The Sun.
London, England, 1841-04-05 00:00:00

TIE SUN, LONDON, MONDA V, APRIL 5. 184 L

SPIRIT of the PUBLIC JOURNALS

FROM TIIR EVENING rAP2RS or SATURDAY.
(From the Globe.)
The constitution and powers of. Parliamentary Elec-
tion Coinmittc es under.‘ eat some discussion last even-
ing in the House of Commons. The soreness felt by
the Tories at the failure of their attempt to unseat Lord
Listowell is increasingly m:snifest. This may be ac-
counted for on various grounds. The Gritnstones, a
powortnl part of the Tory host, had been beaten in their
stronghold, which they deemed almost impregnable ; and
it. would have proved more than consolatory under
the mortification arising from the unlooked-for defeat,
could they have dispossessed the invader of their family
possession. Lord Listowell also held a post in her Ma-
jesty's Household ; and to deprive him of the seat he
had ventured to contest successfully against the nominee
of the house of Verulam would be peculiarly gratifying ;
inasmuch as it would be or silt' construed into a triumph
over the Court, as well as over the winning candidate.
That such a construction would base been placed on
the decision of the Committee, had it been favourable
to their hopes, is evident. No sooner was it known
that Lord Listowel bad started as a candidate against
Mr. Bond Cabbell, than the most indecorous state-
ments appeared as to the interest taken by the Queen
in his success. Inventions, equally unrestrained by
decency or probability, were put forth with all the con-
fidence of the most direct and indisputable certainty.
The very language was quoted in which her Majesty
was asserted to have directed his Lordship to start as a
candidate, and to gain the election by all means. The
defeated candidate, in the moment of mortification, in-
dulged in expressions of the same kind and tendency ;
and for several days the Tory journals placed no
limits on their licentious imputations of unconstitu-
tional int.:rferecce. It is therefore manifest that, had
the decision of the Committee deprived Lord Listowell
of his seat, the triumph thus gained would have been
proclaimed in language as gross as the previous allega-
tions had been sweeping and unfounded. That they
should have been deprived of this much-desired oppor-
tunity of repeating the loathsome tirades in which, at
short intervals, they have indulged against their Sove-
reign and her Court, from the day that Sir R. Peel
was foiled in his attempt to become the major dome
of her Court as well as the bead of her Cabinet, by
which the hopes of the party of entering upon office
were prostrated at the very moment they regarded
them as secure of attainment, was on these accounts
peculiarly vexatious. No sooner did they find the elec-
tion lost, than they devised the scheme of imputing
bribery—bribery such as in the whole history of elec-
tioneering contests was never before heard of !
(From the Standard.)
Mr. Blackstone, it will be seen, moved last night for
the printing of the report of the St. Alban's committee,
and Mr. Thomas Duncombe added a " to quoque"
amendment, ordering the printing of the report of the
Canterbury committee. Mr. Blackstone spoke of
rumours that the case of St. Alban's had been compro-
mised ; and in confirmation of these rumours Mr. T.
Duncombe remarked that the petitioner's counsel stopped
the case just after having had two favourable decisions.
We know not what to say of the rumours afloat ; but
we are well aware that Mr. Blackstone would not
allude to anything so seriously comprising the charac-
ter of other gentlemen upon slight grounds : we must,
therefore, believe that the rumour prevails to an extent
and with a confidence of which we were not apprised.
Mr. T. Duncombe's remark in confirmation of this dis-
graceful rumour is, however, we believe inaccurate ;
but we remember, the first decision of the St. Alban's
Committee was, that " the petitioner had not proved
the agency of Dr. Webster"—a decision so mon-
strous as fully to justify a Counsel in throwing up
his brief, as, indeed, Mr. Hillyard might have done,
and, in our opinion, ought to have done, three days be-
fore. Still, experience teaches us not to be too confident
in the prudence and propriety of the conduct of
every gentleman who calls himself a Conservative.
There may have been a compromise in the St. Alban's
case ; and if there has been one we can ascribe it to
nothing but a consciousness on the part of Mr. Cabbell
that he or his agents have practised bribery ; for we
cannot for a moment conceive that the whole Conserva-
tive party is implicated to the extent that it must be
implicated, if, as surmised, St. Alban's has been sold to
save Canterbury. This would be a very alarming case,
indeed ; for it would involve not only the Whigs (they,
however, are familiar with infamy) and the Conserva
tivcs in a very disgraceful bargain—it would implicate
two sworn Committees of the House of Commons as
conniving at that bargain.

