The Sun.
London, England, 1841-04-26 00:00:00

AUSTiiALIA.

Extract; from a pamphlet entitled " The Resourcos
of Australia," written by an A u4traliaa Coloiiist, who
had been fourteen years in the country, ac.l published
by Smith, Elder, and Co.
The number of sheep in tl:e Australian colonies at
present may amount to four millions or upwards.
Under good management they will doubler. them-
,elves in three years. I am aware that this is a
more rapid rate of increase than has hitherto: taken
place for any length of time in the Australian
nies taken together. But either from inexperience
or the want of mesas, on the part of the proprietors,
sheep have not generally been managed in the best
manner. Great improvements have of late taken
place in this respect in New South \Vales, and it is to
be hoped that those improvements will become general.
Under tolerable management, however, sheep will
double themselves in four years. Taking the press tit
stock of sheep then in the Australian colonies to be
four millions, and supposing that they will incr; ate iit
that rate, in the year 1861 t.tey will amount to
128,000,000, the number suffic'ent (allowing five Leres
to each sheep) to stock 640,000,000 acres, that is the
portion of Australia which I have supposed to be avail-
able for pasturage.
" The population of the Australian colonies, inciudirg
Vau Dieman's L And, may at present amount to 200,000
souls. Should the ratio of thc population and the stock
of sheep remain unaltered ; and if these are what I sup-
pored thew to be, the population of the island of New
Holland will be 6,400,001), when the number of sheep
amounts to 256 000,000. Such a population, how-
ever, would not be necessary for the management of
that number of sheep, and the present proportion can-
not long continue, unless some other branches of iudus-
try are extensively carried on.
" New Zealand has a soil and climate peculiarly
fitted for the cultivation of grain. At the same time
it has few natural pastures fitted for sheep and cattle.
This country, then, appears to have been intended by
nature for the granary of New Holland—to supply
per with wheat and other grain in exchange for beef
and mutton, and in the course of time, perhaps, also
in exchange for wine. The voyage between the two
countries is made in from eight to fourteen days.
Steam navigation will reduce it to half that time.
Instead, then, of being j aloes of the settlements that
are forming in New Zealand, as so much abstracted
from their own wealth and resources, the colonists of
Australia ought to rejoice at their formation, and to
encourage them by all the means in their power. The
wheat they will get from New Zealand will not cost the
half of what they would have to expend in raising it
themselves. On the other hind, Australia can supply
the New Zealanders with beef and muttau at a cheaper
rate than they themselves can raise those commodities.
The industry of neither country then int.irfert.s with
that of the other', and each of them furnishing these
commodities which the other wants, the two countries
seem destined to be bound together by the closest ties
of mutual interest.

