The Sun.
London, England, 1840-06-05 00:00:00

THE SUN, LONDON, f 4.1 04Y, MINE 5, 1840.

draws the decree, and so also does or did the remuneration
of the Master in Chancery and all his clerks. Is it sur-
prising that, under such a system, law papers have
lengthened, until the searching for the sense of them is
like looking for a needle in a bottle of hay—for a grain of
wheat in a bushel of chaff?

The Legislature should reform this, and should so ar-
range as that lawyers should gain by speed and brevity,
not by delay and prolixity.
The Legislature is bound to reform this. There
are some things beyond its power ; but the whole
tribe of lawyers, and the whole course of pro-
ceedings in any Court, exist but by its will,
and it cannot permit such abuses to continue
without incurring reproach. So enormous are
the present evils, that, in Mr. FANE'S
estimation, it would be an improvement to allow a
Commission, composed of solicitors, to fix a scale
of fees for their own remuneration, on condition
only of abridging or abolishing the written plead-
ings. What a condition is the law in when the
solicitors are to be empowered, as an improvement,
to fix their own charges ? But all improvements
will be vain till the Legislature makes it a rule that
both barristers and solicitors shall lose by delay and
extended pleadings ; that they shall be mulcted,
and not the clients, for errors and omissions ; and
that they shall gain as a cause is settled, not as it
is protracted. There are two immense bodies of
men in this metropolis who have an interest in de-
laying causes, and preventing their clients from ob-
taining a settlement of their disputes, and as long
as that state of things exists, the multiplication of
Courts and Judges will only enable them more ef-
fectually to fleece their clients. Mr. FA NE insists,
as we have insisted, but with infinitely more know-
ledge and power than we possess, on the propriety
of the Court reforming its own proceedings before
it asks for extended powers and more Judges. As
a specimen of what the Court does, take the follow-
ing description :
To-day the Court shall be asked t, direct an account
of the personal estate of a &ceased person, and, if any
one were to say that the person entitled to the residue of
the deceased ought to be present at the taking of the ac-
count, as they were so deeply interested in the result, the
Court would say, ' No, the personal representative repre-
sents and protects every one, creditors, legatees, and the
parties entitled to the residue." Here the Court swallows
the camel. To-morrow it shall be asked to make a decree
involving an account and distribution of the real estate of
a deceased person, and then, although crowds of devisees
arc parties to the suit, so many that there cannot be
the slightest fear but that the accounting parties will be
carefully watched in the Master's office, yet, if it
shall appear that an infant has been just born, who will
be entitled to any portion of the proceeds of the real
estate, the Court will order the cause to stand over, in
order that be may be made a party to the suit !
Here the Court strains at the gnat. The rule is the
same if a death or marriage create any new interest, so
that, unless there be neither births, deaths, or marriages,
amongst such a crowd of parties during the ten years,
which is the average duration of a Chancery suit, there is
an endless succession of things, called bills of reviser and
supplement, to bring new parties before the Court. The
Legislature should reform this; and, as the personal re-
presentative represents all interested in the personal es-
tate, as assignees in bankruptcy represent all persons
interested in the bankrupt's estate, as the governing power
in a corporation represents all persons interested in cor-
porate property, as the officers of a joint stock company
represent all persons interested in a joint stock company,
and as in an endless number of other cases such a number
of the parties interested as will suffice to insure a fair and
honest discussion of the points in debate, being present,
are permitted to represent the absent ; so in the case of a
suit for the administration of a real estate, some one or
some few of the parties principally interested, should be
permitted to represent all.
When we find gentlemen bred up with a bias in
favour of the law, thus reprobating the proceedings
in Chancery, we laymen may be excused if we de-
nounce them as a curse to the community, and if
we say that the nation is foolish to allow its best
interests to be sacrificed in deference to lawyer-craft.

