The Sun.
London, England, 1847-04-09 00:00:00

Ny APRIL 9, 1847.

TRADE IN CHINA.

There has been issued, in pursuance of the order of
the House of Commons of Jan. 26, a copy of orders,
ordinances, rules, -and regulations concerning the
trade in China. The follivving is an extract there,
from of much interest :
SIR JOHN DAVIS TO THE CHINESE MINISTER.

jire subjects
mercantile Victoria, licmg-liong, Jan. 22, 1846.
I have had the honour to receive your Excellency's
note respecting the difficulties attendant on opening
the city of Canton to 13ritish merchants.
htlflactar"ryßirhigtishhh stuheb
In the Treaty of ganking, the second article states
th
gepipuror:faahnmi
pursuits,
si
without
at
hna
ghn
hdh
ta
hi
esta-
blishments shall be allowed to reside, for the purpose
tleosnt,aAti,nn oyr,o restraint,.cho va.tfoot,he cities and towns of Can-
Now, the treaty has already been equitably fulfilled
at four of these ports, and Canton remains the only
exception. Even at Foochow foo, where difficulties
were last year urged exactly similar to those alleged
regarding Cantor), your Excellency's Government has
enforced the provisions of the treaty.
In the first article of the Treaty of Nanking, it is
stated that the subjects of our two Governments re-
spectively "shall enjoy full security and protection
for their persons and property within the dominions
of the other."
It is a matter of high satisfaction to reflect that at
four of the ports the greatest security and tranquil-
lity prevail. Even at Foo-chow-foo, where I had
last year so much reason to complain, the people have
been brought, in consequence of my representations,
and by means of proper examples, to behave with
perfect correctness towards foreigners. But, unfor-
tunately, at Canton the evil is far from being confined
to a mere exclusion from the city. Your Excellency
knows that the Vice-consul himself, a public officer,
was wantonly and outrageously assaulted on the
opposite side of the river, and no redress whatever
has yet been afforded for that and another similar
instance reported to me by the Consul.
Your Excellency's long experience of public life
must convince you that such a state of things cannot
continue. At Canton was the origin of those troubles
which were happily terminated by the peace ; and it
is my wish for the continuance of our present friendly
relations that makes me desirous to urge in the least
unpleasant manner, and before it is too late, the com-
pletion of treaty engagements at Canter].
In the twelfth article of the Treaty of Nanking it
is expressly provided, that " the islands of Koolangsoo
and Chusan will continue to be held by her Majesty's
forces until the money payments and the arrange-
ments for opening the ports to British merchants be
completed.'
In July, 1843, your Excellency addressed the an-
nexed paper to my predecessor, distinctly admitting
the justice of opening the city of Canton in common
with the others, and solemnly engaging that it should
be done. I have myself repeatedly pressed this en-
gagement on your Excellency, and now urge it with
the authority of my Government. Koolangsoo has
already been delivered up; and her Majesty's forces
will evacuate Chusan the moment some arrangement
has been effected according to the treaty. Your
Excellency is aware that scarcely any buildings
whatever have been constructed at Chusan, in antici-
pation of its speedy evacuation.
Adverting now to your Excellency's last note, the
tumult in which the rabble attacked the Prefect of
Canton's house is publicly and universally known to
have originated in the undue severity exercised by
that officer on an individual who impeded his way,
and not in any rumoured attempts of foreigners to
enter the city. I have gone to an extreme length in
prohibiting British merchants and others from the
exercise of their just and admitted rights. But even
supposing that such a tumult arose from a mere ru-
moured attempt of foreigners to exercise a right
secured by treaty, this only proves the extent of the
evil to be remedied.

The control of Chinese subjects belongs exclu-
sively to your Excellency's Government. I have
only to require for British subjects those privileges
and that protection which have been so often urged,
and so long postponed—and having now received
positive instructions from my Government, I cannot
do otherwise than be guided by them.
I take this occasion to renew to your Excellency
the assurances of my highest consideration.