" Though the climate of Australia is unfavourable
to the production of grain, yet it is likely that the cul.
ture of the vine will succeed. The vine is capable
of enduring drought, and thrives in a dry cli-
mate. Dry countries produce the best wines ; and
in those countries that are famous for wines, the
vintages of dry seasons are the best. These cir-
cumstances might lead us to conclude that Aus-
tral.a is fitted for the production of wine. The
country also abounds in coal. It has been found
in the district of Hunter's River, among the.BMe
Mountain and Darling Ranges, and in the Port Phil p
district. Mines have for a numberaaf ye irs been open
at Newcastle, at the mouth of the Hunter, and arc
now worked by the Australian Agricultural Company,
who have a monopoly of the colonial coal, and the sole
right of working mines within the limits of the colony.
T►,is exclusive right is felt and complained of as a
great grievance by the colonists ; and it is to be hoped
that the Government, for the good of the colony, and
for their own credit as Liberal Statesmen, will do away
with the abuse as soon as possible. Coal has also been
found near the heads of several of the branches of the
Hunter more than 100 miles from Newcastle, and at
various intermediate points. From these indications
there is reason to beleive that a continuous bed of co ils
extends throughout the whole valley of the Hunter,
and in this district may yet spring up the Manchester
and the Birmingham of Australia, as Australia may yet
become the Britain of the southern hemisphere.
" Besides coal, New South Wales also possesses
abundance of the article which, to a manufacturing
country, is next in importance, that is, iron ore, of the
riche3t description. She has thus an unlimited com-
mand of the bones as well as of the muscles of ma
chinery, and contains vast magazines of hoarded ma-
terials as well as of the power necessary to carry those
materials through a multiplicity of processes until they
arrive at a finished and perfect form.
" The whale fishery has in past years been a source
of wealth to several of the enterprising colonists of Aus-
tralia. and it may continue to be so in future years.
The country is infested with a species of dog,
called the " native dog," from its. being a native
of the colony. This animal abounds in all parts
of the island, and is very destructive among sheep.
The actual loss occasioned by its devastation is
not incensiderablo but this is trifling, compared
with the expense which the settler incurs in guarding
against its ravages. The flocks must be constantly
attended by a shepherd during the day, and by a
watchman at night. Unless those precautions were
taken, not a sheep would in a sho: t t. me remain in
the colony. Such is the nature of native dogs, that
they are not, like other beasts of prey, content with kil-
ling what they require to satiate their hunger. If they
happen to fall upon an unprotected flock of sheep, they
will kill and wound as many as they can, as if they de-
lighted is dest•uction. The sheep that urc severely bit
by them seldom recover.
" About 500 sheep are usually entrusted to a shep-
herd, and form a flock. Two such flocks are usually
folded during the night at one station, under the care
of a watchman. Were it not for the danger arising from
native dogs, double the number of sheep might be kept
in a flock,and watchmen might be entirely dispensed with.
" The advantages which Britain derives from this
colony are already considerable, and will increase with
the increasing prosperity of the colony. They consist
principally in the supply of wool received from New
South Wales in the market which that colony furnishes
for her manufactures, and in the field for emigration
which it offers to her capitalists, middling classes and
I abourers. _ _

_______
" Already the Australian Colonies, of which New
SJutii Wales is the principal, supply Great Britain
with about 10,000,000 ins. of wool annually, a greater
quantity than is imported f:om any other country in the
world, except Germany. A cantinuance of a few years
in the present course of prosperity will raise the quan-
tity produced and exported of this important article of
commerce to such an extent, that it will exceed the
whole supplied by foreign countries, including Germany.
" The Australian colonies are also an excellent
market for tile manufactures of Britain—a market
which, in proportion to the population, is far superior
to what is afforded by any other country in the world.
Tue consumption of British manufactures there is at
the rate of 8/. per head. With proper attention to the
development of their peculiar natural resources,
.these
ad,:kntages to the mother country may be incalculably
increas,
•'Austr,:lia must also be viewed as a place which a
nuth of Great Britain contemplate as
number of the
it Oleo which offers a more pro-
their future home,—
,hle investment of a moderate
miring field for the prafit“
which the British empire
capital than perhaps any odic,'
or the world contains."

The Manchester Association have procure,.
wooden models, answering to the respective sizes of
the American and
.Enlish eightpenny loaves, the for-
mer being one-third larger than the latter, which they
have r.ffixed on poles to a van, or •` moving advertiser,"
drawn daily along the public streets. To these loaves
are attached labels " English cightpenny loaf; wages,
2s. a•day." " American cightpenny loaf;
day." Ire addition to these, an immense placard is poited
on each side cf the van, with the fallowing words:—
" What lowers wages?" " The bread tax." " What
starves the operative ?" " The bead tax." " What
mills masters?" '`• Tine bread tax " " Down, down with
;he infamous bread tax !I 1" The novel sight attracts
c.:nstant groups of on-Imikers, and it promises to be a
most effective mode of agitation. We understand it is
about to be adopted in Lculdon.—Anti-Bread-tax Cir
cular.

