The Sun.
London, England, 1841-01-22 00:00:00

EVENING EDITION

11P,..3,N 1.; Y :;',I AiiKE T ap.:l CITY Pe li, %1/2f' .t.'

- -

(THURSDAY E','ENING.)
CURONICLE.IIIen Mr. Hume, in the month
of July, 1839, moved for the appointment of a Se-
lect Committee to iequirr into the pecuniary trans
actions of the Bank of England since 1819, and
how far there trans actions had been connected
with the crisis in the Money Market of 1825-6 end
1836-7, the Chancellor of the Exchequer opposed ;he
motion, upon the ground that it was impossible to bring
any such inquiry to a satisfactory issue at that advanced
period of the session, and because it was inexpedient to
enter upon it when the excleteges were unfavourable ; but
he at the same time observed, that " the time might come
when, previous to making any change in our banking sys-
tem, a searching inquiry ought to be made into the whole
question of the manner in which the Bank of England has
managed the monetary affairs of the country, and on what
terms it might be proper to renew the engagements
of the country with the Bank." That time has
come. A Committee of the House of Commons has
made considerable progress in the inquiry. 'rimy
have reported a volume of most important evidence,
showing that the " perpetual ups and downs," as
Mr. Hume expressed it, and the continual fluctuations to
which cemmerce has been exposed since the year 1832,
have beer, chiefly produced by a deviation on the part of
the Bank from those principles of management recom-
mended by the Committee of that year, as the rule of con-
duct upon which the monetary system of the country
should be regulated. We can scarcely believe, thereore,
;hat the Government have compromised themselves b)
agreeing on terms with the Bank Directors, so as to stifl
further examination, and to put an end to the proceedings
of the Committee, before they have been able to ge
through even one branch of the subject, and before the
conduct of the joint-stock and private banks has been ex-
amined. Such, however, may be the case ; for Lord
Althorp, after appointing the Committee of 1832, came
forward in 183:3 to announce that it would be unnecessary
to continue the Committee, as he intended to lay spe-
cifier resolutions before the House, but the precedent
would not justify a similar course of procedure.
The dereliction of principle exhibited by the Directors
of the Bank in 1835-6, and in 1839, after the deti,
cient harvest of 1838, have caused a most important
change of circumstances, and given the public a riles'
unequivocal right to insist for a full and unrestricted haves-
tigation before the charter is again renewed, to protect
society from a recurrence of ouch fatal management ; and
much as we should hail the acknowledgment of the prin-
ciple cf Crown interference and perfect publicity of ac-
counts being engrafted upon the constitution of the Bank
of England, borrowed from that of the Bark of France,
the country would have just cause of complaint if any
bargain were now patched up of that description between
the Bank and the Government. Mr. Clay, the Honour-
able 11,1mher for the Tower Hamlets, now a member of
the Government, observed in the course of his speech
in 1839, that " the public were beginning to feel
;hat a function so important es that of taking care
of the currency, on the right discharge cf which not
only the prosperity a the country at large, but Ilia
fortune of every individual, it might be said, in a great
degree depended, ought not to be left to any treaty
of men, but ought to be left to the control of the supreme
authorities. Whatever benefit or advantage there might
be accruing from the substitution of paper fir gold as a
currency ought to belong to the people." That feeling
has greatly increased since Mr. Clay delivered his speech ;
the publication of the evidence of the Committee has
caused it to take deep resat, in the public mind. It is sup-
ported by men of great experience as bankers and mer-
chants, and the Chancellor of the Exchequer may find
himself awkwardly situated if he should have allowed
himself to be cajoled into any premature arrangement by
the friendly accommodation of the Bank parlour. The
prevalent feeling is that the duties of the Directors to their
proprietors is so directly at variance with their obligations
to the public, that it is impossible for them to discharge
with fidelity their great public duty of regulating the cur-
rency of the country. The regulation of this currency, as
stated by the Honourable Member for Leicester, " ought
to be entrusted to men who had nothing else to do ;
the managers of the currency ought to have no other
duty to discharge ; they ought to be responsible to
the public, and to the public alone." He wished to
see a clear and faithful publication of the condition of the
Bank. Ile wished to see every merchant who would take
the pins able to watch the amount of bullion in the Bank
as easily as the time by the clock. Those opinions find
advocates in every quarter of the country, and it would be
an unwise policy to disappoint the expectations of the pub-
lic by telling them that the matter was settled, and that the
Government thought differently. But, nevertheless, if
we could obtain perfectly publicity, if the accounts of the
Bank of England were as free from mystery as those of the
Bank of France, so that the Directors could answer
strangers in the same words as the Governor of that Insti-
tution answered Mr. Hume, " Our house is a house cf
glass; every man may see our transactions,"—a material
step would be gained for the public good. At present
the Bank of England is too much a house of paper ; and
its transactions are nearly as secret from the public
as the decrees of the famous Council of Venice. The
transactions of the Bank of France are printed
every day, and returns made to the Treasury. A
half-yearly account of their actual operations is published
every six months, and a complete balance sheet every Scar
is exhibited of their whole affairs. The greatest confidence
in the operations of the Bank accordingly exists in France.
Then the Governor and Deputy Governors arc appointed
by the Crown, and the offices are of a permanent char-
acter. This brings us back to the principle of Crown in-
terference and Parliamentary control, land we arc for the
adoption of that principle to the fullest extent. We ac-
knowledge the difficulties which present themselves in
striking the line ; and that it may be necessary to pro-
ceed at first with caution ; but this only proves the ne-
cessity of full and deliberate inquiry before coming to a
conclusion. An idea has been started of auljscting
the transactions of the Bank to the ordeal of the
Crown lospectors ; ail so far good ha its way ; but the
mere right of inspection, without the power of control,
would be little In tur than nomimal. The principle of
Crown interference must go heycnd that point a long
way, otherwise it will be of small benefit to the
people. A system, however, of Crown inspection, if car-
ried out as a principle, so as to include all banks of issue,
might have a very salutary effect. Supposing that the
charter of the Bank of England is to be renewed, under
the moddications to which we have alluded, and that the
'seal and country issues are also allowed to continue on
their existing basis, the appointment of Government in-
spectors would be the means of compelling the whole to
act in harmony, to avoid over issues, and, of consequence,
sudden contractions, and thus obtain greater steadines: of
prices.

Yesterday we passed some rather severe strictures upon
the avowed principles of the leaders of the country banks
and joint-stock establishments, in respect of their refusel
to regulate their issues by the exchanges and the bullion
in the Bank—a question of deep importance to the future
prosperity of the ccuntry, and one which ought to
be provided for by legislative means. All banks of
issue ought t) be subjected to the same whole-
some principle of regulating their issues, and the
periodical publication of their assets and liabilities
should also Le enforced. By these means, and the
agency of Government inspectors, much good might be
done. We have grave dout:ts whether the leading joint.
stock bankers really believe the doctrines which they
preach. We are persuaded, at least, that they will soon
become sensible of their fallacy, at present they are elated
with success, and finding their power and influence ra-
pidly increasing, they see no bounds to the spread of their
dominion. Thus they arc bold enough to grasp at the
monopoly of the entire circulation of the country, under
the guise of " free banking and competing issues."
It is a vain imagination ; they should be wise in time, lest
in trying for too much, and in attempting to catch the sha-
dow they loose the substance. They must recollect th
it
success is not always a test of merit, and be contented with
the profits of their legitimate position. The country is sen-
sible of the advantages of their system. They know the
additional security afforded them by a large proprietary
but they aro not blind to the imperfect'ons of the,
system. It is faulty in many respects to which we have
elludid on former occasions, and need not now repeat far.
ther than this, that their deeds of settlement ought to b.!
subjected to the inspection of a public officer; that all
establishments issuing paper money ought to have a certa'ri
amount of piid up capital before commencing operations ;
ar,d that lists of their partners should be furnished to the
Stamp-office, and published in the Gazette. We desire
to do even-handed justice to all, preferring, as public jour.
nalists, the rights of the people to those of any class of in.
dividuals. While, therefore, we hive opposed the system

cif private issues, we must give the joint stock and private
banks the benefit afforded by the state of their circulation
compared nith the Bank of England, from 1834 to 1839,
as exhibited by the returns read to the House of Commons
by Mr. Hume.
The circulation and deposits of the Bank of
England on the Ist of July, 1834, were ,f,33,991,000
On the I;iLh of ll,:ccmber ditto

