The Sun.
London, England, 1841-04-08 00:00:00

OBITUARY.

At Merriot, near Crevilerne,Liged 10, the Rc.v. R. A.
Templtman.

Ti;rt W. J. Birdwoo(', 34 ycars Rector cf
Devon.
Tr,e R. Lsepll Lancatt 4!) year Perpetual Curate
of Therrolo.Naite, he:tr age.l 74.
A:zorl 81, the Rev. Christopher Flee', Re: tar of Dur-
west-in k“:c1 Bryanstone, and LyteLett Matrevers.

PI

EVENING EDITION

PRIVY COUNCIL.

Sir F. POLLOCK objected to the reading of the document
for the purpose of influencing the decision of the Court.
The Learned Judges overruled the objection.
Mr. PEMBERTON- resumed. The Counsel fur Mr. Hitch-
ings had not called in question in the least the fact of the sig-
nature to paper, A being the signature of the testator.
Upon what ground then was that paper questioned ? Upon
the ground that Mr. Chadborn, who wrote that paper,
was beneficially interested under it-J.if the signa-
ture were good ; if the competency were good ; if
an undue influence were nowhere suggested ; it mattered not
one farthing who wrote it. It was only necessary to prove that
the testator, when he signed the paper, was acquainted with its
'contents, and aware of their effect. The Learned Counsel
then cited the case of Barrett and Britlin, Ist Vol. of
Curtis, p. 613. In this case there was the most conclusive
tstimony of the only fact necessary to be proved, intention to
benefit Mr. Chadborn. The Learned Judge had made the
fact of Mr. Chadborn being an executor beneficially
interested a ground for looking- with suspicion upon
the will. The question was, did B refer to A. He
(Mr. Pemberton) contended that if there were no sig-
nature, no proof whatever—if it were sufficiently est,blished
that B referred to A, then A was as completely established as if
B itself had been established by two witnesses. Upon this part
of the case he must protest most strongly against the deci-
sion of the Learned Judge. It was in contradiction of the
principle universally acted upon. The rule was that you must
have a distinct reference to some paper or writing;
you must have a paper already produced which tallied with
that description, and then if there were no other paper or
writing which also tallied with that description, the reference
was sufficient. That was the principle acted upon in all the
cases which bad been cited by his I.earned Friend the Attorney.
General.
The Learned Counsel was proceeding to refer to the case of
Wood and Wood, Ist Phillimore, 357, when it being Four
o'Clock the Court adjourned the further hearing of the argu-
ment until to-morrow.

COURT OF SEWERS, WEST

MINSTER.

An adjourned meeting of the Court of Sewers for the
City and Liber4 of Westminster, was held on Tuesday at
the Office of the Commissioners, Greek street, Soho. J.
L. Donaldson, Esq., in the Chair.
After the ordinary routine business had been transacted,
The CLERK reported that the Comptroller- General's
ffica, and various other offices in Whitehall-yard, and
also the various offices in the Horse-Guards, had beea
omitted from the Poor-rate, and that the overseers had
reported that those places had been omitted on account of
the impossibility of enforcing the rate. He further re-
ported that those places had all hitherto been rated to the
Sewers'-rate, and that the rate had always been pair?, and
the Court ordered that they should continue on the pre-
sentment.
On the question of the expense of the traverse, which
came before the Court on the examination of the Bill of
Messrs. Smith, the solicitors,
The CHAIRMAN proposed that it should be borne by the
whole district.
Mr. LESLIE objected to that course. The expenses of
Medly and Prichard had been thrown exclusively on the
Western District, and now it was sought to throw upon
the Western District a portion of the law expenses of the
traverse, which was exclusively the concern of the Rane-
lagh District.
Mr. BARKER thought that as the question decided by
the traverse jury affected every district, the expense
ought to be borne by the districts generally.
Mr. GOODRICH thought it was clear under the rules of
the Court that the expense must be borne by the whole
district.
Mr. HAWKES objected to throwing the expense upon
the whole district. It was a mere local matter, and ought
to be borne exclusively by the district concerned.
The Court then divided—
For throwing the expcnse on the general district 11
Against it.. 2
Majority —9
The CHAIRMAN then reported on the Marquis of Nor-
manby's Drainage Bill, stating that the Bill had been
did 'led into two Bills as the Court had suggested, so
that the drainage was Itcpt distinct from the regulations
resFe.yrirg buil3ii,g; and veniflation. The Bids were
then laid on the table for the information of the Commis-
sioners.
The CHAIRMAN gave notice that at the next meeting
tie Court would have to consider the propriety of issuing
a precept to the Sheriff, calling upon him to summon a
Jury to make a presentment of property liable to be rated
in the weitern division of the district.