JUDGMENT OF COLOUR.—Persons, all having
excellent eyes, and seeing perfectly well, differ much in
their
powers of recognising persons, finding their way, &c.
In none
distancen andounrse of
re n
thesepoio x
points i; the diff.rence so striking as
with respect to judging of colours. It is by no means un-
common to meet g
withsihtis iendciveleildunatl, and who mayswhoseeye judge of form
s a ppear excel-
lent,
a whose
correctly, but who cannot distinguish certain
maternal
grandfather
it
fNa
tikcehrl
al
nddeoscnreibuensc 'le, h
a boyhd
the
eos
am e i confoundedmper.
green with red, and :ailed light red and pink, blue. His
isanudnelne:as in the navy, and, having a blue
' like ogthueerntpley:
ufnctfio°rnm. coat
purchased a pair of red
breeches to match,
tiecedhaoll
from red.
a gentlemen
who who could not distingl3aaitprsc.phoeaNt:e
to him what others call
in full ‘erdurc always
r. d ; and ripe fruit on trees heabocolieleeki 7rocstediisbtliendguaissbtiefkroomf
otir
predicament. wereof the the ',tare; ; a cucumber and a
in this respect-
same colour in his sigl.t ; and
This person had
basseveral be er been here-
ditary, sealing wax. a brother and a niece—
the daughter of another brother—in a similar
indeel, the defect has frequently occurred
mem-
bers of the same family,
a l l
objects
c tfrequently.s appearing
sometimes passing over a generation
culiarities of structure. It is observed more fre
perhaps, in men. In the rarest and most extreme cases np
colour is distinguished,
alike. In all the cases in which the point has been i.a,i
mined, the part of the cranium under which, according .1.70'
Gall, the organ for judging of the harmony of c,lours is
placed, is flat or depressed. I have seen several of these
cases, and in all this was the fact. In painters, remark-
able for their excellence of colouring, this part is full or
prominent. The contrast between this part of the fore-
head in a person who, has the defect, and in another ex.
ceiling in tne pow'r of colouring, placed side by side, is
very striking..—Elliotson's Human ,Physiology.

LAW INTELLIGENCE.
COURT OF CIiiiNCERY, ArRIL 94
GIBBS V. GIBBON.

The Loan CHANCELLo:L was engaged all the morning ia
h.ar:ng the concluding arguments in this appeal rt Laing to
the trusteeship of estates of Lord Strathmore. His Lord-
ship said he would give judgment on Wednesday next.

THE QUERN P. HURLOCK.
Mr. COOPER said he had to apply to his Lordship to
appoint a day for hearing a motion for an injunction in
this c 'se. which would not be opposed ; but thc circum-
stances wen, of a very novel character. The d,fendant,
the Rev. Dr. Hurlock, was presented by his late Mae,ty,
George the Fourth, with a living in Essex, the right of
presentation to which exist ql in his Majes'y as Duke of
Lancaster. It had been discovered that Dr. Hurlock ha'l
been cutting down a quantity of timber on the glebe lands,
and therefore the application he wished to make wa,o for
an injunction, on behalf of her present Majesty, to p•e•ccnt
further waste. It was right, however, that he sshould in-
form his Lordship that Dr. Hurlock felt sensible that he
hal acted in error, and he ( Dr. Hurlock) did not ohj•ct
to the injunction issuing in suet, terms a; the Court might
direct ; and he further stated his perfect willingness to
nay into Court all the proceeds which he had received
from the sale of the timber. The Learned Counsel saii, as
the case was one of such a novd character, althougl, the
motion was not opposed, he had, by the advice of the Viet.
ChancAlor, considered it necessary to menti,n it to his
Lordship, who had ilia dtTosol of so much Church pa.
tronage, as it might form a precedent if any similar case
should arise in future.