A decrenc of X3,42:),000

Oa the 28 July, 1835
And on the 15!11 of Dvcealba ditto 35,050,000

£5,167,000
Ail increase of

On the Bth of March, 1836 £34,705 000
On the 15th of November ditto
A decrease of .-E4,480,000

On the Ist of May, 1838 .................... ••• X 30,000,000
On the 25th of June, 1839 ..............•••••• 25,668,000

A decrease of ...........•• ..• -C.1,422 000
We have taken these figures from the re
Ivturns in the apese
-
pendix to the report. On comparing
in them ith th
given the report of Mr. Hume's speech, bar Hansard,
the exact
we find some discrepancies. Mr. Hume, for insta, '
makes a decrease as at the 16th of December, 183 "cci
private and joint-
-6,000,000/., instead of 3,425,0001., but the Hon 41,11,7-
Member was speaking in round numbers, and °u"---e
results are as we have stated them. Their fluctuations,
Ga:zette
contrasted with the operttions open th
leo-1 to 12,259,4671.,
stock barks during the same iod ot t•
ime, tell very
strongly in favour of the latter, as the
'returns; but then
greatest variation
in their circulation was from 10,15,-)
or 2,107,363/ ,according to the
the returns of the Bank of England,
telshoiuseirc'auslagtilovtet
circulation
the private raid
joint-stock
The laq number of the Ed". b nalobnye.Mr.
articles, generally passed ever,c.l urgh I?evicu, has two able
Heavies," b,:cause . under the dcncminaticn of
Array of figures. The they happen to exhibit a startling
firste of these is headed " WfOngS
and Claims of Indian
torn Duties_Etreet of th'l7crc:;." the second, " Cu:-
contain much valuable el°tcet've
System
;"
and
they
character, interetino.,toti information of a financial and fiscal
lIICITC, and instructibve to .
is founded chiefly(e engaged in trade and CO!l-
-on
the. all classes of
.society. The first
Ile late Select ~.oTeport.and evidence taken before
t U raillittet.; in the House of Lords;

and the second on the report and evidence on import
duties by the Select Committee in House of Commons.
So much has been said already, and extracted in the news-
papers from both of these important parliamentary papers,
that it may appear superfluous to make them the subject
at present of fresh remarks. We find, hoe‘ever, so
much of the essentially useful parts condensed in
these articles of the Review, and placed iu such a

practical and popular form, that we cannot refrala
from transferring a portion to cur columns. It is stated
that the East India Company annually draw a sum of
about 3,400,000/, from the revenues of the;territoriesiwhich
they .administer, applied to the home expenditure, the
whole of which, with the exception of a fraction remitted
in payment of military stores, is a direct and substantial
transfer from the income of India to that of England. Be-
sides which, the remittances on account of private fortunes
average fully 600,000/., so that the gross amount of public
and private remittances from India, for which this country
makes no return, is not much, if at all, over estimated at
4,000,000/ per annum, equal to the purchase of our ma-
nufactures to the value of 20,000,000/. per annum, over
and above which India took, in the three years ending in
1835, British manufactures to the value of 3 817,000/.
per annum. The high import duties charged on spirits
made from the Indian sugar-cane, in comparison
with these levied on spirits the produce of, and im-
ported from, any British possession in the West Indies,
America, or the Mauritius, era discussed, and are
shown to have shut out East,lndia rum entirely from the
home market. We have tho following facts as regairds
the effs.ct of the breaking up of the slavery system on West
India sugar. The sugar imported into this country front
the West India colonies in 1839 was less by more than
1,200.000 evrts. than the average of the five years ending
with 1832 ; and less by nearl., 500.000 cats. than the im-
posts cf 1837, which again were considerably smaller than
those of any year since 1614.
The report of the Select Committee of the House of
Lords laid down, as a gemiral prirc;ple, that commercial
regulations affecting the iritcrcoune between the mother
country and the colonial dependencies should be one of
perfect equality, but found that the " state of transition" its
which our colonies were placed by the abolition of slavery,
made it inexpedient to apply the principle of equality.
In that opinion the public, we believe, coincides,
and the high price paid for cur colonial sugars to
the exclusion of the slave grown, in addition to the
purchase price of 20,000,0001. compensation money,
affords abundant evidence of the sacrifices which the people
of this country cheerfully suffer to free the nation from the
stain of slavery. The Reviewer, however,:as an advocate
for India, shows very fie eddy that British India is also: in
a state of transition, by the decay of native manufactures,
and especially of her cotton. The cotton fabrics of Eng-
land are admitted into India at 31 per cent. duty, while
• the products of the rude industry of India are charged
in Great Britain a duty of 10 per cent. The Dacca
muslins arc also annihilated, and the silk trade is falling
away rapidly. The article on Custom duties reminds us
that seventeen articles yield nearly the whole of the CesteM
duties. Out of a schedule of 1,150 articles, producing
22,962,610/., seventeen articles produced 21,700,6301. in
the y ear 1839. demonstrating, as remarked by Sir Henry
Pat nell in 1829, that our Custom duties have been framed
by persons but little acquainted with the principles of trade
and finance, without the slightest consideration for the
feelings and convenience of individuals, or for the increase
of foreign commerce. Mr. M'Gregor justly says, that as
a fee; articles pay nearly the whole revenue, the duties on
all others are nothing but burdens, restrictions, and delays
on the industry and prosperity of the country. He has
accordingly prepared a new table of tariff duties, reducing
the whole to twenty articles, the adoption of which would
lead to great simplification in carrying on the business of
the Customs department, and to a considerable diminution
of charge in the collection. By tracing the effect of the
present protective duties on each end various articles of
consumption, it is shown that no less than a fourth of every
man's expenditure is paid to uphold an unsound and anti-
commercial system, which teeneratss in every instance a
greater or less degree of indirect taxation of no avail to
the Treasury, and by which the revenue suffers a loss of
nearly 6,000,000/. a year. The taxation imposed upon
the country by the duties on corn provisions and protec-
tions is far greater, in fact, than the amount of taxation
paid to the Treasury.
It is most justly remarked that such a state of things
having been allowed to grow up is to be attributed " to
the ignorance of the community" with respect to all sub-
jects connected with their wants and the circumstances
that affect prices. There is not, probably, one man in ten
thousand who is sufficiently informed to know that a pro-
tecting duty raises price: and that this additional price is
a tax as much as that on helices is a tax. Those who are
interested in maintaining the present system have induced
ell the rest of the community to believe that in paying
acme forty or fifty millions a year for the commodities they
consume more than they need to have paid, they have
been all the while adding to the wealth, power, and pro-
sperity of the nation. The working classes should be in-
structed by the spread of that really useful knowledge
which explains to them the causes by which they are com-
pelled to pay exorbitant prices for the necessaries of lite.

POST.—It turns out that the failure noticed by us yes-
terday, namely, that of Messrs. Garry and Curtis, is but a
very inconsiderable one. The friends of Mr. Garry, who
is the inmate of a lunatic asylum, are understood to have
been pressing upon Mr. Curtis the settlement of a claim
on behalf of that gentleman, which the circumstance; of
the house would not fairly admit of. Proceedings have
been taken in the Court of Chancery for the accomplish-
ment of the object, and the immediate cause of the stop-
page is said to be the determination of the other partner
that no undue preference should be given. In the absence
of an adequate amount of funds to meet the claims of the
creditors of the firm, the representatives of Mr. Garry can
of course have no right to appropriate a farthing of the
assets. 'Whatever excitement was produced by the an-
nouncement of the failure in the first instance has already
died completely away.
Another case rf suspension was talked of yesterday, but
it was so petty en affair that we purposely refra!ned from
making any mention of it ourselves. The party arc in the
wine trade, and their lieb:lities may, it is considered, reach
some sir. thousand pounds. There would Le no necessity
for noticing the matter at all but that it hes fouad its way
into the columns of some of our Contemporaries, and that
without explanation its importance might be magnified,
.
The tea market ha: assumed, since the news was re-
ceived England of the probable adjustment of our dis-
pute with China, an appearance that attracts the serious at-
tention of the general merchant, as well as thoso immedi-
ately engaged in the trade. It will be recollected that in
the spring of 1839, immediately preceding the quarrel at
Canton, the prices of common congou teas were is. to is.
2d. per lb. From this they advanced somewhat rapidly to
33. 24:, the highest point in February or March, 1840;
and it is almost needless to state that during the ad-
vance large and numerous speculators were constantly
in the market, the opinion entertained being, that
no supplies, or, at least, supplies to a very limited extent
only, would come forward from China in the year 1810.
But as the year proceeded cargoes were received, and
prices declined to 2s. per lb., subsequently advancing to
2s. 64., as the warlike expedition made progress, and the
expectation was prevalent that the blockade would eff.,c-
tually step supplies for the year 1841. The rates, how-
ever, from various causes relapsed to 2s. 13. per lb ; and
when the last overland mail, the intelligence brought by
which proved so ruinous to the speculator, arrived, they
were about 2s. 21. per lb. A sudden light burst upon the
trade. Prices went down en the day to Is. 6(1. ; they then
rose to Is. SA-d., and are now nominally about Is. 61. per lb.
A fall of nearly 33 per cent. on the stock on hand, sorme
-18,000,0001b5., is appalling. The effect of such a fall is, it is
true, widely spread, though all sufThr pro rata, from the
needy retailer to the wealthy importer or the equally,weal-
thy speculator ; but an aggregate loss of 1 250,0001. ster-
ling has to be borne by the parties collectively. During
the first week of the decline, it was hoped that the im-
porting houses would be firm in withholding their stocks
from public sale, and that the reritietion in value would
induce purchases by the trade, as speculators. This hope
has net been realised. At the public sales which took
place a day or two ago low prices were accepted, but about
one•third only of the quantity offered found ouyers. Since
then large sales have been notified for next week, and
it
is now dacult to quote actual prices. The result of this
speculation: may probably be like that of others which are
occasionally entered into. From the precipitancy and un-
steadiness of the sellers, prices may go lower than the po•
litical asrect of affairs, as they now stand, at all warrant:
a'though it may be contended, and with reason, that
prices are still higher than they were previous to the.rup-
ture with China. Under this doubtful state of tslnrke,
.
commercial anxieties of a painful nature must necessarily
exist in the breasts of those who happen to be at noted o-
it'y
interested in the issue. The commodity was q
day as low as IS. 9d. per lb.

