The Sun.
London, England, 1847-04-27 00:00:00

EDINBURGH, APRIL 23.

STOCK EXCHANGE. —The sales are—Caledonian, New,
428.6d.—East Lothian Central, 52s.—Edinburgh and Glas-
gow, Quarters, 171/2—Edinburgh, Leith, and Granton, Pre-
ference, 201,4—Edinburgh and Northern, 15 lA—Ditto, New,
70s.—Ditto, Newport, VA—Edinburgh and Perth, 465. 6d.
—Ditto, Halves, 16s.—Glasgow, Dumfries, and Carlisle, 51%
—Great Northern, 60s.—Manchester and Southampton, 225.
6d.—North British, Halves, 32 %—Ditto, Quarters, 68s.—
Ditto, New Quarters (scrip), 238.—East Indian, 3s. 6d.
GLASGOW, APRIL 24.
STOCK EXCHANGE.—The sales ai'e—Ayr and Galloway,
405.--Caledonian, New, 425.—Direct Bombay and Madras,
3s.—East Indian, 3s.—East Lothian Central, 475. 6d.—Edin-
burgh and Perth (New Co.), 445.—Ditto, Halves, 14s.—
Ayr,
and Arcot, Is. 3d.—Man-
5814—Great Southern of
Midland, Halves, 4/.—Sla-
eG3hil
aea
sds
tgrea
sor
a,
ns.d6d.—Masou Kilmarnock,thandl
rpa
tsao,
nnN,d
el
1910r_e
mannan, 221/2.

