The Sun.
London, England, 1841-05-01 00:00:00

EVENING EDITIGN

COURT OF SEWERS, WESTMIN-

3TER,

A tiS-..7rs for the City and Liberties of Westmin-
ster was yesterday held at tie office of the Commissioners, iu
Greek-street, Soho, at 11 o'clock, for the purpose of swearing
a Jury, to inquire into such things a.: shall be given them in
charge, and to present what houses, lands, and tenements, are
benefited by the new making, repairing, or cleansing, the
Common Sewers in the Western Division of the Vest-
minster Sewers, or that they may receive hurt, loss, or disad-
vantage, by defect of new making, repairing, or cleansing, such
sewers ; and also the annual rental value of the several premi-
ses, for apportioning, according to the interest of each indivi-
dual, his due share of the expense appertaining to the sewage.
The Jury List having- been called over, various persons who
had not answered to their names were ordered to be summoned
to show cause why they should not respectively be fined 5/. for
non-attendance. One of the Jurymen, whose real name was
Scolhck, having been summoned as Sedgwick, a long discus-
sion ensued as to whether the panel could be altered, the
Chairman contending that the Court had the power to have it
altered ; and Mr. Thistleton Dyer, and other Commissioners,
that such power did not exist, and that it was not a question
for the Court to entertain, as to whether the panel should or
should not be altered.

The CHAIR ;lAN having put the question as to whether the
panel should be corrected,
Mr. THISTLETON DYER protested against the question
being put, and requested the Under-Sheriff to state whether he
legally possessed the power to alter the panel.
The UNDER-SHERIFF said he had known such alterations
made in the Court of Queen's Bench and at the Quarter
Sessions.

The question was then put, when there appeared for altering
the panel 10; against it 4.
The UNDER-.SHERIFF refused to alter it himself. The
Court had the power to do so.

Captain BAG uE though the Chairman would be taking upon
himself a dangerous responsibility if he were to alter the panel
after what had fen from the Under-Sheriff.

Mr. BROUGHTON said it was a mere point of practice, and
the Court clearly had the power to alter the panel in the same
way as the Court of Queen's Bench exercised the power.
The UNDER-SHERIFF, to put an end to the discussion,
would takempon himself to make the required alteration, and
it was made accordingly.
The Jury having chosen 31r. Thompson as their Foreman,
were impanelled and sworn.
The officers of the Court to be examined having beenbrought
lip en masse to be sworn, according to the usual practice of
the Court,

Mr. THISELTON DYER protested against their being sworn
in such a manner; they ought to be sworn as they came up to
give evidence.
The CHAIRMAN interrupted the Hon. Commissioner. In
point of order he had no right to discuss the matter then,
and he should put the question that the officers be sworn in the
usual manner.

Mr. MuLLIN's thought, as the Jury were to hear evidence in
open Court for the first time, they ought to adopt the usual
practice of Courts of Justice, and not abide by the practice,
which might have been very proper when the Jury retired to
hear evidence.

81r. Baouc HTON said that if the usual practice of the Court
was to be departed from the matter should have been proposed
when the Court was sitting in its deliberative and nut in its
judicial capacity.
The question was then put and carried, and the officers were
sworn in the usual manner.

The CHAIRMAN then proceeded to read the charge to the
Jury, and having explained to them the duties that would de-
volve upon them, and described the state of the sewage in the
western division, proceeded to state that it had been usual
to snake the Sewers-rate upon the basis of the Poor-rate ; but
that it appearing that various properties not rated in the Poor-
rate were liable to Sewers-rate, such as churches, public build-
ings, burial-grounds, &c., the Court had ordered a survey of
suct,preperties to be made, and the result of the inquiries of
the surveyors would be laid before the Jury for their conside-
ration. The Chairman then proceeded to read various por-
tions of the law relating to sewers, with a view of showing the
legal liability of every species of property to be assessed to the
Sewers-rate, that rate being, in fact, a tax upon the land of
a more extensive nature than even the Land-tax itself. It
was for them to sly whether there was any property
legally exempt from Sewers-rate. They might be of opinion
that there might be difficulties in the way of levying the rate
upon Churches and Palaces, but it was for them to say whether
there was any escape from the clear words of the law. The
Attorney ann Solicitor-Generals had given it as their opinion
that the Palace was exemapt, but that could not be. The
Chairman then at great length related the history of the liti-
gation respecting the rating of the Palaces, &c. ; the fact of
the presentment of Churches, &c., by a former Jury,
the decision of the Traverse Jury as to Chelsea Church,
and the opinions of Dr. Phillimore and Nlr. Hoggins as to the
power of enforcing a rate against the Church, together with
the proceedings adopted by the Court, in consequence of those
opinions. He thought that they would be of opinion that all
the circumstances of the case created a virtual exemption for
Churches. With regard to Courts of Law and the Houses of
Parliament their Solicitors were also cf opinion that there
-were circumstances which would render the enforcing the rate
against these buildings difficult if not impossible. It was
far the Jury to determine whether, as regarded church's, pa-
laces, Royal gardens, the Houses of Parliament, and the Courts
of Law, they were of opinion that it would be advisable to
present them as liable to the Sewers-rate or not. The Jury
might hear the evidence either in open Court or retire to
another room for that purposo, if they thought proper.
The FOREMAN thought it misre advisable that they should
retire to another room for the convenience of examining plans.
He wished to know whether the rate was prospective or retro-
,spective, . .