TI\I F.S.—The late study advance in the price of
Bank Sock, which still continues, end has reached 14 o:
15 per cent., without any re-action, gives risc to number.
less conjectures as to the cause of it. rho explanation
more generally edopted is, that the Directurs have some
secret under6ta„,fing With Ministers, from which they
gather that the ordeal of the pending inquiry will be passed
through safely, and that their charter and their sources
of profit %vitt net be interfered with. Along with this
secret arraugement certain checks are devised and
pointed out by which the en-tide:ion is to be placed
under better menagernent. All this may be safely taken
es mere conjecture and nothing else, as Alinistere
whatever ?flier faults they may have, are incapable
of committing such an absurdity as that described, with
the more important part of the inquiry still before
them. There seems to be no mystery, however, in the
affair. Bank Stock is a security by no means extensively
dealt in at any time, therefore easily depressed or raised
by sales or purchases. The late inquiry and the notorious
difficulties of the establishment, especially in the affair of
the loan from the Bank of France, had shaken the confi-
dence of the proprietors, many of whom withdrew conse-
quently from the concern, which they did not accomplish
without a considerable sacrifice. This alarm having now
in part subsided, end the stock yielding a higher interest in
proportion than others, has again been selected for invest-
ments, which have produced a rise altogether out of pro.
portion to their amount. The opinion of the most experi-
enced members of the Stock Exchanger is, that no other
cause for the advance need be looked for, and that the
Bank question remains just as it was before it took place.
The mai kets for the public securities" were !passive
throughout the day, and the only bargaies were the in-
vestments made on private account. As accounting for
this, may be mentioned the absence of the French mail,
winch did not arrive till business was on the eve of closing,
and es the news by it was not of any special moment,
things were not particularly affected.
It is noticed among mercantile men, as an omission in
the treaty about to be concluded with China, that no ar-
rangement is hinted at ('f a nature to place our trade with
that country en a better footirg in future. What they ap-
pear to desire is-
1. An admission of the right of British subjects (with
due protection by the Chin( se Government tf their per-
sons and property) to reside at and trade with Amoy,
Ningpoo, and other leading commercial ports of China,
i as well as at Canton, to which they are at present confined.
2, The ab;;litiwa of all Hogs or Corporations, or ethos'

EVENING EDITION'

monopolists, endowed with the exclusive right of transact.
lag with foreigners ; and a free option on the part of the
British merchants to sell their goods to and to purchase
Chinese produce from such parties as they may think ti:
3. The abolition of the Consoo Fund, and all other
arbitrary and exorbitant imposts on British! ships and
.commodities, and in lieu of these the establishment of such
fair and defiued import duties as shall enable the British
merchant to calculate precisely what he is to pay, and as
shall protect him from the extortion of Mandarins and other
Chinese authorities.
4. The .recognition of the British Consuls, or other su-
perintendents of British interests, at the various ports to
which our commerce may be admitted, and the privilege
of these, as well as all the other British subjects, of di-
rectly potitioning the general Government at Pekin for
redress of grievances.

3. That—a
British Ambassador or other r,prescntative
of the British Government, permanently resident at Pekin,
should be recognized by the Chinese Government, as such
a representative would constitute the best medium a com-
munication between the British Government and subjects
and the Government at Pekin, and form the most effectual
preventive of that system of fraud and deceit on the part
of the local authorities, under which occurrences at the
uutports have been utterly falsified, and the truth excluded.
These suggestions are highly important, and will no
doubt receive the attention of Government, as it is under.
stood that they have been submitted to Lord Palmerston
by Mr. Alexander Graham, a manufacturer near Glasgow,
who may be said to describe in that respect the feeling of
the mercantile interest of London also. All are perhaps
too sanguine, however, in supposing that any rapid pro-
m-cgs can be made in such matters with the Chinese.

SUN.—The French Mail came in this afternoon
and brought over the Funds rather flat, owing to the
expose of the Finance Minister.
The irregularity of the Provincial Mails since the
frost and snow have visited us this winter, causes much
inconvenience to the merchants. The Post-office List,
which, in the regular course, appears early in the day, is
now often delayed until the afternoon.
We have had a good deal doing in the Funds to-day,
and prices have been on the whole rather more buoyant.
Consols at the close had got up from 8n- to 89:4- for
Money, and from 89Z- 90 to 90 and 90i for the Account ;
Exchequer Bills still look rather heavy, the Bank broker
being supposed to be gradually easing some of them off,
the premium was 6s. to Bs. ; Bank Stock was firm at
170 to 171, and East India Stock rose, to and
; the New Three per Cents. were 98i to 971-,
and the Three per Cent. Annuities, 90 to 90-,1, ; East
India Bonds were 4s. to 103. discount.

In Foreign Stocks there was no animation. Spanish
Active Bonds were marked at 2-11- to ; the Deferred
121 ; Portuguese New Five per Cents. ; and the
Three per Cents. at 201 to 1, being all within a fraction
or so of the previous rates ; Mexican Bonds were 28i ;
fiblombian 2:31 to ; Buenos Ayres 20 to 21 ; Bra-
zilian 73 ; and Peruvian 16 ; French Three per Cents.
were done at 77 francs ; Belgian Bonds at 99 to 988 ;
Austrian 109 to 109± ; and Dutch Two-and-a-half per
C(nts. at 508.
The Railway Shares were dull. Great Western
were 26 to 279 ; the New 121 to 13 ; the Fifths Gi ;
the London and Birmingham 83 ; and the Greenwich
scrip If premium ; Brighton were G ; Greenwich 111 ;
and Midland Counties 20 discount.

The large public sales of cotton to-day went off with
considerable spirit.

NEW !Lk:ALAND.

The colony .ts to be entirely separate from and in-
dependent_ of'New South Wales.
X local legislature, to be composed for the present of
the chief officers of the local government and some of
the chief inhabitants, is to be constituted to make laws
for the peace, order, and good government of the colony.
With respect to all lands acquired in the colony under
any other title than that of grants made in the name
and on behalf of her Majesty, it is proposed that the
titles of the claimants should be subjected to the inves-
tigation of a commission to be constituted for the pur-
pose. The basis of that inquiry will be the ass.srtion
on behalf of the Crown of a title to all lands situate in
New Zealand which have heretofore been granted by
the chiefs of those islands, according to the customs of
the country, and in return for some adequate consi-
deration.

