The Sun.
London, England, 1841-04-15 00:00:00

AC% ill

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fr,io t

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s the limit of s:ven des
.11 computed by the new es
esk., three clauses we rind feels
hre., of the smaller points en
ta still exist. They settle
each, it is tree, to tl.c alivsnta27e of " the Whig
jute: ca:," and, if .'e ore to judge from the rest of the
13;11, we Nhcuid feel entitled to say that this is the ob.
f:r their constrmtion. Still, however. if
this tree pa; ty Liss %Teri, all, n'e would offer no c,:in-
laie• The rem..indcr c.f the Bill, however, is of a tot.llly
eiffeer.t c',rar...ie-. It is wholly an infringement of the
'SPtdellent of 1832. it in, like Lind Morpeth's Irish
Bid, not 14:6 excl.,nation of the existing .‘ right of vntinft,"
hut the cre:-li.ion of ai entir:ly new right. If such nib-
Ll:reg atterilits ore tilerated, there is no security that the
uh,le R4o!in 13:11 may not be f:ittercd away in less
thou an: t ter year?. The second clause repeals :he
toot distin,it. and therefore the most valuable proviso in
the 1,1,1.,rrn 8.11-0-st which enacts that a borough v,ter
shall Sit)'. he regi.tyrerl except he shall have paid on the
20th of 1.13 all Poor-rates and Assessed Taxes which
b.tiail hare been due from him on the 6th of A';iril
treceding. This enactment had the excellence of being
and i ; and no part of the Reform Bill has
given rise to less litigation. But let our re sdlis observe
the Jeleetable piece of equivocal jargon which it is pre-
pof,e.l to s.o..)s'inte in its room. The second clause having
renle 1 t'-e rate-pnyi:.g proviso of the Reform Bill, the
third ohs e runs Otis :--" That in lieu th,reof, the pro.
viso be, that no person shall be registered as a borough
elector unless he shall have paid within the proper and
leya! period all the poor-rates which shall have become
payable from hire, in respect of the premise; for which he
is registered, during the year ending six calendar months
before the last day allowed by law for paying arrears of
Tires." ! ! And this mass of unintelligible vagueness is
offered to us as an improvement on the Reform Bill
(From the Morning Post.)

1

They t;:(1 set

d

with t

N WUS

In the Unitcd Kingdom and tn-o British islands there
are seventy- seven millions and neatly a half of another
million of acres of land. Of these, forty.six millions and
a half are not only cultivable, but under cultivation, so
that we bava about two acre> capable of growing food for
cv:ry inhabitant who is to be fed. If this be not enou,gh
(under proper management), our people must have more
enormous appetites than even those who most satirize
John Bull's eating propksities have yet given us credit
for- Besides the forty.six millions and a half of acres
under cultivation, there are fifteen millions more which are
supposed to be capable of cultivation, and nearly sixteen
millions which in the present state of agii,zultural know-
ledge and experience are held to be inevitably barren, so
far as the production of food for msn is concerned. But
surely the fifteen millions which may be cultiva'ed form a
tolerably good reserve in case of nett& and there is still
a greater resource in the improved cultivation which
might, under new arrangements, be resorted to. So long
as we measure labour by the value for which its produce
can be exchanged, it will not be considered profitable to
obtain the highest amount of produce from the land which
the land is capable of yielding; but if we consider land
R 3 the source of fond for the people, and regard the
quantity of food which the people might raise out of it
were it parcelled out among them as gardens for each
family's support, it is not going beyond what experience
will confirm, to say that five times the present produce
might be raised from the cultivable portion of our soil.
( From the Morning Herald.) _

