The Sun.
London, England, 1841-11-24 00:00:00

MORNING SUN

•
SOUND AND FURY.
The Post is in a terrible rage. Racks, daggers,
wretches, miscreants, traitors, " diabolical spirit," " ex-
asperated falsehoods," and " a satanic ingenuity," run
through its columns in all the mazes of metaphorical
confusion. The Post's leader of Friday last is, in fact,
a perfect chef-d'oeuvre of naiaiserie and abuse. From
beginning to end it is stuffed with hard words and Bil-
lingsgate epithets, nor indeed would it be easy to discover
what it is all about, were it not for one little passage
which, like a gleam of light breaking through the cir-
cumabient gloom, enables one to catch a faint glimpse
of its gist, origin, and design. After nearly three
quarters of a column of dark, obscure, unintelligible
rhodomontade, from one single loophole the following
little stream of light is suddenly thrown upon us :
" Perhaps but very few of the aristocracy and gentry
may be aware that the most influential journal of the
ex-Ministerial party has not scrupled to turn to the ac-
count of faction even the charitable exertions which a
severe winter renders incumbent upon such as can
afford to help the poor. it has been represented to
the poor and needy that, but for the law, which the
aristocracy uphold for their own exclusive advantage
(meaning thereby the law for protecting British agri-
culture from foreign competition), they might have
twice as much meat, twice as much soup, and twice as
much bread, from charitable sources, as they can have
under present circumstances." " Angels and ministers
of grace defend us!" what a pity it is that Anti-Corn-
law writers, who feel it incumbent on them to depict in
the strongest terms possible the accumulated evils of
that iniquitous law,—what a pity it is that they will
not cut and mince, and soften and polish, and gild their
phrases ; that they , will not adopt a sort of mollified
euphuism in order to please the delicate sensibilities of
the too susceptible Post. But they will not, and
" there's the rub," no matter how the nerves of this
fashionable morning lecturer may be ruffled and dis-
turbed. Amicus Plato, miens Socrates, sed magi:
arnica yeritas. The trutb must and will be told, no
matter to what extent interesting mammas and sen-
timental young ladies may be terrified at the rough ex-
pressions which the iniquitous Corn-laws draw down
upon the heads of their monopolising and guilty de-
fenders. But the article of the Post appears in won-
derfully appropriate time, after the meeting which was
held at Sheffield on Monday last. The truth was there
spoken out, and in pretty plain terms too. " What
was the reason of all this?' said Mr. Ibbotson, alluding
to the prostration of the American market. " Because
the Americans have nothing to give us in exchange for
our goods ? America has an abundance of what our
people are dying for." Aye, but then step in the
Corn-laws, and prevent our starving millions from being
fed. " Tell it not in Gatb though, proclaim it not in
the streets of Ascalon," lest one rose-leaf may be ruf-
fled upon the couch of the lady-like Post. In fact, a
more puerile and contemptible piece of unredeemed and
unredeemable balderdash never disgraced the columns
of the Post before. And at the " heel of the hunt "
the Post recommends that it is now high time that
there should be a sort of surveillance or espionage esta-
blished over the press—whether public or private
though it does not say. A very proper suggestion, in-
deed, to be thrown out by the leading journal of the
Tories.—Sunday Times.

Dr. Locock is a native of Northampton, and a
son of the late Major Locock, who formerly commanded
the volunteer corps of that town. His fellow-townsmen
are speculating on the probability that the Doctor will
shortly be elevated to the dignity of a Baronet.
THE LATE HIGHWAY ROBBERY AT TURN•
HAM-GREEN.--On inquiry on Monday at the residence
of Mr. Pan, the gentleman who on the evening of Fri-
day last was robbed and stabbed by footpads on the high
road near Turnham-green, it was ascertained that the
unfortunate gentleman, who is of an extremely nervous
temperament, was going on favourably. On Sunday,
inspector Morgan, 'l' division, had an interview with Mr.
Pau, in the presence of Mr. Dodsworth, his medical at-
tendant, when he related the particulars of the murderous
attack in nearly the same words as he had previously stated
to Mr. Dodsworth. His recollection of the occurrence is,
however, so confused, that he has no remembrance of
how he reached his residence. The 13 sovereiguS, of
which he was roltbed, were contained in an old red
purse, with yellow metal slides, and the pocket-book,
which contained three bankers' checks, not filled up,
and other memorandums, was a Russia leather one.
It was at first supposed that the ruffians had probably
come by the same omnibus with Mr. Pau from town ;
but that now appears not to be the case, as that gentle-
man alighted from the omnibus with which he came
from town at Hammersmith Broadway, and thence pro-
ceeded in another omnibus to within a quarter of a mile
of his own residence. The alarm occasioned through-
out the neighbourhood by the daring and murderous
outrage is beyond description, most persons being afraid
to venture out after dark, the darkness on the roads,
from the discontinuance of the gas lamps, affording every
facility for the operations of evil-disposed persons. Ever
since the police received information of the occurrence,
Inspector Morgan and other active officers of the T divi-
sion have been strenuously engaged in endeavouring to
discover the perpetrators of the outrage, which, owing
to Mr. Pau being unable in any way to describe either
their number or appearance, is a matter of great diffi-
culty ; but although no person is yet in custody on the
charge, we understand there are reasons to believe they
will not long escape the hands of justice.

