The Sun.
London, England, 1849-10-13 00:00:00

THE SUN, LONDON, SATURDAY EVENING, OCTOBER 13, 1849,

Mr. Smith rose and said—My friend has now ar-
rived at a certain stage, but has not gone far enough
to proceed further with his case. I find on reference
to 51 George 111., c. 155,an Act of Parliament passed
for the relief of Dissenters, and known by the name of
the Toleration Act, that it is provided.
"That no congregation or assembly for religious
worship of Protestants (at which there shall be present
more than twenty persons besides the immediate family
and servants of the person in whose house or upon whose
promises such meeting, congregation, or assembly shall
be had) shall be permitted or allowed, unless and until
the place of such meeting, if the same shall not have
been duly certified and registered under any former Act
or Acts of Parliament relating to registering places of
religious worship, shall have been or shall be certified to
the bishop of the diocese or to the archbishop of the
archdeaconry, or to the justices of the peace at the
general or quarter sessions of the peace for the county,
riding, division, city, town, or place in which such meet-
ing shall be held."
Now this chapel, it appears, has been registered in
the court of the Archbishop of York ; and that brings
my friend within the first portion of the Act of Par-
liament. And if the Act stopped there, there would
no doubt be a good registration. But the section
goes on to say,
And all places of meeting which shall be so certified
to the bishop or archdeacon's court shall be returned by
such court once in each year to the quarter-sessions of
the county, riding, division, city, town, or place, and all
places of meeting which shall be so certified to the
quarter sessions of the peace shall be also returned once
in each year to the bishop or archdeacon ; and all
such places shall be registered in the said bishop's or
archdeacon's court respectively, and recorded at the
said general or quarter sessions ; the registrar or
clerk of the peace whereof respectively is hereby re-
quired to register and record the same ; and the
bishop, or registrar, or clerk of the peace to whom any
such place of meeting shall be certified under this Act
shall give a certificate thereof to such person or persons as
shall request or demand the same, for which there shall
be no greater fee nor reward taken than 2s. 6d., and
every person who shall knowingly permit or suffer any
such congregation or assembly as aforesaid to meet in
any place occupied by him, until the same shall have
been so certified as aforesaid, shall forfeit for every time
such congregation or assembly shall meet contrary to the
provisions of the Act, a sum not exceeding 201. nor less
than 205., at the discretion of the justices who shall con-
vict for such offence."
So that (continued Mr. Smith) it lies upon the Dis-
senters to see, once in each year, that the registration
of their chapels is properly returned from one court
to the other—either from the court of the bishop of
the diocese to the court of quarter sessions, or from
the court of quarter sessions to that of the hikhop of

" She's a hypocrite; she's only shamming to
collect a mob round the house." I told him not to
talk in that manner, as iI felt satisfied his wife was
dying, upon which the prisoner violently exclaimed
" What the h—l has that to do with you ; what do
you want here ?" and starting up, and pulling off his
coat, ordered me out of the room, or he would at
once show me the way out. I told him to sit down
and keep quiet, or he might get himself into worse
trouble than he already was in, and he took my advice
for a short time, when two other constables entered,
and one of them having been dispatched for a
cab, his wife was lifted into it, and conveyed to the
hospital. I, in the meantime, took the prisoner into
custody to the station, on the road to which he ac-
knowledged that he had kicked his wife, and said that
he had core home very much intoxicated, upon which
his wife made some remarks he did not like, and a
quarrel ensued between them, followed by the vio-
lence *.deposed to. The prisoner, however, was per-
fectly sober when I first saw him, and I put no
question to induce him to say what he did.
Some other facts of a similar nature were deposed
to by the wife of a neighbour, named Marling, who
found the deceased lying upon the floor in excruciating
agony; and Mr. Charles Harper, house-surgeon to
the London Hospital, stated that the woman was
brought to that institution at half-past two in the
morning, suffering from acute pain in the region of
the abdomen. Witness examined her, but could find
no external marks or contusions of any kind, and she
seemed going on very well till the next night, when
he was called to see her at three o'clock in the
morning, and found her dying. She survived till
three o'clock the next afternoon, when she
expired, and on a post mortem examination of the
body, he discovered extensive inflammation of the
membrane covering the smaller intestines, which had
no doubt produced death ; but he could not positively
state the cause of the inflammation itself, which
might have been induced by either natural or mecha-
-1 nical means, such as a violent kick on that part of the
person ; but this injury, if it were so, could not have
been long inflicted, as the inflammation was evidently
of recent origin, and all the rest of the organs were
perfectly healthy.
When called upon for his defence, the prisoner said
that he had only this to state—that be owned he
did kick her as described, but the deceased was
al vrays in a very ailing state, and was frequently in
the night obliged to get up and spit blood, or she
would have been choked by it. He displayed a care-
lessness almost amounting to indifference throughout,
and
Mr. ARNOLD having directed the depositions of the
witnesses to be taken by Mr. Vine, the chief clerk,
fully committed the prisoner to Newgate for trial
upon the charge of murder.

the diocesa. If that be not done, the place is no longer
a legalised place of worship. Divine worship may be
performed in it ; but if it is not legally registered, the
parties have no locus standi in court. My friend
must prove that there has been a certificate from the
court of the archbishop to the court of quarter sessions;
and if he do not do that, he cannot proceed any further.
Mr. Marratt —I have shown all that is required,
and all that we can show. We have no authority,
jurisdiction, or power over those courts.
Mr. Fisher—lltve you no pa-ver to register at
the quarter sessions?
Mr.. Marratt— Yes ; but we should be exactly
l7i would make
r
s
in the same position us we are
ntow. It l
no diffvrence at all. It seems
have the opportunity of registering their chapels in
two or three different places, and then it is provided
that these several courts shall send an account of the
chapels registered in them from one court to the
other ; so that if a chapel be registered at the quar-
ter sessions, it must be certified from thence to the
court of the bishop of the diocese ; and vice versa.
But under these circumstances I contend that we have
done all that we have to do, and all that we can do.
We are not the clerks of these courts, and have not
the means of compelling them to send the certificates
from one court to another.