Everything was looked for, by the friends of Greece, et
nthe 1ia.13 of King Otho, which could reflect honour on
himself, and confer the blessings of limited monarchy, faith-
fully rid:nii,i3terecl, on a grateful people. Even the youth
of King Otho—though it made many doubtful of the wis-
dom with which the mighty duti:s of his responsible s:a-
tbn would be discharged seemed to offer some

security for the faiilnfulhess Ind ardour ix ih
which his efforts would be eirected to the fulfil-
ment of Hs august functions. In a Court from wIliA
it was aesumed, as matter of course, that the jealous
End vindictive policy and secret crimes of the thto-
rnan Emperors weal be for ever baniAel, security of
live and limb, as well as of property, -wis looked for-
werd to as a right for which it was scarcely requisite that
the Stato of Greece shduld specifically stipulate. In a
regenerate land still echoing through all its classic valleys,
and from the summits of its glorious mountains, with the
antique hymns of lib'erty—it was never im?gined but that
slavery was thenceforward an extinct chimera ; that it
would be remembered by the children of young Greece
only at a stor:ed phar,t3srn—an impimible horror—a. bnr-
harotis tradition of shame and Moor), such as ace tae

It g,.0...13 C.Elt Etlil prevail among the neighbouring
aud.otlier, 4efi4,ees of the f1.1c..,t regions of D-1-
matia. Theio hopes li,v3 long be.:- blii,,rhted. By the
aommunieilion we publish this day frjm our correspou-
deut Athba7, it should EC 2111 they are now irmtliav-
ably blasted ! We bavo, from time to tie,. performed

the pa'!6fal task of proclaiming many acts ;:f culpable
'folly, and. of, unconstitutionsl violence, on the tart of
Kick Othu. But we confess that we were not pre-
pared for the charge of such extreme moral &Li,-
quency as must be considered to attach even to the Save-
s‘lin but passei ov'ff, in his own creatures, unpu-
nished, the atrocious pract!e,!s of torture, poisoning and
slave-tradirvi. Bat if these be carried on, with the pri_
vity and permission of Otho and his Carntrilla cabal, in the
way described by our Athens correspondent, we have no
be-itztion in saying that the dignity, the power, the cha,
racter of Great Britain are concerned in demanding in-
stant explanations of th;s Prince—proofs of a vigorous
effort on his part to detect and bring to justice the indi-
viduals concerned in such transactions—and exculpation,
if he can make out such a cause, from the charge of a
broach of the faith oc treaties for the abolition of slave_
trading, to nbich we ourseltes have been such earnest and
prominent partio.
(From the Globe.)

The Hertforilsh[re Tories
in
ainel a severe defeat
on Monday last, by the decision, nan unprocedentedly
numerous meeting of county Magistrates, which gojs
to substitute a County Police for the proverbially in-
epcient parochial constables. It is true that the ques-
tion was not strictly a- party question, and ought not
to have been so regarded by either the supporters or
opponents of the proposition. It was, however,
trade to assume that character by those who resisted
the introduction of the New Police system. The Mar-
quis of Salisbury being the leader of the Opposition,
the great bulk of the Tory Magistrates, including clearly
all the. Parson-jastices (of which there are a large pro-
portion in the Commission), were, olhceourse, of' 'opinion,
with the Noble Lord, to whom' owe so much,
that the old system is preferable to the3:l new one, bo,h
for its efficiency and chea ness ; am. that bothi. the
property and persons of theP people. in rural districts
would be fa, more secure under th eir protection than
by the presence of a
employe.d, day regularlydisciplined. and con-
stantlye night police, duly inspect-
ed, and responsible to superiorand also
for their per-
sonal conduct and activity, for the state of the
respective districts committedunit to their charge. Hap-
pd!, , although but by an prevailed
in the Court over the attempt'
tI-I.c:er perpetuateHertford—to ° n s Q
the parish
constables in the county of
to the great
satisfaction of the bulk of its inhabitants,"d—
that the Tories, as a body—there are wohpotioseZ,,P.‘l,ll;'cl.l2ll
because of their
become more honourably conspicuaonudsebxi
rarity—oppose the most obvious
ypcea.atihvely-de-
manded improvements, if by so doing they
hut gain
a paltry temporary advantage, which they mayn e able
to exhibit as a proof of superior numerical strength.
(From the Standard.)
.