The House of Commons has published the gaol
regulations of York to which Mr. O'CoNNott is
subjected, and to which every person who puts pen
to paper in the sacred and holy cause of liberty, how-
ever high his rank or station, and who shall chance
be found guilty of a libel may also be subjected. It
will be useful, therefore, both to them and to those
who desire to enforce the law, that we should copy
the principal regulations, and so make known to all
writers the punishment with which the law visits
their transgressions..
First, the gaoler or 14-assistant at York, is to
see every male prisoner examined by the surgeon
and properly washed ; the hair of the convicts is to
be cut short. The gaoler is to take an account of
all moneys and other articles found on the prisoner,
and shall carefully keep them. No letter or parcel,
or anything, is to be delivered to a prisoner but in
the presence of a gaoler. The felons are not to be
allowed to face each other at their respective meals,
which accounts for Mr. O'CONNOR supping
skilly at a long plank against a wall. They are nut
to be allowed to converse during their meals, so that
Mr. O'CoNNwt's choice of a ward where he could
have felon companions, was probably to relieve the
irksomeness of complete solitude.
Now for the food, which, though wretched fare for
a well-fed gentleman, seems far superior to what the
agricultural labourers can command in many parts
of England:—

able to take the field against the tititil troops.
The war is ended. Henceforwieki e 'tiltEN's
Government will have to proceed ilikkst, bands of
brigands, nominally the champions vi'desputiSm and
the avowed enemies of the QUEEN and Constitu-
tion, but in reality robbers and murderers, cloaking
their personal villany under the mask of Carlism.
And now that Carlisrn is utterly prostrate, if it
be not the intention of Don CARLOS to deprive
himself and his children of all sympathy--if he
wish not to see himself such another detested out-
cast as his Royal relative, Don MIGUELO---he will
interpose his authority to prevent his wretched sup-
porters from shedding any more innocent blood in
his cause. Justice and humanity alike demand
this. He can no longer urge any plea to which other
than a fiend could listen without horror, for deluging
Spain with the blood of her peasant po-
pulation. The fortunes of war and the national
voice have been both appealed to ; and both have,
emphaticall) declared themselves against him. As
France and England are deeply interested in the
pacification of Spain, the Court of Madrid has a
right to expect that they will press this matter upon
the consideration of Don CARLOS, should he be so
wanting in humanity as not immediately to enjoin
the duty of submissionot IliHisiEdßelsudtleide
aprgaurtiinsea;:ws.
We need not suggest
to which Don CA ALOS and the Princess of BEIRA
would feel most inclined to listen. The subject is
one with which he is perfectly familiar. In the pa-
cification of Spain the French Premier has a dis-
tinguished political interest, and we will do him
the justice to add, that had his plats been adopted
the Peninsula would have How enjoyed three years
of repose, instead of being all that time the theatre
of civil war.

We have heard that Don CARLOS would be
well content to retire to Italy, provided the young
QUEEN bestows her hand upon his eldest son, and
the Cortes proclaim him joint heir with the QUEEN
to the Royal Title and Government. The time
for such a compromise as this is past. His son's
chance of reigning in Spa;n is not a jot better than
his own ; nor will the Cortes sutler an union be-
tween the QUEEN and any member of his family.
But on the representation of England and France,
deserved by a speedy and solemn renunciation of a
fictitious title, we are of opinion that the Cortes
would restore to Don CARLOS all he claims as
the private property of himself and his wife, and
even grant him a pension suitable to the support
of his rank, in whatever country, Spain only ex-
cepted, he may choose his future residence.
The British Government, actuated by no persoaal
enmity against Don CARLOS, seeks only the tran-
quillity of Spain. That tranquillity assured, the
Cabinet of St. James's would not feel ind.rfittnt to
the individtal wants of the PRETENDER end his
family.

---
It will be seen from intelligence received by the
Dutch mail last evening, that the King of. pßus.
SIA, on the 29th of May, was not only alive, but
hopes were entertained of his recovery. The re-
port of his death reached Paris on Saturday, the
30th, and no doubt, therefore, can remain that it
was without foundation. The account of the mir.
ror, and the marching of the troops past the Palace,
and the last review, said to have been so anxiously
desired by the aged Sovereign on his death-bed,
must have been the fiction of some stock-jobber.

The Madrid Chamber of Deputies voted on the 27th
lilt. the second article of the Financial Bill, in virtue of
which the Minister of Finance was authorised to create
bonds fnr an additional sum of 200,000,000 reals, bear-
ing interest at 5 per cent. The third article, providing
that the titles to those securities should be deposited in
the bank of Sin Fernando, had been likewise adopted.
The three other paragraphs of the original Bill had been
withdrawn ;by the Government, at the request of the
Committee on it, and replaced by an article empower-
ing Government to issue bonds to the amount of
300,000,000 reals, at 5 per cent., to guarantee the pay-
ment of the official contracts entered into by the
Ministry. An amendment author:zing the Govern-
ment, when it should deem it expedient, to fund the
interest of the domestic and foreign debt's, was also
agreed to by the Chamber.
The Senate voted on the 27th the Bid on the liberty
of the Press, by a majority of 59 againvt 17. Oa the
same day the President of the Council laid 'an the table
of the House the treaty of navigation rind commerce
lately concluded between Spain and the Ottoman Porta.
The Five per Cents, left off, on the 27th, at 25} for
cash, and elt 2S for 60 days.