DISTURBING A CONGREGATION.
(From the Doncaster Gazette).
EIIILIP3 V. KING AND OTHERS.—IMPORTANT CASE.
Mr. Marratt was for the complainant; Mr. Smith
fur the defendants. The case, which is one of im-
portance in regard to the registration of Dissenting
chapels, had been adjourned on two former occasions,
the parties not being ready for trial. After some
preliminary conversation, it was now agreed that Mr.
Marratt should open the case, and then rely upon the
decision of the bench, if a point were raised as to the
legal registration of the chapel in question.
Mr. Marratt said—l have the honour to attend
here on behalf of the members of the congregation of
Protestant Dissenters worshipping in the chapel in
Spring gardens, in this town, who have preferred an
in'ormation against John King, of Rotherham,
printer ; Mark, Glossop, of Doncaster, shoemaker;
and Margaret King, of Doncaster, widow—the charge
against those parties being that they disturbed the
congregation during the time of divine service. The
case has already been brought before the bench, and
adjourned until we could complete certain searches
with respect to the proper registration of the chapel
in questi )n. I had, when it was first brought
forward, searched in the office of the Clerk of the
Peace for the West Riding at Wakefield, but was
prevented making a search in the office of the
Clerk of the Peace of Doncaster by the death of the
late Mr. Brooke. Since that adjournment I have
searched in that office, and also in the court of the
Bishop of the diocese of York. And I find that the
requirement of the Act of Parliament has been ful-
filled, which says that Dissenting places of worship
shall be so registered. I believe by the same Act of
Parliament something is required to be done by the
courts of the Bishop and of the quarter-sessions, over
which we have no control. But, however, that may
be, I shall show that this chapel was registered in
May, 1822, and I shall put in evidence to that effect.
The information now before the bench refers to two
distinct offences, one being committed on the 12th of
August and the other on the 21 of September last;
and if I should establish either of these cases I have
little doubt as to the decision of the bench on
a subject of so grave a character. I shall not,
however, dwell on the seriousness of the case,
because there are some matters which will
suggest themselves to the bench without any
observations of mine. As I said before, the offences
were committed on the 12th of August, and the
2,1 of September, but the principal one was that com-
mitted on the latter day. On that day, which was
Sunday, the congregation were es usual engaged in
the performance of divine service, and the disturb-
ance took place about ten o'clock. It seemed that
they assembled at nine, that they began with singing
and prayer, then followed an examination of the chil-
dren as to their religious duties, then prayer again,
and subsequently the sermon. About ten o'clock,
when the congregation were singing, the parties in
the vestry and the whole of those in the chapel were
surprised by an incursion from the defendants, who
made the disturbance now complained of. It may be
necessary to state that the chapel is next door to a
house which was formerly occupied by Mr. King, who
was some years the minister of the chapel. For the
convenience of the resident minister, who bad been
usually allowed to reside in that house, a door had been
broken out in the wall which divides the house from
the vestry of the chapel. But within a very recent
period Mr. John King, one of the defendants, had
thought fit, for some reason or reasons best known
to himself, to open an entrance by taking away the
door altogether, thus leaving nothing between the
passage of the house, now occupied by Mrs. King,
and the chapel vestry. And in consequence of this,
and to keep possession, the congregation have thought
fit, and have felt it their duty to keep a person al-
ways upon the premises. On this particular Sunday,
Mr. John King, his mother, and a person named
Mark Glossop, entered the vestry by this opening, in
the wall, and some observation was made by the
former to the effect that Mark was to take posses-
son, " Now, Mark, take possession." Fortunately
for them some persons in the vestry prevented the
taking possession. An attempt was made, but
they did not succeed in taking possession. The
disturbance, however, was such as rendered it quite
impossible to go on with divine service ; and one by
one the congregation left the chapel until the service
was completely broken up. If this be proved I shall
have established clearly that the congregation were
disturbed. From something which has fallen from
Mr. Smith I am led to infer that he will have two
grounds of defence. But those are matters with
which we have nothing to do. It is not for the bench
to decide what are the doctrines to be observed in
this chapel ; but whether this be so or not I am pre-
pared to prove that the doctrines now being preached
there are those upon which the chapel was originally
founded, I can show that no change whatever has taken
place in the doctrines held forth in that chapel. That
is one of the grounds of difference; and I would now
tell Mr. King, who is within the sound of my voice,
that he is very wrong if he supposes that on this
ground he can prove a title to the possession of the
chapel in his own right.
Mr. King—l never said so.
Mr. Marratt proceeded—lf I show that Mr. King
carne in the manner I have described, and said to
Glossop " Now, Mark, take possession," what are we
to infer but that it was his object to take possession of
that chapel ? Or why should he thus interrupt the
performance of divine service in the place ? But if
he suppose that he will have possession of the chapel
by this means he is much mistaken. No, he has no
more right to go there and take possession, than he
has to go and take possession of the Doncaster parish
church, or even the cathedral at York. I will now
call the witnesses.
Mr. Fisher—Could you not refer this matter to
some competent person ?
Mr. Marratt—l think not, sir. I have a mass of
correspondence here on the subject. I am afraid I
could not under the circumstances.
Mr. Smith—My friend has been throwing out
some very improper observations respecting Mr.
King, who is constituted one of the four trustees of
this chapel.
Mr. Marratt—One of them, Mr. Snow, in Baxter-
gate, called upon me to say that he is not one.
Mr. Smith—l hold a brief written by Mr. Snow,
and given to me by him as one of the trustees.
Mr. Collinson, the magistrates' clerk—We have
nothing to do with that. All we have to do with is the
disturbance. The trustees may be left out of the
chapel altogether, if it be proved that the chapel is
licensed.
Mr. Wm. Ibeson, clerk to Mr. Marratt, was called
by that gentleman and examined. He said he went
on Saturday last to mace a search in the Court of the
Archbishop of York for the registry of the chapel in
Spring-gardens, in Doncaster. The clerk of Mr.
Hudson, the proctor, was with him. This is a true
extract from the book, and examined by witness.—
[Extract put
sutilti):ll,ih
—lt was last Saturday afternoon
when he searched. Did not search anywhere else.
Had not searched in the office of the clerk of the peace
at Doncaster.
Mr. Marratt then called his next witness—Miss
Lucy Phillips.