LAW INTELLIGENCE.
COURT OF QUEEN'S BENCH, April 26,
WOOLMER AND ()THETIS 5. TOBY.
In this case an action had hem brought by the plaintiffs,
who were the members of the "managing committee" of
the "Direct Exeter. Plymouth, and Devonport Railway
Company," against the defendant, to recover the sum of
1051., being the amount of the deposits payable in respect of
40 shares which the plaintiffs had allotted to him in the said
company. At the trial a verdict was given for the plaintiffs,
but in the following term a rule nisi for a new trial and in
arrest of judgment had been obtained by Mr. Sergeant
Kinglake.
Mr. CROWDER, Q,C. (with whom was Mr. Greenwood),
now showed cause against the rule. He stated, that on
the 13th of October, 1845, the defendant had addressed
a letter to the provisional managing committee, in which lie
said,
a I iequeat yop. to allot to me 50 shares in the above com-
pany, and I undertake to accept of the same, or such smaller
number as you mapya)p,:ewahseen required,toallottohee posit .d"
And ftirthet—
dt
e
of 2/.125. 6d.
was made on the 15th of December, when a
the secretary to the defendant as
Tlpeehtri:e share."
allotment
was
ainroe.mejet ant
addressedk e t o b y
follows:
" I An instructed to acquaint you that the company have
allotted you 40 shares in the-above undertaking, on which
adeposit of 21. 12s. 6d. per share must be paid to one of the
Tndermentioned bankers on or before the 20th of December."
It had been contended by the Learned Sergeant, on the
part of the defendant, that the contract was made with the
"provisional committee," and that they should have been
the plaiutiffs ; but he would Contend that the contract was
made with the "committee of management" At the time
the letter applying for sharei was sent, namely, on the 13th
of October, the plaintiffs were the parties who were acting on
the committee. The letter itself was addressed to "The
Provisional Committee of Management," or managing com-
mittee; and the " managing committee" were the proper per-
sons to sue in this action. There was no other company at
that time. The defendant said that the plaintiffs were not
the persons with whom he contracted, that they were merely
agents of the provisional committee, and that the provisional
committee ought to have been the plaintiffs. The Learned
Counsel contended that there were cases which showed,
that when a party made a contract in the name
of another the agent might sue ; and that that
was no inconvenience to the dfendant, for he
was, in that case, entitled to the same right of
set off. In addressing the letters to " the provisional
committee of management," it was the same thing
as if he had addressed it to them by name. Secondly,
it bad been contended, that there had been a change
in the members of " the provisional committee" between the
time when the application for shares was made and the time
when they were allotted ; that some names had been omitted
and some had been added. That might be so, but "the com-
mittee of management" were the same; they were the seven
plaintiffs, and they had not been altered. They were acting
as such both at the time of the application for shares and
at the time of the allotment. A third objection had been
taken, that the committee of management had allotted only
36,000 shares, but that the defendant contracted to take
shares in a concern in which there were to be 40,000. The
capital was to be 1,000,0001., and to be divided into 40,000
shares of 25/. each. He contended that the committee of ma-
nagement were not bound to allot every one of the shares. If
there were any fraud, that would be for the jury; bat that
was not even pretended in this case. The defendant had
pleaded a plea of fraud and covin, but he had not endea-
voured to substantiate it. It was lear that this was a bond
fide undertaking. If there had been only 10,000 shares al-
lotted the case might have been different.
Mr. Justice WICIT3IAN—The defendant says that part
of the consideration was, that there should be 40,000 shares
allotted.
Mr. CROWDZR continued—lie contended that the allot-
ment of 40,000 shares was not a condition precedent; if it
were, it would be a ground of arrest of judgment. It was
further contended by the counsel for the defendant, that the
action could not be sustained, because, on the authority of
" Nockells v. Crosby," and " Walstab v. Spottiswoode," the
defendant would have a right of action against the company
to recover back his money, on the ground of the abandon-
ment of the scheme and the failure of the consideration.
Bat, he would ask, could the defendant have brought such
an action on the 21st of December, the day after he should
have paid the deposit? Besides, what was it that occa-
sioned the failure of this scheme? Nothing but the default
of the defendant and other allottees. If they had fulfilled
their part of the contract the scheme would not have been
abandoned ; it would have gone on, for it was a good under-
taking. The defendant could not allege his own default as
an answer to this action. The doctrine laid down
in " Walstab v. Spottiswoode" was not yet settled law,
for it remained to be decided by the Court in Error. Again
it was argued that the contract had been incorrectly stated
in the declaration, as it was hot alleged that 40,000 shares
were to be allotted, and there was no averment that that
number had been allotted. If that were a condition prece-
dent, the object would be valiJ. But the application for
shares was made when it was not known that there were
applications for so many is 40,000 shares. Suppose 39,999
shares had been allotted, fa it to be supposed that the failure
to allot that one share would be sufficient to avoid the con-
tract? It should have been put to the jury, whether it was a
substantial part of the contract; but it was not so put to
them. The defendant ought to have shown that there was
a substantial variation between the two things. In this case
36,400 shares had been allotted, and the rest were re-
served for the provisional committee. There never was a
company in which every share was allotted. It was
always thought proper to reserve shares, in case of amal-
gamation with other companies, and for landowners on the
line. His Learned Friend further contended, that part of
the consideration was, that the plaintiffs contracted to en-
deavour to obtain an Act of Parliament, and had not ful-
filled that part of their contract- He (Mr. Crowder) con-
tended that they would havedolnine so but
nbdu tmfro. rs
et
rhgee
adneftaKulitngo-f
the defendant and the other allottees. The plans and sections
of the railway were made and deposited in the usual way, for
ilatkweacsotuhlodungohttdteonhyetahavte. very
good
But there was nothing mentioned
about going to Parliament in the letters which formed the
contract. It was objected further, that the defendant did
not promise to pay the deposit on the 20th of December,
but when he was required. The two letters, however, must
be taken together ; and he contented that they showed, sub-
stantially, an agreement to pay on the 20th of December.
The declaration might, perhaps, have been open to a special
demurrer, but it was tpo late to make such an objection after
verdict. Then, it.was contended that the damages could not
amount to more than 3s. per share, because of the resolution
of the committal, that if the allottees would pay that sum,
it would be sufficient. The defendant did not go to the jury
upon it ; but the Learned:J. udge said, that if there was any point
of law bait, the Court might reduce the damages as it might
think tits Ile contended, that as the defendant had con-
tracted to pay a certain amount and had failed to do so, the
measure of damages was the sum which he contracted to pay.
Another objection made by the Learnsd Sergeant was, that
the Learned Judge misdirected the jury as to the reasonable-
ness of the time when the shares were allotted after the ap-
plication. The Learned Judge left it to the jury to say,
whether they were allotted within a reasonable time ;
and he expressed his own opinion, that the allotment was
made within a reasonable time. That was not a misdirection.
Mr. Justice Parrasos—lf the shares bad not been allotted
within a reasonable time, that would have gone to the plea
of fraud and covin.
Mr. CROWDER continued—lf the allottees had kept their
faith the scheme would have gene on. There was no fraud;
the plaintiffs were ready and willing to perform the contract
on their part. It was urged by the Learned Sergeant, in
arrest of judgment, that, as it appeared by the advertisement
that 40,000 shares were to be allotted by the company, it
ought to have been alleged that that number had been al-
lotted; but that could not be a condition precedent, and
therefore it was not necessary to allege it at all. On these
grounds he submitted that the rule must be discharged.
Mr. Sergeant KINGLARE, in support of the rule, said—
The first question was, with whom was the contract made?
The evidence was that it was made with the provisional
committee, and not with the managing committee, who were
the mere agents of the provisional committee. The pro-
jectors of the scheme were the members of the provisional
committee, who held themselves out to the public in the pro-
spectus as the projectors. The Learned Sergeant then
read the original prospectus to show this. They
were there called the provisional directors, and a very
long list of names was appended. That list of names
might now be very inconvenient. Mr. Farrant, the secre-
tary, had told the Court, that the provisional directors awj,
the provisional committee were the same body. The pro-
visional directors named their solicitors, their acting en-
gineers, their secretary, and their local agents. The pro-
visional committee published that prospectus, and directed
applications for shares to be made to "the provisional com-
mittee of management," without mentioning their names.
When deposits were paid, a receipt was given to the follow-
ing effect :—" Received, &c., on account of tae Provisional
Committee of the Direct Exeter, Plymouth, and Devon-,
port Railway Company." That showed that the contract
anmderaeclytinga
spurobleccotmo rms.
was made with the provisional committee, who were the
sub-committee committee,
under them, with but a limited authority. On the 13th
of October, 1845, the "managing committee" wrote
"t`tmiesnpargoivnigsioncoanlicmotinttmeei';
to Saunders and 0., of Exeter, in the name of the
provisional committee, to make arrangements for open-
ing an account with that bank. On the 17th of October
they passed a resolution, in which it was recited that
they had been appointed by a special meeting of the provi-
sional committee held at Exeter, which had determined that
the committee of management should consist of twelve mem-
bers, with power to add three to their number, and that Mr.
E. NVoolmer should be the chairman. The prospectus was
put forth by the provisional committee, who had done these
a
pro-
visional committee.
Mr. Justice PATTESON—The •
acts, and applications for shares were to be made to the
made
to: " the provisional committee of management," and the
defendant in his application says, "I request you to allot
to me," &c., "subject to the regulations of the company,'
making a distinction between the managing committee and
'
the company. applications were to be
Mr. Sergeant KINGLARE continued—The prospectus was
issued before the " committee of management" was formed,
and it. could not have referred to them.
it must
apply to them.
Lord DENMAN—If the managing committee was in exist-
ence when the application for shares was made,
visional" is not
Mr. Sergeant KINGLaI_The word " pro
Zr.A Justice ERLE—They are all called " provisional com-
mittees" till an Act is obtained.
applicable to a managing committeeman ; it is onlyTh words
appli-
cablee
to those who are going to Parliament.
" committee of management"
Lord DENMAN —But that will not prevent themfrom mak-
ing contracts.
Mr. Justice WranTsrast—Suppose the case were reversed,
and Toby had had to sue. imply that they are agents.
of any other
the provisional committee;' he knew nothing
t 27th of December,
parties. On the Ist, 15th 17th, and 2
Pa •
Mr. Sergeant KINGLARE —The defendant would have sued
various matters were referred to the provisional committee by
the committee of management; and, on the latter date,-they