The real business of the Session may be expected to
commence at the re-assembling of Parliament next
week. The rival bills of Lords Stanley and Morpeth—

..-
the bill of Mr. Colquhcun for the " Emancipation " of
the Romanists clergy from the mock control of the
Government—the motion of Sir Robert Inglis for ex-
tending the means of religious worship in some approxi-
mation to the wants of the country—will all soon
force themselves upon public attention—ind,
that most lastly,
peremptory of all days, the day of
reckoning, the day of "the budget," is promised to ar-
rive before the end of the month. Of the two Irish ii
I

registration bills it is not necessarY'to say much. The
public of all parties concur in the acknowledgment that
the present vile and abominable system of the Irish
elections cannot be longer endured ; and the Chartists
and Radicals must, by this time, have learned
from Mr. Lyon M'Kenzie, if they did Hot
know it before, that universal suffrage, such as
Lord Morpeth's Bill would establish, whether es-
tablished -with or without " the ballot," is not
only ,no remedy for fraud, perjury, and corrup-
tion;but the most effectual means for rendering all three
.:of easy practice, and therefore all but universal. Lord
Stanley's Bill may be rejected, but. it is impossible that
:Lord: Morpeth's Bill can ever pass ; and the rejection of
Lord Stanley's Bill will be no more than a simple de-
claration, on the part of the majority, that they
have an interest in the villainies of the Irish elec-
tions, which villainies they confess to the full extent
of their atrocities, but which, nevertheless, they vote
to perpetuate. The principles at issue in the rival
bills is now perfectly clear to every one. Let gentle-
men take their side in the dispute according to their
notions of profound honesty and political morality,
and let the public judge of their conduct when
next they shal present themselves at the hu.slinge.
Equally clear are the merits of Mr. Colquhoun's
13:11. It is plain that under the existing law the
College of Maynooth fulfils none of the conditions
upon which it was first established anti has since
been supported. However proper it may be to inves-
tigate the causes of the failure, by a minute inquiry into
the discipline and course of study in the college (and
such an investigation were highly proper), at present it is
eunuch far us to know that :he institution has not pro-
mo! ef:l the loyalty of the Roman Catholic clergy (its
ostensible purpose), or even recommended itself to the
care and affection of the Roman Catholic population.
. (From the Courier.)
Nobody has doubt_ ti for one moment since the esta-
blishment of the new Poor-law, that is nobody out of
the sphere of a foolish fox-hunting squirearchy, that
coequally and contemporaneously with it Corn-laws
could not long be tolerated, and to speak truth, ought
not to hr. It is impossible in a free country like this
that one law for the rich, but another anti a totally dif-
ferent law for the poor, should long exist together.
Now, fere and water would almost blend es harmo-
niously together physically, as Corn-laws and new
Poor-haws morally. The principle of each in many
respects is esFeitially and vitally hostile die oee
to the other. The Corn-1 trvs arc protective of the
interests of one part of the community, that is,
of the egricultural classes in especial ; the new
Poor-laws are destructive of the interests and hap-
piness of every class of the community, save the proud
and pursy landlords of the soil and the millionaire tra-
ders of the city. The question which must come to he
solved therefore sooner or later is, how long will the
masses he disposed to submit to the one-sided legislation,
by which their old Poor-law protective rights have been
swept away, and replaced with the decimating despotism
of new Poor-law gardery and starvation, whilst they see
the upper classes revelling in all the exclusive wealth
and enjoyments springing out of property rights well
and rigorously prctected. It is not difficult to foresee
the result to which this " experimentalising" new Poor-
law legislation will lead eventually ; for an " experi-
ment," although a long one, the new Poor-law ac-
cording to Sir Robert Peel himself.

noNEY MARKET and CITY NEWS.

FROM THE MORNING PAPERS OF YESTERDAY.'

CHRONICLE.---The failure of another official assig-
nee of the Court of Bankruptcy was made known in the
course ( f the day. These breaches of trust on the part
of publio men, and others equally bound to a strict ful-
filment of the r duties, continue to be commented upon
by the mercantile classes with much severity. In the
present instancy the deficiency on public account is said to
be from s:.arn to ten thousand pounds.
Large contracts for wheat and flour for shipment frore
Canada to London and Liverpool have been lately con-
cluded. Upper Canada wheat is to be put on board of
the several vessels chartered for the purpose at 6'. 3d.
the 'Nibs. ; and Upper Canada flour at 30s. to 31s. sterling.