RIBMABD WEEKS.—This old Greenwich pen-
sioner, who has been lately bequeathed 120,0001., has
been a resident of the Lunatic Asylum, Bethnal-green,
whither he was removed last year from Greenwich Hos-
pital. Although it was reported that he was entitled to
a large sum, is was not believed until Mr. Phillips, the
governor of the asylum, received a letter announcing
the death of Week's aunt, and her bequest to him
of 120,0001. This joyous intelligence had no effect upon
the maniac, as he was in his own imagination a prince of
immense wealth, and possessed of upwards of 15 palaces
at Greenwich. Mr. Phillips is the chief object of
Week's imaginative bounty, as he is always conferring
honours, titles, wealth, and bags of diamonds upon him.
Very little is known of Week's origin. He had been a
midshipman, but from some impropriety of conduct it is
supposed was placed before the mast. He is about sixty
years of age. His wife resides at Greenwich, support-
ing herself by needlework ; in manners she is superior
to her present, or rather late, station in society. A Com-
mission de lunatico inquirendo has been issued against
"Weeks, for the purpose of properly disposing of his
enormous wealth. He will, it is supposed, voluntarily
reside with Mr. Phillips, to whom he is greatly attached.
RANKIN'S WOOTI PAVEMENT.—The piece of
wood pavement laid down a few years back, as an ex-
periment, in the narrow but much thronged street, in
front of St. Gilos's church, is now removed, and another
piece, on the scientific plan patented by Mr. Ran-
kin, is being laid in its place. The specimen of this
new and most ingenious kind of pavement, deposited
at the Royal Polytechnic 'lnstitution, had previously
excited public curiosity, but that curiosity is increased
now that the pavement is actually to be used:in the streets.
The workmen at St. Giles's are continually questioned
as to the peculiarity of its arrangements, the blocks
being so contrived as to be laid down with great rapi-
dity, and to present a surface when down, which se-
cures a firm foothold for the horse in greasy and wet
weather as well as dry. This much needed improvement
is being carried into effect by order of the Paving Com-
mittee of the united parishes, of which Mr. Thiselton
Dyer is Chairman.
ionf
Illustrious,gcabnuatdFALMOUTH,dad
oN,nn_
otht c o board,smNi
rCvin.
ccßha2taoelgr —udt
HtheerGMovearjneosrty-Gsensehrialp
otiffl
this
se
mpoorrtnliasngt, ems:heenn-
she removed to a berth in the harbour. At noon, the
several commanders
ef h i r
respects
p eeMtasj etsotyh'si s
Excellency packets, witho on
board. The Illustrious will proceed on the change of
weather. The Volcano, steamer, put in also yesterdays
and to-day attempted to tow off from under the high
land of St. Anthony the Lapwing packet, which in work-
ing out of the harbour to go to Plymouth missed stays
on the lee shore, and brought up, but was far from being
in danger with the prevailing wind. In accomplishing
this duty, the Volcano carried away the Lapwing's bow-
sprit and fore-yard, Sze., and bilged one of her boats, SUS-.
taining herself, likewise, a great deal of injury.
LAMENTABLE ACCIDENT.—On Thursday
morning a fearful explosion of fire-damp occurred in
No. 6 Pit, Whifiet, whereby two men were
instan-
taneously killed, and five or six others so seriously
in-
jured that many days must elapse ere they
can
resume
their employment, or be considered fairly out of danger.
—Edinburgh Paper.
The Gazette du Midi of the 16 th (Marseilles
fdpoaerpmpe roe )rr
lbcyjonpn
dt
ea iepsnusit
ys as a
rfloort n
(gva reportaeu cf
istie theaant
sta)tirt
eiaarl
%Ai
,olf Major
-aGA
efeaenreeqrruiaol sf,
d
ec
phuuyste)js:The
sittingdhee
at-
tack on the Government, and th
I:11 al tyi c
Opinion 11 f. d eoFn otrhbei wroteniiuu3 suau sctereocunrsgu
Crown
,ntt ml
aplNhtvl3e,
,wetrasse nputrniot
led
i
Lac tuatChe
°deur pilit ee prose-
before
eat rfus.sodr .e
‘t
11'11:1 s s Cod one u,
lr
the
ho oer bf i
former nA wasssz e ds
oncee of
fe nVd aeDdu
completespeeches
political
for
v
the prosecution
view
o f
thea n db
statetoht eh defenceosdf
Francee s. Two embraced
and
q u hees.
ar
policy since 1830, and the discussion was carried on with
much talent and earnestness on
were put to the Jury, first, whether M. de Forbin's
pamphlet was a provocation to disobey the laws (he hay-
itngin srecommended the closing of the doors against the
agents of the census) ; and, secondly, whether the writ-
ing did not bring into hatred and contempt the King's
Government. The Jury, after a few minutes' consulta-
tion, acquitted M. de Forbin on both questions. The
trial and verdict have caused much excitement in the
south of France. _ _