were summoned to consider the best means of settling the
eliims on the company. The committee of management had
Daly a delegated authority. The provisional committee, on
tne recommendation of the committee of management, r(-
solved that applications should be made to each allottee for
Ss. par share, and that if that sum ere not paid by a given
time other means would be had recourse to. The Learned
Sergeant cited the case of " Piggot v. Thomson " to show,
that where a contract was made to pay a sum of money to
the treasurer of certain commissioners, an action in the name
of the treasurer could not be sustained.
Mr. Justice Enui—That was a contract with the commis-
missioners to pay the treasurer.
Mr. Sergeant KSNGLAKE—The contract ben was made
with the provisional come. ittee, through the medium of the
committee of management. There was also a change of the
provisional ecnamitree. The contract was made up by the
proposal and acceptance, and he contended that the accept-
ance must be in the terms of the proposal. Here that was
not the case. The names of the provisional committee were
a very material part of the contract, upon the faith of which
the defendant made his application tor shares.
Lord DENMAN—You say that the contract is not the same
if the names be changed; I see the prospectus provides fur an
addition of names.

Mr. Sergeant KINGLAKE--The contract was that 40,000
shares should be allotted, and they ought either to have
allotted them, or to have been willing to do so. If the de-
fendant contracted for a certain portioet of 40,000 shares, and
that portion of 36,000 was allotted to him, that was not the
same contract. There were applications made for 45,000
shartl, but they did not allot them ; they reserved them fur
the provisional committee, to take them or not as they
should please. The cases of 4 Fox v. Clifton," and " Nockell
v. Crosby," were in point. If the terms of the contract were
not fulfilled a party might recover his deposit. The only dif
ference was, that there the scheme had been abandoned, anti
the abandonment was proof of the failure of the considera-
tion. " Walstab t,. Spottaswoode" and "Pitchford v. Davis"
showed that the allotmeht of shares was a part of the con-
tract. The case of" Wontuer v. Sharp," before the Common
Pleas, showed that it is part of the contract that the whole
number of shares should be allotted. He contended, also,
that the contract was not correctly stated. There was no
allegation that the plaintiff's were ready to allot the 40,000
shares, and they did not prove it at the trial. There was no
allegation that the plaintiffs were ready to go to Parliament.
The Learned Sergeant contended that the contract to pay was
not properly alleged in the declaration. The contract was to
pay when required, not on a particular day, as alleged. They
ought to have alleged that the contract was a contract to pay
when required, and then to have alleged that they did re-
quire him to pay within a reasonable time. If they had done
so, the defendant might have taken issue on the reasonable-
ness of the time. The plaintiffs had no right to let October,
November, and part of December go on, and then suddenly
to require payment. As to the 4ount of damages, the
plaintiffs had themselves shown, ait 3s. per share would
cover all the loss sustained. There was an omission of the
allegation to pay on the 20th of December, but the record
was amended on the morning of the trial. The Learned
Sergeant submitted, that, if the decision In " Waltstab v.
Spottiswoode" was good law, the plaintiffs were not entitled
to any damages, for they must pay the money I*ck, and were
not entitled to deduct anything for expense &ere was one
question left to the jury, and that was wheeler the shares had
been allotted within a reasonable time. 'lt was quite clear
that they did not think of allotting the shares; they waited
from the l'nth of October till the 15th of December, when the
panic came. The question was, whether tfiey accepted the
offer of the defendant within a reasonable time?
Lord DENMAN—Is there such an issue?
Mr. Sergeant KIMAAKE—That arose on non asgampsit.
The Learned Adge tld the jury that he did not see that
there was anything to show that the allotment was not
made within a reasonable time. He submitted' that tte
Learned Judge ought not to have left it with that strong
remark to the jury; and the jury, iq adopting it, gave their
verdict, he submitted, against the evidenbs. On these
grounds he trusted that their Lordships would males the rule
absolute.

Mr. MONTAGU Smarr, on the same Aide, said that the
committee of management were never alluded to in the
prospectuA, and their Lordships would not go out of the
document, unless there was a latent ambiguity. If there
was any ambiguity it was patent upotite face of the docu-
ment.

Mr. Justice PArrEsoN—That is assuming that any person
reading it would come to the conc?%ion that "the provisional
committee" and " the provisional committee:of management"
are the same. But I think ttat any one reading it would
conclude directly the contrary.
Mr. MONTAGU SMITII-13y the Registration Act (7 and 8
Victoria, chap. 110), each member of the committee was
bound to take shares in the companx. In this case that was
not done. He contended that a pa'ety might contract with
a known agent when the principal was unknown, but not
with an unknown agent when the principal was known. A
party contracting with an agent elects him as it were eo
nomine, but here the defendant did not know the names of
the committee of management. He contended that the
names were most material, and put the case of a provisional
committee consisting of the names of Hudson, Glynn, and a
gentleman residing at Boulogne, and supposed the two former
names to have been withdrawn. Not one of the directors
had bound himself to pay anything; they should have been
bound in the same way as others. The Learned Counsel
cited the case of "Boach o. White," to show that the allot-
ment of the shares was part of the consideration. In con-
s( quence of the non-allotment of the whole number of shares,
the defendant was called upon to pay 1-36,000 th instead of
1-40,000 th part of the whole. As soon as the committee
allotted the shares, they passed a resolution that, if the par-
ties would pay 3s. per share, they should be released from
further liability. He would ask who was liable to the de-
fendant? The provisional committee or the committee of
management ? The committee waited till the panic came,
and then allotted the shares.