The Court then proceeded to coasider as to signing war-
rants for levying upon the churches and other newly rated
property in the Ea3tern division of the Westminster

-Sew crt:

The CHAIRSIAN complained of the great inconvenience
cf leaving such questions as these opan, and impressed
upon the Court the necessity of coming to a decision on
the question as speedily a' posiible. He briefly recapitu.
fated the history of the proceedings in 'elation to the
rating of churches, and concluded by saying that if it were
decided to issue those warrants, they must be drawn up in
such a manner as to throw the protection of the Court
around those who signed them. He for one could not,
holding the opinions he did, sign a vt a:rant against the
church.

Captain BAGUE thought it would be dangerous for the
Commissioners to sign warrants against the churches at
present; and therefore he should move " that the signing
of warrants of distress against the churches be posteoued
until the decision of the two Courts of Exchquer and
Queen's Bench be determined."
St! G. FARRANT could not see how tbo ec:iiion of the
Court in the case of Ckeltet Hospit tl could determine the
questi mof the ehurcheP. He should therefore mote as
an amendrne:,t that warrant; of distress be issued spina
t' ,4turchwa,riens of the church of St. Martin's•in.the-
fi.elds.

V BITE no nded the amendment. He would sign
the wan and h apprehended that, being a qualified
(;ommis-sione, uc snould run no risk from doing his duty.
On the contrary, if he refused to carry out the law, he should
run the risk of being struck uff the Commission—a thing
which he should dread much more than any ecclesiastical
censure. He had no doubt to the liability of the
churches ; aacl, without arising the protection of the
Court in any v-iy, he was peifcctly ready to put his name
to the warrant.

Sir J. S. 1.11.1.1 u thought the or.ly way of bringing the
matter to a t?ecisiura, was by immediately issuirnigieawdrraage.:
Ha did net ice how they could recede. '
vanced boldly unt 1 they came within sight of thYo enemy
and now they were showing the white fer.ther.—( Hear.'
They wc:e all sworn not to show aly favour, drcal .r)r,
malice, and here they were showing dread.—(A hu,:b.
They were to be guided by law and not by any mates'opi:.
nions. He supported the arnendmeat.,
Mr. GUNTER had signed tie last :rarran►, and hoped
that those who had not already signed, would now come
firward and sign this one. He thought there could be no
difficulty in executing the warrants, and he bored they
would be signed te-dar. If there were not enough to
sign without him, ha would put his name to the warrant.
The Court then divide 1, when there appeared—
For the amendment ll
Against it 6
Maj rity for issuing the warrant —.s
Sir J. S LILLIR morel that the warrant be prapared
and laid before the Court on the next Court-day for signa-
ture in such form as the Solicitor might advise.
The motion was agreed to.
On the motion that a warrant be issued against Mr.
Madge, or the trustees of the Unitarian Chapel in Essex-
street,

Mr. Sum, the Solicitnr, said he could not take upon
himself to say that a warrant signed in an niternatit, e would
be a valid one.
Mr. LasuE—Can you issue a legal warrant out of the
presentment 1
Mr. SMITH-46010d think not, Sir.
The CuarastaN--Which would be the most safe, to ;e-
-sic a warrant against Mr. Mudge alone, or to ilclude the
alternative of the trustees?
Mr. SSIITH —The most safe course would be to follow
the presentment.
Warrants were then ordered to be issued far levyin4 din
tresses on varicus chapels, schools, and other public
buildings,
The next business berme the Court was to receive 'the
Report of the solicitors of the circumstances connected
given thereon by Sir W4l!iam
with the case, and opinion
Horne and Sir John Campbell in 1833, as to the riiht of
the Commissioners to distrain for arrears of rate.
Tbe Report stated that on a case being submitted to
the Law Officers of the Crown in 1833, those officers gave
sepal ate opinions, as one of them, Sir John Campbell, was
in the country. The opinions differed, and the Commis-
sioners desired the solicitors to procure a joint opinion.
They accordingly attended the Law Officers in consulta-
tion, and on that occasion Sir John Campbell retracted
his former opinion, and the joint opinion was in favour of
the powers of the Commissioners. The solicitors were
not aware that either OPlniou bid been laid before Parlia-
ment.
Mr. LESLIE moved that the Report be printed and cir-
culated among the Commissionerp.
Captain BAGUE seconded the motion.
Sir J. S. LILLIE could net support the motion until he
know the oh 'of it.