A letter from Geneva of the 16th inst., in the
Commerce, says :—There is still great agitation here, al-
though there is reason to hope that reform will be ac-
complished by the force of public opinion and in a legal
way. On Saturday evening (the 13th) young men were
parading the streets shouting, and on the following even-
ing, the Marsellaise was sung at the theatre. Gendarmes
were patrolling the streets the whole night, and the po-
lice were on the alert, as if serious disturbances were
expected. Up to the present time, however, no real tu-
mult has occurred. It appears certain that in the Legis-
lative session, which is to commence the first Monday in
December, the question of reform will be submitted to
the representative Council. It is said that the Catholic
priests of the canton have prepared a protest, which is
to be published in the event of any modification of the
Poor-law Unions comprising the
populationlBl4 of the borough of Manchester
ando nnTsu
Salford,
iaaucft iohn
with their immediate neighbourhood, con-
tain altogether
no less than 354,142 individuals.
g

IVIORNIT-4G SUN

SPIRIT of the I'UBLIC JOURNALS.

FROM THE EVENING PAPERS OF YESTERDAY.

GLOBE.--,The Post affirms this mornipg
that " the public know tnat Sir Robert- Peel is
preparing statistics for the meeting of 'Par-
liament next year, in • order to the presenta-
tion--and defence of measures calculated 'to
obtain the approbation of Parliament and pro-
mote the •welfare of the country." It must be
mentioned, in candour, that the oddity of the ex-
pression—" preparing statistics," arises from the
fact that the Post is replying to a sneer at Sir:
Robert's statistics. We have no doubt, how-
ever, that the phrase expresses pretty correctly
the real amount of what Sir Robert Peel is pre.
paring. Whatever measures he may think. "
cuiated to obtain the approbation of Parliament" -
-when the evil clay shall at length .1-lime 'that
measures-must be at length proposed,—statistics
enough we are at least sure•of--thasks for the op-
pidan " swine," whom Sir Robert has maintained•
the fitness of " shearing," rather than " fleece
the sheep." We are almost disposed to think
that there is more propriety' in"this -cOoheotn-
parison of Sir Robert Peel than is at first-Sight
obvious. It expresses a policy that will gU
wool-gathering everywhere, except where
Iwool is to be found. Are we to take the Herald's
prediction of the probable upshot of Sir Ro-
bert's statistics ?. Then indeed the swine-shear-
;rig and wool-gathering wits of this Ministry will
be anendidly illustrated. The Herald announces
that, iii amending the existing Corn-law (which
even the Herald- lins7at length discovered is an
operation which cannot be escaped), we are to
look to the retnote prospect of Great Britain
agaia- becoming nit• exporting country, and to
promote that result, ‘-.l4..granting a drawback
of ss. or 6s. a quarter on, the -exportation of
domestic wheat or fiour,'h.. The Herald consi-
ders -that, "such a drawback-would, practically be
a relief in foreign markets to the excess of taxation
imposed on 131.31i5h .over Continental agriculture"
Tilese are the osme-ndin(mts of the Corn-laws contem-
plated in the Tory camp. We are to revert,
'limier the auspices of some new light of Mr.
APCulloch, to-the policy of the first half of the
last ceatury—tbat of paying from our taxes to
enable foreigners to eat our corn cheaper than
we ourselves are allowed to eat it! What is in-
teaded (called by its right name) is to compensate
the landed interest out of the taxes, for the effect
of all the miscalculations which attend monopoly.
. -STANDARD.—The letters of Doctors Pusey
and Gilbert, , which-. appeared in yesterday's
Standard, reached our hands at an hour too
late to allow that calm consideration of them
which ,t„lie7itiipartance of their subject and
the ranlC-Of the Nrriters must render proper,
-before 'Venturiage' to --offer an opinion upon the
gdneral question of which those letters treat.