Lord DENMAN said, the Court wottld consider their judg-
ment.

FATAL ACCIDENT UT MACHINERY.—An inquest
was held yesterday by Mr. Bedford, at the Plough, Carey-
street, Lincoln's Inn-fields, on the body of Timothy Lowley,
aged thirteen. The deceased worked with his father at
Bielefield's papier mach& works, No. 15, Wellington-street
North, Strand, and on the afternoon of the 13th instant.
whilst alone in a room in which he was employed, he got
playing with some steam machinery notwithstanding he had
been cautioned repeatedly of the danger, by thrusting bis
right hand between two large iron rollers revolving at full
speed grinding paper to a pulp, and before he tould with-
draw it, the rollers drew the hand and arm in as high a 3 the
shoulder; his screams brought aisistance, and the engine was
instantly stopped, but before the arm could be extricated the
machinery had to be taken to pieces, when it was found
shockingly mutilated. He was conveyed to the King's Col-
lege Hospital, where subsequently the arm was amputated,
but he died on Friday last from the effects of the injury.
Verdict, "Accidental death."
SERVANTS' PROVIDENT AND BENEVOLENT SO..
csurv.—Yesterday a public meeting to promote the *objects
of this society was held at the Hanover-square Rooms. The
Bishop of London occupied the chair. His Lordship briefly
explained the objects of the society, which are to dfford a
weekly allowance to domestic servants in old age, a sum
payable at death for funeral expenses, an endowment for
apprenticing children, the advantages of an insurance office,
and the establishment of a horee for female servants out of
place, and a charitable pension fund for such as may be re-
duced by sickness or misfortune. A variety of resolutions
were proposed, and supported by the Right Hon. W. E. Glad.
stone, M.P., J. Tidd Pratt, Esq. (the barrister for revising
rifle!!! regulating benefitl/4 societies), J. D. Powles, Esq., the
Rev. Messrs. Hughes, Wood, Morris, and others,
Amongst the subscriptions announced were the Lord Bishop
of London, 20 guineas; the Lord Bishop of St. Asaph,
5 guineas; Lord Ashley, 10. guineas; J. D. Powles, Esq.,
10 guineas ; and a variety of other donations, varying in
amount from y. to 11. The whole of the resolutionslwere
carried with the most cordial unanimity, and, thanks being
voted to the chairman, the meeting separated.
OPENING OF THE BROMPTON COUNTY COURT.—
•

YesterdaY the Brompton County Court for the recovery of
debts tinder 20/. was opened in the large room of the Paken-
ham Arms Taivern, Knightsbridge-green, which has been
temporarily fitted up for the purpose, until a Court-house is
erected, before Andrew Amos, Esq., the Judge appointed by
the Lord ChaneeHoar to that and the -Marylebone and Brent-
ford County Courts, Mr. W. Burrows being the clerk, and
Mr. Rogers the high bailiff. The district comprises those
portions of the parishes of Kensington and Hammersmith
south of the centre of the Uxbridge-road, from where Ham-
mersmith joins Acton parish, and passing through Victoria-
gate across Hyde park, and through Albert-gate and down
the centre of Sloane-street to the fiver Thames, includes
Tuesday, under 10!.; and on Wednesday, under 201. The
s
attent
thishln i gjo
ettesab4roi tg, eo.ccCulipe3l,stehar, e
ea ndda
31, u;
hsace of ;Arsons was nsst numerous, but no cases of
public interest occurred. 1 yesterday,han. lhe
csaitsteisnugnwdeilri,sl.n;
MANVLAUGATER AT BRISTOL.-13RISTOL, MONDAY
AFTERNOON.—A good deal of excitement has prevailed in
the neighbourhqod of Clifton, near this city, in consequence
of the death of a girl named Mary Casey, under circum-
stances which have led to the committal
is
the magistrates
of a man named John Millard to take is trial for man-
slaughter. The inve,t,igation by the magistrates was com-
menced at the Council-pouse on Saturday, and was concluded
this day, and from the evidence adduced it would appear that
the deceased was the daughter of a poor widow named
Bridget Casey, who lived in Berkeley-court, and earned her
livelihood by going out to work as a charwoman. At the
back of Berkeley-place, and extending to Meridian-place; is
a rocky piece of ground, upon the upper part of which Messrs.
Bevan and Compton, builders, of Bedminster, are engaged in
erecting some houses, and the accused nran John Millard,
has been employed by them to blast some of the stone for the
purpose of constructing the necessary drains. The site of
the buildings being about thirty yards from the foot and
carriage-way of Meridian-place, and much nearer to the gar-
dens of other buildings„ considerable alarm has been felt by
the inhabitants in consequence of the danger to which they
considered themselves exposed. On Tuesday a gentleman
named Tripp, an architect, residing in Meridian-place, made
an effort to prevent further blasting, for which purpose he
saw Millard and another workman personally, represented
to them the unlawful nature of their proceedings, and the
danger to which they were exposing the public, and obtained
from them a promise that the work should be differently
conducted, and that no more gunpowder should be used
there. On Wednesday morning, however, Millard bored a
hole in part of the rock., put some powder into it, and fired
it. It was stated by a witness named Redhead, who had
had considerable experience in quarrying, that he did not
adopt -the proper precautions against accident, by putting
planks or faggots over the hole, so as to prevent the stone
from flying about ; and the consequence was that the broken
fragments of rock were thrown by the force of the explosion
to a considerable distance. Many large pieces were hurled
to a considerable height in the air, and then descended upon
the tops of the houses, dashing the tiles in pieces, and other-
wise damaging the roofs ; other pieces fell into an adjacent
court, in which the deceased Mary Chsey and some other
children were. A fragment of broken tile struck a girl
named Wall, on her head, „and injured her very severely, and
the deceased was struck by a heavy stone, which caused a
fracture of the skull, from which death ensued. The prisoner
in his defence, said he had been used to quarrying all his
life, and never had had any accident before. Ile told Mr.
Bevan, his master, all that Mr. Tripp had told him, and that
he had promised not to fire more powder; but the next morn-
ing his master told him to bore a hole in the stone and put in
powder and blow it oft It was by his master's orders that
he did it. The magistrates committed him to take MS trial
for manslaughter.