The CLERK—Principally prospective.
The FOREMAN was about to ask questions relating to the
laws of Sewers, when
The CHAIR3IAN said the solicitor would be examined before
them, an,l would explain the law.
The FOREMAN wi,hed to know whether they must all agree.
The CtialaatA N—Twelve must sign the presentment, and
a presentment must Le made.

FOREMAN wihed, then, that they should retire to rer-
:form thpir duties.
Mr. 1.5..-sLiF. wished to know on what authority the Chair-
initi gave the Jury the option of retiring. lie strongly pro-
tested against such an alteration being submitted to..

Mr. ADEY rose to order.
The FOILEMAN of the .Juiss protested against their bring
detained by these discussions. He wished to retire.
Mr. MULLINS protested against the Jury sitting for any
other purpose rhan for inspecting the tlans ; and it he stood
iakme he would oppose their retiring.
The CHAID.MAN said the Jury had requested to retire.
Mr. LESLIE ruse, but was met by loud cries ot " Order,"
which rendered him in.tudible.

13nocc I'TON msr to order. They had come to an extra-
ordinary state when a Juryman in the box was protesting against
the decision of the Judges. Never had he heard, after a charge
had been given, any of the members of the Court protesting
against it.

The FortEmAN wished the question should be put at once,
as they Here sure the Court would decide they should retire.
:lir. T. DVEIL protested against a Juryman dictating to or
interfering in the di,eust,ions of the Court. It was most mile-
comus, and what he had never before witne,serl or heard of.
Mr. LESLIE said the responsibility rested upon the Chair-
wan fur giving the Jury the option of retiring. They had
been sworn to examine, the questions there.
The CHAIRMAN put an end to the discussion by telling the
Jury they might retire, and they did retire accordingly.
During their absence, in answer to a question from Mr.
Dy

The CHAIRMAN stated that the charge was to be consi-
ekred as the charge of the Chairman alone.
Air. T. DYER said that 31r. Smith had been sworn to give
evidence as the solicitor of the Court, now he had called for his
appointment, and it was not in existence. if hereafter the
rate •hottki be disputed on that ground, he hoped it would be
remembered he had warned them in time.

'1 he CIIAI itMA N said that bills had been presented by :Messrs.
Smith and Son, and raid to them fur business transacted by
them as Solicitors to the Court.

Tue Jury did not return into Court until nearly six o'clock,
'when they delivered in a presentment, front which the Foreman
stated they had omitted the churches and burial grounds, and
that they were desir, us the Court should be as lenient to cha-
ritable institutions as possible. The Jury at one time had been
desirous of omitting them. They had likewise omitted the
kelaces, the Parliament Houses, and the Courts of Law.
The CuatitmAN then discharged the Jury.
Previous to their leaving the box one of the Jury said he
thought it hard that the Commissioners should have to keep
the churches drained, and that those churches should be ex-
empt from the rate. He should therefore be glad to see a pe-
tition emanate from this Court to Parliament, praying for the
abolition of Ecclesiastical Courts, when they might rate
churches without the fear of incarceration.
The wual notices of the presentment were then ordered to
be published, and the days of appeal fixed for the 25th of May
and he 22d of June next.
Mr. LESLIE desired that the presentment might be read, as
he understood the Parks had been omittalso. On reading
the presentment it was feund that the churches, burial-.
grounds, royal palaces, courts of law, Houses of Parliament,
and the parks, were omitted.
On the motion of Captain BAG TIE, the charge of the Chair-
man was ordered to be printed, and the Court adjourned at
six o'clock.

