The Sun.
London, England, 1847-11-15 00:00:00

COMMON PLEAS.-(THIS DAY.)

TOMS, APPELLANT, V. LUCKETT, RESPONDENT.
(Continued from our Afternoon Edition.)
Mr. GROVES was heard on the part of the respon-
dent, and contended that the decision of the revising
barrister was perfectly correct. He cited the case of
" Wansey v. Perkins" as bearing closely upon the con-
struction put upon the statute by Mr. M'Christie.
The CHIEF JUSTICE, after consulting his learned
brethren, said, as the case of " Downing v. Luckett,"
No. 12 on the list, involved to a considerable extent
the same point, the Court was desirous that it should
be heard before they gave their decision. His
Lordship observed that it referred to a counting-
house where the occupier had no key, but where an
agent of the landlord, acting for the convenience of
all the occupiers of the house, had a key with which
he opened the outer door in the morning and shut it
at night,

DOWNING, APPELLANT, V. LUCKETT, RESPONDENT.
Mr. CROMPTON, who was also engaged in this case,
then read the particulars of it, which were as follows :
—Mr. H. P. Downing had occupied a counting-house
at 11, Mark-lane, for three years, At a rent of 201.
per annum. Six other parties, beside the landlord,
occupied offices in the same house. There was also
only one entrance to it, which was through a spring
iron gate, that was kept sometimes open and some-
times shut. There was also a large wooden gate
which was opened during the day, and shut at night.
A person, who was employed by the landlord, lived
in the house with his family, for the accommodation
of the occupiers, and for the purpose of protectin g
the premises. The revising ,barrister decided that
the appellant was not entitled to be on the register.
Mr. Crompton's arguments, on the part of the appel-
lant, were a repetition of those urged by him in the
preceding case.
Mr. GROVES was briefly heard in reply.
The CHIEF JUSTICE said, in the case of Toms and
Luckett, the question referred to the Court was very
limited in its character. After stating various cir-
cumstances it proceeded to say,that it was contended
on the part of the appellant, that as the landlord did
not reside on the premises, but merely occupied a
part of them, and that as the appellant -had a key of
the outer door, the landlord's occupation did not pre-
ventu him being enfranchised, and that he ought to be
registered.
Toms had
haldt
nwuasobjected on
controlthe of
exclusive
and that he was merely a lodger. Now (the Chief
otherthe o u htaenrddr
that
e,
'Justice) was of opinion that the objection was
not well founded, and that the absence of
exclusive control over the outer door ought not
to interfere with the appellant's right to vote. It
seemed to him that the apartment occupied by the
,appellant might well be considered as a separate
exclusive
note
dwelling, and that he must therefore be looked upon
las a tenant. The revising barrister, it appeared, had
respect
that atexiv
a
found him qualified in every other rb
of the control of the outer door;
.essential to his proper qualification, and he was of
,opinion that the appeal ought to beallowed,
appellant's name restored to the and the
judges concurred in the register. The other
above • •on
`allowed. opini .--A
• ppeal
The CHIEF JUSTICE then said, that with respect
to the case of
"Downing v. I
•
apartments incircumstances
the
.uckett," he was of
opinion that the
were precisely similar
to the
Albany, the shops
in Burlington-arcade, and various chambers and
premises in the City, where the gates to them
formed a common
entrance, and where the porters or

~~~_ _.

persons who had charge of them were :merely
placed there for the accommodation of the tenan is and
the protection of the premises, and not f7')r the pur-
pose of qualifying the landlord to vote- lie was
therefore of opinion that the appeal in this c=asts should
be allowed and the decision of the revising barrister
reversed.
Appeal accordingly allowed.

MONEY-MARKET and CITY NE WS..
CITY, SATURDAY EVENING-
TIMES.—The English funds opened this morning
at an advance of nearly three-quarters per cent., from
which up to the close of the day they have not under-
gone much reaction.
was The
announceds toppag oe
this ilinleo.srsnrisn
gG. u n
Td rhye'
scol3ncreidrnP°wltas Bank
in 1790, and it had branches at Beaminster,
Lyme Regis, Chard, and Axminster. It was an
issuing bank, and its authorised circulation was
24,6921., of which, according to the last returns, it
had fully availed itself'. Local advances, to' au
imprudent extent during the present times, are:
understood to hays been the cause of the suspc-n-
-shin, but it is confidently believed that the partners
possess property, and that the liquidation will not
prove an unfavourable one. The total debts are re-
presented to be of moderate amount. Glyn and Co.,
the London agents are fully covered.