THE INFANT ORPHAN ASYLUM, WANSTE AD.--
Yesterday the annual meeting of the governors and friends
of the Infant Orphan Asylum, Wanstead, was held to receive
the report of the
„past year, and elect 50 children to the beneth
of the institution, the charity now being able to admit 100
children annually. The report showed that there were 216 in-
fant orphans in the society, and that during the previous
year 40 had left for other asylums: The incomliamounted to
6,8211. Ws. 3d., which included above 4,0001. annual sub..
scriptions ; and tho expenditure reached 6,8421. 95. 10d.,
which left a balance of 211. Bs.. 7d. due to the treasurer.
There wore 143 applicants.
Dispatches from the Governor of the Cape of Good Hope
were received yesterday at the Colonial-office.
Mr. Dermistouti and Mr. Augustus Craven had an inter-
view, yesterday, with the Earl of Clarendon.

IMPERIAL PAL EAAMEN T
HOUSE OF LORDS, April 26.
The LORD CHANCELLOR took his seat (in the Wool-
' sack at Five o'clock.
REGISTRATION BILL, (SCOTLAND).
The Duke of RICHMOND presented z petition from
the Presbytery of Airdrie against the Registration u
Birth;, Deaths, and Marriages (Scotland) Bill.
ELECTION OF PEERS (SCOTLAND).
The Earl of EGLINTON gave nitiee that, no Frday
next, he would move for a Select Committee to inquire
into the existing laws regulating the election of the
Representative Peers in Scotland.
MESSAGE FROM TUE COMMONS.
Messengers from the Commons brott;ht up several
Bills.

POOR REMOVAL ACT.
Lord MELBOURNE presented several petitions from
Shepton Mallett, and other places, praping their Lord-
ships to alter or amend the Poor Removal Act of last

The Duke of RICHMOND did not believe that any
one session of Parliament would be sufficient to take
into consideration the whole law of settlement. He
believed that no Government would be so unwise as to
attempt to do so, when there was every chance of Parlia-
ment being immediately dissolved.
After a few words from Lord CAMPBELL.
The Earl of REDESDALE said, on the whole he con-
sidered that the law had worked well. As far as the poor
were concerned it had worked beneficially. It would be
extremely injudicious to make any alteration at present
in the law. and he hoped that it would be allowed to be
worked another session. No Committee would recom-
mend any alteration at present.
The petition was then laid on the table.
GOVERNMENT SCHEME OF EDUCATION.
Lord BROUGHAM laid on the table several petitions
from the Dissenters against the mode of application by
Government of the public funds with respect to
education.