An account of all the just and moderate expenses of
the Company hitherto incurred in forwarding the colo-
nization of New Zealand to be made out, and the Crown
to grant the Company as many acres of land as shall
be equal to four times the number of pounds sterling
which they shall be found to have expended in the
manner stated. The lands to be taken by the Com-
pany in the neighbourhood of their respective settle-
ments at Port Nicholson and New Plymouth.
The Company to forego all claim to any lands pur-
chased or acquired by them in New Zealand, other than
the lands so to be granted to them, and other than aay
lands which they may hereafter acquire from the Crown,
or other persons deriving their title from the Crown.
It is proposed to apply to all other British subjects
the rule to which the New Zealand Company will be
subject in respect of the lands claimed by them within
the colony. That is, all other persons claiming land
there, viWt have confirmed to them by grants, under the
pub:le seal, as many acres as shall be equal to four
times the number of pounds sterling invested by them
in the manner mentioned in the arrangement with the
New Zealand Company. This advantage, however,
will be offered only to those whose lands were ac-
quired before the .sth day of January, 1840, the date
of the proclamation issued by Sir George Gipps on the
subject.

Lord John Russell will instruct the Governor of
New Zealand to recommend to the local legislature the
enactment of a law to incorporate as a municipal body
settlers who have at the charge of the Company resorted
to l'ort Nicholson and settled themselves there or in
that vicinity.

For the present her Majesty's Government engage
that all sums of money which shall be paid by the Com-
pany for the purchase of land in New Z!aland, shall,
whenever such money shall be paid in this country, be
laid out in the removal of emigrants to New Zealand, it
being left to the Company, from time to time, to deter-
mine whether such money shall be so laid out by the
Commissioners of Colonial Lands and Emigration, or
by the Company themselves, under the superintendence
and with the concurrence and sanction of those Com-
missioners.

The native reserves made by the Company to be
sane►ioned by the Crown.
With regard to the incorporation of the Company,
her Majesty will be advised to grant a charter for the
term of 40 years. The charter to contain all such con-
.fitions as may appear to her ALljesty's Government to
be necessary for the good government of the Company,
and for the security of the public in dealing with them ;
and to contain provisions enabling the Crown to resume
charter, sod purchase the lands and ether property
of the Company on ju,t and equitable terms, in case the
public interest should require such resumption and pur-
ch India Telegraph.

THE PEEL FAMILY. The introduction of
eftlico-printin;.T iota Lancashire is ascribed to the Messrs.
Clayton, of Bsmberbridge, near Preston, who began the
business on a 'mall scale as early as the year 1764. They
were followed, and with great vigour, by Mr. Robert Peel,
the grandfather of the present Sir R. Peel. Mr. Peel was
originally a yeoman farming his own estate, and lived at
Cross, afterwards called Pee!fold, near Blackburn. Being
of an active and enterprising disposition, he began the
manufacture of cotton, and he is mentioned as one of the
first prsona who ti ied the carding cylinder. He also
took up the printing business ; and he made his first expe-
riments secretly in his own house ; and the cloth, instead
of being calendered, was ironed by a female of the family,
the pattern adopted bring a parsley leaf. Stimulated
by the success of his experiments, he embarked in the
printing business with small means and convenience,
and shortly after removed to Brookside, a village two miles
from Blackburn. Here he carried on the business for
some years with the aid of his sons ; and by great appli-
cation, skill, and enterprise, the concern was made emi-
nently prospercus. His eldest son, Robert, afterwards
created a baronet, possessed strong talents, which he
devoted assidu us!), to business from an early age, and
thus cantributcd much to the success of the piloting,
spinning, and manufacturing businesses ; and in each
of these branches the P;:c Is soon took a lead in Lan-
cashire. They eagerly adopted every improvement
sucgcsted by others, and many improvements origi-
nated in their own extensive establishments. As the
elder Mr. Peel had several sons, Robert quitted his
f.ther's concern about 177.3, and established him-
sclf with his uncle, Mr. Haworth, and his future f;.-
ther-in.law, Mr. William Yates, at Bury, where the
cotton-spinting and printing trades were carried on for
many years with pre-eminent success, and on a most ex-
tensive scale, and are, indeed, continued, though in other
hands, to the present day. Mr. Peel, the father, with his
sons, and another, Mr. Yates, established the print-works
at Church, and had also large works at Burnley, Salley
Abbey, and Foxhill Bank, and spinning mills at Aliham,
and afterwards at Burton-upon. Trent, in Staffordshire.
Su widely did these concerns branch out, and so liberally
and skilfully were they conducted, that they riot only
brought immense wealth to the proprietors, but set an ex-
ample to the whole cotton trade, and trained up many of
the most successful printers and manufacturers in Lan.
eashire.—Baines' History oldie Cotton Manufacture, -
JOULPH ADY AND THE POST OFFICE.--Sir
Peter Eaurie yid the Press have nearly put an end to
Mr. Ady's benerialent intentions of informing persons of
" something to their advantage," for the trifling fee of a
sovereign. Like some other public benefactors, his name
had become somewhat notorious, and of late nearly all his
obliging letters have been returned.
in the
Office au-
thorities, finding a great accumulation the returned
letter department, directed their solicitor to take the ne-
cessary steps for compelling Mr. Ally to take back his
14ters, and pay the double postage owing thereon, which
As found to amount to the sum of 2301. Several appli-
cations were made without success, and Mr. Peacock, the
solicitor, probably conceiving that legal process would he
equally unavailing, the suit has not been pressed, and the
Post Office abandoned the claim upon Mr. Ally's promise
to prepay all his future correspondence ; thus ensuring to
the department a considerable increase of revenue and re-
lieving the public from future annoyance. Ady complains
bitterly of Sir Peter Laurie for haying impounded his
books, owing to which circumstance he asserts that he has
already lost between 2,0001. and 3,000/. whilst many
other individuals have lost the opportunity'of succeedin,,
to handsome fortunes.

SPIRIT of the PUBLIC JOURNALS

FROM THE EVENING PAPERS OF YESTERDAY.

(From the Globe.)
A little while ago we offered sonic remarks 'n expla-
nat.on of the cause of the Post-office Revenue not cor-
responding in amount with the increase of letters, which
is to be attributed to the fact that the letters charged
double for non-payment in advance have been reduce!!
from 20 to 3 per cent. ; and to the fact that the railway
conveyance of the mails, which had beets t'eso(teri. to
before the penny postage came tit'd Ol••ittion, had occa-
sioned a great ineteasie of e!tpenditure, having no relation
to that excellent measure. During the same period, other
changes of great public utility hive been adopted in our
Post-office arrangetrects, which, so far as they occasion
an increase of expense, diminish the net produce of the
revenue derivable from this source: There Are two
which we are desirous to records as well to show that
the energy which has been of late years directed to the
administration of Post-office matters is still in action, as
to account for these seeming can ox backwardness
in the Post-office reveno.c, which it pleases sundry
carpers at the penny postage measure to refer to
it. The tNo to which we allude are the " Money
orders," and the " Registration of letters.', The
former have not long been In operation, but they
have increased to an extent of which few people are
aware. In short the Post-office promises to be a great
honking establishment ; to be the medium of communi
cation for small payments from end to end of the king-
dom. 'l. he necessity of growing up to the demand for
this accommodation prevented the arrangements from
being too suddenly extended. Of late, however, the
places where the money orders may be obtained and paid
have been increased in number ; and they are at all
times paid through bankers, This part of the Post-
office arrangements is far from being in a state of
completeness ; but it is to be remembered, that in so
busy an establishment, with dail;: demands on its exer-
tions fully equal to its force, and admitting of no de-
lay, the greatest caution must be observed, to prevent
the slightest irregularity and disorder. Hence improve-
ments can rarely be introduced on a sudden, a! 1 in all
their completion, and the effect of one must I. • ascer-
tained before another is attempted. The "
l: •istra-
tion of letters" is the other important impro, 'rent.
The rate, one shilling, is high ; but we believe i: 's at-
tributable to the fear of embarking too hastil in a
new branch of service, and that a reduction may ex-
pected when the success of the experiment shall b rully
tried. In saying that the rate is high, we by no
means would be supposed to advocate the allowance
of the accommodation but upon terms that should in-
demnify the public against the charge thereby incurred.
It has been too much the fashion in modern times to
abolish fees, where they are fairly exigible for peculiar
and much valued service. In consequence, the charge
in such cases has been thrown on the general revenue,
which, from being exposed to burdens of this kind, as
well as those which properly belong to it, have rendered
it necessary to reject undertakings of admitted public
utility. We believe that it will be found, should the
matter be referred to in Parliament, that the progress
of the Post-office measure is fully equal to fair expecta-
tions ; and that there is the best reason to believe that
it will eventually, and that at no extreme period, realise
the anticipations of its projectors.
(From the Standard.)
. .