J. P. DAVIS.
(True copy) ADAM W. EMSLIE.
COMMISSIONER KEYING T 3 SIR JOHN DAVIS.
(Translation.—Extract.)._

JULY, 1843.
As to the free entry into Canton, the two nations
are now at peace, without the slightest ground for jar
or altercation • what difference, therefore, can there
be.between the inside and the outside of the city?
When, too, Icingpo, Foochow, Shanghae, &c., may
be entered, why should Canton be solitary in this
respect ? The evil is that the temper of the Canton
population is so unlike that of the Chekiang and
Kiangnan people. The former, since they have felt
the misery and disasters of war, have been filled
with consternation; and, unsettled in mind, they
are easily accessible to doubts and suspicions. The
High Commissioner, on his first arrival at Canton,
issued a proclamation earnestly and clearly ex-
horting them, and at that time hoped that the
popular mind was becoming by degrees quieter.
But, when returning from Hong-Kong, with a
mind fully decided on inviting, the Plenipotentiary
to conference there, that he might in some measure
exhibit his feelings towards him, he was to his
astonishment saluted with representations from one
Ho-Yushu, who, with more than eighty other of the
-gentry, joined in presenting addresses against his
doing so, at the offices of himself, the High Commis-
sioner, and of all the principal offices. Though the
High Commissioner admonished them face to face,
and refused to receive their addresses, yet, observing
day by day the actual disposition of the people, he
finds their suspicions and surmises still unremoved.
The High Commissioner has now, in conjunction
with the Governor-General and Governor, commanded
all local magistrates and other officers to adopt
measures for inculcating a better spirit. And he
only waits till the port is opened and commerce in
progress, when all parties settling into a state of
quiet, they shall meet together to consult within the
city, whenever business may call them thither. If
there be the slightest falsehood in this, may the
Highest regard it !

POPE PIUS THE NINTH.
To him who now wears the tiara a noble mission
is confided. Gregory the Sixteenth, with all his re-
sistances, prejudices, and alarms, belongs to the
times that were. Pius the Ninth has entered upon
his high position with a true appreciation of the
wants—the claims of the age. If he can resist the
pernicious influences that will beset him, there will
be no bounds to his popularity and power, not only
in the States of Italy, but throughout Catholic
Christianity. His disposition to advance will be
favourably contrasted with the determination to stand
still, which was the law of his predecessor Italy
wants a Sovereign who shall be the recipient of
the public love, and Rome has still links enough
binding her to all the States around to give
an intelligent Pontiff an immense authority. The
other day I received from an Italian lady a
letter written on a sheet, at the top of which,
engraved in gold, was a portrait of the pre-
sent Pope. "See !" said she, "it is thus we commu-
nicate with one another, thus that we convey our gra-
titude for what the holy father is doing—our ex-
pectations of what he still may do." Under the
guidance of a cultivated and civilised spirit, Rome
itself may awaken from its slumbers. It has still
within it some of the intellectual elements which
made it great and glorious. Let any man cross
the city into the Trans-Tiberian quarter (Tras-
tavere), and watch the countenances of those who
still represent the citizens of ancient Rome—that
portion of the population which is believed to have
escaped the fusion which the various races which
have from time to time invaded, possessed, and peo-
pled the Italian provinces ; in the whole of that
community, in the women especially, ha will find
much to admire, and will not easily believe that
any great degeneracy can have corrupted such a
noble race. And it may be laid down as a safe posi-
tion, that where sound minds and fine physical powers
are preserved, there is no cause to despaor of the re-
demption of nations. The seed of greatness have
not been wholly trampled down in Rome itself—
there is still fire in the ashes.—Dr. Bowring, in
How itt's Journal.

Low TIDE IN THE THAMES.—Yesterday afternoon
the ebb tide fell unusually low in the Thames, and many
of the above-bridge steamers and craft grounded in the
customary navigable channels of the river. From the
shallowness of the water, steam-vessels were unable to
bring up alongside the floating piers. At the Westmin.
ster-bridge steam boat pier, Surrey side, three small
steamers were aground at the same time, to the great
consternation of the numerous passengers on board.

The German newspapers state that Professor
Schonbein, the inventor of the cotton powder, has dis-
covered a new composition which produces the same
effects as the inhalation of ether, without Causing any
danger. The nature of the new invention is not de-
scribed.