ARMY SERVICE BILL.
Earl GREY moved the order of the day for the
second reading of this Bill, and said he would now pro-
ceed to do what he hail declined to do on a former oc-
casion when the subject was brought before the House
by a Noble Lord, who he regretted to see was not then
in his place. He considered it his duty now to
enter into an explanation of the principles of the Bill,
which he thought he ought not to have done then, as it
was not before the House. The Bill must not be
considered as a single or isolated measure, but
taken in connexion with other measures, of
which it formed only a part. During the
last twenty years a series of measures had
been brought forward which had for their object the
raising the character of the army, and improving the
condition of the soldier. The Noble Lord, however, to
whom he referred, argued that no such improvement had
taken place, and he regarded it as great presumption
on the part of the Government to deal with such a
subject. But, with all deference to that Noble Lord, he
(Earl Grey) was of opinion that the Government, from
the opportunity they had of communicating with this
most eminent and distinguished military officers, were
able to obtain such advice, and to receive such sugges-
tions as rendered them qualified to treat the question in
all its bearings ; and experience had proved that it had
done so, not only without injury, but with great
benefit to the army. When the Noble Lord con-
tended that there was no necessity for these measures,
As the army was in a highly effective and excellent
state, he (Earl Grey) was compelled to differ from him,
and conceived that there was not only great room but
great need for these improvements. He did not, however,
mean, in giving expression to that opinion, to disparage in
any degree the merits and excellencies of the British army.
To show the fallacy of the argument of the Noble Mar-
quis, who said that because the army had been victorious,
that therefore the system was perfect, he might appeal
to an illustrious witness who was then among them—the
Noble Duke, who sat on the cross benches, in his de-
spatches, which were at once the best and the most
authentic records of his great achievements, and the
most imperishable monument of his fame— had repeatedly
described the difficulty with which he had to struggle
in consequenee of the defects of the army which
he commanded, and he would say that they could not
fully appreciate the achievements of the Noble Duke,
and the debt that the country owed him, if they did not
remember what those difficulties were, and if they did
not understand that the Noble Duke had to a great
extent to create the means by which these splendid
victories were gained. He had to discipline and instruct
both the officers and soldiers whom he commanded, and
who formed the army at the head of which, in the
course of a few years, he rolled back the tide of con-
quest which had flowed so nearly over the whole Penin-
sula, and terminated upon the plains of Waterloo, in that
memorable contest, the war which he had commenced
upon the shores of the Atlantic. The Noble Duke was
the best witness of the system to be pursued in the army
in those days. It would be in the recollection of many
who were still in the army, that in those days the lash
was unfortunately made the instrument of maintaining
the discipline of the army, and by which all offences,
both great and small, were punished. While for more
serious cases the lash was used with a degree of severity
from which they at present recoiled with horror, there
were instances in which this punishment had been
inflicted with great severity so lately as the year 1825,
when a general court- martial awarded a sentence of
no less than 1,900 lashes to be received, and of which
sentence, no fewer than 1,200 were actually inflicted.
It was many years before any change took place in this
state of things. An alteration was made in the system
in the year 1818, by which it was made illegal to bring
out the man a second time, in order that he m;ght re-
ceive those lashes which before he was not able to bear.
In the year 1833 Lord Hill restricted the infliction of
corporal punishment to a very small number of offencer.
In the Mutiny Act of 1836, the number of the la-hes,
in the power of any court martial to inflict,
was limited to 200, and in the autumn of the last year
an order had been issued, very properly, by the Noble
Duke on the cross benches, restricting the number of
lashes, for any offence, to fifty. Such were the changes
which had been introduced in the system from the
year 1833. Great improvements had also been
made in the system of imprisonment of the soldiers con-
sequent upon the diminution of the punishment of the
lash. He would then call the attention of the House to
the great improvements which had also taken place in
the comforts and condition of the soldier with respect to
barrack accommodation. It was a fact, that where
there were 300 feet, that 600 feet were requisite. The
improvement, however, that had taken place was far
from perfect. There was one improvement that had
taken place which was deserving of notice—namely, the
providing of places for recreation. The subject of the
state and improvement of colonial troops had been taken
up, which was most important, because, as their Lord-
ships were aware, that it was the strong pressure of the
colonial service that rendered the service unpopular. It
was a fact that, as late as 1836, only two days' fresh
provisions were issued to the soldiers, and the remainder
of the week they were obliged to take salt provisions.
An improvement had taken place in that particular.
Savings banks had also been e,tablished, the effect of
which would prove most beneficial. Measures had also
been adopted for improving instruction in the army.
That was a matter of the greatest importance,
because the welfare of soldiers was in a great
measure dependent upon the instruction they received.
Having thus stated generally, but imperfectly, the mea-
sures which had been lately introduced for the improve-
ment of the army, he would now call attention to their
effects, and in doing so he would refer to two heads—the
state of punishment, and the mortality in the army.
With regard to the first, he was sorry to say that he had
not returns to prove this as he could wish, but he had no
doubt he would be able to show that the improvement
had been very great, and that there had been a great
diminution in punishment in the army. In 1818, out of
28,900 men, there were 2,273 who were sent to the hos-
pital after the infliction of corporal punishment, being
80 men out of 1,000. Last year there were only 4 out of
1,000 who were subjected to corporal punishment. In
the year 1829 there were 19 out of the 1,000, and from
that year to 1836, the series was 16, 14, 11, 10, and 7,
respectively, out of the 1,000. From 1836 to the pre-
sent time, the number had been progressively diminish-
ing. In 1845 it was reduced to 6 7-10. In 1846 there
were no returns, but from that portion of the army from
which they had returns, it was only 4 out of the 1,000.
lie found that the sentences of death were very much
decreased in number in the ten years between 1826 and
1835; the number of sentences of death passed was
seventy six, and of which forty-one were actually
executed, the remainder were commuted to transporta-
tion. The punishment in the last few years had
dwindled down to only one and two each year, while the
sentences of transportation and imprisonment were pro-
portionately decreased. He found that while the num-
ber of men serving in the army was increased, the
mortality had decreased, in consequence of the measures
taken for the benefit of the troops, and by which their
health was very much improved. lie had in his hand
returns of the comparative health of the troops. He
found that in the Mediterranean, in the 20 years up to
1835, the mortality was 23 s.loths for every 1,000 men
employed, while during the last two years the mortality
had been reduced to 14. In other foreign places the
mortality was diminished in a similar rate. In the
island of St. Helena, while the Emperor Napoleon was
detained there, the troops appointed to the station
scarcely ever eat fresh provisions except on special days,
and they were subject, although the station was a very
healthy one, to very severe mortality; while the officers,
who were exempt from the regulation with regard
to these provisions, were entirely free from mortality.
In Jamaica, during the twenty years to which he had
referred, the soldiers died at the rate of 128 6-10ths per
1,000, but within these few years, by changing the posi-
tion of the barracks, and improving the condition of the
rations, the mortality had been reduced to 29 7-10ths per
I,ooo.—(Hear, hear.) The result was, that in the
whole of the tropical climates where the mortality e formerly 84 2-10ths, it was now only 42 1-10di per
1,000, or a saving of life had been effected within the last
two years, of no less than 1,035 men, or about a battalion
a year.—(Hear, hear.) In India, however, he
was seer
to say that no such improvement had taken place, but he
thought that state would only be a temporary one.— (Hear, hear.) He did rert think, however, that iinprove•
went had as yet reached its highest point, and he con-
sidered that there was ample room for improvement in
the condition of' the soldier, by improving andelevating the position of the army, and !hereby inducing a
more
.
respectable class of persons to join its ranks. Loo at the actual position of' the soldiers, as er.npareclw"inthg
the condition or the labourers in Dorsetslure and other
counties of the country, it was really a
wonder' that the
army was not more sought after. The only rcason that
ho could find was, that the
army was composed in gene-
ral of persons of tl,e lowest character, lie
did not look forward to see great
at
change
I,a i
improve-
ment
in the condition of the armya2,i
t
take place in this respect, and the authorities of the
army were induced to say, " We will not admit any
person into the tinny, except persona of good character." -