Advices from Amsterdam announce the failure of
J. 11. Rupe and Son, sugar refiners The liabilities
are not stated, but it is feared, from what is known of
the business of the house, that they cannot be much
below 100,0001. The amount that will fall upon this
country is 18,0001.
The letters from Liverpool and Manchester con-
tinue, on the whole, to be of a favourable cbaracter.
From the latter place an increasing business in pur-
chases is still spoken of. In letters from Hull it is
mentioned, that "although the Bank of England
branch keeps up its high rate of discount, the private
bankers charge only five per cent. to their regular
customers.".
The private letters from New York by the French
steam-ship Missouri do not bring any intelligence of
much importance. At the date of her departure the
strongest anxiety was felt as to the character of the
news likely to be received by each successive arrival
from England. Most persons in America, looking
calmly for the last year or two upon our mad career,
had anticipated a serious convulsion, but the accounts
that had at length reached them had gone beyond
their expectations. " A leading London merchant;
says one writer, "has written to a friend here, saying
that he looked for a crash before many days that
would shake the whole community,' and this has
caused great talk on 'Change, and general alarm.
Influenced," it is added, " by a statement of this kind
there are many who instead of remitting to London,
in time to provide for acceptances on their account
falling due, may be likely to delay them till they hear
of such acceptances being actually paid; thus aiding
the catastrophe."
With regard to the rate of exchange, it. Was doulbted
if it would go higher than the quotation which then
prevailed, namely, 91 to f. ".We do not anticipate,"
it is remarked, " that much specie will' be sent to
you. Such as goes now is transmitted chiefly. by,
parties who are afraid of all bills, and who do not',
mind losing the difference. We understand , that
some of the principal London, houses urge their
agents to send gold."
On the question as to the supply of breadstuffs'we
have the following paragraph :—" If many bread-
stuffs are wanted on your side this winter, we think,
under the present shattered state of credit, gold must
be sent out to buy them. There is a desire to ship
flour and grain if advances could be got, but houses
feel the necessity of being very guarded."
The creditors of S. S. Curtis, hide and leather
factor, met to-day, when the statement laid before
them showed assets capable of realising 4s. 10d. in
the pound on debts and liabilities amounting to be-
tween 17,000/. to 18,0001. The offer made by Mr.
Curtis was to pay a composition of ss. in the pound
by instalments, at periods of three, six, and nine
months, the last instalment to be secured; and this
proposal, after some discussion, was accepted. It
appears that the great deficiency in the accounts of
Mr. Curtis has arisen from the difficulties encoun-
tered by him in struggling with the insolvent estate
which he took up at the date of his father's decease.
Letters from Alexandria to the end of October
quote the rate of exchange upon England at 971 to
98. Shipments of grain to this country could be
effected at 7s. 6d. per quarter. The markets at this
date were rather dull, owing to the unfavourable in-
telligence of commercial affairs on this side.

SA'SITARY CONDITION of MARY
LEBONE.

On Saturday an unusually full meeting of the
-vestry of St. Marylebone took place at the Court-
house, for the purpose of receiving the report from
the committee appointed to inspect and report on the
sanitary condition of this vast district of the metro-

Mr. J. F. Stanford having been called to the chair,
Mr. S'CAICE, the parish surveyor, read the report,
of which the following are the most important ex-
tracts :

" Your committee find that in the highway dis-
tricts there are several roads which, from various
causes, as the want of proper sewage, Sic., have not as
yet been taken to by the vestry, and are consequently
not repaired or lighted. Your committee recommend
that application be made to his Grace the Duke of
Portland and Colonel Eyre, the freeholders of this
district, to put all the roads on their respective estates
into proper condition forthwith to be taken to as
parish roads, under the provision of 3 George IV.,
chapter 84, section 26."