We have in England a sedition somewhat analogous
to the Repeal sedition, though contemplating objects
far less dangerous to the community than those of the
Repealers, and actuating mon, how much soever now
mistaken, much more mild and rational than the mass
of the Romanist Irish. Let us, then, for a moment,
suppose Chartism in England occupying the same po-
sition occupied by repeal in Ireland. Let us imagine
Chartism so generally adopted by the mass of the po-
pulation, that no meeting not strictly Conservative, for
whatever purpose called, should be held together an hour
without declaring itself a Chartist meeting. Let us figure
to ourselves the Chartists already numbring a sixth of
the representatives of Great Britain, or about 92 Mem-
bers, some Peers, and a great majority of the clergy,
Established and Dissenting, as belonging to their
body, with a great many persons in all other
ranks ; finally, let us picture this body as organised
having wardens and collectors in every parish in the
island, holding a parliament with weekly sittings, levying
a considerable tax, and commanding all the non-Censer-
vative Press. There is something which we cannot so
easily suppose, even for illustration ; but it must be
added to complete the analogy. Let the whole Chartist
machinery be conceived to be moved by the worst
man living, the bitterest enemy of the British Crown
and empire—he, acting by command of a foreign con-
spiracy, at war with civil and religious liberty in every-
part of the world. Would Chartism in such a posi-
tion be " powerless and hurtless ?" Let Englishmen
judge from what they know of Chartism even in its
actual puny condition. But what we have represented
Chartism in our hypothetical sketch, is the severe truth
of repeal. it is already strong enough to endanger the
integrity of the empire—give it a little longer time for
growth, and it will be irresistible, except by a deadly
civil war. We return to our question, " Will Minis-
ters dare to do their duty, or will they dare to leave it
undone ?" Their organs have three days to answer the
question.

(From the Courier.)
The words of a public man occupying a position so
high, politically and socially, as the Duke of Bucking-
ham, and one so little used to deal in empty verbiage,
carry weight and significancy with them, on occasions
when from other speakers they would rather be passed
over as words of course. Thus when at the Bucks Con-
servative dinner, reported in the Courier of Friday last,
his Grace observed that the " time had, however, arrived
when Sir R. Petl should take the Government in order
that the Throne might be supported, the Church main-
tained, and the rights and liberties of the people protect-
ed," not only were all who heard him impressed with
the truth of the sentiment, and with the conviction that
something more was meant than the indication of an
opinion, but the public at large who had the advantage
o f reading the declaration have not failed to regard it
in the light of those coming events which cast their
shadows before." The Duke indeed qualified his lan-
guage in a slight degree, so as to check precipitancy of
conclusion and anticipation among his more sanguine
hearers, by the intimation that although " victory was
now within his (Sir R. Peel's) grasp, yet he might
be right in wishing not to take too sudden an ad-
vantage of his strength." The predominating qua-
lities of the mind of the Conservative leadtr un-
doubtedly are prudence, patience, and forecast,
and they never were more amply and conspicuously
displayed than in his cautious course during the
present Parliament, at any period of whose exist-
ence hitherto he might have forcibly ousted the
present insolvent tenants of holdings whose duties they
are unable to discharge of themselves, although rapa-
ciously insatiate of the profits, and nowise loth to
devolve the labour into hands infinitely more capable
and disinterested. We shall not, therefore, assume
to divine what may be the resolves and the action of Sir
Robert during the forthcoming Session, eware, however,
that it is competent to him at any moment to proceed
by summary process to the ejectment of unworthy nann
who have so long had notice to quit. But we are as-
sured of one fact, and that alone is some consolation
for the country, that the present position of Sir Ro-
bert invests him at least with the negative power of
preventing or neutralising a vast amount of mischief,
although he may be comparatively powerless to carry
into t ffect any great positive good.

A HUNTER OF THE RIGHT SORT.—A hunter
should have courage, but nothing more, to make him what
he is required to be—aamely, not afraid to leap at any
fence his rider thinks proper to put him at. His mouth
will depend upon two things : first, upon the judgment of
the person who breaks him in in his colthood ; and, se
condly, upon tae position of his hinder legs, but chiefly
upon the first. The moutia ought to be endowed with so
much sensibility, that the slightest motion of the bit should
give him warning, and direct his course, which is signifi •
cantly implied by Horace, when he says, " The ear of a
horse lies in his b:idle." It is true, that what we call the
" mouth " of a horse is an artificial feature ; at all events,
a figurative term for his being easily acted upon by the
bridle ; but it is a point of the utmost importance in a hun-
ter. Without it, in fact, he is absolutely danger-
Oils to ride; for, although the skill and power of his
rider may prevent his running away, yet he is
always in danger of being placed in some unpleasant situa-
tion or other by him. In the first place, he cannot be a
large fencer, nor safe at all sorts of leaps, if he will not
suffer his rider to pull him together to collect him for the
effort of rising at them. Secondly, he is as dangerous in
going through gates only partly opened. Thirdly, if the
horse immediately before him should fall at a leap, he is
very apt to leap upon him, or his rider; and lastly, his
strength is sooner exhausted than that of a horse, perhaps
not naturally so good, which is going quietly, and within
himself, by his side. When we consider how often it is
necessary to pull up, or even turn a horse very short in
crossing enclosed countries, the value, ever. on the score
of comfort, of a good mouth cannot be too highly appre-
ciated by the sportsman. But action, after all, in the
hunter is the main consideration. Ile should have energy
in all his paces, but he way have 100 much of what is
generally called action.—Sportsman, of January.
PARIS THEATRICALS.—The name of Elsslcr
has decidedly disappeared at the Opera. The management
has cancelled the engagements of these two danseuses.
Miss Fanny Elssler settles in America, and Miss Theresa
has just left for Germany. The place remains vac at for
Taglioni, who will re-appear this summer for three re 'uths
at the Opera. The arrival at Paris of an eighth v., ,der
of the world is announced in the person of Madame I .eve.
This This young virtuoso will, it is said, effect such a re- .
in song, that no chanteuse will be able to appear ;di •
her, and that Mesdames D imorcau, Persiani, Grisi, 1 r-
dot, Stoltz, and Dorus, will scarcely venture to Sim.' as
coryphee,s. Madame Leeve is decidedly the woman wl !n
Meyerbeer awaits fur the prima donna part in Aa-
baptists. An iorigue of Gialarwierie is talked of, wh'cli
would deprive the London Opera of Madame Grisi in the
approaching season. We do not think that M. Laporte
can have mistaken his interest so far as to deprive himself
of the co-operation of talents such as those of Madame
Grisi, who enjoys so much favour with English high so-
ciety. It one year cost the manager of the Queen's The-
tre 15,000 guineas for having wished to do without Madame
Malibrau, and yet, in the way of compensation, the public
bad been given Mlle. Sontag.-- Quotidienne.

LAW INTELLIGENCE.

COURT OF QUEEN'S BENCH, JAN, 21.
THE QUEEN V. NVIIITEIIEAD.

The A TTOTINnY-GENERAL appeared tO ShOW cans,
against a rule which called upon the defendant to show
cause why an information in the nature of a quo warranto
should not be issued, directed to him and calling upon
hint to ah9w by what authority he exercised the oilis:e of
Councillor. of the North West Ward of the borough of
Leecllia The election took place on the 2d Nov. last, and
the two candidates Wert Mr. acid. Ntr. Skelton
It was a very eldse tit?; one having polled 81.5, and
the other 816. According to the rule laid down in the
Liverpool case, as he could not attach the votes given is
favour of Mr. Skelton, he should confine himself to a state-
ment of what was the p!.-intipal question between the
parties. the borough was divided into several wards, and,
by an Act passed in the Ist Victoria, chap. 78, see. 6, the
Burgess Roll of the former year was io retilain in force.
On that roll thire several burgesses who had pre-
mises in more than one of the wards—they were registered
in each of tile wards, and several of those persons voted
for Mr. Skelton, and their votes were disallowed on the
ground, amongst others, that in the preceding year they
had voter'. in °the': t'72trt. tie great question, therefore,
would be whether those. votes should be allowed or dis-
allowed. If Mr. Skelton was entitled to them he would
have the majority in his favour, but there were two grounds
on which he would show to the Court that these votes ought
to be disallowed. When the rue was moved, for Mr. Justice
Patteson was of opinion that these votes should never have
been allowed at all. The 6th section gave the right of
voting to those only who had been duly enrolled, but the
parties in the present case being enrolled in two wards.
could not be said to be duly enrolled, because by the 44 h
section it was provided that at the time of enrolment they
should have made their election as to what ward they
should be enrolled in. The words were "he shall be en-
titled to vote in one, but not in more than one." Ile was
to make his election in whatever way his political views
pointed out. Now, he contended, that these voters had
made their election by voting in another ward the preced-
ing year, so that if they had the right of voting at all it
should have been exercised in another ward. The question
was one deserving toe serious consideration of the Court,
as the votes had been received on the 2d of November.
and in a scrutiny, before the declaration of the numbers
on the 4th, the returning officer had struck them out.
It appeared to him that it was most essential that the return-
ing officer should have the power to scrutiniz:, what votes
were good and what votes bad.
Mr. Justice PATTESON—That should be done when the
votes are tendered.