ACT TO FACILITATE THE SALE
OF ENCUMBERED ESTATES 1N IRELAND.
A Bill with the above title has been introduced in
the Lords by the Lord Chancellor; subjoined is an
abstract of its provisions :
CLAUSE 1. Declares that the object of the Act is to
"grant facilities for the sale of estates situate in that
cart -of Great Britain and Ireland called Ireland,
which may be charzed with incumbrAnces, or subject
to trusts author'sing or requiring ;" end the fol-
lowing words shall be taken in the extended or res-
tricted sense expressly attached to them in this clause :
! Lands Manors, advowsons, rectories, inessuages, lands,
'enements, tithes, rents, and hereditaments of any te-
nure, and whether corporeal or incorporeal, and any
undivided share thereof.—Estate. Estate in equity, as
well as at law, and the benefit of any covenant or con-
tract fir, or in right of, renewal.—Encnnibranee. Any
legal or equitable mortgage in fee or for any less es-
tate ; any money secured by a trust, judgment, decree,
or order, any legacy, portion, lien, or any other charge
upon land, by which a sum of money is secured to be
paid on an event, or at a time certain ; any annual
charge which by the instrument creating it, or any
other instrument, is repurchaseable on payment of
a gross sum.—lneumbrancer. Any person entitled
to an incumbrance.—Possession includes the receipt
of rents and profits. —Owner. This word, applied to
any lands or encumbrances, includes any person en-
titled in possession, absolutely or in tail, or quasi en-
tail ; any person for a life or lives, or for a term of
years determinable on the dropping of any life or
lives; any person entitled in possession as tenants by
the courtesy, whether at law or in equity; any per-
son entitled in possession to the equity of redemption,
or the property subject to the incumbrance in any
land, whether in fee or less estate ; any feoffees or
trustees for charitable or other purposes. It is de-
clared that the Act shall operate as well with respect
to any estate or incumbrance. created before as after
the passing of the A:t. - -
2. Under the provisions of this Act the owner of
any 'land or estate in land in Ireland subject to in-
cumbrance, may (subject to the approbation of
Court) contract for the sale of a part of it, freed from
such incumbrance; any owner or incumbrancer may,
without having so contracted, apply for sale of whole
or part of such land or estate; if an incumbrance
affect less than the whole estate of the owner, but
affect an estate carved out of it of not less than fifty
years unexpired at the time of contract or sale, the
power of sale shall extend to the whole estate.
3. The owner or incumbrancer contracting for sale,
or desirous to sell, may apply to the Lord Chancellor
of Ireland to confirm the contract or sale, the petition
and all subsequent petitions in the case being enti-
tled ex park the petitioner "in the matter of the
Act for facilitating the sale of encumbered estates in
Ireland."
4. The Lord Chancellor of Ireland, with the ad-
vice and Consent of the Master of the Rolls, may
make rules or orders for carrying this Act into
effect; the rules and orders to be laid before Parlia
ment.