Mr. Goi)Earcii should like to see the affair cleared up.
Mr. 14L -LIE said his object wzs to show that the opi-

WOOD AND OTHERS V. GOODLAKE AND IHTEIHNES.
(Continued from The Sun of yesterday.)
The ATTORNEY-GENERAL said by analogy to what
took place in the House of Lord; en appeals, he
had a perfect right to proceed with respect to the codicil. The
Learned Gentleman then proceeded to read and comment upon
the evidence given in the Court below respecting the hand-
writing of the testator to the codicil in question, and con-
tended that there was a vet y strong body of evidence of the most
respectable k:nd ageinst the codicil either being written or
signed by Mr. Wood. He also cited many cases in which it
was laid down that the mere proof of handwriting would not be
held as conclusive. Their Lordship; would remember many
cases in which even the clerks of the Bank who signed the
notes had been deceived, even where their own rames had been
for,zed ; ard thatduring the warpapers were plentiful which were
so well counterfeited rs to deceive the Custom-house officers
all over the world. The rule requiring sonic circumAances
coneomitart with the writing was a most wholesome one, and he -,
hoped would not be departed from on that occasion. His learned
friends supported the Codicil on the ground of the probability of
some or all the bequests. The parties fabricating such a document
would take care to have probability on their side, but let him
ask was that the case here? There wa; a bequest of 200,0001.
to the Corporation of Gloucester—that was dated in 1835, and
it was in proof that at that time he was very angry, be-
cause he had always been passed over in respect of the office
of Mayor to which he a,pired. He apprehended that there
was abundant evidence to destroy the probability of the va-
lidity of the evidence. Where an instrument was intended
,obe burnt, although it was not destroyed its operation was gone ;
and the parties would be in the same position as if it had mover
been brought forward. The Learned Counsel said that he
should not occupy any more of the attention of the Court, be-
lieving that if he had omitted any important point his Learned
Friends would not fail to supply the deficiency.
Mr. PEMBERTON then proceeded to address the Court on
the same side. The Learned Counsel commenced his address
by reading extracts from the judgment delivered by Sir Her-
bert Jenncr. Ho was then proceeding to read a document in
some former proceeedings to which Mr. Hitchings was a party,
when

nions had not been fairly represented to the Court, and
that the first opinion of Sir John Campbell was the one
he was acting on in regard to Chelsea Hospital. That first
opinion had never been inserted in their book, why he
could not tell. neither was it returnel to Parliament ; but
the last opiciolh was att,.ched to the ca.e. Tilt was in-
explicable
Sir J. S. LILLIE, after that explanation, would not op-
pose the motion, wi ich was al;: eel to w'thout a division.
Mr. LESLIE moved that the proseat system of collecting
the Sewers-rates Le takes into consideration. He 'ob-
jected to the present system of coildeti ma, and alluded to
the recent defalcation as a proof of its inefficiency. It
would not do to dismiss the present collectors ; but, as the
places became vacant, the re naming collectors might do
their uuty, They were now piid 8?. in the pound. The
collectors of St. George's, Hanover-square, were paid
orly 3d. in the pound. They had collected 5 1,000/. and
paid it into the Bank. Every Court-day many persons
came to the couTt old paid their rates. Now he pro-
posed to make ths a Lead office for the collector, and to
have a young man appoiated to that situation who would
not be liable to the casualties to which persons in trade
like the present collectors w.re liable. He should thei e-
fore propose that the present v:.cancy be not filled up in
order to introduce a new and improved system. He would
not wish to throw off or reduce the present collectors, but
he would propOse tha: vacancies as they occurred should
not be filled up, so as gradually to introduce an improved
system, and he would move to that effect.
Mr. UNWIN objected to the proposed plan. The non-
appointment of a new collector would inflict great injury
upon the owners of small houses via s would have to pay
the rates to which the tenants were liable.
Mr. GODERICII seconded Mr. Leslie's motion. It was
an exceedingly bad plan to employ tradesmen as collec-
tors, as it always led to defalcations. The poundage given
by the Court was a great deal too much—they ought not
to interfere with the pc-sent collectors, but they should
take that opportunity of introducing a system for gradually
reducing the expense of the collection.
Mr. UNWIN moved as an amendment that the present
vacancy be filled up.
Mr. BROOK seconded the amendment.