11.--
Their Lordships could easily imagine what a beneficial
charge such a course would produce on the constitu;
iee of the arnev.—(Hear, hear.) A Noble Lord .
tli
aevued that if thismeasure were to pass,
would, at the expiration of ten years, leave the soil;
The argument of the Noble Lord, however, went oti
_eh „
supposition that every soldier would be so dissatisti_os
with his condition, that he would wish to leave the rank.
at the end of ten years. He (Lord Grey) did not think
that the soldier would be so anxious to leave the arrof
every oldie
at the end of ten years as he was at present, becaoutis.cei
under the new system an improved condition
take place in the soldier, and the officers knowing that
the men would have the power to leave at the cocain'.
that period, would do their utmost to promote the such
forts, interest, and welfare of the men under them. o"i'd,
was the principle of the Bill. Their Lordships
in committee, have an opportunity of dcciding
or too
they thought the period of ten years too long owl
short ; at present their Lordships were required ,_ es
to affirm the principles of the Bill. He might per:uric
be asked to state wnat he thought would be the r tem
of the working of this measure, but to such a quest:ea
he could only reply that the experience which they 94
had, under Mr. Wyndham's Act, was so short that
tO
wvv_hetuher
really did not afford sufficient grounds for conli"
any conclusion upon the subject, though he thought 1;14
if any conclusion could be drawn from the short perlo
in which that Act was in operation, it was somewhat at
favour of the present measure. It was, however' °f g,a.
importance to provide some means for raising, the
eO,.
dition of the army, and for getting rid of the bed
te'cli
racter which the army derived from tee bad characl•seb.
who composed it; let it once be considered as a dad n 0
ment to be dismissed from the army, and he 119:a
doubt that the character of the army would thellj.:ol.o
public esteem. Such a punishment was one much sa
suited to the feelings of the public of this country, la'
or
that by the infliction of the lash. By the 1°01°,4 its
this measure the country would also always have "pato
disposal a numerous trained population ready E°.-atent
forward in the service of the country. Such a oat
was found to work well in Prussia, where a'wriod
all the population were compelled for a r las)
of three years to serve in the army.--(1Ie
ch
That such a course tended to improve the streney
and add to the stability of a continental coup'
like Prussia there could be no doubt, but eltirigit
it might be considered necessary tk r ertisso.antry•
was also equally necessary for this c°-„iiitig
An Act had been passed in the last session for cur
vice
vice
the Chelsea pensioners, with a view to active see r.
when required. Under this Act upwards of 13.000
sons had already been enrolled, and it was quite sttious
ing to see with what ability they performed the 'fsses
exercises.—(Hear, hear.) This force stolid, there in
be of great service to this country in time of willow
garrisoning the towns of Portsmouth, Plymouth, ell to
other towns of the coast. But if this measure wareedi
pass there would be a still greater number of men r°
trained and in the prime and vigour of life, readYeretto
moment's notice to come forward for the d et-
of the country, without the great exrn3e,cosld
tendant upon a standing army, though
be an equally effective force. He
from this measure that the effect would be(d for
a smaller number of men would be require rod
the service of the army, the country having that fer rgcs
force upon which to fall back. Gratuitous disc": the
had been given to soldiers of good character duriaeeives
few past years; and the persons who availed themsthree
of those discharges did not amount to more than ar•
or three-and.a- half percent. At present the gre" teat
ainticipstbtotlet
gument against the dismissal of the bad soldier viraids'
mis-
if it were carried into effect the good soldier %VI" i 5 dis-
conduct himself for the purpose of obtaining his
lose
charge. There could be no doubt that they iv(4l wain
many of the very best of their men, who would 0
wise.
civil appointments. He hoped that they might d°onder
(Hear, hear)—for nothing would tend so much t'" r were
the service popular as the knowledge that the menotser
not tied to it for life, bat that they might obtaiad
that
employment at the end of their term. He believe. e in
that was one of the reasons why the French see victbao
spite of the lowness of its pay, was more poPubler set-
the English. He thought that the next point of iryPos
ance to which they should direct their attentioo9o st
the amount of pension which should be givevese
the end of the usual period of service. to the
should be some means of encouragement held out him'
soldier after the period of his retirement to join
oeca.
self with companies of pensioners, who would heie the
sionally called out to do duty on certain der induce
year. It would require very little or no pains t°
them to do this, for in addition to the small
uld have
payment which would be given to them, they wo _
the pleasure, and he believed that it would be 130 small
one, of again meeting in the ranks their old comptlo,
in arms. The amount of pensions to be
men when they became incapable of supporting the,n.
selves any longer by their own labour, was 6d. pere_ol.74
given to !_,,,„
the amount
otunetamforn,
pension, bat he could assu_re.
.h , h The Noble Lord near him smtileedHaotuste
• might have provided, or might be of 38. 6d. per week in addition to what other means
ll
man by saving
enabled to earn by light labour, was by no means eon'
sidered as a trifling matter. Any increased sum
as
a pension would be found to be
injurious to the country, for it woull offer to manYet:-
advantages of retiring upon their pensions while tug
were still capable of service. In 1829, when
after a service of twenty-one years was allowed
upon a pension of Is. per day, it was found that
ottita
burden upon the country was becoming so verY seri
or
that it was compelled-to be discontinued. Maan,Y.,, ty
these men were only thirty-eight, thirty-nine, ar. .-rwit
years of age when they retired, and it was well kilobit,
that they left the service upon the large pension, %‘.There
A toaremitcree
still perfectly capable of doing further duty. d
was also a great abuse in another regulation which Da_
been introduced since, namely,
sion to soldiers who were after a certain period incer 13,1.!
of doing further duty, and were discharged from 70
ranks. The consequence of that was, that a mat;
the payment of the pae.rl._
had ruined his constitution by the practice of dr:"
ob
who
ardent spirits passed the Chelsea Board, and