TIMES —The feeling in the City on the subject of
the non-arrival of the President has been stronger to-day
than on any former occasion since the first doubt of her
safety arose, as it appears that the hope raised by the ac-
count circulated last night of her having reached Madeira
is altogether without foundation. Indeed, this account
seems, never to have obtained the least credit at Lloyd's,
where the event would necessarily be first known, if at
all. In the course of the day another rumour sprung up
of her having at last reached Liverpool, but this also,
upon inquiry, turned out not to be true, though it was
affirmed that a special train had been despatched to Lon-
don with the news. On the whole, in the practical busi-
ne,s of Lloyd's, the notion of risk has undergone some
slight diminution, as the premium, which was yesterday
40 guineas per cent., sunk this afternoon to 35 guineal.
The subject occupied general attention in the City, up to
the hour when business closes, in a very remarkable degree.
Tho last business done at Lloyd's was at 40 guineas.
The premium on gold at Paris is 7f per mille, which, at
the English Mint price of 31. 17s. 100. per ounce for
standard gold, gives an exchange of 25. 33, and the ex-
change at Paris on London at short being 25. 45, it follows
that gold is 0.48 per cent. dearer in London than in Paris.
By advices from Hamburgh the price of gold is 428
per mark, which, at the English Mint price of 31.
17s. 10.3 d. per ounce for standard gold, gives an ex-
change of 13. 6t, and the exchange at Hamburgh on
London at short beinc, 13. 7i, it follows that gold is 0.47
per cent, dearer in London than in Hamburgh.
_ _ _

An official ordinance of the Governor-General of the
Portuguese Possessions in India, relating to the ports of
Goa, Din, and Damao, is published in the papers received
by the overland mail. The preamble sets forth the ex-
pediency of protecting the commerce of the thres ports by
diminishing their charges and granting them the greatest
possible liberty, to attract to tlim the goods and merchan-
dise of all nations, and the Governor then proceeds to
order, that from the Ist of February, 1841, all goods and
merchandise, of whatever description (opium included),
and under whatever banner imported, shall be imported
into Goa, Diu, and Damao, on the sole payment of 1 per
cent. duty, and the expenses of carriage and watching
till their removal from the ports ; the arrangements to be
observed being those of a decree of the 22d of March, 1834,
relative to the free ports of Lisbon and Oporto. The pub-
lication of this order is regarded with some anxiety in
British India, as it is feared this lowering of duty and
granting of such extensive liberties to the ports of Por-
tuguese India will be a mean's of diverting the trade from
the western aide of the British possessions.