After at very great length entering into details as to
the crowded and filthy condition of the houses in the
vicinity of Marylebone Police-court, and other dis-
tricts of the parish, the report proceeds :
" The demoralising influence of so many persons of
both sexes being under the necessity of so congregat-
ing cannot be too severely animadverted upon.
" Your committee recommend, in order to produce
uniformity of cleansing, lighting, paving, and rating,
and for the purpose of placing every court, alley, and
place in the parish under the direct control of the
vestry, that committees of survey be forthwith ap-
pointed to view all the places enumerated in Appendix
1, in order that all may partake of the benefits of
general superintendence, and to compel the landlords,
where necessary, to the performance of their duty in
this important particular, which, they regret to say,
has been in many instances greatly neglected, and
which requires, therefore, to be legally enforced.
" The report on the subject of nuisances recom-
mends immediate steps to be taken for the removal of
furniture and other goods exposed for sale on the
pavement of the thoroughfares, and the removal of
slaughter-houses and melting-houses, which frequently
render the air of an entire neighbourhood unwhole-
some.

" Your committee report that in several cases dur-
ing their inspection, they ascertained that swine were
kept, to the manifest nuisance and injury of the
neighbouring inhabitants. Your committee directed
the surveyor to take the necessary proceedings for
the removal of the same, and your committee recom-
mend that printed notices be served upon all persons
so offending; and if the swine are not removed within
seven days from such notice that legal proceedings be
instituted against the offending parties, and that it he
the duty of the beadles, from time to time, to endea-
vour to ascertain if swine are kept, and to report the
same in their weekly report books ; and the vestry
are recommended to rigidly carry into effect the
powers vested in them by Parliament to put down
this evil.
" Your committee find in many places through
the parish accumulations of dust in the yards and
cellars of the houses, and there is very general com-
plaint of the dustmen refusing to remove the same
unless they are paid for so doing. Your committee
find that thin nuisance of the accumulation of dust,
&c., existed to a much greater extent until within
these last few months, when, from the•circumstance
of the vestry having taken the slopping of the
parish into their own bands, the contractors have be-
come alarmed lest the vestry should also take upon
them the removal of the dust, and have become more
attentive, but the exactions still continue. Your
committee are of opinion that this practice should be
suppressed by the vestry.
" Your committee regret to be under the necessity
of remarking that there appears to be generally great
indifference on the parts of landlords of houses to the
wants or comforts of the poor, most of the premises
in the occupation of the poor being badly drained
and ventilated, very dirty, and no attention paid to
cleansing or repair. In many cases the basements
are so dark as to require candles to descend to the
ground floor, there being as few windows as possible,
no openings_ over area doors, as such openings, even
unglazed, would subject the owners of the house to
the window-tax, the law, to avoid the tax, requiring
that the passage should be absolutely dark ; the con-
veniences, in many cases only one for several houses,
and where there is one to each house it is generally
much neglected. In many parts of the districts, as
may be seen by reference to the notes of the inspec-
tors, as in Gee's-court, Barratt's-court, Gray's-build-
ings, and Calmel-buildings, the privies of the houses
are in a most foul and offensive state, in many cases
the tops of these places being removed, or where they
remain, the seats, floors, and passages are covered
with filth. Your committee, in reference to the pri-
vies in foul condition, and other nuisances contained
in the notes of the daily inspection of the whole of
the district committees recommend that the provi-
sions of the Act of Parliament 9th and 10th Victoria,
chapter 96, he forthwith had recourse to for the
abatement of the nuisances.
" Continuing their researches into the sanitary con-
dition of the districts, and turning to those subjects
the management of which the Legislature has placed
in other hands, your committee approach a subject of
the utmost importance in a sanitary point of view,
but over which the parishioners have no control what-
ever, viz., firstly, the sewage of the parish. They
regret that while they have through the parish sur-
veyor obtained now for the first time a complete know-
ledge of the state of the sewage of this great parish,
they are compelled to declare that it is manifestly in-
sufficient for the smuts of the locality, no fewer than
280 streets and ways in the parish being wholly with-
out proper sewage, and a great portion of the remainder
defective or incomplete. Every person who has at all
considered the subject must be aware that the forma-
tion of cesspools underneath and contiguous to
inhabited houses, is a fearful source of sickness and
disease ; and yet the formation of these noxious
depositories of filth has been for a long series of years
absolutely forced upon the public by the absurd prac •
tice on the part of the Sewer Commissioners of pre-
venting any drain from a privy being laid into a
sewer; of late, however, and since the evil has caused
a frightful a ecumulation, the Commissioners themselves
are !oud in their condemnation of cesspools, and even
solicit that :the drains may be laid into the sewer.