Mr. Fisher —But you have power yourselves to
register at the quarter sessions.
Mr. Marratt—For some reason or other, it seems,
th;s chapel was registered in the court of the bishop
of the diocese. It is enough for me to prove thatL
they have registered the chapel, and it is for others to
certify from one to another court. And I contend
that it is not incumbent upon us to prove that the
return has been made. If it has not been made, we
cannot help it, and we have no means of compelling
others to make it. We have done all that the Act of
Parliament requres us to do • we have registered the
chapel in the court of the bishop of the diocese, and
surely we are not to be called upon to see that the
persons connected with that court make the necessary
returns of the chapels therein registered.
Mr. Jackson—But the question is whether you
are not liable to a penalty if it be not done, and
whether it is not your place to see it done.
Mr. Marratt—We are not required to do so. We
have done all that we can do in showing that the
chapel is registered in the proper court. And I
submit that I am now entitled to go on with the
case.

Mr. Fisher—l think it is necessary that you
should register every year at the quarter sessions.
You are bound to comply with the terms of the Act
of Parliament.
Mr. Marratt—Had we at this particular time
registered in the court of the bishop, and also in the
courts of quarter sessions at Wakefield and Doncaster,
and could not have proved that it had been duly
certified, we should have been just the same as at
present, and liable to the same objection.
Mr. Fisher—You can go now to the court of
quarter sessions at Doncaster and certify, and then
for one year you will be protected against all dis-
turbances.
Mr. Marratt—l am very sure we have done all in
our power. And if those returns have not been made,
and have been neglected by the laches of the clerks, or
other causes, it is hard that we are to be deprived of
redress for injuries received.
Mr. Jackson—lt is your duty to see, from time to
time, that the register is complete.
dr. Smith—lt is not sufficient that a chapel should
be once registered, and no more ; but it must be done
once a year.
The magistrates retired to consult on the point
raised by Mr. Smith. In half an hour they returned
in te. court.
Mr. Fisher then said that the bench were unani-
mous in the judgment he was about to give ; but he
was happy to say it was one which would not deprive
Mr. Marratt of any remedy which his clients were
entitled to by law. The Act of Parliament respecting
registration was somewhat ambiguous ; and they
were not going to express a decided opinion as to
whether it were requisite to have an annual registry
at the quarter sessions. His own private opinion was
that all these Dissenting chapels ought to be regiatered
at the quarter sessions once a year. However, they
would not on this occasion bind over the parties to appear
at the session to answer the charge, nor would they
require the complaing parties to appear and prosecute.
Two courses were open to them. They could
prefer an indictment at the quarter sessions, and
proceed directly in the same manner as if the
parties had been bound over. If they got an indict-
ment, they could have a bench warrant, and bring
the defendants at once before the court, so that
the trial might proceed in due course. Then if they
found that registration was necessary, they would
save a large sum in expenses, and they could register
the chapel at the court of quarter sessions, which
would take place in the present month. They would
then be on safe ground, and in a position to indict any
offending parties with sure grounds of success. He
(Mr. Fisher) was the more inclined to think that re-
gistration was necessary, because he saw in Mr.
Archbold's book that the averment of registration at
the quarter sessions was an essential part of the form.
He had only one other observation to make, and in it
the bench were unanimous. They deeply lamented
that a respecteble body of Protestant Dissenters, who
were no doubt actuated by good motives, should have
come before the Court at all ; and they hoped there
would be no repetition, either on one side or the
other, of the complaint. They earnestly recommended
the parties to select some proper person or persons, to
whom they should refer the case for settlement. Let
the trust deed also be submitted to the same person
or persons, who should reside at a distance, and be
unconnected with both parties, and who should be at
liberty, should occasion require, to call in some legal
gentleman to explain the law of case. He had no
doubt that in this case both parties were acting from
good motives ; but it was to be hoped that they would
not again permit such exhibitions to take place as had
been partially witnessed on the present occasion. He
hoped, too, that what had taken place would have the
desired effect of preventing any similar occurrences in
future.
Mr. Marratt assured the bench that all his clients
required was peace and quietness, and that their worship
should not be disturbed. If it had not been the case,
they would not have come there.
Mr. Smith said that as his friend had made" that
statement, he must in justice to his clients say that
they were persons of very great respectability indeed,
and that they were the trustees under the deed prepared
by Mr. Baxter in 1842. And further, he would say
that it was an undeniable fact, that the parties who
had brought this charge against them had changed the
form of religious worship from that for which the
chapel was originally built.
Mr. Marratt—l deity that altogether.
Mr. Smith continued—lt was perfectly manifest,
and well known in Doncaster, that those persons had

changed the form of worship from porio to adult
baptism. They now denied the doctrine of infant
baptism, which they said was anti-scriptural, and
contended that adult baptism was the only baptism
allowed by the Scriptures. Thus the place was per-
verted from its original intention. It was built by
subscription, and the trustees were bound to maintain
it according to the original form of worship. They
had a duty to discharge; and as trustees they were
bound to see that the place was not occupied for any
purpose but that for which it was built, and that the
doctrines stated in the trust-deed should be main-

tained. These doctrines, however, had been changed ;
from poi° baptism they had changed to adult bap-
tism ; and the defendants had acted as they deemed
right under the circumstances.
Mr. Collinson said there was a legal way of settling
that matter. _

Mr. Smith, after a conference with his clients, said
there was another matter, which was that those very
respectable clients of his friend were summoned for
an assault upon his (Mr. Smith's) clients, having
given some black eyes and he knew not what besides.
How were these matters to be disposed of ?
Mr. Fisher said they could prefer a cross indict-
ment at the sessions, if they thought proper. It all
arose out of the same transaction ; and if the present
defendants were indicted at the sessions a cross indict-
ment could be preferred. No order would be made
at present on either of them. The bench were of
opinion that Dissenting chapels should be registered
annually, and that they could not have protection
unless that were done.
This closed the case, and the parties on each side,
accompanied by several of their friends, left the
court.

THE BOARD OF HEALTH AND THE

of the board, but the chairman expressed his belief
that the alarm which such a proceeding would occa-
sion in the parish, which was comparatively free from
the epidemic, would have a most mischievous effect,
and probably bring about the calamity which they
were anxious to avoid. Mr. Robinson, the medical
officer of the parish, stated that he had seen many
cases of cholera which might have been checked, and
the lives of the patients spared, by earlier medical
assistance.