The ATTORNEY- GENERAL said had they argued that, at
the time the votes were tendered it could not be known
whether they were duly enrolled, or whether they had voted
is another ward or not.

Mr. Justice PATTESON—That may be a good reason for
coming here, but it seems to me that under the Act of
Parliament, the Returning Officer is to sum up the votes
and to declare who is elected, but to allow him to object
to votes, and say which he may strike off or which retain,
is a monstrous thing.
The ATTORNEY-GENERAL was sorry to say that abuses
said to prevail on the other side of the Channel, had been
ascertained to exist in England, and in the present cas.s
there had been a clear case of personation, but after the
opinion expressed by the Court he would not offer any
further arguments against the motion.—Rule absolute.

THE QUEEN V. YORK.

Sir F. PoLLocK appeared in this case to show cause
against a rule which had been obtained calling upon the
defendant, Vim. York, to show cause why a quo warranto
should not be exhibited against him to show by what au-
thority he exercised the office of Councillor of the borough
of Bridgewater. The ground on which the rule had been
obtained was, that at the time of his election he was inte-
rested in a contract, being the lessee of certain lands be-
longing to the Corporation. By the 28th section of the
Municipal Act, any person holding any place or office of
profit, or who by himself or his partner was directly
or indirectly interested in any contract or employ-
ment with the Corporation, was disqualified from
holding the office of Councillor; that, in his opinion,
merely referred to any employment under the Corporation,
but could not be said to extend to the case of a lease.

The COURT thought the case was one which would be
best met by putting it into a special case.

PICKFORD V. THE GRAND JUNCTION RAILWAY COMPANY.

This was a rule calling upon the defendants to show
cause wby a mandamus should not issue, commanding
them to charge at all times the same rates autho-
rized by the Act, for the carriage of goods
and merchandise, or for the use of steam power or
carriages supplied to the defendants, and to charge the
same rate per ton per mile for all descriptions of goods,
and not to reduce or advance the same in favour of any
particular company, or persons travelling on or using the
line.

Mr. CRESWELL now appeared to show cause aganst
the rule. The terms followed precisely the 27th section
of the Act of Parliament, and it did not assign either that
the defendants had done anything contrary to it, or had
neglected or refused to comply with it. He apprehended
that such a mandamus as that could not be sustained, be-
cause there had been no demand made of the Company to
do any specific thing, for the omission of which they made
that complaint to the Court.. Now, if the application
was good for anything, they might return that they had
complied with the 27th section of the Act.
Mr. Justice LITTLEDALE-The question may not have
been properly brought, but we have granted mandamuses
under similar circumstances against canals.
Mr. CRESSWELL submitted that in such cases it had been
shown that the rates were different at different locks, and
that a party was thereby aggrieved. In the present case
the Company were required to do what they had always
done. Joseph Hepworth, the clerk of Pickford and Co.,
made an affidavit to the effect that he had waited upon the
manager of the Grand Junction Railway to know whether
he would allow the trucks of that Company, after conveying
the goods of Pickford and Co. along the Grand Junction
line, to be transferred to the London and Birmingham
line, to be thence conveyed to London, so that the goods
might not be taken off the trucks till they reached Lon-
don. That was refused, and then the affidavit set out
that a letter was delivered by Hey worth to the Manager,
stating that they would send their goods by the Grand
Junction Railway as usual, but would send their
own men to load and unload them. These were
the only demands that had been made of the Com •
pany, and that certainly embodied no complaint
of their having charged Pickford and Co. a dif-
ferent rate from that charged to other parties. There
was certainly a demand as to what the defendants would
charge for carrying the goods to London, and the answer
was, the charge would be the same as if they were de-
livered by the Company to the different consignees, but
that had nothing to do with the application before the
Court.

Lord DENNIAN wished to know from the other side what
was the exact nature of the ease ?

Sir F. PoLtocik said, in order to explain the case, it
would be necessary to refer to previous communica-
tions which had taken place between the parties. On the
4th of Oct., IS4O, a letter was addressed to Pickford and
Co. by the Railway Company, stating that they were ready
to allow the waggons to go on, provided they would pay
2s. (id. per waggon per day, and to pay for all repairs that
might be necessary. Mr. Pickford declined that, on the
ground that the London and Birmingham Railway Com-
pany did net make such a charge. and that Messrs. Horne
and Chaplin were allowed the use of the trucks without
any additional charge. Pickford and Co. therefore re-
quired to be placed on the same footing as these parties.
Now Mr. Heyworth's affidavit set out further, that whether
Pickford's men or the Grand Junction Railway Com-
pany's men delivered the goods, the charge would be
precisely the same, the Clerk of the Company, Mr.
Chorley, having so stated to him. Horne and Chaplin
were allowed a discount of 103. per ton for delivering the
goods in London, while Pickford was to be charged the
same sum precisely, whether the goods were delivered at
Camden Town or all over London.
Mr. Justice LITTLEDALE—Are not the rates the same
for both ?

Sir F. Pommel: said they were, but he apprehended
the Act of Parliament was framed to prevent any undue
advantage or favour being shown to any party. Pickford
was obliged to unload at Birmingham, while Borne and
Chaplin's goods were transferred direct to the Birming-
ham line, and carried to London. Now that, and the dis-
count of 10s. per ton was giving very extensive advan-
tages to Horne and Chaplin over Pickford.
Mr. Justice LITTLLIMLE said that was blending the
rates of the too G.lripanies, es the goods were carried
along the Birmingham line as well as along the Grand
Junction line.

Lord DENMAN— Have you made a demand of the Com-
pany to place you on the same footing as Horne and
Chaplin ?
Mr. Justice PATTESON—That appears to me to be the
difficulty, because they say you have never made such a
demand of them.

Sir F. Poi.t.ocK contended that Pickford's application
meant that if it meant anything, and referred to the terms
of the letters that had pased between the parties.
Mr. Justice PATTESON said these letters should have
been followed up by an application to the Company, either
to reduce the charge for Pickford's goods, or to increase
the charge on those of Horne and Chaplin.
RicilAßDs, on the same side, observed that the
defendants had lately become carriers of goods themselves,
and their object was to drive all competitors off the line. Al.
though the rate was nominally the same to both of these.car-
tiers, yet the Company paid Horne and Chaplin 10s. per ton
for delivering goods in London—the Railway Company
being themselves the carriers, and Horne and Chaplin
being merely their servants to deliver the goods. He
submitted that the defendants had, in their letter, distinctly
refused to place Pickford and Co. on the same footing as
Horne and Chaplin, by which they obtained an advant,ge
of los a too in favour of themselves as carriers. Under
these circumstances he submitted that the mandamus
ought to be made absolute.

The COURT was of opinion that although front the lone.m
correspondence that had taken place, the defendants might
have 13,7cn aware of what was expected from them, it would
be better in a case of so much importance that there should
be no discussion or doubt upon the subject. When a party
came forward and said, " 1 have a right to enforce an
Act of Parliament against you, and I require you
under its provisions to do so and so," there should be no
mistake er misunderstanding as to the nature of the de-
mand and refusal. The demand should be entirely free
from all mistake or doubt ; as it did not appear in the pre-
sent case that a specific demand had been made of the
Company, the rule for the mandamus must be discharged,
but without costs.

COURT OF CO,ILIION PLEAS, JAN. 21.
LAMISOURNE V. CROWDEN.