Against the conduct of these irresponsible parties the
vestry, have. -repeatedly and ineffectually protested.
" They recommend that application be immediately
made to •erluce their numbers, and to trap the
remainder s and that, if more ventilation to the sewers
be require xi, this be obtained from Vie crown of the
arch in I,he roadway, and not in the immediate
proximit y of the houses.
"An( ther evil of the most fearful character in a
sanitary point of view is the water monopoly; and
your cos nmittee regards the monopoly as essentially
differeu t from all other on account of its vast import-
ance vs an absolute necessary of life. Opposed alike
to all monopolies, and anxious to procure for the rate-
payers supplies, whether of gas or water, at the
cheripest rate, add of the most excellent quality, still
thew feel that in the matter of lighting, the rate-
payers having the choice of candles, naphtha, oil,
canaphine, &c., are not necessarily at the mercy of
the gas companies. But, as regards the supply of
water, there is no choice • the rate-payers are corn-
pilled to submit to all the exactions of the water
companies, and are entirely debarred from obtaining
any other supply. The West Middlesex Company,
in particular, who brought their water into the parish
under the express pretence of defeating monopoly, of
giving a cheaper and a purer supply, after a few years
entered into an agreement with the other companies,
parcelled out the metropolis into districts, and placed
the whole community at the mercy of this great
monopoly, both as regards supply and price.
" Your committee are convinced that a matter of so
much pullic importance should not be left at the
mercy of any commercial company, but that a control
for public purposes should be exercised by the go-
verning bodies duly elected in every locality in the
metropolis.
"The attention of the aggregate committee has
been strongly drawn to this circumstance during their
recent inspection, from observing that the supply of
cwoornter as regards public health and comfort, forms
Patsrativ!lY no part of the companies' arrange-
es indeed it cannot while the law remains
constituted as at present, profit being of course the
ruling object of
several companies. For instance,
they have found
.most localities (say in Gray's-
buildings for examitil thei supply of water is laid on
in the depth of thepaodeaun frtoont of the house, the ap-
proach to which
through a dark
the privy is in the back
assavie,Aile ththe wind"-tax)
is
yard, as far asp possible from
filth es, and there is
with drains running through the Supply of water,
accumulates in
no water to cleanse them; the
he
cesspools and drains, while the
water, which might otherwise be turned ordinarytg waod ste
count in cleansing the drains, runs direct ° into the
sewer, sewer, an4l no portion of it through the drains
" In addition to the defective supply doled out to
the parishioners, at an enormous charge, there are
forty-nine public street pumps in the parish, erected
by the vestry, maintained at an annual expense of
VOL Your committee beg to suggest that it would
be highly desirable that parochial or district boards,
elected by the ratepayers, should be_ empowered by
the Legislature either to contract for the supply of
water, or, if necessary, to supply it themselves to
the several districts, the expense to be levied by a
general rate.
" Under the head of lighting, and in connexion
with the extrems importance of the subject, as r
gards all attempts at sanitary improvement, your com-
mittee cannot but call on the vestry most strenuously
to urge once more upon the consideration of the Go-
vernment and the Legislature the absolute necessity,
if there be anything like sincerity on the part of the
proposers of sanitary measures, of repealing that most

unjust and unequal and obnoxious tax which places a
heavy penalty on the formation of all openings for the
admission of light and air, the free admission of
which is indispensible to the maintenance of health.
So long as the window tax continues to render the
habitations of all classes, and of the poor especially,
gloomy, fetid, and impure, no attempts at a partial
remedy of minor evils can be attended with
success. The remedy of this crying grievance is so
simple, and so completely within the power of the
Legislature, that its continuance can only be regarded
as a convincing proof of indifference to the most ob-
vious and practical means of carrying out real mea-
sures of sanitary reform.