PARISH OF ST. PANCRAS.

Mr. Clarkson thought it was unfair to add to this
already irregular evidence such statements as these,
unless it was intended to give the parish an opportu-
nity of rebutting them by other testimony. Mr.
Liddle could have no means of knowing what the
parish had done or were doing to avert the epidemic.
Examination continued—He derived his impres-
sions solely from what was said by the chairman and
other directors in the course of the discussion, and
he presumed that the parish had not appointed medical
visitors, because the chairman declared that the
system was a dangerous one, and did more harm than
good.
Cross-examined—l did not tell the directors that I
was surprised the Board of Health had issued such
an order. I stated that I was ignorant of their pro-
ceedings in the matter. I admit having expressed
my sense of the obligations due from the public to
the board of directors for what they had already done
to prevent disease in the parish. My reason for
ceasing to act for the Board of Health is the com-
parative disappearance of the disease.
This closed the case on the part of the Board of
[lp.Oth.

The directors of the poor of St. Pancras were
summoned before Mr. Jardine, at Bow-street Police-
court, on Friday, the sth inst., at two o'clock, to
answer the charge preferred by the Commissioners of
Health, that they did unlawfully wilfully violate
and neglect certain regulations and directions issued
in pursuance of the Nuisances Removal and Diseases
Prevention Act by the General Board of Health, on
the 15th of September, 1849, by which directions
they were required " to appoint four duly qualified
medical men to devote their whole time to house-to-
house visitation throughout the affected localities of
the said parish."
About forty of the directors were in attendance on
the day in question, including the churchwardens of
the parish, but, on the application of counsel, the
hearing of the case was deferred till Wednesday
last. The arguments of counsel were then heard,
but the proceedings were again adjourned till yes-
terday, and our report was consequently deferred.
As the decision of his Worship, however, has been still
further postponed, we present the case as it at
present stands.
Mr. Bodkin appeared to support the order of the
Board of Health, and Mr. Clarkson represented the
churchwardens and directors of the poor of St. Pan-
cras, who again. attended in large numbers, and up.,
peered by their frequent though irregular expressions
of opinion to be made interested in the proceedings.
Mr. Bodkin, in opening the case, stated that if he
believed there could be the slightest doubt raised in
the mind of his Worship, even by the ingenuity of
the Learned Gentleman who represented the defend-
ants, as to the authority of the Board of Health to
issue the order now under consideration, he should
approach the subject with great anxiety, because not
only the parish of St. Pancras, but every parish inthe
United Kingdom, would be effected by the decision
of the Court, and might claim the right, which St.
Pancras had asserted, to regard the directions of that
Commission as so much waste paper. It was hardly
necessary to refer to the constitution of the Board of
Health. The Court was aware that an Act was passed
in the 11 th and 12th of Victoria (c. 123) for the
better prevention of nuisances and epidemic diseases,
by the provisions of which the Board of. Health were
empowered, under an order of the Privy Council, to
issue " such directions as they may think fit for the
prevention and mitigation of epidemic diseases ;"
and, further, to "authorise and require guar-
dians of the poor, and parochial boards, by
themselves or their officers, or any person
specially or otherwise appointed by them,
to execute or aid in the execution of such
directions ;" and " to provide for the dispensing of
medicines, and such medical aid as may be required,"
and to do such other things " as may be necessary."
This was the general effect of the 10th section of the
Act, and such were the regulations and directions
which the Board of Health had authority to carry
out " any time after the issuing of the order of the
Privy Council, and while it remained in force." It
would be seen that these powers were invested in the
Health Commission so long as this order remained
unrepealed ; and in pursuance of the provisions of the
Act of 1848, therefore, the Board issued the order in
question, directing the guardians of St. Pancras to
appoint four competent medical men to devote their
whole time to house-to-house visitation. That order
was disobeyed. Now he (Mr. Bodkin) would re-
spectfully ask those gentlemen who had attended
upon the summons what had been the results hitherto
of the system of house to-house visitation in affected
localities ? Surely they could not be ignorant of
that which was within the experience of every one
else—of the fact that hundreds of lives had been
recently spared by the timely arrival of medical aid
to arrest the progress of the disease in its earliest
stages. The evidence of its operation was all on one
side.

Mr. Clarkson objected to this mode of dealing with
the question before the Court, unless the Learned
Counsel intended calling witnesses to show that the
state of St. Pancras, at the time this order was issued,
was such as to justify the measures directed therein.
His clients were as sensible as any body of men, pro-
bably, of the value of house-to-house visitation when-
ever there was any necessity for it.
Mr. Bodkin did not apply his remarks to any par-
ticular parish in speaking of the beneficial results of
the system. Indeed, he had said all that he wished
to say upon that point, wishing simply to urge the
importance of the practice of house-to-house visitation.
But the defendants, it seemed, choose to set up their
discretion in opposition to the judgment of the Board
of Health, affirming that in their parish no such pre-
cautionary steps were required ; and they had been
heard to say that they would not tolerate any inter-
ference on the part of a Government board with their
right to manage their own affairs in their own parish,
of the exigencies of which they must be the best
judges. This was in reality the secret of their op-
position. Now, the main object of this sanitary
Act, in investing the Health Commission with
absolute powers of control over the parochial
boards, was to pat an end to these qu•stions of con-
flicting authority, and to spare the country the
disgrace attaching to such unseemly contentions in a
time of pestilence. Hence the power given to autho-
rise and require local boards to make adequate provi-
sions to furnish prompt and adequate medical aid,
supply medicines, and take such other measures to
" prevent or mitigate" disease as they—meaning the
Board of Health, and not the parochial board—may
deem necessary to meet the exigencies of the case ;
so that a local body might not be permitted to set up
its private judgment against the experience of the
whole world. Let us once permit the parish of St.
Pancras to exercise a right of independent control in
such an emergency, and we shall find ether parishes,
in which the cholera had been and was being attended
with the most fearful mortality, asserting the same
right, with awful consequences to the public health.
He would only ask the Court to contemplate such an
opposition, in certain districts, when the cholera was
recently at its height. And the fact that the epidemic
was now, happily, on the wane did not diminish the
authority of the Board of Health, who were alone the
properly constituted authorities to exercise a judg-
ment as to the expediency or necessity of their direc-
tions. The Learned Counsel then referred to the
provisions of the Act of 1849, and the Amendment
Act, relating to the recovery of the penalties incurred
by local boards ; remarking that even if difficulties
should arise upon this point, which he did not appre-
hend, it had been ruled in the superior courts that
the fact of there being a difficulty in indicting for a
penalty (as in the case of a quasi corporation) did not
in the slightest degree affect the liability of the body.
After quoting the Queen and Birmingham, and the
North Western Railway case, in reference to this
point (which appeared to be regarded of secondary
importance), the Learned Gentleman concluded with
the observation that he left the case with great confi-
dence in the hands of the Court. The principal
question was one of mere law—the interpretation of
the statutes. The defendants would, no doubt, say that
the order of the Board of Health was uncalled-for
and unnecessary; and his answer to that suggestion
was that they (the directors) were not to be the
judges—all discretion, for the time being at least,
having been invested inn superior tribunal.
Copies of the Gazette containing the order of the
Board of Health, &c , were then put in, and were
about to be read by Mr. Burnaby, the chief clerk,
when that form was dispensed with by mutual consent.
Mr. JARDINE wished perfectly to understand the
Learned Counsel (Mr. Bodkin) as to one expression
in the 10th section. He found the Board of Health
therein authorised to do certain things, such as cleans.
ing and disinfecting houses, &c., and also to authorise
and require guardians and local boards "to provide
for the dispensing of medicines," and to afford to
persons affected "such medical aid as may be re-
quired." Required by whom ? Mr. Bodkin—" As
may be required" in the judgment of the Board of
Health.