The 41inniteur of Wednesday publishes a telegraphic
despatch, announc;ng the surrenoer of the Carlist for'
tre-s of Morella to the Queen of SPAIN'S troops on the
29th ult.—not on the 31st, as was stated in our Second
Edition of last night.
Nearly ten columns of the French Papers of Wed-
nesday report of
Are occupied with I V 11
his late campaign in Attica. The campaign commenced
on the 25th of April, and terminated on the 21 st of
May. In the course of that time the Marshal was en-
gaged in ten battles and skirmishes with the enemy, and
had 743 men killed or wounded. But though the Mar-
shal appears to have bad the advantage on every occa-
sion, we require only to glance at the Report to feel
satisfied that the campaign has been productive of no
advantage whatever to France. The Marshal himself
admits that a future campaign will be necessary.
The following extracts include all the general news
in Wednesday's papers :
The M'oniteur of this morning announces, in its official
part, that several Ambassadors, yesterday, delivered to
his Majesty, in successive private audience, the answer of
their Sovereigns to the letters notifying the marriage of
the Duke of Nemours.

The committee for examining the proposal of M.
Renielly, met yesterday, and after an animated debate, de-
cided that the functions of deputy were not incompatible
with those of commandant of a military division. —Le Con.
stitutionnel.

A letter from Bourg Madame, of the 27th says—" The
arrival of the brigade of General Leone, which has pene-
trated into Catalonia, to effect a junction with the troops
of Borso, has caused a great sensation in the country. The
insurgents are seized with consternation; they talk of
capitulation, confusion every where prevails; some adven-
turous leaders, such as Boquica, are however resolved to
continue the struggle ; their bands commit all kinds of ex-
ec sses. —Phare des Pyrenees.
TOULON, MAY 30.--The ships of the line at anchor in
our port have received notice that they will soon have to
convey troops. It is said that the army in the province of
Algiers will be increased by six thousand men, and the di-
vision of Oran by two thousand.
We have no men of war at Naples. It seems that we
had yielded to the demands of England in withdrawing
the Ocean.

At this moment there are in our roads ceven French
ships of the line and one American.
Monseigneur Dupuch, Bishop of Algiers, has arrived
here, and will embark to-morrow on board the Fulton,
which takes 1.10 soldiers.—Le Commerce.
60URSE. 1) ..... Aids, WEDNESDAL, JUNE 3.
First Highest Lowest Last
Prier Price. Price Price
F,e;tch 5 :ier Cents ll5 50 ... 115 00 .., 115 5 ' ... 1 5 60
4 !•er tents lO4 75 ... c 4 71 ... 104 75 ... 104 75
3 p r Cents
.... 85 50 ... 05 411 ... 85 40
Hann o, i ranc.
...:1500
I,atlitte flak 1,110111. SO 1125 _ll3 • —ll_s _ll3O
5,0000. Sh 525,, ...s::sis _.!,•230 ..5245
Belgian Bank
6 per Cents 104% ... 1014,i ... 10 ti, ... 10414
3 per Cente 76 ... 76 ... 76 ... 76
Ohio 10! 50 ... 102 .4.1 ... 10-2 50 ... 102 50
State of New York 9' ... 94 ... 9,4 . 98
St..osh Ac;ive .... 28,41 22% ... '-'44 ••• 2'14
Passive 7 • ••• 6 'ii •• 6%
Portuguese 3 per Cents
Nea.,olitan
11159 , ... 11,5 90 ... 105 65 ... 1115 65
lit 44. ... It'3%, *** 1u31,3 .- w34i
Silvt:.:aa Germain
Versailles,
es.
R.
. a
...
..... 7.. A..
.1.1:7 AILIL'
471 05
..
: 1.. 753;°4?) «. : ... E 5 5:0
L.B. ........... ... . 375 •
••• so ,10 ... 507 50 ... 510
Orleans ..
415 ... 412 50 ... 412 50
Strasburg to Bale 415 "
JrNa 2.
DUTCH FUNDS.—A"STIIRDAII, Money. Hitt,
I)citttin'a, Idlitt t 5. fie4r 1C,ecenCt.en.t............". .. ... .. .... .. ............. Isj.i., 104:21Ze
1f,141, ,Ivvidie, 4I per cent .....
1111 }j 10 .k
t''.)niitist°o'ierdtitatlot'o3npapnevr,c4eT ......... ..... ..n..t.
Ditto (ms and 1837) 51'er cent. '
11:1''xagallige7l 5
on :‘er
Lolictronot,
Ttw1.1.c0..".1.7°0-11,;;'h;.'s: - 99
—Dutch Papers, June 3.
Actual Debt, per Cent. ........
......
___
Rothschild' s Loan. 5 per Cent .. . ... ...
Loan of Thirty Millions,
trier Cent..........
ent.......... 75
.Ilik UN DS.—Baussato. .. 0..7 it 3......