" Interment in towns has engaged the serious at-
tention of your committee, and they have come to
the conclusion, notwithstanding all that may be urged
in its behalf, in connexion chiefly with the wishes and
feelings of surviving relatives, that the health of the
living must be considered in conjunction with the in-
violability and sacred duty of the interment of the
dead, and that the present practice is too highly detri-
mental to the health of the surrounding neighbour-
hood to be permitted to continue under a prudent
system of sanitary regulations. They trust that
means may be devised of putting an end to the prac-
tice, and of gradually closing the present graveyards,
without outrage to the feelings of those whose rela-
tives have been deposited within them ; and of con-
ducting funerals at a distance from the metropolis,
decently and respectably, with little or no addition to
the present cost.
" There is also another, and in the case of this
parish in particular a most important element
in the calculation, which it is impossible for those
who have taken a part in the administration of the
poor-laws to overlook, viz., the immigration of pau-
pers from Ireland and from the country districts,
bringing with them the seeds of disease and death,
already sown by the misery and want which drive
them, frequently almost in multitudes, to seek refuge
in the metropolis, and whose deaths make a grievous
addition to the due and proper average, which it
cannot be pretended that any sanitary regulations in
Marylebone would prevent.
"In making these observations your committee
have no wish to deny or to abate the value of proper
sanitary regulations ; on the contrary, they are most
anxious to recommend and to adopt them .in every
possible way. They only wish to guard against the
error of enthusiasm or of design, which would sup-
pose it possible that such regulations can obviate the
effects of crowded cities, of unhealthy labour, of dis •
sipation, and of want, in the propagation of disease
and in the hastening of death.
"In the meantime they are firmly of opinion that
representative and freely-elected bodies, properly con-
stituted under the sanction of Acts of Parliament,
and armed by the Legislature with sufficient power,
are capable, not only of carrying out, but of per-
forming in the most efficient and constitutional man-
ner everything possible, and which ought to be done,
in the way of sanitary regulation, as a means, and a
most important one, of improving the condition of the
town population ; and it is with the view of contri-
buting to that very important end that they submit
this report to the serious consideration of the vestry
of Marylebone.

(Signed) " GEORGE DANIELL, Chairman,
" And by the whole of the Committee."
Mr. G. DANIELL said he was requested as the
organ of the committee, to move the adoption of this
report forthwith, consequent on the close approach of
the meeting of Parliament, by which, in all proba-
bility, at an early period, the question of sanitary re-
form would be discussed. He thought the report
would clearly prove the fact that so far as the local
authorities had control, sanitary improvement had
been efficiently carried out, and it also showed that
if extended powers were given to representative
boards, like that vestry, there would be no complaints
of mismanagement in that respect.—(Hear.)
regard to the question of sewage a startling fact had
come out in the inquiry of the committee, namely,
that there were nearly 300 street in Marylebone
which had no sewers at all.—(Shame, shame.) This
had been the effect of placing the power in the hands
of an:irresponsible and self-elected body of commis •
sioners, whereas if the matter had been placed in the
hands of a representative body elected by the rate-
payers, there would have been as much improvement
with respect to sewage as there had been in paving,
lighting, and cleansing. Another most important
fact had come out in the inquiry of the committee,
namely, they had proved that the statement which
emanated from Lord Morpeth, that Marylebone was
the most unhealthy parish in the metropolis—that it
was worse even than Whitechapel—was erroneous.
Mr. HAKES seconded the resolution.
Mr. H. C. WiLsom supported the motion for adopt-
ing the report forthwith.
Mr. V. WILLIAMS hardly thought that the vestry
should be called upon to adopt so important a report
from a mere reading. He thought it desirable that
it should be printed.
Mr. JosEru also thought this course necessary, and
that there would be plenty of time, as it was not at
all probable that the sanitary question would be
touched by Parliament before the Christmas recess.
lie could, as a medical man, bear his testimony to the
' healthy condition of Marylebone, and particularly of
the workhouse.—(ffear.) As a proof of this, only
that morning an old woman had died in the work-
house, alter being there upwards of thirty years, at
the age of 103.—(Hear )
Several other gentlemen expressed their earnest de•
sire that the report be printed, and ultimately
Mr. G. DANIELL withdrew his motion for the adop-
tion of the report, and moved—
" That the report be received and printed."
This resolution was seconded and carried nem. con.