Mr. Clarkson rose to reply for the defendants
It was abundantly manifest that Mr. Liddle, the only
witness called for the Board of Health, had furnished,
by his own evidence, a complete answer for the
present complaint. He had proved that the directors
of the poor in St. Pancras, so far from desiring to
evade their solemn duties during the awful pestilence
with which the metropolis had been afflicted, had ac-
tually anticipated the Board of Health in the
provision of remedial measures in the event of the
cholera breaking out in their district. They had
neglected nothing ; they had violated nothing. Long
before the order came to them they had fulfilled such
of its directions as the condition of the parish re-
quired, by causing the appointment of several addi-
tional medical officers in the parish. And now, thank
God, there was no longer any occasion to take those
steps which, if the cholera had raged in the parish,
they were fully prepared to take, without the direc
tions of the Board of Health or any other board.
But, was there any such necessity existing at the
time ? Mr. Liddle had answered the question by
stating to the directors, on the 18th, his ignorance of
the fact that the Board of Health had contemplated
issuing such an order to them ; for, such had
been the sincerity of his clients, that Mr. Liddle
wis compelled himself to admit the obligations
due to them for the prompt, active, and efficient
exertions they had made to avert the epidemic.
Thus much for the moral view of the question,
to which his clients wished him more particularly
to address himself. Now, as to the legal question.
As a lawyer, he was satisfied, firstly, that the order
was illegal ; and secondly, that the directors had no
power to obey it without violating the local Act by
which their own body was constituted. They had no
power to appoint medical officers. They had shown
their anxiety to do their duty in the late crisis, by
going to the parish vestry and using their influence
to obtain additional medical officers, but the power of
appointing them was exclusively given to the vestry,
to whom therefore, if to any one, this impossible order
should have been directed. Then, as to the order
itself. His clients had no desire to overthrow it on
technical grounds; they had a much better ground to
go upon, being as sincere as the Board of Health in
their desire to preserve the public health ; but any-
thing more indefinite or absurd could not be well
conceived. The Act of 1848 no doubt empowered
the Board of Health to direct certain local boards to
do such things " as may be required" to meet the
exigencies of the case ; and, among other things, he
found specified the finding of medicine to be adminis-
tered in cases of diarrhoea, or other premonitory symp-
toms of cholera; the appointment of four medical visi-
tors, &c. But the discretion was evidently intended to
be placed in the local board ; it was they who were to
judge of what was required in the parish over which
they presided. How could it be otherwise? If it was
intended that the Board of Health should take these
matters into their ;own hands, then they must not
not merely direct the appointment of four medical
visitors, but state who shall be appointed, where they
shall go, and what they shall do. They must spe-
cify the localities that are affected also; and not only
did the order direct certain things to be done, but it
required that they should go and see them done. So
that, after providing medicines, they would have to
see that the people took them—(A laugh)—and if he
wished to ridicule the order, he mirth fairly add
that, according to the terms in which it was ex-
pressed, they could not legally administer the slightest
relief to any one actually afflicted with cholera,
authority being given only to administer the medi-
cines to such persons as were suffering from diarrhoea
or other " premonitory symptoms."—(A laugh.)
This was no laughing matter. The fact was that,
apart from the fact that the Health Commission had
no authority under the Sanitary Acts to issue such
an order as this, the thing itself was an absolute
nullity. With respect to the penalty, the Learned
Counsel for the Board of Health was quite sen-
sible of the difficulty, he might say, the im-
possibility, of enforcing it ; and to show that the Le-
gislature never intended such an interpretation of the
10th clause as was now set up, there was actually pro-
vision made in the previous Act, which must be read
in conjunction with the amended Act, directing that
all penalties should go to " the guardians of the poor."
So that the Court would be placed in the ludicrous
position of requiring the defendant to take 61. out of
one breeches' pocket and putting it into the other.
He knew perfectly well, as his Learned Friend had
just hinted, that there was a fresh provision in the
Amendment Act, authorising the appropriation of the
penalties, by the Board of Health, for the expenses
of these proceedings; but if there was an excess of
receipts from this source the guardians could sue the
Board of Health for the balance. [Hr. Bodkin in-
formed the Learned Counsel that he was mistaken, as
the excess was to go to the Treasury ; upon which
Mr. Clarkson abandoned the argument.] In conclu-
sion, the Learned Gentleman repeated that his in-
structions were more especially to justify the board
of directors on moral grounds, as their chief anxiety
was to be acquitted in the eyes of the public of the im-
putation which the issuing of this order reflected upon
their character as a body. The Board of Health, with-
out making inquiry, or even permitting themselves to be
informed, as to the sanitary condition of the parish or the
means taken to prevent disease, and without giving
the parties accused of neglect the slightest opportu-
nity of defending themselves, had taken these extra-
ordinary and despotic steps (he did not use the term
disrespectfully), even while there existed another
tribunal, namely, the Poor-law Commission, to whom
the directors were responsible for any neglect or
breach of the law, and who possessed ample autho-
rity to require of them the execution of any duty
which the Legislature had imposed upon them.
jAUDINE said it was extremely difficult to
interpret these sanitary Acts, as both the Learned
Counsel had admitted; and as he did not feel justified
in a case of so much public importance as this to give
an off-hand decision, he should take some time to look
into the respective clauses and consider the arguments
submitted to him. He would adjourn the case, there-
fore, to Friday, at twelve o'clock.
The clerk to the directors, with several of the