The LORD CHANCELLOR—It is certainly true that the
Keeper of the Great Seal has the di:postal of much Church
Patronage, but that ii th^ very reaiou why I shall not bear
the motion.

Mr. COOPER—We have agreed, my Lord, upon the
terms of the order which we shall ask the Court to make.
The Loan CHANCELLOR—The motion had better be
made in the regular course bef)re the Vice-Chancellor.
Mr. COOPER_ When the case was mentioned to the
Vice-Chancellor his Honour thought it would be better to
make the application to your Lordship; but in whatever
Court it is made, I am instructe I to say that Dr. Hurlock
will submit to any order and obey any directions which
may be made. The only difficulty in the ca.,e i 4 to know in
what manner the proceeds arising from the timber vt hick
has been sold should he applied.
The LORD CHANCELLOR —Let the motion be made
before the Vice-Chancellor.

VICE-CHANCELLORS' COURT, APRIL 24

SMITH AND OTHERS V. COLEMAN.

In this suit a bill had been filed by the plaintiffs, praying
for an injunction to restrain defendant from taking 'ego; pro-
ceedings to recover money due upon several Bills of Exchequer
and other securities, on the ground that the same sere &alai-
lent, and praying that they might be delivered up to the
plaintiffs.
Mr. Knight Bruce and Mr. Heathfield for the plaintiffs, and
Mr. Jacob and Mr. Little for the defendant.

It appeared from defendant's answer to the bill, that previous
to the year 1839 plaintiffs had carried on business as solicitors
and attorneys, in Freeman's Court, under the firm of Lock,
Smith and Alliston, but in the early part of that year the
firm was dissolved, and plaintiffs subsequently carried on busi-
ness under the firm of Smith and Alliston. In the early part
of the year 1835 the defendant, who had for many years pre-
viously carried on business in Leicester, came to reside in
London, and was applied to in July, 1835, by Lock.
with whom had a family connection, to discount bills
for clients of the firm, who he stated were of the highest re
spectability, to which defendant replied that he should have
no objection, provided Mr. Lock would give his name as secu-
rity, but that he would not advance money on the security of
the parties alone. To this Lock assented, and loans which were
to be temporary were negotiated by Lock at 10 per cent. for 5001.,
an 4 1,000/. for a Mr. Burton.. and Captain Harris, for which
bills were given and endorsed by Lock to the defendant. On
the 15th of July, in the same ye sr, Lock applied to defendant
for another loan of 1,5001., and two days af!erivards for another
of 500/ , for which checks were given in Lock's name, at his
request, as he said he managed the cash transactions of the
firm, and for which defendant drew a bill, which was accepted
by Lock in the name of the firm. Subsequently, on the 29th
of July, Lock obtained a further loan of 5001— for
which, in like manner, a check was given, payable to
Lock or hearer, and which Lack said he was borrowing for
clients of the firm, who did not wish their names to appear.
Upon the former bills becoming due Lock applied to defend-
ant for their renewal, wl.ich defendant consented to, on re-
ceiving as additional security the name of the firm, which
Lock accordingly gave, and the other bills were aft Twards
renewed in the same manner. Subsequently Lock ob-
tained from defendant a loan of 1,000/. for a person named
Sparks, and several other loans, for which Lock gave bills or
notes in the name of the firm. These were all frequently re-
newed, and Lock, at the desire of the defendant, deposited
with him annuity deeds and other securities as additional secu-
rity. Defendant,happening to call at the office of the firm. on
come business connected with their transactions, the plain-
tiffs stated that they were for the first time ac-
quainted with them, and repudiated the whole transactions
as fraudulent, and on these grounds subsequently applied to
defendant to deliver up or cancel the securities given in the
name of the firm, which was refused. Some of these bills I:ad
been paid, but the rest were dishonoured. Lock hail since
bccome a bankrupt, and legal proceedings had been com-
menced against the plaintiffs upon the securities given in the
r.ame of the firm.