3 Per
Lean of City, IS3t2, 4 per Cent ............. ...... 110
..
Society of Commerce, 4 y.i per Cent ...........
Bank of Belgium, 5 per Cent...........—“•••••• 98
National Society...... ................. ... ..........
Exchange on London (short) ...• ••• 11 9734
-.Brussels Papers, June;2l.
. AUSTRIAN FUNDS.—VIENNA, MAY 26.
St. Schukt Sch.,
I per Conte. Mtialliques •........- ................ .... 111/I4
Fold r per Cents. ~.. ......... ~ ...... .......... ........... ...... 1014„
fhree pa* Cents. ........ ....." ............. ."."
.......
""
I'll(
Bank Shares ....... ..... , .............. ....................... 1876
—Allgemeine 2e4luttg. May 31
PRUSSIAN FUNIM.—/Seaciu,l4Ar SO
Bills. Money.
1021‘
Prussian Eoglish Loan 1830, 4 per cent. Icrai„ 1e2%
kactiange on London, three months... 6 19:
--Prussian Slate Garai', May 31.
41, per cent. ••••••••••••.10:1

CONSPIRACY AGAINST THE SCHOOLMASTERS.-It 13
scarcely to be wondered at that the priests, who have al-
waysconspired against learoing,should now have conspired
against its teachers. Though the schoolmasters cannot
equal the priests in wealth they probably exceed them
in numbers, and are not much behind them in influence.
The hulk of the existing population of the lower and
middle classes has been educated by lay schoolmasters,
and if they appeal to their scholars for support they may
yet beat their persecutors. Why should they allow
themselves to be trampled out of existence, or reduced
to be the passive instruments of a greedy priesthood ?
Without their ready formed talents and habits the con-
spirators cannot possibly cv:y on tho bush= of Elva.

tion, and if they do succeed, therefore, it will be the
fault of the schoolmasters. We understand that they
have formed a self.protecting society which has its head-
qnarters in London-and numerous ramifications through-
out the country. A part of their plan is to improve
instruction and thereby offer a better commodity to the
public. If they persevere on that principle, each man
being prompted by private interest, or even by the strong
stimulus of self-preservation, we think they will obtain
much support from the public, and eventually beat the
conspirators. One thing is certain, as soon as the priests
have obtained their immediate ends of getting the schools
under their control, they will relapse into torpor, while
private interest will keep the schoolmasters incessantly
watchful and diligent. On these grounds they think,
we understand, that they have no reason to despair ot
ultimate success.