board, was in attendance at this hour, but his Worship
stated that he had not yet had sufficient time fully to
satisfy his mind upon the subject, and must therefore
again defer his decision. He had sent the solicitors
on either side intimation of this circumstance.

THE STORM OF SONDAT.—The steamer Bir-
mingham left Dublin on Saturday evening last for this
port, and encountered on her way the terrific gales of
Sunday last. On board this vessel there was a heavy
cargo of live stock—cows, pigs, and sheep—and upwards
of two hundred deck passengers. During the fury of
the gale on Sunday morning, Captain Williams, fearing
that exposure of the passengers to the " pelting of the
pitiless storm" might result in the loss of life, put into
Holyhead about nine o'clock in the morning, and re-
mained there until half-past twelve o'clock that night.
Whilst at Holyhead, the captain had the cattle taken
out of the hold, and the passengers were placed under
cover of the hatches. The gale having moderated, the
Birmingham was enabled to put to sea, and reached
Liverpool on Monday evening, with the passengers and
cargo safe and well. Owing to the length of time the
steamer had been out, the stock of provisions laid in by
the passengers (the most of whom are persons about to
emigrate to America) was entirely consumed, and had it
not been for the humanity of Captain Williams, who
had a sheep killed and prepared, many lives would have
been lost. When the vessel arrived here, the passengers
presented a highly complimentary address to Captain
Williams, detailing the above facts, and speaking in the
highest terms of his humanity and attention.—Liverpool
Mercury
THE SAILORS HOME.—MUNIFICENCE OF THE
QUEEN DOWAGER.—On Thursday, at a meeting of the
board of directors of the above excellent institution,
held at the " Home," in Well-street, near the London
Docks, for the transaction of general business, the
report stated that the establishment was now com-
pleted, by the erection of the eighth and last dormitory,
and which bears the name of the " Adelaide," from the
circumstance of her Majesty the Queen Dowager,
with her characteristic benevolence, having defrayed the
entire cost (420/. ss. 9d.) of its erection. During the
past year 112 ships have been manned from the
" Home," and 4,633 boarders have been received,
making a total during the last fourteen years of 31,992
seamen who have passed through the institution.
Advices from Breslau of the 6th of October report
the wool market dull with scarcely anything doing for
England. The quantity offered amounted t" 25,000
cwts., of which 10,003 had. been disposed of, leaving a
stock on hand of 15,000 cwt. to the above date.

Mr. Clarkson considered such an interpretation of
the words as perfectly preposterous.
Mr. John Liddle was then examined by Mr. Bodkin
—He stated that he lately held the situation of
assistant medical superintendent to the Board of
Health, by whose directions he waited upon the
directors of St. Pancras at the vestry-room, on the
18th of September last, to ascertain what had been
done respecting the order of the board issued on the
15th. The chairman and other directors replied
that additional medical officers had been appointed
in the parish, previous to their receiving the
order, and they had besides an inspector of
nuisances constantly on duty; and if the state of the
parish was deemed hereafter such as to require it, they
were prepared to appoint, or have appointed, medical
visitors to go from house to house. Witness reasoned
With them upon the necessity of obeying the order