Most willingly, indeed, would we avoid
that question, as we have hitherto avoided
it to the .utmost of our ,power—with .the same
feeling- With which .well-disposed children try to •
chose. their ears against. the altercation of their,
parents; but the. painful task of pronouncing a
decision is now forced .upon all who appreciate
the clanger threatening the El niversity,the Church,
and. the country. .Even now we venture to speak
chiefly in the-hope that by a timely expression of
public opinion the dangerous controversy may be
interrupted, through the prudence of those who
Have moved it ; for if prosecuted to a final deci-
sion in the particular case, the consequence,
whatever that decision may. -he, . cannot fail to
cause great injury. Such a decision will present
a poll of the followers of Doetor.Pusey on the
one , side, and of. those , • who decline to
adopt all that gentleman's opinions on the
other ; and however the numbers may stand,
the " unhappy division" (we use the Rev.
Gentleman's own words) must afford occasion of
triumph to the Romanist or to the other secta-
rian enemies of the University and the Church.
Let us hope that the prudence of DroPusey
and his friends, warned by the voice of the pub-
lic, will spare such a scandal. If they are sin-
cere in the reverence for the Church which
they profess, there can be no doubt that such
must be the effect of an unequivocal expres-
sion of-public opinion. Our views of the
tendency of • the peculiar, doctrines and
pra.eticeS of Doctor Pusey's school have never
been concealed, although we have always offered
them with the courtesy due to, the errors of sin-
cere and pious, though exceankly weak, men.
These views have not been altered by the late un-
happy defeCtion of Mr. Sibthorp, or by the fact—
hvell known, in the -University, and not denied by
the parties themselves--that some of Dr. Pusey's
Most zealous disciples, some absolutely depen,
det*.npon-14iai, are at this moment balancing]
ivliefher they shall imitate Mr. Sibthorp in mak.'
ing an honest and open profession of that Roman-
ism to which they already subscribe in secret.

MONEY MARIZET and CITY NEWS.

FROM THE MORNING PAPERS OF YESTERDAY.

TIMES.—It has long been foreseen that the Exche-
quer bill affair must provide some employment for the
courts of law, and that all holders of spurious bills, find-
ing that the Government refused in any way to acknow-
ledge them, would seek that other remedy. The name
of Lord Strangford has been already before the public in
this affair, and no one doubts his protestation against
any knowledge of, or participation in, the original fraud.
But this, 'unfortunately, does not wholly protect his
Lordship from theconsequences of having induced par-
.tie 't.4 invest their money in these bills, which after-
wards, on investigation, turned out to be spurious, and it
is currently stated in the City that he has been served
with a notice of action by Messrs. Coutts and Co., con-
ected with, _.some: such bills, of which that house
has become possessed., In what manner his lordship
can have become rn4ponsible does not appear, and
hence the subject is expected to exercise all sorts of
ing-muity on both sides-, (111 the part of the gentlemen of
the long robe.. The .I?,xchequer bills held by Messrs.
Coutts and 'Co. are understood to amount to 40,0001.
There are other houses and private individuals in similar
circumstanees, but wa;ulvp not heard that any other step
.of that kind has Loen taken, and it is believed they are
waiting'for the result of the approaching trial of Rapallo
at the Criminal Sessions, and in order to see by what
hind of evideace the chlrge against him is supported by
the Government.

It is a satisfactory proof of the state of commercial
crectit at this time, thaw although the bills due on Satur-
day" Were mote numero:c; than usual, there was scarely
any instance of dishonour. One of the great discount
houses had no less than 2.30;00C1. in amount, and of these
every one was paid.