Sir W. STIRLING, in eulogistic terms: proposed—
" That the thanks of the vestry be presented to
Mr. G. Daniell and the gentlemen of the committee,
for the immense service they have rendered to the
parish in the performance of their laborious duties,
and in furnishing so excellent a report.
Mr. NicuoLar seconded the resolution, which was
put and carried unanimously ; and
Mr. G. DANIELL, on the part of himself and the
committee, acknowledged the compliment.
The report of the committee, with reference to the
question of the suppression of mendicancy in the me-
tropolis, was brought up and read, but its considera-
tion was deferred till Saturday next.
The vestry, after some unimportant routine busi-
ness, separated.

HAMBURGH and FLANDERS MAIL

BRUSSELS, Nov. 10.—The average price of corn
during the week enkling Nov. 6 was—Wheat 21f. 45c.,
Rye 13f. 98c., being a rise on Wheat of 57c., and a
fall on Rye of 3c.
VIENNA, Nov. 4.—ln the Bourse to-day the al-
ready depressed railway shares had a still greater
downward tendency, and prices were given which we
have not known for years. Towards the close
they recovered a little, but there was almost imme-
diately a reaction, and at the close of the Bourse
the exchange could be scarcely maintained. Added
to the unfavourable accounts from London yesterday,
the report was spread to-day, propagated in the first
instance by the Ober Post Ampts Zeitung, and
which was of course false, that the Queen of Spain
had been poisoned.
AluriEcu, Nov. 6.—Our corn market to-day was
well supplied, viz., 11,291 sheffels. The demand was
great, and the sale rapid, so that only 30 sheffels of
wheat and 84 sheffels of rye remained unsold.
Hops were rather higher than last week.
Marelace.—Both our export and import trade is
increasing. The imports come from the Maine
and go up the Rhine. The consumption of this
place and the environs is supplied by our increas-
ing large Friday's markets. The average price of
wheat is 13{1 18kr. ; oats, 4fl. 35kr. About three
millions were actually paid here and in Worms on the
28th of October. We do not yet know what sum was
paid in at Frankfort, Cologne, and Berlin. At all
events, not more than a fourth part of the share-
holders have declined their payments and have left
the company, forfeiting their already paid 20 per
cent. It is therefore clear that the opposition will
not triumph, and that the railway will he carried.
The returned shares will, according to the statutes,
be annulled, and will be put up to auction, or sold to
new subicribers at 80 per cent. The yintage has
commenced under unfavourable auspices.
BRUSSELS, Nov. 10.—CIIAMBER OF REPRESENTA-
TIVES.—M. Zoude, President, in opening the Cham-
ber, said that he was called to fill that chair by the
privilege of seniority. He had the honour to be
President of the Chamber by a title which, according
to modern ideas, would be repudiated ; for an age some-
what advanced was a motive hr exclusion from the
Legislative Chambers. Such, however, bad not been
the idea of the Congress when it decreed the institu-
tion of the Senate. He, however, congratulated
the youngest among them, that they might one day
enjoy the same privilege. The Chamber then pro-
ceeded to the nomination of the Committee for veri-
fying the powers. By the terms of the regulation
the Committees, which are six in number, are each
F.?_emposed of seven members, who are chosen by lot.
first emunittee has_ to verify the elections of
Alert, Aredenatrode, Eceloo, and San Nicolas ;
Ath, and Charlearnoydthose of Ghent, Termonde,
the second,
Soignies, Tt:t_uhoiosnn ;IzTitdohrowe
oaytrhe;inirtdti,oetf;hootushreet
fourth
fifthft those
oAstlehoonossef,
Hug, Liege Virviers,
Bastogne
and Antwerp; and
of Hasselt, r
the sixth giereosf
Ypres, and Dinant. Tbest?zne, Brussels, Nivelles,
morrow at two o'clock. Chambers are to meet to-
HAMBURGH, Nov. 9. -- COMMERc
lETELLI-
GENCE.—The tone of the Bourse to-id"
favourable, and money more abundant. to-day
unwclt: "r
railway shares firm, with little business. - "Ira'
BERLIN, Nov. B.—The funds, as well as the mil-
way shares, maintain their forEuer prices, though there
is not much business doing.