HE IZ M.D. —The attention of those interested in Ame-
rican securities has latterly been anxiously directed to the
approaching instalment of the United States Bank for
400,000/ , which falls due on Thursday, on account of
moneys borrowed from various banking firms and capi-
talists on the deposit of State stocks and Bank shares, the
repayments of which were to be effected at stated periods.
The recent failure of the Bank itself to resume specie pay-
ments
in Philadelphia; and to redeem its current paper
eirculetion and post notes, with the deplorable exhibit of
its general affairs, which upon the face of its own balance-
sheet was equal to a declaration of complete insolvenc-i,
were quite enough, it might be thought, to satie:',3, own
of business that, so far as the payment of the
instalment depended on facilities for riising more
money either here or in the United States, there
could not be the slightest hope. And so the result
has proved. It is understood now that the post
notes for the 400,0001. cannot be taken up, but that
interest upon the amount at the rate of 6 per cent,
will be paid or proffered, and an additional deposit
of 250,0001. nominal value in Pennsylvania State Stocks,
placed in the hands of Messrs. Denison and Co., by
way of better security for the ultin.ate satisfaction of
the principal. It will be remembered that Messrs.
Denison and Co. were constituted trustees of the large
ataaunts of State stocks originally deposited in guze.
rantee of the loan or advances on post notes originally.
The London holders on these notes arc understood to
have acceded to The terms for holding eft their
but it is believed that the greater proportion of the notes
ropresenting the moneys really advanced are in the
holding of *bankers and other capitalists in the eow,
try, upon whom they were artfully foisted at the time
through the instrumentality and strong writing up of the
nanker's Circular, which is generally known to be the
cat's-pawbearing
g of a certain clique of London banker:, who had
more Sthaitgehstioneks and post notes than,. god 'things and‘
ton •
eormeeoinveeyd i
convenient to bold. However curious the fact may be, it
is not the lesst certain, that country bankers arc generally
tahablethecrei.styt as they were, it was found sate or
disposed to act upon the be more gifted with pockets full
lleeoefa,wieisedoemf
this onwo non-payment mweill
t bo'f
post-notes and advances appears t tovebrewahbasolutely ascer-
tained, although it is not elay'ta rot
etaohther course
they can pursue than to follow their I.),•11w
cunningly, betrayed of
London tribe, by whomthe
hintoe , ti
scrape. An evening paper, in alluding to
of the United States Bank instalment in its t 411'1;
article " takes occasion to insinuate that Mr. Jaudon,
the respected agent of the Bank, had escaped all personal
respone,ilility by taking his departure for the United
States in the Great Weetern, which has just taken her de-
parture. First of all it may be observed. on the authority
of Mr. Jaudoe's fdends, that he has not left the country-,
but remains still a resident here. And secondly, whatever
the condition of the United States Bank, Mr. Jaudon has
never shown himself the man to shrink from the peforrn-
ance of duties which mu,t long, have been excessively one-
rous and greatly disagreeable, or from any responsibility
which may personally attach to I,im. If personal respec-
tability of character, and personal esteem resulting, could
have saved the credit of a prine.pal, the United States
Bank, under the agency of Mr. Jaudon, would have
escaped its present state of degradation.

DOVER, APRIL 13.—FETE AT ST. OMER.—
This f..te, which the Duke of Orkang gives at St. Omer
if we may jutic from the magnit:tde of the de-
parture: for it that have taken place from Dover a:one thii
day, wtli b. pretty well attenc'e I. A number of indivi-
. duals started via Boulogne by the morning packet, At
half-past one o',lack p.m., about 20 of the officers cf the
garrison sailed for the same place; and the French Post-
office packet, which reached here at four o'clock, imme-
diately returned with the residua of the guests, including
the cive authorities of Dever, in al amounting to up-
wards of 50 persons. in the morning there is to be a
grand review of the troops, amounting, we understand, to
50,000 in number, encamped at SF. Omer, and the even-
ing is to conclude with a grand fete and ball. The French
Governm.:!nt packets transported cur eitiTsat across the
channel gratis on the occasion.
The Lords of the Treasury have declared Ches-
ter a free bonding port for teas, coffees, sugars, and all
o ther goods that can be legally imported.

LAW INTELLIGENCE.

PRIVY COUNCIL, APRIL 14.
WOOD AND OTHERS V. GOOELAKE AND OTHER?.