A banquet has recently been given at Bonn, to
the celebrated pianist, Al. Liszt, in commemoration o'
the anniversary of his natal day, which was attended by
Ilixhit "80 of the t
a" ic•it, inhabitants, among whoin
N.-era the Rector i the University, the cele-
brated Dr.. Arndt, . numerous other professors,
tha members of the '
of Beethoven, M. Schad•Lipmm"te& for the monument
at Dusseldorf, w,
.the Dive cttor of the Academy
and inlay torei ;ne.x - distinctionwho
happened of w,iio
happened to he at Ilona at the In the evening a
serenade was given by ukc c; tibie' '
The next day ~,1. Liszt started°f.'. r ,ty.uB the Liedertcoel.
Berlin, where doubt-
less brilliant triumphs await hies
THE NEW Worm ON INDIA.---We ar e re
nested to state that 'Mr. Colburn, of Great Marlborough-
(l
the Presidencies of
street, has this day published ~ ',I),
comprising a-Narrative of Travels in
in India ;
Bengal, a Visit to the Court of Runt
jeet Sing, a Resi-
dence in the Himalaya Mountains, an Account t• the
late to Cabal and kff,,liamisttocani.,:g°lot-aoynathdg::ee:
late
down the Indus, r:id Journey Overland
iet-idleti earn, P.
by Henry Edward Earle, _Esq., late Aid,
Coinarander-in77,hi:f
(iullurn lia2s voles
kxcellcncy the
small Svo., with 22 illustrations,,,:. :yr.
tion", " Freite - k°
~tom just ready for public: ,riq
~t. Great '
his Times," comprisillg Original Letters of that and
nareh, now first puhlish,ed. with,' "i;:ti 'lntroduetion I);
Thoress Campbell, Esq., :ludic-A'
,of " The Pleasures of
iloPer " The Life of l',::-rarch," C.:C., 2 v.ols. Svo.
FA TR ERS AND SONS.— lu.S„ forthcoming
work of Ailr. Hook's portrays a section of society afforci-
ing-beyorl any other the most ell'ectiye materials for the
novelist—materials which, in such hands, cannot fail of
being turned to admirable account. In drawing the
clr2raeters of one of the fiithers and sous, w,ho figure in
his pages, it is believed lie was desirous of showing the
effecm of a club life on families of a certain grade (for
which he was well qualified, having long been a member
of several of these institutions), and the worthy Baronet
who belongs to the "Doldrum," and his hopeful son who
is a memb sr of " Crockfzd's," are put forward as show-
ing the influence of club education on both the young and
the old gentlemen of the present day. Besides these,
there are many novel views of character and manners,
and a story of striking and peculiar interest, which will
perhaps make " Fathers and Sons," the most popular of all
the author's productions, admirablehare
sally considered.
SIGHT AND HEARlNG.—Patronized by their
Me' -
Jestes the King and 'Queen of Hanover, and their Royal
H
ighnesses the late
Princess Augusta, the Princess Sophia,
her Serene lii•Thncsi the Princes.; Esterhasy, the Princesses
Mary aril 'los-
. a a, her Once the Do •,, v;a„,ei Duchess
of Bed- I
ford, Cid t ileir C •
Dukes of N. • '"ces the Archbishop of Canterbury, and the
orrolk, Devonshire, Manchester, and 111 lbo
Mar- ' .ar rongh,
,ituses or Hertford Londonderry, Sligo,
a shafte,t.ury 1 k , . and Thomontl, Earls
low, Verulara, 'ILI" .eivilL''
Hare""'
Powis, Bradford, Wick.
ford, Lisburne, anrrgowby, Luckingliamshire, Meath, Somers, Ox
Lincoln, Cork, El 1 • Ferrer+, Bishops of Exeter. Blandford,
In addition to the) lin
and Kildare, Lords Hill, Cowley, &c. &c.
Invented Spectacle Labove distinguished patronage to the Newly.
Operative Voice Conductor, and Sound Magnifiers Invisible
Albemarle..street
piceaductior, Messrs. S. and B. Solomons, 39,
King Willi am.street, Cit 'l'Y'
opposite the York Hotel, and 76,
also gained the sanction :',rate that their valuable inventions have
hundred of the principal
mn unqualified approbation of above four
Imme-
diately theses Newly.itwente:licers of the medical profession. Imme-
a it., ...eEtrptrily imperfect vs.°. Spectacle Lenses are placed before
"al4-A-i- tleffra the eyes' ii. that mist and dullness which
t.,...swraea clear aiia dialect, so at once removed, every object be.
. -_ conies bright and brilliant, that the most aged imperfect sight be-
A? ( ""••1111.1"( •
..p.,l_ original *ale. Theieaail is bronght to its youthful, natural,
P . ff,.. 2r •,, ,14 magn.. _ • ,
it ieb for deaf nvisible Operative
Voice Conductor
X 4atiiolN-li-eontib • •
ruble' pt . 7 give hero •
Persons i •
. * not toe least perceptibie nor
0 •ifiit'l..74:l' ;Cases of sea fnes ' . d the faintest ediate relief to old standing extreme
7- imeara, with h• :*: istinctness. lib whisper at a public assembly is
tl9 Alb
York Feet llttit. 76, King win. ' emarle.street, opposite the
.- witlrperiiiirs- of the same name. lam.street, City.—No connection
XS . .
. .