5. Fie may, with the advice and consent, alter or
rescind former rules or orders.
6. Upon presentation of the petition, the Court
may, without the attendance of counsel, refer the
same to a Master in Chancery, who shall inquire into
the particulars and report.
7. Such land may be sold freed from her Majesty's
title, as authorised by 4 and 5 Wm. IV. c. 92.
8. All laws, rules, orders, and discretionary power,
and practice in force with respect to proceedings in
court for fore-closure or redemption of a mortgages
and under a decree for sale of estates for payment of
encumbrances or debts, not inconsistent with this Act
or any rules made under it ; the court may apportion
costs as it thinks fit, and order surplus moneys to be
invested in land for the benefit of parties entitled to
them; and all persons becoming parties are to be sub-
ject to the jurisdiction of the court.
9. When a petition for sale is presented by an in-
cumbrancer, the court may allow the owner time to
ascertain the validity of the debt.
10. Proceedings before the court under this Act to
be by petition or motion in a summary way ; not to
abate or be suspended by death or transmission of in-
terest; parties aggrieved by report of Master are not
compelled to take exceptions.
11. In case of death or transmission of interest any
person interested may apply to the court to carry on
proceedings.
12. When upon a petition a reference shall have
been made to the Master, he shall cause an advertise-
ment, announcing the petitioner's name, and describ-
ing the land or estate contracted for or desired to be
sold, tc be inserted at least once two previous weeks
in whatever daily or other public journals he pleases,
and fixing a day for entering upon a consideration of
the matter.
13. No error in such advertisement shall vitiate the
proceedings.
14. Before proceeding the master shall cause notice
to be given to all persons having interest in the sub-
ject of inquiry.
15. All parties claiming an interest in the subject
of the inquiries may appear, and the master shall de-
termine what parties have a right to take part in the
proceedings; the master's omission to give notice not
to vitiate proceedings.
16. Parties disallowed to attend by the master may
apply to the court against his decision within twenty-
one days, or if the court is not sitting, after giving
notice within twenty-one days to the party petition-
ing for sale.
17. Where there is only one incumbrance the court
shall not direct a sale without consent of the incum-
brancer, unless it consider the produce sufficient to
pay the principal and arrears of interest, or sufficient
(if the incumbrance is a re-purchasable annual charge)
to pay re-purchase, arrears, and costs.
18. Where there is more than one incumbrancer,
the first shall, for the purpose of giving consent, be
considered the whole incumbrancer, reserving to the
second a right to pay him off and become sole incum-
brancer.
19. When an incumbrancer is held subject to limi-
tation, or in trust, the first person entitled to the in-
come is the party to consent.
20. Where a person entitled to a charge, which is
not an incumbrance in the meaning of the Act, is
willing to accept a gross sum in satisfaction of it,
the master may treat it as an incumbrance, and charge
the portion of land which is not to be sold with it
preferably.
21. All reports and other proceedings under this
Act are to be filled according to the rules of the court.
22. The order for sale may include the whole or
part of the incumbered estate.
23. The court may order the whole of an estate to
be sold although the master shall have approved of
the save of part only.
24. The court may confirm the report nisi, and
direct it to be served on any person or referred back
to the master for review previously to making order
for sale.
25. The assurance of the land or estate sold shall
he raade in such form as the master shall direct ; or
he may authorise any other persons to execute the
same; the assurance shall be made to the purchaser,
his heirs, executors, administrators, and assigns.
26. The purchase money arising on the sale is to
be paid into the Bank of Ireland.
27. The receipt of the Accountant-General is to be
a sufficient discharge.
28. Where there are several incumbrances the court
may order proceedings to ascertain their respective
priority.
29. Where an annual charge, not an incumbrance
in the sense of this Act, affects any land or estate to
be sold under this Act, being part of an estate affected
by such charge, the person entitled to it may release
the land or estate to be sold without impairing the
charge as to the remaining part of the estate.
30. Provided no payment, not being payment in
full of an incumbrance, shall affect the incumbrancer's
right to the balance.
31. When an incumbrancer shall be satisfied,
wholly, or in part, by monies arising out of a sale
under this Act, and that it shall appear that other
persons, or lands, or estates should contribute to dis-
charge the incumbrance, the court may order pro-
ceedings to recover the money, and have it paid into
the Bank of Ireland.
32. No payment in respect of any incumbrance
under this Act shall affect the right of persons out of
whose estate the payment is made to be indemnified
out of any other land or estate, except in so far as
the court shall order under special circumstances.
33. Where the estate is ordered to be sold the court
may empower the master to include in his report other
interests in the same estate.
34. Where the land to be sold is subject to a lease
the master may apportion the rent of the sold and
unsold parts, and all covenants of the lease shall re-
main in force as regards the apportioned parts except
as to the amount of rent.
35. No person entitled to any incumbrance shall
be bound to accept payment under this Act without
six months' notice, nor until the incumbrance is pay-
able.

36. Where the incumbrance is not payable or not
ascertained the court may direct the Accountant-
General to set apart the sun to the credit of the in-
cumbrance and for costs and expenses.
37. When a petition for carrying into execution a
contract of sale has been presented without the requi-
site consent, the consent may be given subsequently.