The arguments in this important case were resumed Yes-
terday. Upon their Lordships taking their seats, Lord
Lyndhurst intimated to the gentlemen of the Bar, that it
was the intention of their Lordships, after to-day, to pro-
ceed with the further heating of the case on the first five
days preceding Tririty Term.
The ATTORNEY-GENERAL having intimated that such
an arrangement would be most satisfactory to the Bar,
Sir W. FOLLETT resumed his arguments on behalf of
those parties who claimed under the codicil. Supposing
their Lordships were satisfied upon the evidence that had
been adduced that the codicil was in the handwriting of
the deceased, there was no ether circumstance is the case
that would prevent them from giving probate. There
was' no fact in the case to create suspicion with
respect to the handwriting. Nay, he would go
further, and assert that there was no fact to show that the
codicil was not the act of the testeter. The tact of some
of the testamentary papers being burned, and some of
them torn, proved, in his (Sir W. Folletna) opinion, the
genuineness of the c-one I. But thsti it was said that
the letter that had been written by the testator was direct
evidence to prove that the c•enneil wis not genuine. He
submitted that it was the strongest eviderce in its favour.
There certliely was no direct recognition of the cod oil of
the testator, but there was enough to show that tee tes-
tator had left a bequest to the Corporation of Gloucester,
and that he had made those inquiries which would natur-
ally lead him to mate the gifts he had done to the children
of Mr. Wood, of Chelsea. He submitted that it was
clear that the papers A and B were n t the act of the
testator, that the real truments he had execteel were
destroyed, and that there had been foul play somewhere.
But then it was sail that tire instruments which were dis-
cover° to be tarn and burned had been done en by the
tea a.or, he submitted that such a supposition mass
against all the probibil ics of the case ; His Learned
Friend Mr. Pemberton bad argued that t! e two
papers A and B formed a substantive will for the eispo-
sition of both real and personal estate. Ha srrbmittel
that there was nothing in those papers which amounted to
a disposition; all that they did was to give instructions
for his will, and it was clear from them teat some further
document was intended. The paper A had been consi-
dered throughout as instructions only for a will,
and it was clear from the evidence of Mr.
Chadborn himself that such was the case. That
being the fset, the question then was, whether
paper B was iticorpora! ed with A. He thought
it was clear that such was not the case, inasmuch is piper
B made no reference to any other paper at Ell. In c in-
clusion, the Learned Counsel submitted that nothing had
been adduced to invalidate the codicil, and he trusted,
therefore, that their Lordships woull contiler it a valid
document, and entitled to probate.
Sir F. Poteoex had the honour to address their Lordahips
on behalf of one of the next of kin (Ed a-d
of the testator, and who might probably turn out
to be the next of kin. He could not, hawever,
before proceeding with the case, aVai adverting
with deep regret to what had fallen from his Learned
Friend with reference to what had taken place the first
time the Court assembled to hear this case. No, person
could entertain a higher opinion than he did of the anility and
character of the Learned Judge, to whom, on that occasion,
he ( Sir F. Pollock) felt it his duty to object to as a judge
on this appeal. That objection was his own. He • had no
instructions on the subject from his clients. It was his
own objection, not as far es his own personal feelings
were concerned, but in consequence of what he con-
ceived to be his duty to his client. His Learned
Friend had stated that it was not to be considered as a legal
objection to a Judge that he had been counsel in the
case. That was an unnecessary observation to make.
There could be no doubt, for instance, that ,if the
plague or some other calamity had diSpersed
the Judges at Monmouth, and be (Sir F. Pollock) had
had the honour to have been made one of the Judges of
the land there, there would have been no legal objec-
tion to his going down on the Commission. There was
no legal objection to the most intimtve friend of a
party sitting in judgment on the case of his friend,
nay, a Judge might sit on the cause of his own father,
and as Lis eldest son adjudicate to him an immense estate;
but he (Sir F. Pollock), simply considering whet course
he ought to take as a member of the bar, with the con-
currence of his Learned Friend (the Solicitor-General),
and other learned gentlemen—with the profoundest Te;p-et
for the institutions of the country, and without claiming
a right to lay down arule as to who should or s'eould not sit
upon the bench ofjustice,did on behalf of his profession claim,
whenever a member of the bar felt that he could not with
consistency and propriety and efficiency do justice' to the
cause of his client, he should have the privilege of retie-
ing from a tribunal so constituted as to present obstacles
to what he considered to be the efficient discharge of his
duty. Dismissing this subject, as lla hoped for ever,
it was desirable their Lordships should know who his ( Sir
F. Pollock's) client was. If the executors succeeded in
establishing their case, they would share the whole of this
immense property between them, but his client
came forward to establish his fair claim to one-
half of it. Repreeentieg, therefore, an individual
who had so large a stake in this decision, he felt himself
almost bound, with the assistance of his Learned Friend,
to. state hie awn case. He would state to their Lord-
ships the course he was about to pursue. Here was
a will propounded by the executors, and herb were
two persons clsinang as next of kin. There were
also persons propounding a codicil. These latter persons
had apparently an interest in the will. On this point of
the case, therefore, be might be considered as a by.
stander, but he soon found the executors opposed the
codicil, not on account of the large sums bequeathed
by it, but because they felt assured if the codicil was natah-
lished the will must fall. That was the real secret of the
extraordinary contest that was going on in that Court.
He had observed that his Learned Friend Mr. Pember-
ton had, with great discretion, shrunk from argument
against the codicil, because he very judiciously reflected
that such an argument might weigh against the validity of
paper A. Now he (Sir F. Pollock) should contend,
that this codicil, whether entitled to probate or n,,t,
was to be considered, as it was considered by his
client, to be the handwriting of the testator. His
client protested against being bound by any act of Mrs.
Goodlake. He (Sir Frederick Pollock) was sorry
to say that he believed paper A to be a forgery altogether.
His Learned Friend, Mr. Pemberton, had argued that,
although the executors had done wrong, they had been
sufficiently punished for it; and that their Lordships should
not suffer indignation at their crimes to prevent the course
of justice. Against this argument he (Sir F. Pollock)
protested, and, with the greatest respect to his Learned
Friends, the Solicitor-General and Sir William Follett,
be regretted that they had thought it necessary to
advert to the violent death of Mr. Chadborn, of which
their Lordships could have no judicial knowledge. It had
struck him that before he was instructed in this case, it
the Prerogative Court had one greater petulisrity than
another, it was an apathy almost amounting to an insensie
bility to proceedings, which, if proved in a Court of Come
mon Law, would have set the whole Oath in ti flame.
The rule of the Prerogative Court *at emnia rites pros-
sumuntur, but he was sure thzto of their Lordships who
were acquainted with the Courts of Common Law
would agree with him that under the circume
stances of
this cnne a Jury would find any thing
rather than a
verdict which would give the o:sedate:its a
Particle 'ar tt farthing of the real oil personal property.
Tte Learned Gentleman then proceeded to argue against
the validity of tl* papers A and B, either together or sepa-
rately, ttnd cited several cases. But notwithstanding these
taws the question was what was the rule and what wesate
application. Did B refer to A? The referend,mtasl; be td
something which, without the petssiiiiiiin of mistake, was
the document produced: 13 ditetttea the disposal. of the
estates "as dirtutnd by my instruction," but the instruc-
tions contained no directions with respect to a part
of the estates, and din not, therefore, cottrespdnd;
Their Lordships would observe that in paplr A, V. e werata
" Instructions for the will of Mel tauten Wtiod, gin, of
Gloucester," were not ersenented with the rest; there was a
considerable spate between them, and these words might
have luta sapplied afterwards. He threw out this suggestion
as man atiaone others for their Lore/ships' considenetioni
thn reference should he so clear and strinneet that a bine
position to the contrary could not be admitted. Was
the reference here of thin nature ? In no re-
spect did paper A tOrrespond with the instructions re-
ferred to in paper B. The only point of corretpont
deuce was the solitary word " Insteeetintiss" lot
if they were referred to, there might have bd.n
other instructions rather written, or arolOs which *di
not forthcoming. Then could A stand by Itself? It was
altogether in the handwriting .of Mr. Chadborn.
Mr. Chadborn ought to have instructed .Mr. Wood
that such instructions should have been in Lis own
handwriting, or be should have called in another attorney,
and if, as his Learned Friend had suggested, Mr Wood
had objected to the expense, he might, in such a ets,n,
have paid the fee himself. The papet• hied beta
in Mr. Cbadborn's possession no 10 the time of its
annexation, and under them eiteumstances it ought not to
be admitted to prebatt without a great deal more
of proof than that of handwriting. He contended that
if the document had been attested by three wenestne,
yet, being in Mr. Chadborn's handwritinne otber evitteeee
would be necessary to establish Its Y4lldity% If it were
entirely in the handwriting of the testator; he still. hon.
tended other evidence was neteesany. He thought
there was the strongest reason to believe this
paper bad no t xistftee before paper B was
executed. If it bad been it was impossible but it must
have been then produced. If onducei would it trot bane
been mantled or at least ostentatiously exhibited P There
LordLayttecome
was not the slightest eni!ence that Mr. Chadboth had
dvaetrey" clumsy itisis.utrilesmTenetl"teol\lheav
been at the testator's on the 2d of DeceneLtr, when it bore
thatbe beers
fabricated thought
by
yt
awas
in-
telligenta
es As the aLearned Gentleman appeared
Their Lordships the ease, he thought
to be proceeding to n
they bed better adjourn
adjourned to the 17th Ma-
Ps ai.ea.e:vd.Part f