DREADFUL EXPLOSION AND I MOLD, OCT. 10 —lt being Chester fair to-day, there
LOSS OF LIFE. I was very little business done here, with the attendance
Last night, shortly before 11 o'clock, much alarm ' small. Wheat, 13s 6d; barley, 9s; oats, 5s 61 to 5s 9d
was occasioned in the immediate vicinity of Brook-
per
street, Bermondsey, by an explosion upon the premises Ehobbet.
rtyr„ Ocr. 9.—Having but a few buyers and sellers
in the occupation of Mr. Bailin, firework-maker, at this day's market (owing to Abergele fair), the wheat
carrying on business at No. 4, in trade was by no means soetive as last week; sellers,
that street, by which however, appeered equally fi as m as before, and main-
two, if not more, lives were sacrificed, and several taie last week's prices, viz., 14s to 84s 6d for new.eand
persons severely injured. 1.5 s per hobbet of 168 lbs for old. Barley remained
It appears that at the time of the calamity not steady at last quotations. Brans and peas continued o
c to
fewer than thirteen persons were in the premises, meet a limited inquiry, at late prices.
Oats
at 6s to 676dailice
d
when suddenly a loud explosion was heard, which ing a tolerable share of attention,
r
blew the tiles off the roof of the house, forced the hohbet of 1051bs.
windows out, both in back and front, lifted the INVERNESS, OCT, 9.—01 d wheat, per quarter, weighing
floorin s from their bearing= 01d64 barley,
per bushel, 45s to 50s; new ditto, ditto, 42s to 44s ;
g gs, and sent two children perq
ditto,uarter,we2iths to 0
weighing
05451 b per bushel 25s
sleeping in the first floor out of the window. The to ois; new ditto,
extraordinary noise occasioned per
by the report had bushel, 21s to 22s Od. Oatmeal,
imperial
att,oll42llb,
16s
per6d,
scarcely subsided when an immense sheet of blue and second, 15s; barleymeal, lls 8d; peasemeal, 14s to 15s; bran
purple flame issued from the various apertures in the per stone, Od to 8d; first flour, per 2801 b, 36s to 375; second,
building, and at the same time men, women, and 28s; oatmeal, best, per stone of 141 b imperial, is 8d to Os Od;
children were to be seen rushing through the fire, second,,,d lbs. 6d; barleymeal, is 4d; peasemeal, is 6d; first flour,
s cash 3s 3s credit; secono, 2s 3d cash, 2s 6d credit. Pots-
whilst their frantic cries for assistance could he heard Z'oes, per stone, 4d to Od ; beef, per pound, 4d to 7d; veal, 4d
at a long distance. to 6d; mutton, bel to Ed; pork, 4d to 6d; fowls, each, 00d to
At this conjuncture Mr. Perkins, an inspector of God; chickens, per pair, 00d to Qd ; ducks, each, cod to
the A division, with Mr. Hornsby, an inspector of 00d; eggs, pr dozen, 8d to 9d; butter, fresh, per lb, 12d to
the M division of police, arrived with a powerful body Od; salt, 12d to 00d ; croudie (curds) 20 to Od ; four-pound
hay, per stone,
tt3do
t7od,9dcredit, 60 to 71d; coals, per cwt, 9d;
of constables, which was exceedingly fortunate, as it
is quite probable that, had it not been for the assist-
ance of those officers, several other persons would
have lost their lives.
Owing to the highly inflammable character of the
contents of the premises the flames rose so high as to
endanger the houses on either side. Information of
the misfortune was promptly forwarded to the engine
stations, and, with as little delay as possible, the
engines of the London Brigade, with Mr. Henderson,
the district foreman, and Mr. Connorton, with the
West of England engine, arrived at the scene of de-
struction. Plenty of water having been. procured
from the mains in the district, the machines were in-
stantly called into operation, and vast bodies of water
were thrown upon and into the burning mass ; but,
in spite of this, the fl imes continued to spread, and it
at as not until the house was gutted that the firemen
could get the mastery over the conflagration.
That having at length been accomplished, the fire-
men learnt that several persons were supposed to be
in the ruins. Search was, therefore, made for the
persons missing. After some time spent in turning
over the ruins, the firemen discovered the bodies of
two persons, one apparently that of a fine young man
about 17 or 18 years of age, and the other that of a
boy a few years younger. The firemen were then in-
formed that one was the body of a person called
George, who had resided in Kent-street, Southwark,
and worked on the premises, but the other could not
he identified. Hr.. and Mrs. Berlin were also so
severely injured as to be obliged to be removed to the
hospital.
Upon calling together the persons who worked and
lolged in the premises, it was found that two more
were inissiug, and from the account given by those
who have escaped, there is no doubt entertained that
they have also fallen amongst the ruins. They were
both sleeping in the first- floor—one was an infant
eighteen months old, the other was a child about four
years old. At two o'clock this (Saturday morning)
the firemen were busily engaged looking after the
bodies, but had not succeeded in finding them.
Respecting tho origin of the calamity the following
particulars were obtained from one of the survivors.
He informed the police that the persons who were in
the lower floor were• engaged 'finishing squibs, when,
by some means which he could not tell, the top of a
naphtha 1 amp used in the room turned over, and the
contents of it becoming ignited, fell in a sheet upon
the fire-works, and before any one had time to
escape the house blew up with a terrible noise.
Amongst the number missing is a young woman
named Rhoda, but where she came from is not known.

THE COUNTRY MARKETS.

COAL MARKE'
Buddle's W. Hartley 16s 6d
Carr's Hartley
Chester Main l6s 6d
Hasting's Hartley l6s 6d
Holywell Main
North Percy Hartley.. 16s Od',
Ord's Redheugh
Ravensworth'sW.Hart 16s Od
ranfield Moor Butes l4s 6d
Walker's Primrose
West Hartley
Wall's End, &g. _ _

WAKEFIELD, OCT. 12.—There is a good arrival of
wheat and other articles. Wheat is buld with much
firmness to-day, and last week's prices fully supported,
and for fine samples rather exceeded. More demand for
malting barley at a slight improvement. No change in
the value of oats and shelling, with a moderate sale. A
retail trade for beans at last week's prices.
New. Old.
WHEAT, per qr. . 601bs per bushel:— s. s. s. s.
Suffolk, Essex, and Kent, red ... 42 to 45 42 to 45
Ditto, white ... •46 —5O 47 —49
Norfolk and Hunts., red ... ... 40 —43 41 —43
Ditto, white ... 44 —4B 45 —4B
Lincolnshire and Cambridge, red 39 —43 40 42
Ditto, white ... 43 —46 43 46
Yorkshire, red .., 39 42 40 42
Ditto, white ... 43 46 43 46
Dantaic and Konigsburg, white .. 45 —49
Lower Baltic and Hamburgh, red... 39 42
Mediterranean, red ... ••• ••• 33 38
BARLEY, per quarter of 8 bushels:
Norfolk and Suffolk... ... 28 30
Lincolnshire and Yorkshire .. 27 30
Scotch ••• •••
Grinding per 30 stone ...
Foreign ... •••
BEANS, per quarter of 8 bushels 63Ib:—
Small, fine ... 30 —32 31 —34
Ticks ... - •.• ... 29 30 29 21
Foreign ... .•• —• ..• —— 26 —3l
°NTS, per atone:—
, Mealiug • ••• 9d to 101
Feeding 8d to 9d
Foreign ... —d to —d
SHELLING, per led. of 2611 b •z 3 24
MALT, per load of 6 imperial bushels
PEAS, per Imperial Quarter :
Blue and white boilers
Grey and Feed

22 - 24
24 - 28

T.—YESTERDAY
Eden Main
Lambton Primrose
Bell
Belmont l9s Od
Braddvll
Hetton
Haswell 193 6d
Heselden
Jonassohns ... 175 6d
Lumley lBB Od
Lambton
Plummer ........
Russell's Hetton 19s 3d
Stewart's
South Hartlepool
Whitworth l6B Od
Xdelaide Tees
Richardson's Tees l7s 6d
,Seymour Tees
South Durham lBs Od
St. Helen's Tees
Pees
Garnaut 5t0ne......... 23s Od
Iffoward's W. 11. Neth. 16s 6d
Nixon's Merthyr and
Cardiff ....
Ships at market, 120.

Brown'5...
Brown's Gas
Clarke
Clennell l6s 9d
Gosforth
Hedley
Marton
Heaton
Hebburn lBs Od
Morrison lBs 9.
Northumberland
Peareth
Percy...
Urpeth
Walker

Bil to 10d
91 to 10d
8d to 9d
22-23
34 37

,• ... - 29 -- SI
--- - 2S
TALS.