The Commissioners whose names appear on the presentment
constituting the quorum to whom the presentment is made,
are—J. L. Donaldson, Esq., Chairman; Captain Niue,
ji,N , G. Barker, W. White, J. Goldsmith, and J. Jacobs, Esq.

BERLIN, APRIL 12.—A great subject of con-
venation in the highest circles is the expected arrival of the
Ele toral Prince of Hesse, a very near relation of our Royal
family ; he being the son of the pious Electress of Hesse,
sager of the late King. The object of his visit is said to be
Ito consult our prudent Monarch on the succession to the Elec-
toral, because his sons being born in a Morganatis marriage,
-are not qualified to succeed to the Throne.
We have often had to state instances of the fecun-
dity of sheep, butfollowing the is one which we think has
,_3lrs..Bell, of Mork, near Keswick,
rarely beat surpassed
has at plesent in her p
during the ossession a favourite ewe of the fell
liPeed, wiich, last four years, has produced no less
than itinelambs, the whole of which she has reared, excepting,
spring, which, however, have every
43f course, those yenned this
app' arance ey di;'in,
As a fait
. . well.— Cumberland Pacquet.
specimen of the arguments employed
at Nottingham
influenced by with such voters as were likely to te
Path representations, we are assured by a
gentlernan, cal; I;___
--° .mppened to be in the town on commercial
business, as a fact vn.L.a_
manly stated by teal'
, i.nt his own knowledge, that it was cam..
-"Y canvassers fcr Mr. Walter, to those
who were 'mown to be e.
suspected of being
favourable to their view*, , that Mr.
ts. or were
Walter's election
would turn out the pretest blinistr , and that the Tories
would obtain the pardon of all pYolitical offenders, and
bring back Frost and the other tu,rtists who were trans-
ported for their share ia the insurrection at Newport.
Poor deluded simpletons ! had a Tory Government been
is power at the time of the insurrection, ever man =-
y
victed of taking active part in the outrage would assured-
hive been banged.
DISTRESSING ACCIDENT.--(), Frid lastay,
as the Subscription Coach, which was filled with assenu
inside and out, was entering this town, on its journey- warts
one of the wheels came off, and the coach wait
westwar
passengers, however, all escaped unhurt, with the exception The
Isaac Sparkes, Esq., of Crewkerne, who, we deeply 1,2,41 of
state, was thrown under the coach and sustained a eote-p;;;,,;°,
fracture of the leg, and severe injuries of the foot and ands alrieh rendered amputation necessary a few hours afterwards:
r. Sparkes, we are happy to hear, is going on favourably. He
harkonlygipt on tbe,coach at Lopen Head, and had intended 1
enig a .Tdrquay:-.llWe deeply lament to state that intelli-
spree has just reached us of the death of Mr. Sparkes, result-
lag from the above accident. ]— Sherborne Journal.
We understatd,- that in acknowledgment of the
eminent pallid_ _services rendered by Major-General Sir
George Arthur, during kis administration of the govern-
- ment -ot Upper' CanaN he is about to be raised to the
dignity of a*,Barenet.;:' The Gallant Officer's return to
this -comity wass the inevitable consequence of the Act
wbitit united theTanadian Provinces, and which, there.
fore, brought to a close his separate command, both civil
and military.

SPIRIT of the PUBLIC JOURNALS.

FROM THE DAILY PAPERS OF YESTERDAY.
GLOBE.—Lord Howick has intervened in somewhat
the manner of the Beefeater in the Critic in the denoue-
ment of an intricate situation of parties. The Noble Lord
presented himself betwixt them with an admonition to each
on tho propriety of composing their differences a regards
Ireland.

In the Queen's name I charge you all to drop
Your swords and daggers !