COURT OP 1-1----"AIVICRUTCY, Arlin,l3. RESIGNATION or ANuOT,IIER OFFICIAL ASSIGNEE.y.
I: transpired in the coofficBiear the day, that Mr. J.:1105
has withdrawn
he has sustained
liCcl
islmsaers
,iiil.3ya n ta,rtshi:icoi rt
rioonifsto;t,lhli taagn3c,
jegrl3l.,e a w
itaisis,cs: gt
hnaete
~
rzsigned his ap_
;ier 200 or 300
to an attachment. Il has conserp,e,ll7;° "biee ed him
pointrnent. As far as at present Can b
defalcation is only about 7,600/. spread :t"certßined, his
estateq. Yesterday one of the estates
beforebi g the Court,
surprise was occasioned by
official assgace briug
however at last clewed up by the receiptof , which was
a letter, ' dressed by him to Sir C. F. Witharr.s, tendering b a"
signation. It is turtle:. stared th,:t Mr. Clark hag his re.
popuerat,Tannaewgehoiol
d.lerealsvoksf
the last two or three weeks paid moneys Which Lwithin
received in his official capacity into tho Bank of Enu;ifthaard
to the extent of 8,000/,, and there remains a balance. I'f
9991 IS. 4d. in his private banker's bands. In the 46°'
c.enies here stated a corresponding, allowance dust be
made for the commission he is entitled to receive fur the
many estates he has bad under management; and which