ISLINGTON VESTRY.--Many of the inhabitants of
Islington will first learn, we have no doubt, from our
pages, that the few gentlemen who do the parish the
favour to levy all the funds they can, and expend all
they can levy, last night settled the rates for the cur-
rent half-year. They ordainf:d a rate for the pour of
2d. in the pound more than fur the corresponding halt-
year 1839, on a rental, increas,:d by nearly ten thou-
sand pounds, levying on the parishioners, under the
head of the poor-rate alone, 1,9901. more this hail-year
than' in the summer of 1839, and 3221. more than they
required for the wint,r six months. In short, twenty
or thirty persons ordained that the parish shall pay
156/. more for lamps this summer than last, and 40/,
more for the henefit of the Church. Tuey hare, it is
true, diminished by 1,2651. the sun) for high-way rates,
the ways of the parish being perfect. The principal
part of this business was transacted before the usual
time at which the ve.,try adjourns to church, and the
minutes of the preceding vestry have been read, so that
the men of business, to whom nothing is so pleasant..as
voting twine), except the spending of it, were whwiy
undisturbed in their pleasant asocations. Even the ad-
ditional sum for the Church was but feebly resisted ;
and though the parish abounds with Disenters, only
three attended to vindicate their rights of conscience.
Mere than one however, we believe, of those gentlemen,
who get un societies for the protection of religious
liberty, and who beg subscriptions from country contri-
butors, live in I-lington, but did not. attend to offer resist-
anceeven to this additional Church extortion. Yet these
talk loudly at times of their conscientious scruples, find
fault with the • Ministry for not abolishing Church-
rates, and even, when they have the opportunity, vote
against them. If they will not help themselves, the
Ministry cannot help them ; and to insure the legal and
final abolition of Church-rites, they must resist them in
their several parishes. The rate-payers of Islington
seem to us to have neglected their duty by not at-
tending the vestry, and opposing, if they could
not defeat, the junta. They have no ream)
to expect reductions in the State burdens, when
they will not reduce those of the parish. Why should
the kingly eagle be baulked of his prey by the twitter-
ing, however piteous, of the small birds, when they pa-
tiently submit to be preyed on by kites and crows?
To be sure the junta did not allow them much time
to assemble, for three rates out of the four were voted
in less than twenty minutes after the hour appointed to
take the chair ; this sharp practice being the new Ladies
of the Vestry Clerk, for which the parishioners have
lately been called on to give him 2001. a-year addi-
tjonal salary.

MONEY AND COMMERCIAL NEWS

CITY, TWELVE O'CLOCK.
We have received Canton Papers to the sth February.
Extracts from them will be found in another part of The
Sun.

We have received Demerara Papers to the 2d May.
" The Court of Policy is to meet on Monday. They
say there will be an application to appoint two delegates to
proceed home, for the purpose of being heard at the bar of
the House of Commons against the imposition on the
colonists of the new Civil List proposed by Governmeht.
A liberal provision to meet the expenses of this embassy
extraordinary will be voted by the Coucil of Ten."

Van Dieman's Land Papers to the 22. E of February
have been received.

The Lieutenant-Governor announces his intention in this
day's Gazette of leaving Hobart Town on the 22,1 inst.,
of being at S ring Bay an Thursday, 27th, and at Laun-
ceston on Tuesday, the 10th.

TREA'URY BILLS.—It is important to the public to
know that the Commissariat decline to draw bills for gold.
it bring their intei.tion to grant bills for 13i iti3h silver only.

Posted at the North and S.uth American C.ffets-hoase

" The iris arrived this day from China, bringing ac-
counts that a large force of Chinese soldiers were
preaching Macao, to seize C;ipt:.in Eliiot and the English
subjects. The Volage and _Hyacinthe were the only ships
of war in China. The ships Leyden and Vansittart hid
been seized at Whampoa, the entries,' considering the Iste
sale of these chips as ticiiti.,us. The Abet cronibie Robin-
son was taking in homeward cargo."

THE FUNDS.

Consols way be quoted at present at the leavinz off
prices of yesterday. 91i i ex. dividend ; Reduced. sna- / ;
Exchugster Bills, 26 28 prem. ; India Bonds, 2 4 prcru. ;
Bank Stock, 1761 177 ; India Stock, 2531 254
In the Foreign Market, Spanish Ac we, '261 27i ;
Deferred, 1231 ; Passive, 61 /; Portuguese, 35i if ; Tilfte
pet Cents., 24i i ; Colombian, 25/ 26 ; Brazilian, 761 77;
Mexican, 311 32 ; Dutch Two-and.a.Half per Cents.,
541 i ; Five per Cents., 104 /.
PRICES OF STOCKS THIS DAY AT ONE O'CLOCK.
Rank Stock 177 6 ' India Stock . _
3 per Cent. Red 91i1i Ditto Bonds ... ...... 4 2 pm.
3 per Cents. Con. — South Sea Stock
3i per Cent.
Ditto Red
Nex 31 per Cent.
New 5 per Cent.
Bank Long Annuities to expire Ditto ...... 5001. 25 27 pm.
Jan. 5, 1860. .. 13 11-16 a Ditto Small
Oct. 10, 1859.
Jan. 5, 1860. 14 13 15-16 Ditto Advertised 25 23 pm.
Jan. 5, 1880.
April 5, 1880.
Jan. 5, 1870.
FOREIGN FUNDS THIS DAY AT ONE O'CLOCK.
Austrian Bonds
Belgian Bonds — Ditto Account
Ditto Account — Portuguese Bonds —
Brazilian Bonds ... ...... 761 Ditto New Bonds
Ditto Account
Buenos Ayres Bonds
Ditto Account — Ditto Account —
Chilian Bonds — Prussian Bonds ..... ...
Ditto Account
Columbian Bonds
Ditto Account.
Columbian Bonds, 1824 Spanish Bonds .
Ditto Account — Ditto Account ...261 76 7
Danish Bonds ...... ...
Ditto Account — Defei red -.. 12a