ARRI'
Qrs.
17,6V9

Rapeseed ...
Shelling ... ... ••• 1,113
Linseed .. .. 255
Malt ... ... • • ...
Flour ... ... • 11.0 ...

RAILWAY SHAKE MARKETS.
BRISTOL, OCT. 12.

STOCK EXCIIANGE.—The transactions to-day were as fol-
low : Great Western, Quarters, 12% dis.—Ditto, New 171.
Shares, Bk/2 dis.—Tail' Yale, 5 per cent. Preference, par.
LIVERPOW, OCT. 12.

STOCK EXCHANGE'.- The share market was very dull
to-day, and little business was transacted. Prices had a de-
clining tendency. The sales are-Lancashire and Yorkshire,
Fifths, 6j/4 dis.- London and North-Western, 110-Ditto,
New Quarters, Is. 3d. p.-Ditto, Fifths, 11,i p.-Midland,
.1814-Ditto, Halves, 2078 dis. - North Staffordshire, BJA
elis.- South-Eastern and 1* over (No. 4), 51/8-York, New-
cutle, and Berwick (G. N. E. Purchase), 41. 18s. M.-Dutch
Rhenish, 6N dis.
MANCHESTER, Our. 12.
STOCK EXCHANGE. -We have not had such a dull week
for a considerable length of time as the past; prices have
continued to droop, and very little business has been done_
In consequenee of this week's traffic being more unfavourable.
than was anticipated, London and North-Westerns have
given way. '1 here has been rather more doing to-day. The
following were the quota ions :-London Stock, 110-North
Staffordshire, 8 5-16 dis.-Manchester and Leeds, Fifths, 63At
dis. - Old Dovers, 17% - Dover (No. 2), 17 dis -Shrewsbury
and Birmingham, Preference, 91,, c.-Caledonian,Preference,
8N - Sheffield, Preference, 16 5-16.
BIRMINGHAM, OCT. 12.
STOCK EXCHANGE.-There was a considerable amount of
transactions to-day, and prices remained firm at about last
quotations.

THE NEW LAW OF BANKRUPTCY.—Yesterday tha
new Act, 12 and 13 Viet., cap. 116, to amend and cone
solidate the laws relating to bankrupts, came into opera-
tion. The Act c mte.ins 278 sections, and a number of
schedules, containing a variety of forms. It may be
regarded as a step towards the codification of general
laws. Fiats are now abolished, and proceedings in
bankruptcy are to be commenced by " petition." In-
stead of 30/. in fees at the commencement of a case, 101.
is to be paid in stamp duty. Henceforth no trader can
pass on nis own petition, unless he has a clear estate of
five shillings in the pound for his creditors. There are
some stringent provisions as to the conduct of traders
both before and after their bankruptcy. Nine offences
are specifically mentioned, such as concealing or altering
books, making away with property, vexatiously incurring
law expenses, or omitting to keep proper accounts. An
appeal is given to one of the Vice-Chancellors in all
matters of bankruptcy, especially with reference to the
allowance, suspension, or refusal of a certificate. There
are also provisions for arrangements of a private cha-
racter under deeds, and the majority of creditors are to
bind the minority. The new rules to regulate the prac-
tice of the courts are expected to be shortly issued. His
Honour Vice-Chancellor Knight Bruce will be the At).
pellant Judge in Bankruptcy.
THE FIRI3 IN LONDON-WALL.—During yesterday
(Friday) a great number of firemen and others were en-
gaged in the ruins of Messrs. Gooch and Cousins' pre-
mises, in London-wall, collecting the salvage remaining
therein. Before six o'clock last evening as many as nine
or ten waggon loads of wool, worth some thousand
pounds, had been taken from the rains and removed to
the Artillery-ground. The wool is but little damaged
except by water, and should the weather continue fine,
it is expected that the material will be sufficiently dry
to be re-stocked in the course of a few days. The whole
of the extensive space in front of Carpenter's Hall has
also been covered with wool removed from the premises,
and it is expected that the whole still remaining beneath
the ruins cannot be got out for at least another week, so
great is the quantity. A great deal of confusion has
been caused in consequence of the bales having been
broken by the action of the fire and their contents min-
gled together; it is therefore impossible to tell to whom
the property belonged. The only course, therefore, left
will be to sell the bulk by auction and divide the pro-
ceeds, according to the amounts insured, amongst the
different offices interested. The assessors of losses and
surveyors to the various insurance offices were busy
during the day in endeavouring to ascertain the exact
amount of loss, but as yet without success.
HACKNEY BENEVOLENT PENSION SocrEm—The
tenth annual meeting of the subscribers of this institu-
tion, founded for the relief of decayed housekeepers and
others, was held on Wednesday night, Mr. J. Frankland
presiding. The report of the committee expressed regret
that the expenses of the last year exceeded the income
by 14/. 4s. 4d. There were now twenty-four pensioners
receiving 2721. per annum, and unless vigorous efforts
were made to augment the society's funds, the Lumber of
applicants to be el, cted half-yearly would be much re-
duced. The fund for building almshouses was progres-
sively increasing, and consisted of 800/. stock, besides a
balance of nearly 301. The report was ri ceived, and
after votes of thanks to the committee, secretaries, and
to the chairman, the meeting separated.
To BLACK GRATES AND STOVES.—Mix a gill of
stale beer and two ounces of black-lead together; add a
piece of common soda, the size of a nut. Having removed
all soot and ash-dust from the grate, rub it over with the
mixture. Take a hard brush and rub it well. A great
brilliancy will soon be produced.
A PuST,OFFICE IN A Fix.—On Sunday morning.-
last a small parcel, while being stamped at the poem-
office, Nottingham, was shivered into many pieces,wh eu
to the horror of the stamper, who has been ill ever since,
the consternation of the worthy post-master, the fearful
excitement of the clerks, sorters, &c., and the confusion
of the whole office, the letters and newspapers were scat-
tered in all directions—from the remains of a glass bottle
which had been directed to a teetotal medical gentle-
man of the town, log out sprung a frog.—Nottingham-
shire Guardian.