This was an action for work and labour done against
the Star (l.3cavesond) Steam-packet Company. It ap-
peared that the plaintiff, being himself a shareholder in the
Company, was appointed in the year 1837 superintendent
of the packets, at a salary of 1501. Differences arising
between he and the defendant, who was Chairman of the
Board of Directors, the plaitifl" wrote to the Board, corn-
plain ur of the el.induct of :11r. Crowden towards him,
and declining to attend any future meeting at which that

Director should preside, or to obey any orders given t,
him otherwise than in writing. Upon this letter his resin
nation was accepted, and the Company refused to pay hin
the sum of 29/., which he dethanded as the balance of his
salary, from the date of the above-mentioned letter up
the time of his actually quitting his office. The case sva
tried before the Lord Chief Justice, who received I-
verdict for the plaintiff, on the general issue (non assump
sit), but directed a nonsuit, on the ground that th
plaintiff hai'ing been engaged AS a yearly servant, at a so.
lary to be paid in apportional periods of the year, vv;,
tot entitled to wages for the expired portion of any pe-
riod yeir, during which he chose to resign m
last term obtained a rule to show cause Why the nonsui
refuse to do his duty, vlittiout just Cause. The plaintiff
shouldnot the verdict entered in hi-
favour,
be e
e,.,, tdi
tto aside,e
g general
4nd;l3, of then
Mr. Sergeant SitEA this day showed cum figaiait the
rule, and cited a number of cases, in support of the law at.
laid down by the tord Uhief JuSticie.
Mr. Sergeant ACKERLY replica at great length, con-
tending that the contract had been altered in the course of
the year by mutual consent, and he cited a number of
cases to show that therefore the plaintiff was entitled to the
benefit of a getlergl Cdntraet, Just an if no special contract
had ever existed. ft had been laid docrn that the special
contract was rescinded virtually by the plaintiff's being
continued in his office after he refused to act upon that
contract, and he was entitled to salary in the mean time.
The rule for a nonsuit, and to enter a verdict for plain-
tiff, was refused ; but a rule absolute was granted for ;
new trial, on a point omitted in the Learned Judge's di
rectiun.

(Sittings at Guildhall, before Mr. Justice COLTMAN and a
Common Jury.)
MORGAN V. PROCTER.

This was an action to recover tool,, the amount of a
promissory note, and the sum of 3731, which sums had been
lent by the plaintiff to the defendant. The plaintff, Mart
Morgan, who has now arrived at an advanced age, tray
formerly the servant of the defendant, and must have b,?en
of very thrifty and frugal habits, for it was out of the
savings of her wages earned by previous servitudes that
she was enabled to lend the defendant the above amount.
The defendant had pleaded as to the promissory note that
it was obtained by fraud and misrepresentation on the
part of the plaintiff; and as to the sum of 3731., that the
statute of limitation would prevent the plaintiff recoverin
it. The promissory note did not become payable till the
4th of January, 1835, and the present action having been
commenced before the 4th of January in the present year,
it was brought within the six years after the cause of
action had occurred, and therefore the statute of limitation
could not apply to that, as was admitted by the defendant's
Counsel. The other leg of defence was completely shot
from under Mr. Procter by acknowledgment of the debt
contained in letters addressed by him to the plaintiti, it
answer to her repeated applications.
Mr. BRANSWELL (in the absence of Mr. Sergeant
13ompas) conducted the case on the part of the plaintiff,
and designated the conduct of tha defendant in placing
upon the record such pleas as he had done, as most dis-
honest and disreputable.
The only w itness called was a Mr. Cuff, a relative ot
the defendant, who proved that the promissory note and
the several letters shown to him were in the handwriting of
the defendant. This witness, who was a relation ot the
defendant, stated the defendant formerly, he believed,
lived in Size-lane, and very reluctantly confessed that the
defendant was now living at a place called Sutton Coal-
field. Whether he was carrying on any business he could
not tell, although in his letters the defendant talked very
much about his African trade.

Mr. Serg cant TALFOURD, who appeared for the defen-
dant, admitted that he could not answer the plaintiff' case,
and therefore would not trouble the Jury with any ob-
servations.

The Learned JUDGE then very shortly directed the
Jury, and a verdict was given for the sum of 565/. 19;.,
as being the amount due to the plaintiff for principal money
and interest.

COURT OF EXCHEQUER, J4N. 21.
(Sittings in Banco.)
TAYSEL V. CROSSKEY.

The defendant in this ease was a surveyor of highways
of a palish in the county of Sussex, and in that character
had entered upon and taken materials from the land in the
occupation of the plaintiff, without any notice or the autho-
rity of a Magistrate. The action was tried before Lord
Abinger at Lewes, when a verdict was found for the
plaintiff.
Mr. PLATT had obtained a rule nisi for a nonsuit, which
was now argued.

Cause was shown against the rule by Mr. Thcsiger,
Mr. Peacock, and another gentleman, who contended
that the verdict ought not to be disturbed, as they held that
the Act of Parliament, in speaking of " enclosed lands,"
meant any private land, in contradistinction to waste or
common lands. If the Court could put such a construc-
tion upon the words of the Act, the action could be main-
tained ; if not, then in Sussex the Surveyors of Highways
would have power to cuter upon thousands of acres, for on
the Downs there was not a fence, by mutual agreement,
for probably ten miles.

Mr. PLATT supported the rule, and stood upon the
strict words of the law. It was a public good that the
power was given for, and no doubt the Legislature were
fully aware of the effect of the words they used.
A gentleman behind the bar was about to follow, but
was interrupted by
The CounT,who said that, however reluctantly, they had
come to the conclusion that the rule must be made abso-
lute. However inconvenient such a decision might b-,
they were bound by the law as they found it. The diffi-
culty had arisen from the Legislature using very obscure
words, viz.—" enclosed lands," without giving any distinct
meaning to them. Probably that decision might lead to
an amendment of the law.—Rule absolute.

SHERIFFS' COURT.

GOLLING V. PAGE.

This was an action in which the proprietor of a tavern
on Tower-hill, licensed for singing and theatrical represen-
tations, sought to recover the sum of 4/. 1.55. from the de-
fendant, who had been engaged as scene-painter, and who
also occasionally favoured the patrons of the establishment
with specimens of his histrionic abilities.
From the facts adduced in evidence it appeared that pre-
vious to the present action there had been much litigation
between the parties. The plaintiff now claimed the suns
of 4/. 15s. for refreshments supplied to the defendant.
A number of witnesses were examined on both sides,
most of whom described themselves as " professionals,"
and their evidence kept the Court in roars of laughter.
One of them described himself as "a skin-dresser or flesher
by trade"—by profcs,ion, " stage-manager of Mr. Golling's
establishment."
For the defence it was contended that the refreshments
supplied ought to have been gratuitous, as the defendant
received no salary.
A verdict was eventually returned for the plaintiff.

POLICE IN TEL LIGENCE

MANSION-HO USE,

COALS.--Mr. Rowland, the harbour•master at
Greenwich, waited upon Alderman Wilson, at the Man-
sion-house, in consequence of an application from Mr.
Cooper, of the house of Smith and Cooper, of Harp-
lane, coal agents, for expediting the delivery of what
arc called free coals, i. e. coals brought from pits not in
the combination, and which are sold at a much lower
rate on account of not having anything tacked on the
price for demurrage, factorage, or combination dues.
Mr. Richmond, the Lord Mayor's coal merchant,
who has supplied the Mansion-house in the last three
Maoralties, with what arc called Lord Mayor's coals,
and are much abused by advertisers, also attended and
aid, that Mr. Cooper was his agent, and he thought
that he had not received those facilities for the passage
of his ships up the river upon their arrival, which lie
had reason in justice to expect.

Mr. Rowland produced several letters and papers,
showing that application had been made at Gravesend to
allow the King William to pass up, on its arrival, to un-
load in D.Ttford Creek, the coals being sold. The order
was promptly given as the ships arrived, and lay in the
Thames for three days, when on the 2d of January a
letter arrived from Mr. Cooper, requesting an imme-
diate order for the pool, as the letter said he could not
get the ship into the Creek. He (Mr. Rowland) know-
ing that the ship drew but eight feet of water felt a little
annoyed at the application, and stated as much to the
Ciptain. S.-son afterwards he received a more peremp-
tory letter from Mr. Cooper, to whom he wrote in an-
swer that he had given an order to admit the ship into
the pool in her turn. Mr. Rowland complained that
there were all sorts of tricksresorted to by the Captains
of vessels to get into the pool, where the Captains and
crews preferred lying till their cargoes were sold to wait-
ing at Gravesend.
Alderman WILSON sad that since Mr. Cooper bad
been last at the Mansion-house he had made it his bu-
siness to inquire into the subject relating to the free-
trade coal ships. He had seen three of the harbour
masters, and he was well convinced that the harbour
service had never at any period been so efficiently con-
ducted as at the present time. Ile believed that it met
with the approbation of the coal trail?, end he was sure
the public would shortly admit that they were greatly
benefited by the exertions of these officers. Ile found
in his inquiries that the ships coming from the north
laden with coals from the non-combination pits, and sell-
ing their cargoes before their arrival, their unloading
without delay and returning immediately had made so
many more voyages than the combination ships, that
the owners of the latter were becoming alarmed, and
had declared that they would eo longer submit to the
factors' regulations, and that that sort of mutiny that
already taken place. if he happened to be wrong as to
his information he knew well how delighted some per-
sons would be to contradict him.