have not yet been brought to an audit so that the whole
affair seems to be of no general importance.

INSOLVENT DEBTORS' COURT, APRIL 14.
(Before Mr. Commissioner BowEN.)
IN RE CHARLES HENRY &SHAUGHNESSY.

The insolvent was partner in an extensive boot and
shoemaking establishment at Nn. 8, Old Bond street,
and afterwards carried on business on his own account
in No. 10, Rue d'Alger, Paris. The aggregate amount
of debts in his private balance sheet was 2,8001., in
that of the partnership account. 159/. ; a further sum
of 500/. appeared, for which there was no considera-
tion. He had no property of any account now ta give
up for the benefit of his creditors. The insolvent and
a cousin of his named Edward Crean were, on attain-
ing the age of 25 years, to receive the sum of 1,7001.
share and share alike, under a will made in their fa-
sour by a relative called Captain Edward O'Shaugh-
nessy, to which will the insolvent's and Crean's mother
administered. In case of the death of either party
before the age of 25 the survivor was to inherit the
whol', which stood in the Three-and-a-Half pet' Cent.
stocks. Crean was allowed to draw his mnney before he
was of age, and having mixed much in society dissipated it
away previous to his death in August last. ,In April
1839 the insolvent was allowed by his mother and the
other administratrix to draw his portion of the legacy,
previous also to his being of ace, to commence busi-
ness with. He had bt en concerned with a person named
Deacon, a carpenter and builder at. the Marsh-gate,
in bill transactions for the latter's accommodation, and
likewise to carry on a building speculation, and had
taken a house in Bolton .row, which he fitted up at
much expense as a board and lodging-house. Some of
the furniture was sold, and the rest pawned.
The insolvent having been subjected to a very
lengthened examination by Messrs. Cooke and Nicholls,
The Learned COMMISSIONER said he should adjourn
the case, in order to procure the attendance of Mrs.
Crean, as ho wished to have further information touch-
ing the payment of the legacies under Captain
O'Shaughnessy's will.