Greek Bonds .
Ditto Bonds, 1825
Ditto Account —
Mexicanßonds,s per cent Exchange... --f. —c.
Ditto Account ...... ... Dutch, 2i per cent ... 54ii
Ditto,6 per Cent...... Ditto Accoun
Ditto Account ...... ... Ditto, 5 per cent lOl3
Neapolitan
PRICES OF SHARES THIS DAY AT ONE.
£. e. d. £. s. d. £. s. d.
RAILWAYS. Paid. Per Share.
Great Western
London and Brighton
London and Blackwall
London .and Birmingham 9O 179
North Midland
South Eastern and Dover
HALF-PAST ONE.
We have received the Journal of Antwerp of yesterday's
date.

HAGUE, JUNE 2.—lt is stated that after the vote of seve-
ral laws submitted to the discussion of the two Chambe s,
Government has the intention to close the actual session,
in c;se of the reception of the law on the revision of the
fundamental law ; there will be an extraordinary session
for the end of July or the commencement of the month of
August, and the second Chamber vl ill be convoked in
Novettiber.—Blurse of Amsterdam. June 2.
The Actions of the Society of Commerce have again
been offered, which has (mused them to fall again 1 per
cent. T:)e weakness of these :wick has been regulated i
tne other national funds, whicb are all lower, with the ex-
ception of !hat of Syndicat. The business done in Ar-
dom's Spanish was animated, their receding in ,London
and Antwerp caused them to fall to 25i ; but at this re-
duced price there were several purchasers.
The Custom.houte officers have seized the letters coming
from London by the steamer, owing to their having hills
of loading in them ; they have been sent to Brussels and
Antwerp.
Consols are a shade lower, 91i ex-div. ; Exchequer
Bills, 27 4 6 2 lower; India Bonds, 4 2 prem. ; Bank
Stock, 177 6)! lower.
In the Foreign Market Spanish Active a shade lower,
,
27 ; Portuguese not quoted ; Mexican, 33; Brazilian
76i ; Dutch Tne-and-a-fialf per Cents., 541 ; Five
per Cents., 1011.
Scarce anything doing in the Share Market ; nothing
worth notice.

DEATH OF LADY SKELMERSDALE.—We
regret to have to record the death of the above truly estimable
lady, the intelligence of whose demise reached town yesterday
morning. Her ladyship expired on Tuesday morning, precisely
at half-past ten, retaining, to the last moment, the composure
of a true Christian. The deceased lady was fully sensible of
the awful change that awaited her, and, after faking a long
farewell of the members of her family, who surrounded her
death-bed, passed into an easy slumber, never to wake again.
Lord Stanley. Lord Skelneersdale, Hon.:Richard 13. Wilbra-
1-nn, M.P., Hon. Captain Wilbraham, and Hon. Miss Wil-
braham, were in attendance on her ladyship to the last moment.
Lady Stanley and family have remained in town, the worst
being anticipated from her ladyship being at the dissolution of
her revered parent, owing to her (delicate health. Her late
ladyshi,, Miss Taylor, daughter of the Rev. Edward Taylor,
was married to is lordship in April, 1796, and leaves issue four
children---the Hon. Miss Caroline Wilbraham, Hon. Richard
13. Wilbraham, Lady Stinky, and Hon- Captain Edward
Wilbraham. The interment takes place on Tuesday next
at Skelmersdale Church, but a short distance from Latham
House.