The swords and daggers may be considered as dropped
for the present. There can neither be Stanley nor
Morpeth legislation neither thrusting nor parrying.
If Ministers, on the one hand, have abandoned their
position of defence, so have Opposition tacitly and vir-
tually that of attack. It is as good as acknowledged by
Sir Robert Peel, and even by Lord Stanley, that it may
be necessary to consider the franchise, in reforming the
registration. They are, in effect, constrained to the
quasi-recognition of that principle, though they will not
consent to the Ministerial mode of carrying it into execu-
tion ; and in this dissent are joined by a small number of
Liberals, and aided by the apathy and absence cf
others. The contre-projet of Government to that
of Lord Stanley has not, therefore, been fruit-
less, nor has the discussion been thrown away.
The principle that a new constitution of the fran-
chise must accompany a new regulation of its exer-
cise we regard as having been established in the de-
bates on the rival measures. The views of the two
parties which divide Parliament, and the shades of opinion
which form minor divisions in parties, have been
pretty strongly illustrated in the course of the same
discussions. The Tory leader professes to find
grounds for congratulation in the contrast between
Liberal divisions and Tory unanimity. These grounds are
more specious than solid. Apparent divisions, and the
absence of apparent divisions in parties, afford no conclu-
sive evidence of their sound or unsound internal condition.
Divisions may result from vigorous thought and sincere feel-
ing ; unanimity may indicate the suppression or absence of
both. It is evident at once that a matter so problematical, pre-
vious to experiment, as a measure for the reconstruction of a
national franchise, must give rise to divisions of opinion ;
and such divisions show themselves without restraint,
where no overpowering general feeling impels action.
That there are no such divisions on the Tory side—if it
is true, which we don't believe, although Sir Robert Peel
says it—proves nothing to the credit of the Tory party.
It may only prove that those of them who have rational
views on the subject do not care to distinguish themselves
from those who have none, or none reasonable.
STANDARD.—Lord Morpeth's Irish Voters Bill
was last night defeated in committee by a majority of 300
to 289—a majority of eleven in a House (including
tellers, Chairman and Speaker) of 595 Members; leaving
of the whole number but 63 absentees, paired or other-
wise absent. This is a clearly unequivocal declaration of
the sense of the House of Commons upon the great minis-
terial measure of the session. It is, we believe, this day six
years, to the day, since Sir R. Peal resigned office in con-
sequence of a far less plainly spoken hint from the House of
Commons ; but we expect as little that ministers will
imitate the conduct of Sir Robert Peel in this part of
his conduct as we can expect them to imitate him in
the rest of his honourable career. They will not, to
borrow the words of their friend Mr. Hume, play any
such foolish game. They will rather adopt Mr. O'Con-
nell's suggestion, and present their disgraces by the
Imperial Parliament as a new title to the affections and
support of the Irish Repeal4rs. The particular question upon
which the House divided was, the adoption of the second
clause of the Bill; the clause which would fix the franchise
upon the occupation of an 6/. rated tenement with any
fragment of a fourteen years' tenure, and without any re-
ference to a beneficial interest. This Ministers described
as the principle of their Bill ; and, being beaten upon
this, they abandoned the measure; but, as Lord Stanley
predicted for them, the measure was the only thing they
would resign. The debate was the most animated of the
Session.

COUR IE R.—The finishing touch was last night given
to the IMerpeth moonshine sketch for Irish legislation by its
withdrawal from further exhibition. Lord John Russell,
with as much coolness as if he had never it that
the wretched daub was the perfection of a.t, concluded
his " last dying speech and confession" on that special
badge and abortion of O'Connell slavery, by moving
" that the Chairman do leave the chair," without re-
porting progress, or asking leave to sit again. It is
now, therefore, not worth the while to waste more
words upon a scheme of which, from its birth to its
exit, it may truly be said that its concoction was
a compound of fraud and folly, that its presentation
to Parliament was an unparalleled combination of Mi-
nisterial meanness and effrontery, and that its procras-
tinations, vacillations, and transformations day by day
since, are among the most memorable Protean specimens
even of Ministerial shiftiness, trickery, and dishonesty.
In the midst of disgraces so unexampled and so multiplied
—disgraces which 'would hive swamped a dozen other
Ministries—nobody thinks of inquiring when did Minis-
ters resign, or when will the O'Connell GGvernment
give up. We notice the simple fact, leaving the comment
to the ri.ghtmindedness of every honest and honourah'c
man. Even the well-bred dog does not wait to he kVied
out. We havo an opinion, however, that although Lord
John will not permit the last days of Whiggery to be
registered under the Irish Act, yet, if we may be allowed
the vile pun, Mr. Baring with his Budget may compel
him to budge from his quarters before the greedy hangers
on of office shall have succeeded in effecting an entry
upon another quarter, and so establishing a claim to the
usual complimentary quarterage dues.