his discharge and pension, while those
. abuse
service were retained. In order to obviate suet)
Id re
had conducted themselves well, and were fit foinrefnurthers
it was proposed that the men in the ranks should
ceive trifling increase of pay for good conduct..ul e:l'
~...
amount of the increased payment was under certaia.o`..
cum,tances to be added to their pension, and 01
acco.
creased payment would be regulated in amount
ing to the period of service. He had now touched 'Wnc
oo
all the principal heads of this measure. It was clad
which from its complexity and importance de070.,,..
their Lordships most serious attention and considers'
tion. He left it in their hands, at the same time hank-
ing them for the kind indulgence he had receiveds
. ensure
Viscount COAIBERMERE thought that
would not improve the condition of the army,
• on t e s
h übject.
nion he was borne out by the best authorities up
hose they had
They could not get a better class of men than t
a better
now in the service. He denied that they could get
take to brio%
class, but assuming that they did,how long would
it
„ht then
antdhit.n this opi-
them into a state of discipline, and having at last brou,
a. in
into that state how long would they be required to retern:,,io
the army afterwards? It would be an impossibility
those troops who were stationed in the colonies in the enict7.,.
state they were in at present, under the operation of the :ee'.
system. They had 128 regiments in all, and of those 72 71
Why there were no less than 6,000
on foreign service.
going out and returning annually from these foreign possesstoPf
He took an intense interest in the welfare of the army, anal'
was because he did so that he had felt called upon to trouble
their Lordships at so much length in opposition to the Bill.
The Duke of WELLINGTON said, the NoLle Lord, who
had just sat down, need not have apologised to their Lordships
for detaining them so long, for no Member of that House wig
more capable of speaking on this subject than himself. Still,
however, he thought the Noble Marquis was wrong in thi
opinion
ton
s uhpo
he had
it if h
formeddefelt onit
thatthis tB
wouldill. Hleeads htooulad
dbleminthea
• • don
of the old soldiers of thethat the
army, but he was convinced
Bill would produce no such result. No army could exist wee
war the efficiency of the service mast ben keptune up
out a sufficient number of old soldiers. it.of
peace and
and arAt
could not be done without the a
with old soldiers. When any dangerousrm
operationswas were t°
be performed, the old soldier was always the first t°
set an example of bravery. The old soldiers of this countrY
were its safeguard, and if their Lordships passed any
that was calculated unnecessarily to reduce their number, theri
virtually struck a blow at the defences of the nation. In 8.
parts of Europe, in the Peninsular, in North and South Air:,
rice, in Africa, and in China, the armies of this country had
accomplished great achievements, and how, let him a.,
hht)er
Lordships, were those achievements won? hy, throng
eehs
instrumentality of the old soldier. He could not instasen.
better guidance of the high value of the old Id
the steent
than by reminding their Lordshps of ,e wee
measure
in which he was held by Napoleon, and ion
he might, for through his instrumentality Ilar see
won some of his greatest victories. The old soldiers were theiht
fore the ablest defenders of their country, and nothing 00 3
to be done which could tend to reduce their number. NT,
was his opinion that this Bill would not have such an Their
and he would tell their Lordships why he thought so. "lod
Lordships must be aware thaf enlistment for a limited ter-e
had long existed in the army to a small extent and alt",°.7
ceeded in that limited form. This Bill, h
it had failed when carried out more extensively, it het' nut
many inducements for good condnct, and he r, held
rongly 00-
pressed with a conviction that these inducementswa9 Vlo:ll,deletellis
to a re-enlistment of the soldier at the exp. te nv of et
years. He was, therefore, disposed to try the exPel' the
of limited enlistment again, and he ne t Oslo°,the
liveliest hopes for its success. At the end e* oe
ten years, their Lordships would perceive
ilt that
Bill that the soldier who had behaved himself dar-l°.-of 4d.
term of servitude would be entitled to an additional PO. And
per day, and looking to the other inducements of
promotion that the Bill held out, he must repeat Ws tlFeeli.,s
opinion that the soldier would become so comfortable to "i;e
situat' ion, and so attached to the rofession that be would
seure
certain to re-enlist. Of course hisanxiety wee
on y
ported this
ill
the efficiency of the public s • ervice, and be suP 'ect.
because he thought it was calculated to ensure that obi
For his
He entreated their Lordships, therefore, to adopt it.
doubt it
own part he would do his best to carry it ont. ase,
pension..eti
would involve the country in some slight additional exi!tehost
but the condition of the soldier could not be improved !
wooer,
that risk. With regard to the Bill relating to the Per rto
whom Government ought _ topay
he thought that measure wasnecessary, hut the pensione.
tion,
he hear.
were the vetran soldiers hose brave men who were t to see
and soul and spirit of the regiment. What he wantedtrt_,ed
was good conduct prevail in the army, and to see them "1"
those effects
with good treatment and justice. He believed that
eould be produced, and he believed that a system like that
ffect pr(
pro-
posed by the Government, would have a greater e
he most atter,
the
ducing this good conduct, than any other course which cool.
he adopted. He believed that this measure would not have
it would
effect apprehended by his Noble Friend, and that
trear.d
not remove the old soldiers from the regiment. He en w
their Lordships to adopt the measure.—(Hear,
The Duke of RICHMOND gave the Governmen.
te.he
fullest credit for good actions with respect to the army,:
their
looked with extreme suspicion on the measure before
.0
the
hear.) t the
Lordships. He considered that great evils would result
injurious
army from this measure. Its effects would be most
ob _
on the coast of Africa, or other unhealthy p4ces. His ein
on that part of the army which might be required for s evr
Why thee
Friend bad stated that great improvements had taken INac
the morals and conditions of the army in general.
tid not
in the name of Heaven, did they not leave well alone, 'Lent I
attempt to ntrAuce anv new and hazardous expernue
,od
This improvement had taken place in the army during a p
u Id pug
of unlimited enlistment; why, then, did the Goveruolota
to introduce any new system? He thought that it "