Mr. Cooper said he believed that the Alderman had
received correct information.

Mr. Richmond--WlesTipowners have long been
annoyed at seeing my ships and others returning so
much oftener than their's, which were compelled to
wait the pleasure of the Committee of Factors before
they can unload. It will now put the coal owners to
the test, and we shall see what they will do.
Alderman Wtr.sux hoped they would continue their
combinations, fir the longer they continued them the
and would
greater would be the number of pits opened ; and
these mighty monopolists would find to their cost that
the publiccould,
get coals, in spite of all
their regulations.
Mr. Richmond—The number of new workings within
the last two years is quite astounding. If a ship trans-
gross the factors' regulations, instead of 'icing thrown
out of work, or having to pay
a heavy fine to procure
more coals, as formerly was the case, they can now get
served directly from the new pits, which aro not in the
combination.

Alderman WILSON—If that part of the public wilt
lislikc a coal that burns to white ashes, would havt
submitted to the inconvenience for one season onl)
they would have taught the combinators a lesson far
better than any legislative enactment could iostruci
them in, and which I think they are now learning, al
though there may be some further delay before the:
can become perfect. I continue to burn the same sort
of coal I burned when in the Mansion-house, and an,
entirely satisfied with them, though they burn to whit,
ashes. I have no complaint of dust or damage to the
furniture.

Mr. Rowland said he had been informed some altera•
tion was in progress.
Alderman WILSON—With regard to the grievance
now stated, I think Mr. Cooper has no ground of com•
“arbour Master has most difficult duties
laint A-
P buyers of this ship of
to perform. I have geon
' occurred in
coals, and believe the circumstance
consequence of a Misunderstanding between the par,...._
themselves as to who should pay the evenees of en-
tering the Creek, which the captain encountered on his
arrival. The Captain refuses to pay, the buyer refuses,
.md the seller refuses, and something like a deception is
practised on the Harbour l‘laster to obtain an order for
the pool.
Mr. Cooper—lf so, then we bane been made the
dupes of the Captain.
Alderman WILSON—Be that as it may, I a-n glad
the Harbour Master knew his duty too well to be duped
by any one. lam sure the Lord Mayor will support
the Harbour Master, and do all in his power to obtain
a free trade in coals for his fellow-citizens. No one in-
sinuates that Messrs. Smith and Cooper wished to de-
ceive these zealous and active officers.

COURT OF COMMON COUNCIL.

Yesterday the first Court since the regulation of the
Wards, by which a considerable diminution in the
numbers of the representatives has been made, took
place.

THE WARD OF FARRINGDON WITHOUT.

Mr. ASHURST presented the following remarkable
petition from Mr. Wells, one of the candidates for
the representation of the Ward of Farringdon With-
out, in the Court of Common Council, who was de-
sirous of sitting in the Court until a new election should
take place.
To the Right Hon.-Arable the Lord Mayor, Alder-
men, and Common Council, in Guildhall assembled,
The petition and claim of right of Samuel Wells,
of Sergeant's-inn, Temple, Esq., showeth that your pe-
titioner, and fifteen other persons, were elected, in
the year 1839, Common Councilmen for the Ward of
Farringdon Without, in the City of London, and were
sworn in and took their places in the Court of Com-
m( n Council during the year.
That on St. Thomas's Day last past another elec-
tion took place, when sixteen persons (your petitioner
not being one of that number) were elected and returned
to the Court of Common Council, which election and
return have been declared void by the Court of Al-
dermen.

That your petitioner is advised that until a legal
election takes place for Common Councilmen for the
said ward, or your petitioner and his colleagues (so duly
elected in the year 1839) are ousted under a judgment
of her Majesty's Court of Queen's Bench, he and they
continue, and have a legal right to continue and exer-
cise all the functions and duties of Common Council-
men for the said ward, in order to preserve all the in-
tegral parts of the Corporation from being lopped off
(the said ward being part thereof), and that the rights
and interests of such ward may be duly preserved
and exercised.

Your petitioner, therefore, prays that he and his
colleagues, so duly elected in the year 1839, may not
be hindered or denied their several and respective rights,
but may be permitted to take their places and exercise
their functions in the Court of Common Council and
elsewhere, until a legal election of Common Council-
men for the said ward shall have taken place, and others
elected in their stead.

And your petitioner will ever pray, &c.

SAMUEL WELLS.
(The reading of the petition was attended with sonic
laughter.)
Mr. WELLS, upon being asked whether he wished
to add anything to his petition, addressed the Court.
There were, he said, two ways in which he might ap-
proach the Corporation. He might obtrude himself;
and wait to be handed out moliter menu, and thus have
his action against the officer of the Court, and he was at
liberty to petition. His respect for the Court induced
him to adopt the latter alternative. He regretted that
his petition had excited merriment in the Court, be-
cause it referred to a constitutional question, which,
as it was likely to affect the privileges of the Corpora-
tion, ought to be regarded with gravity and seriousness.
He did not mean to admit that the Lord Mayor and
members present constituted a court, deficient as they
were of the representatives of the Ward of Farringdon
Without, which formed one-sixth integral part of the
City. The authority to levy the sewers rates, the con-
solidated rate, and the police rate, in that ward, lay
with the Common Councilmen, who also had to inquire
into nuisances and other matters affecting the morals
and comforts of the ward community, and those who had
last year performed all those duties, ought in reason and
in law, he contended, to exercise the power until the
new election should be completed. It had been said
to him that there was no occasion for their interference,
as the election would tike place on Monday, and he
would be returned without further trouble.—(A laugh,
and cries of " Hear, hear.") He, however, was jealous
of the privileges of the citizens of London, and would
not suffer one day to pass without claiming the restora-
tion of their rights. But supposing that a new election
did take place, was it not possible that the Aldermen
would not make some other mistake ?—(A laugh.) There
were, he assured the Court, several other errors in
the proceedings in the election, although he had
not noticed them in his petition, quite strong enough to
vitiate it. Suppose then, that on the approaching eke-
tion, mistakes were again committed, and a scrutiny
were demanded, who could say how long that process
would continue, and what injury might arise from leav-
ing the ward unrepresented during the interval ? Sup-
posing that any body in the ward was troublesome
enough to demand a scrutiny—(A laugh)—was the
ward to be deprived of the proper moral supervision
during the whole time to which the investigation might
be extended. Mr. Wells then argued legally upon the
propriety of entertaining his petition, and the impropriety
of transacting business in the Court in the absence of
an integral part of the Corporation.
Alderman GIBBS said it ;appeared to him to be a
question whether the petition was presented to a tribu-
nal competent to decide upon its merits.
The RECORDER, who entered the Court at the con-
clusion of Mr. Wells's observations, said, upon being in-
formed of the heads of the petition, that if he had been
informed that a subject of such importance was expected
he would have attended at an earlier period. It are
peared to him that the Court had no authority to
entertain the subject. No person could take a
seat in that Court who was not summoned and acknow-
ledged as a member. There was no power of which
he knew any thing by which the Court could revive an
old member. He should, however, if the question were
put into a proper shape, give to it his best attention,
and apply to the Court of Aldermen on the subject.
But until that should be done he should recommend to
the Lord Mayor to dismiss the petition, on the ground
that the Court of Common Council was not competent
to entertain it.

Mr. ASHURST was of opinion that in what the:Re.
corder had stated, there was an infringement on the
rights of the Court. He disagreed with the Learned
Gentleman as to the supposed incapacity of the Court to
decide the question. The Court of Aldermen might
decide on points of disputed elections, but the Court of
Common Council couli, if they thought the petitioner
entitled to a seat, under the circumstances stated, give
him permission to take it. He (Mr. Ashurst) did not
consider him entitled.

The RECORDER said that he knew of no authority by
by which the Court of Common Council could adju
dicate on the question. Could any precedent be cited?
Mr. ASHURST said that the case was quite new,
and he would bow for the present to the opinion of the
Recorder.
The LORD MAYOR then informed the petitioner that
the Court could not entertain the petition.
The petitioner of course will not be allowed to sit in
the Court until elected.