We have heard with pain that Mr. F. Mathews,
of Covent-garden Theatre, met Ny itli a shocking accident on his
return to town on Wednesday evening from the races. Ile was
driving a four-wheeled chaise, when in the neighbourhood cif
Clapham his horse took fright, from a carriage passing hint
along the road; his chaise was overturned, and he was thrown
from his scat. Both his legs are dreadfully i"jured; one of
them is crushed at the knee. He was conveyed to tow n. and
placed under the care of Mr. Liston. On inquiry last night,
we ascertained that the report of the accident !LA not in any
degree been exaggerated. anti we regret. to my he is in a very
111 tx-pitioas gate.

EPSOM RACES

-

THE OAKS,
QUARTER-PAST TWO.

The crowd this day was not so great as on the
Derby day. In fact, there is not one to a hundred ;
but the day is beautiful, and the company select.
BY EXTRA3RD IN ARY EXPRESS.
The Oaks Stakes of 50 sovs. each, h. ft., for three
years old fillies, Bst 41b. Last mile and half.
The owner of the second horse to receive 100
sovs. out of the stakes, and the winner to pay
100 sovs. towards the expense of additional police

constables.
Lord G. Bentinck's b. Crucifix (J. Day)
Mr. Payne's Welfare, by Priarn (Nat) 2
15 Started.

CHAIN CLRY COURT.—crius DAY.

The Lord Chancellor took appeal motions to day.
DAVJES V. JONES
This case came before the Court upon an appeal mo-
tion from the decision of the Master of the Rolls, growing
an injunction restraining the defendant rout proceeding
with an action of ejectment against the plaintiff, to recover
the possession of certain lard.
The LORD CHANCELL,OR ordered the injunctiOn to be
dissolved, thereby reversing the decisiol of the Court
below.
V ICE-CRANCERY.—(THiS DAY.)

Short cathes and unopposed petitions oci up:ed tEa
Court the whole moriang.

EXLHEQU,Eit 6t)U;t --T ills DAY,

DOBREE V VA UDIIAN•
Mr Ceoworft appeared to show cause against a rule
obtained by Mr. Kelly calling upon Allison and Charlotte
Redcel, to show cause why an issue settled upon an inter.
pleader rule should not be amended. The facts of the
case were these ;--Vaughan was indebted to Dobree,
deceased, in the sum of 7001., which he paid by two cheques
drawn upon his bankers, Ransom and Co., for the respec-
tive sums of 500/. and 2001. Soon afterwards, Dobree
died, and the cheques were found in the possession of the
two Reddels, one of whom had been housekeeper to Mr.
Dobree, they alleging that that gentleman had given them
to them a few days before his death. The plaintiff was
the son and executor of the old gentleman, and brought
hissetion for the 700/. against the defendant, who paid the
snowy into Court under an interpleader rule, and the Red-
dels were substituted as the defendants. The issue settled
by Chief Justice Tindal was to try the right of property in
the cheques. The plaintiff now wanted to amend that
issue, in order to try whether the cheques had not been
post-dated, and whether they bore any stamp; and if so,
the proper one. The Learned Gentleman contended that
the Court could not put the executor in a better situation
than the testator was in before his death, and at
that time he could not have sued Vaughan for
the 7001., and proved either of the circumstances
now wanted to be given in evidence. His clients knew
nothing of whether the cheques were post-dated or not.
Mr. Vaughan was the only person who could tell that fact,
and the effect of the interpleader rule was to allow him to
become a witness, which was placing the women in a
much worse position than they ought to stand in.
Mr. Baron ALDERSON—It is quite clear that the exe-
cutor must have the right to question the validity of any
payment by the cheques. He has his action against
Vaughan fer the debt, and it would he for him to prove the
validity of the payment to the testator. The rule ought
to be made absolute, and the Court might impose terms,
vit., that Vaughan should not be examined.
Mr CROWDER said the real question to be tried was as
to the property in the cheques, and that would be properly
raised by the is.,ue as it at present stood The plaintiff
had already brought his action against Vaughan, thereby
denying the validity of the cheques; and he had also
brought his action of trover against the Reddels for the
recovery of the cheques, and so admitting them to be good.
There c"uld be nu question that the cheques were good,
the only question was whoa • property they were ; that was
the real question, and he trusted the Court would not
alter the issue which would try that que-lion properly.
The Couer, without c tiling upon Mr. Kelly, said the
rule must be made absolute. The executor had a perfect
right to question the validity of the cheques in smile way
or other. It was questionable, however, whether Vaughan
had a right to the interpleader rule; they would, here-
fore, save to Mr. Crowder the right to apply for a rule to
act it aside.