Mr. BROUGHTON thought that the question of defalca-
tion had nothing to do'with difficulties in business, but
was an abstract question of positive honesty, and, in that
point, he 61 not see how the new plan was to be better
than the old one. He thought it could not be done at
the rate alluded to, for there war no analogy between the
collection of Perish• rates and Sewers-rates. If they
looked at the work done, they paid less for the collection
of Servers•rates than was paid for the collection of
Parisb-rate?. They could net alter the system io the way
proposed, because, if the vacancies were net fined up,
they would not have strength enough to do the work.
Sir J. HANSLER supported the .amendment.
Mr. WILLOUGHBY, although approving of the system of
collection, thought the method of appointing the col-
loctors, and the mode of remunerating them, well worthy
of consideration. He thought it advisable that the col-
lector should not have any other occupation.
Sir J. S. LILLIE thought Mr. Leslie ought to have
stated in his notice what alteration he proposed.
Mr. GRACE supported the amendment, on the ground
that the old system had answered extremely well. He
did not consider the commission allowed to the col-
lectors too high. There could be no large defalcation
if the rule prohibiting a collector from retaining more than
501. in his hands had been acted on.

Mr. BROUGHTON suggested th .t no security should be
taken from the collectors, tut that they should be put in
in the situation of servants of the Court, and then, in the
e% cut of any defalcation, they might be indicted for felony.
Mr. HAWKES conside:ed the poundage much too high,
and would support the motion. He thought, however, that
a new collector might be appointed on a less poundage.
The Court then divided.
For the amendment
Against it
Majority
Friday, the 23d of April, was fixed for examining can-
didates.

Sir JOHN HANSLER moved--" That, for the future, the
Sheriff be directed to summon a Special Jury on all oc-
casions." On the last occasion there had arisen a discussion
as .3 whether a guinea or a shilling should be paid to each
Juryman, and as a guinea was paid he thought they were
entitled to have guinea men.
The m'tion not haying beer, sec lndel fell to the ground,
and the Court adjourned to the 16th of April next.

CAPE HORSES, SHEEP, AND
WAGGON DRIVERS.

a the course of my Peregrinations I had seen many
very indifferent specimens of horse-flesh, but never did I
behold such an assemblage of carrion as were paraded
next day before the Clarence to take us across to
Cape Town, a distance of some three or four-
and-twenty miles. Literally not one sound limb
could be mustered among the whole set ; they ap-
peared to have monopolised every failiag which
accident, disease, or ill treatment so often entail on the
noble animal. They were each and every one like friend
Petruchio's steed, "troubled with the lampas, infected
with the fashions, full of wiadgalls, sped with spaying,' &c. ;
and as we mounted their galled backs, we despaired
of ever arriving at the end of our journey, besides
having some slight misgivings if, by the attempt,
we should not bring ourselves under Mr. Martin's
Ace. However, we were assured that only appear-
ances were against them, and that once warm in
the saddle they would prove very Bucepbali ; and
the event justified this prediction. The first couple of
miles along the smooth sandy beach gave them an
opportunity of making their limbs much more degage;
and by the time we had reached the Halfway House, where
we each had a glass of capital ale, they bowled along alike
" bricks" over the fine broad and level road which
would not have disgraced an English turnpike. Hitherto
we bad passed over an open heathy country, on which were
grazing large flocks of sheep remarkable for the s'zc of their
tails, compose.] of enormous masses of fat; and the skipper,
teirg a bit of a wag, assured us that in the more fertile parts
of toe country, where this was increased by the greot sr
richness of the pasture, it aas no uncommon thing to see
a large flock of sheep, each tackled to a wheelbarrow,
teing unable in any other manner to carry their tails
The waggons, their extraordinary-looking drivers, and
the large teams of oxen employed to drag them along,
likewise attracted our attention. They are complete am-
bulstary towns, in which whole families, carrying
every requisite of " board and lodging," often make
journeys of seven or eight hundred miles into the interior,
the teams of oxen not unusually consisting of eight couple,
two abreast. These are guided by the most peculiar-look-
ing charioteers that aver graced the Hippodrome, the
Olympic games, or an English " four-in-hand." The
most prominent feature in tkcir costume is the symbol of
their swaying a whip which in dimensions beats everj -
thing that the imagination can picture. Then comes the
large conical ha', built of leaves like the thatched roof of an
Indian cottage, which it almost rivals in dimensions. Last,
though not lease, are the " crackerr." But the reader a ould
in vain rack his fancy to find out the rneanirg of this Term,
which does duty for %%hat the ladies more delicately
(dear sensi ive creatures !) call " inexpressibles." The
cuplionous appellation I believe otigirated from the
peculiar noise made by these articles until long wear all
constant use had somewhat supple] the stiff bullock
hides of which they are constructed, and which, if not
" built" on the wesrer, are as firmly fitted to his nether
parts, that, day and night, in health and sickness, in the toils
of tr sycl, duriag the repose of the conjug a' couch, they are
slid to Le his inseparable companions, a) e even in death,
never " falii ig off" from " close attachment" until the
hand of time and decay seater their ragged iernains to the
winds of Heav n.-OLD Sporting Il7nga2ine