On the part of the plaintiffs it was contended that there were
sufficient grounds of suspicion in these transactions, that Look
was acting without the knowledge of his partners, and that he
was in collusion with defendant.

COURT OF QUEEN'S BENCH, APRIL 24.
THE QUEEN V. THE BRISTOL DOCK COMPANY.

This was an appeal from a rate made by the Church-
wardens and Overseers of the parish of Clifton, near Bris-
tol, for the relief of tho poor.. The 'rate was made on the
e'th of November, 1838, and the defendants were rated for
the Cumberland basin, with its wharfs, quays, gates, &e., at
a gross estimated rental of 1,3501., producing a rateable
value of 1,0801. , which at ls. in the IL amounted to 5-11.
The appeal came on for h'aring on the 9th of April, 1!•_439,
when the appellants having coiled evidence and closed their
case, and the respondents having been heard, at the sug-
gestion of the Court it was agreed that the appellants should
he taken to have a rateable property within the respondent's
parish, productive in the year, and lor that rate only, of the
sum of 3001., and that the rate should be reduced to that sum,
subject to the opinion of the Court of Queen's Bench.
Sir PREDERIVK POLLOCK now appeared on behalf of the
respondents, to support the original rate. The Bristol Dock
was a private -peculation, in which large sums of money had
been expended for the benefit of individual shareholders, who
were entitled to 8 per cent. upon their money. They possessed
property to the extent of two furlongs and nineteen yards in
the parish of Clifton, and for that they had been originally
rated largely and extensively, hut that rating had been re-
duced ; and the q uestinn for the Court was, whether it
was to be reduced considerably lower. The profits of the
Docks were one thousind pounds per annum, but the amount
which he (Sir F. Pollock) was seeking to maintain, as re-
garded the parish of Clifton, was calculated on a profit of only
3001. per annum. The argument of the appellants was, that
the dock was only to be rated as so much way land, on the same
principle a, a railroad or canal, passing through land similar to
Chatmoss, between Liverpool and Manchester, which was
of no intrinsic value in itself ; but he (Sir Frederick Piil-
lock) contended that it was to be estimated at its value
as an important station or depot, where goods and
passengers were shipped and landed, and that it twist
bra rated with reference to the beneficial value of the
occupation to the Company, and as being productive of great
profit to the defendants, whether these profits were received
for rates and dues paid in respect of Cumberland basin situ-
ated within the parish, or in respect of profits derived from
other portions of the docks without the parish. The Learned
Counsel cited several cases in support of his argument.
Mr. ERLE appeared on behalf of the appellants. The argu-
ments of the Learned Counsel were not concluded when the
Court rose.

COURT OF COMMON PLEAS, APRIL 24
THE BRIGHTON RAILWAY COMPANY V. FAIRCLOUGH.

The argument, which was presumed to have been concluded
at the last hearing of this ease on Tuesday last, was this dvy
resumed by
Mr. KELM', who read affidavits en the part of the plaintiffs,
in answer to the affidavits upon which the defendants' rule nisi
for a nonsuit or new trial had been obtained. The verdict,
it will be remembered, was taken for the plaintiffs, subject to
the motion, on the ground that the defendant was not
liable to pay up the calls upon forty-five shares, (amount-
ing to D. 95.), inasmuch as the memorial of transfer
was irregular, and further, was not produced at the trial.
Alt% Kelly's affidavit now went to show that the book was
in Court at the time of the trial, and that the statement of
former affidavits to the contrary was occasioned by a mistake
of the short-hand writer, who substituted not for now in his
transcript of his (Mr. K's.) speech. This error seemed to
be the principal ground on which the rule was graired.
But he hoped their Lordships would not see occasion to send
the cause down to be tried again, when the fact was that
defendant's Counsel and the Court were informed that all the
books required under the Act were in Court.
Jr. Sergeant BOMPAS, in reply, produced an affi,lavit of
the tort-lend writer, deposing. that the words used by plain.
tiff's Counsel Ott the trial were that the book was not in Court.
Their Lordships intima'ed that they. would look into the
-nd notes of the trial, and give judgment on Monday.
affidavits --

