to
abandon the pursuit of sport, and are indifferent to diffi-
culties, inclement weather, and an unfavourable season.
The meeting just celebraled at Liverpool shows that
they are neither inclined to rest themselves, or to allow
a brief "cessation of hostilities" to their now over-
worked and used-up animals. It is, however, seemingly
far different with the " betting brotherhood," who were
but scantily represented in the meagre gathering at
-Aintree.

In respect to the numerical strength of the fields and
the closeness of some of the encounters, the sport was not
inferior to that provided at the best of the July meet-
ings at Liverpool. The racing on Tuesday pre-
sented no incident of sufficient importance pr no-
velty to require especial comment ; it was somewhat
favourable to the "fielders," but it occasioned no active
speculation. Certain fortuitous circumstances gave
temporary importance to the sport which was decided
Yesterday. Oscar was scratched for the Steeplechase at
a quarter past two, just one hour before the time ap-
pointed for the decision of the race. His owner, in
striking him out, attempted to justify the proceeding
with the paltry and well-worn excuse of having been
bcea forestalled in the market. On the withdrawal of
Oscar Ringleader obtained a show of support, and
seemed likely to become first favourite ; but the "game"
about to be played with him was soon discovered, and
before the start ten to one was currently offered against
him. Indeed, " will anybody take any odds about
Ringleader ?" was frequently and uselessly shouted in
the Ring. Crabbs won the Steeplechase with the ut-
rilost ease, but the manner in which Daphne ran home
Will induce me to regard her with suspicion for the future.
The Aintree Plate, brought out seventeen competitors.
The incidents of the race were somewhat interesting.
At starting Annie Sutherland, with whom Sir J. Bos-
well declared to win, ran foul of something, was thrown
and her jockey much injured. Maria Bell made the
running to the turn into the straight, where Effie Deans
took it up, and after a good race in with Calot, passed
the post first by a head. On returning to the weighing-
room a scene of confusion ensued. The scales were sur-
rounded in an instant by noisy spectators, and it was
evident that something was expected. The rider of
tile Deans mounted the scales and sent the balance
down with a bump. The weigher had to use all his ex-
ertion to keep a clear space round the lad in order to
fairly test his weight, for one fellow was discovered with
a whip cunningly.-supporting the balance. Mr. Man-
ning then placed the 2 lbs. extra on the scale, which the
boy drew with ease • the case was then submitted
to the stewards, who declared Effie Deans to be
disqualified, and the race was given to Calot.
Little Cliffe was sorely troubled at thus losing
the prize. I was informed that after he had weighed
before the race his jacket was inconsiderately changed
for one thickly lined and braided. Still, it must be
remembered, that he drew the 21b. without his sur-
ciagle.
Immediately on the settlement of this matter, a rush
:was made to Liverpool, to catch the five o'clock express
train for London, but many persons arrived at the sta-
tion in time to see it glide from the platform and enter
the tunnel ! Had the races, however, commenced
a,if-an-hour earlier the annoyance and inconvenience
Which this circumstance occasioned would have been
avoided.
November 10. A FRESH MAN.

PRICE OF BREAD.—The prices of wheaten bread in
ditMetropolis are from lid, to 1 1 id. ; of household
tos 10d. to 100 Bd.
; some bakers are selling fromto
1- : and League Bread Company's, 9d. per 41b. loaf,
Weighed on delivery.
MANCHESTER, N ov. B.—There is nothing more evi-
dent on the face of the American advices than that the
;weather continued to be highly favourable for the pick-
11g of cotton, the effect of which was a further decline
Thie prices, both at New York and in the southern markets.
tendency was slightly modified by the accounts re-
ceived hence to the 1 Bth ult.; and the occurrence of what
7,afs 110 doubt an ordinary white frost, was magnified
1 " killing frost." Yesterday, in Liverpool, this
killing frost" was turned to a little account for about
n7ll hour, when it ceased to have any effect. To-day at
on crwn market, the German buyers, whose customers
the other side are lightly supplied, being afraid to do
T;;crg, are limiting their orders to immediate wants.
home buyers are taking extremely little. There is
iceonsiderable inquiry for India yarns, but not even
that for the medium
and better kind of 40-inch shirtings.
Say
-e understand that the employers of Manchester and
rd have determined on reducing wages in such de-
pe as to leave them five per cent. in weaving and ten
18rs?"- in spinning above the rates paid at the end of
mo • Carding is to remain untouched. The time for
rQßettiri' this measure is to be determined at the next
a, _rg- At Burnley, yesterday, it was announced to
tizt etinz of the unemployed that, as all the money
the , could be obtained would be required in fighting
sati:attle at Preston, and in the expenses of the organi-
i-dae_°: nn aid could be afforded to the turn-outs in other
" This announcement gave rise to a good deal of
seontent.
tI
keLIPI
wo r Nov. s.—The prevailing tone of our mar-
tarean entire want of confidence, and all kinds of
i
be goods change hands
, very
yn
slowly,
py;ices below the
the merchants
c°st °I Prod Uction.