LAW INTELLIGENCE.
COURT OF CHANCERY, Nov. 23.
The LORD CHANCELLOR sat at Westminster to-day
shortly after ten o'clock.
BLUNDELL V. GLADSTONE—BLUNDELL V. STONER—

BLUNDELL V. BLUNDELL.
These cases came before the Court to-day, by special
appointment, upon appeal from the decision of his Honour
the Vice-Chancellor of England, pronounced last year.
The hill-was originally filed for the purpose of establish-
ing the will of an eccentric old gentleman of the name
of Blundell, by which he bequeathed large sums of
money to different parties. The will was written on a
small piece of paper, and upon the case coming on for
argument before the Vice-Chancellor of England, it was
urged that the Court ought to direct an issue devisavit
vel non to a Court of Law. After hearing the arguments
on that occasion his Honour directed the issue, which was
tried in the. Northern Circuit, and upon the trial of which
the Jury found in favour of the will. The case then
came before his Honour again upon further directions,
and upon that occasion his Honour decreed in favour of
the will. From that decision the present appeal was
brought by the heir-at-law and next of kin of the testator.
The arguments in the case, which were opened to-day,
appear likely to occupy the Court several days, as, in ad-
dition to tbe,,Solicitor-General, almost every Queen's
Counsel wholgactises in the Lord Chancellor's Court is
engaged in the-appeal for some party or other.

ROLLS' COURT, Nov. 23.

The MATrEtt of the ROLLS was occupied a consider-
able portion of the morning in hearing petitions and con-
sent causes of little general interest.

ATTORNEY-GENERAL V. PRETTY3IAN.

This suit, which be remembered was instituted
by the Attorney-General at the instance- of the- Charity
Commissioners against
,the defendant! and, ,the Bishop
and Dean and Chaptek-of Lincoln, fqr,)the recovery of
certain trust.funds, vOich have been fen a long,neripd di-
ierted from' the purposes of the trust, and now enjoyed
by the defendant, came again before the Court this morn-
ing, upon arranging the terms of the order.
Mr. KINDERSLEY stated that what hail been sug-
gested by the Court was, that the defendant should
be charged with rack rent from the time the Com-
missioners made their inquiry. It was found
upon inquiry that if this were done the result would be
that the defendant would be charged to the extent of
22,0002 Under these circumstances he would suggest
the further exercise of the principle on which the Court
was disposed to act in cases like the present, where the
parties had been dealing with charity property on the full
conviction that it was their own.lt appeared that three leases
had been granted over in 1819, another in 1826, and an-
other in 1834, and that the fines received on these
amounted to about 13,0001. The lease of 1819, would.
have expired last year, that of 1826 had about eight
years, and that of 1834 about 14 years to
run. What, therefore, he would submit to
his Lordship on behalf of the defendant, was
that, acting on the principle the Court adopted in these
cases, the defendant should not be charged with the fine
received on the lease already expired. Supposing Dr.
Prettyman had
,died at the expiration of the leases, the
'Court would not have bc en more disposed to make his exe•
cutors liable, than it was. to make liable the executors of
his predecessors. With regard to the other two leases,
• he would suggest that theY be reckoned in the proportion
of the number of years current on each. This was
about one-third of the second lease, and about
t wo-thirds of the other. He would propose,
therefore, that the defendant should be charged
with one-third of the value of the one, and with two-
thirds of the value of the other, which would amount to
about 1,900/. This gentleman derived his income en-
tirely from his preferment, and it would be absolute
ruin to him and his family if the Court should order him
to pay so large a gross sum of money as that for
which he was liable. He could not of course ask for in-
dulgence at the expense of justice, but he believed the
Court would take into its consideration the circumstance
that the party had only received what he bona fide be-
lieved belonged to him, and would not therefora carry
the demand so far back as absolutely to crush him, espe-
cially when there was no person living from whom it had
been taken.