z'XCHEQUER, APRIL 24.
COURT Or - .wsoN.-

BOGIE V. L. rule to show cinse
The ATTORNEY-GENERAL moved for a this cause.
why an amended Commission should not issue
It was an action for a libel against the publisher of the " 'a 1.._ '
arising out of the most extensive conspiracy ever entered into
for the purpose of cheating mankind—a conspiracy whet', by
all the bankers in Europe were to be defrauded by forged letters
oferedjt from various places. The plaintiff d enied that he was con-
nected with it, and for the purpose of showing that he was great
exertions had been made—one of which was the taking out of
a Commission to examine a Tuscan subject residing at Flo •
rence. He was now furnished with an affidavit from one of
the Commissioners, from which it appeared that the witness,
acting under the advice of his ~dvocate, refused to attend and
give evidence before the Commissioners. They applied to the
Foreign Minister of the Duke of Tuscany for assistance, but
he refused to interfere, because it was against the laws of Tus-
cany to examine a Tuscan subject in any judicial matter
otherwise than by Tuscan authorities ; but he offered,
on being properly authorised, he would cause that to be done.
The defendant made affidavit that the witness in question was
a necessary and material one, and it would
mnois,tiboensWafaes tod
org, .red
go to
trial without his evidence, therefore he now applied for a com•
mission to be issued to the Foreign Minister in Tu cany, un-
demrstohne. 3
22Adtroipp.houfstasntd\VEillll.is78.07,Ia commission
the case of Clay v. Ste-
wto issue to the Judges of the Court of Convneree at Hamburgh,
and it was part of the rule that the oath of the Commissioners
should be dispensed with.
Mr. Baron GURNEY—There was a ease in that Court in
which a commission was issued to the Judges at Munich on-
the sa-ce terms. •
The ATTORNEY-GENERAL was obliged to his Lordship.
He had not been. aware of the case—they were analogous to Lis
present application.—Rule granted.
THE ATTORNEY-GENERAL V. KINGSTON.
In this case the Attorney-General had obtained a rule to
remove the cause of Kingiton v. Dabbs from the Court
of Common Pleai into this Court. Dabbs was an officer of the
Customs, who had seized some coffees bel)nging to Kingston,
who brought his action of trover in the Common Pleas. In
this Court an information had been filed against Kingston, and
the Attorney-General now moved that the rule to remove the
proceedings into this Court be made absolute.
Mr. V. LEE showed cause against the rule. He admitted that
hadthe party not appeared in the Pleas and pleaded to the action
in that Court, he would have had no answer to the rule but
he contended the application. was too late; -secondly,
he contended the affidavit was entitled wrongly--it w as
'entitled "'Attorney-General v. Kingston"—it ought to
have been Attorney-General at the information or,
in " Kingston v. Dabbs ;" and thirdly, his atli.
davit expressly set forth that no information had been filed,
entitled
he
to
alleged
the ;
eaonsdts of
appearing, i fh e ffiled
ni
,all
havinghe
beebeen
submittedbro
brought
tt
to
oe s
.
swer a different &Hilo Ition to that of which they had had notice.

I The ATTORNEY,-GENEIIAL said the information was on the
file of the Court, it was only one step in the proceeding=
which were going on when the rule was moved. His Learned
iend had not cited even a single case to show that the ap-
plication was tco late.
3lr. Baron ALDERSON.—It is a privilege of the Crown.
You might have brought them up or a contempt of Court.
for bringing a Revenue ease in any Court hut this. It %,.s
clear that the Exchequer could stop any Revenue case in any
other Court, and remove the proceedings at any time. The
rule must be made absolute.— fhe Court rose at one o'clock.