LITERATURE.

History of the Laws of Mortmain. By W. F.
Finla,yson. C. Dolman.

It was desirable that a volume precisely of this
character should be published—and it was desirable,
moreover, that the compiler should be one qualified
to pronounce authoritatively upon the subject
therein taken into consideration, a subject espe-
cially requiring to that end on the part of the
writer a more than ordinary amount of sagacity,
impartiality, and general intelligence. Few indi-
viduals, we believe, were better fitted for the diffi-
cult and embarrassing task here indicated than the
author of the volume above particularised. Mr.
Finlayson had already, in 1851, participated in the
preparation of certain important resolutions sub-
mitted to the Mortmain Committee of the House of
Commons, and ultimately embodied by that Com-
mittee in the report laid by their chairman upon
the table of the lower branch of the Legisla-
ture, It may be readily conjectured, there-
fore, that he had entered not lightly or su-
perficially upon the labours of investigation.
The comprehensive work before us constitutes,
in fact, of this the fullest and clearest attestation.
It modestly enough purports to be little more than
a contribution towards the history and effects of
the Laws of Mortmain, being entitled simply an
"Essay" upon that delicate branch of legislation.
Nevertheless, the work is in itself so complete in
its range, and so elaborate, and yet lucid in the
arrangement of its materials, that it constitutes
what we anticipate will long be regarded as a re-
cognised and standard authority. Beginning his
laborious treatise with a rapid and yet sufficiently
detailed account of the ancient Laws of Mortmain,
Mr. Finlayson recounts successively the ten-
dency upon this subject of legislation at the
era of the Reformation, and subsequently that of
the legislation after the period of the Revolution.
The different features of the modern law against
testamentary dispositions for pious purposes are
there referred to, and their results carefully speci-
fied. Afterwards come the debates in Parliament
—debates which have been here minutely and suc-
cinctly analysed by Mr. Finlayson. A particular
record is then given of the proceedings of the Mort-
main
Committee of 1844, and later on those yet
more important proceedings of the committee of 1850,
which attracted to the subject for so long a time so
large an amount of popular observation. Several re-
markable cases are mentioned by the essayist between
pp. 98 au d 136; and thewhole of his ingenious and com-
prehensive treatise is crowned by reflections which
it were well for the cause of truth, and for the rights
of conscience, and for the honour of religion, if the
people of England took them into serious conside-
ration. The conclusion arrived at by Mr. Finlay-
son, it must be confessed, is somewhat start-
ling, being to the effect that the latest
act of legislation on the matter was, to all
intents and purposes, nothing more nor less
than " a retrogression of not less than twelve cen-
turies ;" in other words, " that it was a re-enact-
ment of an anti-Christian legislation repealed by
Constantine and reversed by Charlemagne." No
one, however, will regard opinions like these as in
any way exaggerated who bears the energetic and
impassioned language of Lord John Manners in re-
membrance—especially the eloquent appeal by
which he besought the House of Commons in 1846
to relax the law against pious and charitable be-
quests, an entreaty crowned by this eminently
rhetorical peroration :
" I call upon the house to repeal the law of Geo. 11.,
which is condemned by the authority of the most emi-
nent of our conveyancers at law, which has been de-
nounced by the fervid eloquence of a Palgrave, and the
legal authority of a Jarman and a Burge—a law which
has been proved by the fatal experience of a century to
be impotent for good, most apt and injurious
for evil. I do not desire to disturb the old laws
of mortmain requiescat in pace : I shall not dis-
turb their slumbers. But I entreat the house to
return to that wise and generous policy which
prevailed in our courts of legislature and judicature
when taacon, a Coke, and a Clarendon were the lumi-
naries of the one, and the Tudors and Stuarts presided
over the other; and to enact a law, sanctioned by the
authority of great modern lawyers, which is in accord-
ance with the best feelings of human nature, and which
is calculated to diffuse throughout the land those great
and manifold blessings, of which faith is the mother, re-
ligion the handmaid, and charity the fulfilment."
Generous sentiments, entirely according with
those advocated by Mr. Finlayson, in his well-sus-
tained and persuasive argument. It must perforce
be admitted by us, each and all indiscriminately,
that there is a notable significance in the fact, that •
the majority of the monastic institutions of Eng-
land were founded in an age " when land could
not be left by will," and when, consequently,
death-bed charity was in that article of property,
at least, altogether impracticable. A circum-
stance upon which our essayist insists na-
turally enough with marked and earnest
pertinacity. The merits of this singularly
interesting work upon the history and effects of the
Laws of Mortmain are completed by an appendix,
which we doubt not will be welcomed with very
general satisfaction. An appendix, comprising a
variety of recent cases, together with the Reports
of the School Committees (1844 and 1850), accom-
panied by digests of the evidence then adduced and
subsequently submitted by their chairmen respec-
tively to the consideration of the Imperial Legis-
lature.