The MASTER of the Rou.s—The principle on which
the order was made was that the defendant should pay
the value reported to have grown due since the time
when he had notice of the foundation. lam not aware
of what could be more lenient (I might say) than that.

Mr. KINDERSLEY--The effect of that will be that he
will have to pay about 22,0001
_ _ . .

The MasiEit of the ROLLS.—Then see what the Cha-
rity has lost. All this was lost because this gentleman,
after notice of the deed which deprived him of it, thought
fit to apply it to his own use.
Mr. KINDERSLEY—NO, my Lord, not after notice that
he was not entitled to it.

The MASTER of the RoLLs—lt comes to that, for
though be has not received the rents he has received
and enjoyed, and does enjoy, the consideration for these
rents.

Mr. KINDERSLEY—He has received that undoubtedly,
but before his attention was called to the fact that he was
not entitled to it as he had conceived, and as his prede-
cessors had conceived also. The period for renewal of
the lease, in the usual course, has arrived, but defendant
has not renewed, nor has he done anything' • since
the Commissioners made their inquiry in 1836.
The MASTER of the RoLLs—He objected to repay the
fines, thinking it would be better for him to pay the value.
lie then finds payment of the real value Would be
a greater charge than payment of the fines, without in-
terest, and he solicits a remission. I have no objection
to allow him to apply to the Attorney-General.
Mr. KlNDEast.Ev—The effect of his repaying the fines
would be to charge him with 13,0001., with interest from
the time he received it. Now, although I cannot ask
your Lordship to take into consideration the circum;
stances of the individual, I believe the Court will take
into its consideration the general principle on which it
acts in these cases.

The MASTER of the Rouz—The Court has done so,
very much.
Mr. KINDERSLEY—I must leave the matter in your
Lordship's hands. When the Commissioners made
their inquiry the lease had nineteen years to run, and
nineteen years' rack rent of the property, the annual
value being about 1,200/., would be deducting the rent
22,192/. There are now about fourteen years to run. If
you deducted discount on account of these, it will leave
about 20,0001. The defendant has no more means of
paying 20,0001. than of paying 200,0001.
Mr. PEMBERTON—I think these considerations might
be addressed to the Attorney-General with great force
and propriety. I must confess I think that the Attorney-
General could not be asked to accept less than the two
last fines, except on the ground of the total inability of
this gentleman to pay them. But I think the better way
would be for the defendant to make these representations
to the Attorney-General, and to satisfy him that it
would not be expedient to press for more.
Mr. KINDERSLEY—I also think that would be best.

• The MASTER of the Rom.s—l think so too. I can-
not measure what ought to be the decree by the amount
of pressure on the individual.
Mr. PE3IBERTON-It is not the intention of the Attor-
ney-General to require more than the fines without in-
terest. I cannot understand how the payment of these
fines should be less than the value of the lease subsisting
after it had run a certain number of years. If it be so
the defendant may accept the arrangement proposed b,y
the Attorney-General, to pay the amount the princi-
pal money received fbr fines without interest. On the
part of the Attorney-General I have nothing to do here
but to submit to the decree of the Court. If any per-
sonal discretion is to be exercised, the party must refer
to the Attorney-General himself.

The MASTER of the Rou.s—l think the better way
would be for you to consult the Attorney-General. Let
the matter stand over for a month, with liberty to apply
in the meantime.

VICE CHANCELLORS' COURT, Nov. 23.
SALISBURY V. MORRICE.

His Honour the Vice-Chancellor of England was en-
gaged the whole morning with the further arguments in
this case, which have already occupied the Court
several days.
(Before Vice-Chancellor BRUCE.)

HOBBY AND OTHERS V. COLLINS AND OTHERS.

The plaintiffs in this case were infants, claiming under
a deed of settlement against their trustees and their
guardian Collins. A supplemental bill had alSo been
tiled by the plaintiffs against the assignee of Collins,
who had become a bankrupt pending the original suit.
The bill charged the trustees 'with a breach of the
trust, and prayed the restoration of that portion of the
trust-fund, which had been lost, the removal of the pre-
sent trustees, and the appointuient—of new trustees in
their stead.
_ The arguments in the cause, engaged' the Court during
the greater part of the morning, but were of a nature by
no iiir
eaus interesting to the public.
i
• COOT'F.It appeared for the plaintiffs. Mr. PID-
MTLLT for the co-trustee, and Mr. ROUT for the tenant
for life. .*
Ijis tlonourAlefereed the discharge of Hobby and Eck-
ley from the
trust
ann'hdento, ainnqauflomr What
P; the. Master to appoint new 'Trustees,
rice
;
wha portion of the estate had been sold,
been renewed byan account to be taken of all
the sums, in
respectof the estates sold, which had
application,tir Hobby,i }'c kl ey,
thereofan ; d CtVel i n2sfas
to!
any of them, and the.
also to inquire whether
ewere any after-born chil-
dren who would be the objects of
theeetrsutsstiewbitehplaibiderbtxy
to state special circumstances. The
the
other causes which stood on the paper for
etrvuesrtaelef
s .
this day, were called on, but owingto
erthwepe ttartlies not
allotted.
they aware to what Court their suits
they were not prepared, and in consequence, his illooe
rose early.
It is expected that such order will be established in
the distribution of the several causes, among the Equity
Courts against the sittings after term, that no disap-
pointment
or loss of time, shall ba experienced by either
cout ;el or their clients.

COURT OF QUEEN'S BENCH, Nov. 23.
THE QUEEN V. ANDERSON.

In this ease a rule had been obtained calling upon the
defendant to show by what authority he claims to fill the
oflied of a burgess of the borough of Ludlow, and the
ground on which the rule was obtained was that .he was
not the occupier of any house within the borough during
the year 1840, or the two preceding years—that he was
not,an inhabitant householder, and not entitled
.to be
rt:ted as such.
Mr. JERVIS now appeared to show cause against the
rule, which he said was one of a vast numbac obtained
at the instance of Mr. Lechmere Charlton, of Ludlow.
Mr. Charlton had previously attempted to raise the ques-
tion which was now before the Court by a man-
damush
ber ser.sela‘oft•
I:oll.s:cc:di:net" lie had
orehryao.dugo Now,h b. ta
present
nei obtained, , andthe
firstwhich
place, heh had after-
wardssub
nib ittedlthat Mr. Charlton was not in the capacity to
case,or d
ebecause
however, h e was'
od notpla ae
himself in the position of a relator he had set out the

ancient charter of the Corporation, and maintained that
his property of Ludford on the Herefordshire side of the
bridge was within the limits of the borough. --That had
been done when he applied for the mandamus, calling
upon the Mayor of Ludlow to place him on the burgess
roll, but he had been met by the answer that Ludford
was not within the county of Salop, and that the Ma-
gistrates had no' jurisdiction on the other • side of the
bridge. 116 apprehended, however, that the Court would
not now, try the question a second time, as Mr. Charl-
ton hid 'hot tried it 'in the legitimate form by man-
damus. His first objection, however, was that the
affidavit of Mr. Charlton as relator, was not in cora-
pilanduw-ittrthe rule of Court of Hilary Term, 1839, in-
asmuch as he did not depose on oath that the application
for the quo warrant° was made by him and at his in-
stance. The affidavit said, that the rule would be made
at his instance, and, if the Court made it absolute, that
he should be deemed and taken to be the relator. Now.
it was in the event of the Court refusing to make the rule
absolute, that it would be 'necessary for them to know
who the relator was, inasmuch as they would otherwise
be deprived of their costs.
The COURT wished to hear what answer there was to
that objection in the first instance.
Mr. KELLY submitted • that the affidavit was in strict
compliance with the ruhyof Court, and that the relator
could not make- an affidavit that a motion was made at
his instance a weekbefpre the,. application was brought
before the Court;..44°Uld Onlydepose to it as a matter
that was to be dune at his instance.
The COURT having decided that the 'affidavit was iu
compliance with the rifle of-Court,
Mr. JERVIS proceeded' with his 'other objections to
the quo warrant°, and cited the decision of the Queen's
Bench in the cases of the " Queen v. Fripp, Mayor of
Bristol," the " King v. Quail," and others, and sub-
mitted that there was no good ground for the present
application.
Mr. KELLY was heard in support of the rule. It had
been urged that Mr. Lechmere Charlton did not stand
in the proper position to be a relator, not being an in-
habitant or householder of the borough ; but his affi-
davit set *forth that he was of right a burgess. That
had been met by the assertion that his house was not
within the limits of the borough ; but he submitted that
that was not the question which the Court was called
upon to try.
After hearing the arguments of Counsel,
The COURT took time to consider its judgment. •
THE QUEEN V. THE BIRMINGHAM AND GLOUCESTER