(From the Courier.)
It may be readily conceded that Lord John Russell
and the supporters of the New Poor-law Bill are almost
profuse of humanity—are guilty indeed of humanity-
mongering—when the object is to provide for the burial
of deceased paupers. He would have all such carried
out and buried " decently," and is moreover not indis

posod to provide for the charge to be incurred. Nay
more, he is disposed to allow the dying pauper himself
a voice in the disposal of his own remains, for so at least
we may understand his language where he says that,
" when he spoke of introducing words (into the 25th
clause) to sanction the burial of a pauper in the parish
to which he belonged, he meant to say, if the pauper
himself expressed a desire to that eject." The huma-
nity of Lord John, however, extends only to the pauper
dying; it is dispensed only when the pauper recipient
that is to be lies in arliculo mortis; for the pauper
living his bowels of compassion or compunction are not
so readily moved. The former is to be endowed with
the precious privilege of laying his bones in his native
locality ; the latter is denied a veto on removal from the
workhouse of his own and transportation to that of
any more distant union. Living he may no more
breathe his native air, or enjoy the consoling con-
sciousness of at least dwelling within the pre.
cincts around which his own once happy home and
friends remembered-well st'll cluster and are found, al-
though debarred the rights of occasional communion,
and restricted by " locks, bolts, and bars," not to be
burst asunder, from the light of the sun that shines on
his native fields beyond his dreary prison walls. But
in revenge, or compensation as it may be called, he may
claim on the bed of death the privilege of being laid
under the same sod, or in the same church-yard or
burial-ground, with the friends who have gone before
him, or among those who still live to pay the
lost sad tribute of remembrance and affection. This
latter poor privilege is but an expencEture of humanity
at the cheapest rate after all, witlt the consoling cer-
tainty, moreover, to those by whom reluctantly conceded,
that it is the last item in the pauper's bill of charge, and
winds up his account once for all. Miserable as is the
pittance ungraciou3ly doled out, we are yet thankful
that even that little has been extorted.

COURT 02 SEWERS OF WEST-
MINSTER, AND I'ART OF NIIDDLESEX.

An adjourned meeting of the Court of Sewers for
the City and Liberty of Westminster and part of the
County of 141iddie3ex, will be held at the Sewers'-office,
in Greek-street, Soho-square, to-morrow, at Twelve
o'clock. Among other proceedings are the following :
To receive Report as to the Drainage Bill introduced
by Lord Normanby in the House of Lords.
To consider (at Two o'cl9ek) as to signing warrants
for levy upon the Churches and other newly rated pro-
perty in the Eastern Division of the Westminster
Sewers.

To receive a Report of the Solicitors of the circum-
star.ces connected with the case, and opinio❑ given
thereon by Sir William Horne and Sir John Campbell
in 1833, as to the right of the Commissioners to dis-
t:ain for arrears of rate.

That the present system of collecting the Sewers,
rate be taken into consideration.

That; for the future, the Sheriff be directed to sum,
mon a Spacial Jury on all occasions.

The Li

ords of the Admiralty have appointed
e son of Mr. Johnson (the purser of the Fairy, who was
ost in that vessel) to the situation of a junior clerk in the
Woolwich Dockyard. This young man has been educated
at the Naval School at Greenwich.
LIVERPOOL PENNY TRIBUTE TO ROW-
LAND HILL, ESQ.—The plate about to be presented to
Mr. Hill is a splendid silver richly engraved salve-, about
twenty inches in di meter, and it is now to be seen in the
shop window of Messrs. Wordley and Mayer, in Lord.
street, who were commissioned to prepare it expressly for
the occasion. It bears the following inscription :—" Pre
sented to Rowland Hill, Esq., by the subscribers to the
Liverpool Penny Tribute, in token of their gratitude for
Phipps
iupil it has
shbacHe
institutedoforpcnr
eebsmey°:emi
onßentß.
htNt
eoii
the active, persevering, and successful exertions , to which
the country is indebted for that inestimable boon, the
General Penny Postage, BIDCCCXLI."
It has been proposed to hold a meeting of
Bt.itish merchants for the purpose of conside,•ing the pro-
priety of tendering to Mehemet Ali some public acknow-
ledgineets for the signal facilities and well-sustained
protection which he has afforded to their commercial c)rn-
munications, their persons, and their property, in passing
through his dominions on the route to India.
RotykABLOoLoIcTKIyOANRDOs.F.....TAIIitEhoNugAhVaAt LtheP(l)aLtelCinespAecTtioTnHoEf
theC
ai cificaivicayl ia)onldi cgeoiondt he ein\dVuocot Woolwich iet
the
ea
force
otherce sv as dockyards,
justly
praised,the
in their
tdachett
eihrdbnce
ieiscrse:
heeNa,
mtaevtwhichnah le,
Aid
i di is . now
e y.e
Camp
mn the
ttd
point of being carried into effect. On Monda Captain
_en.pdßlaaTtnhcticipated that a new force
her Majesty, assembled the Dock Police at Woolwich,Pand
had determined to introduce the Metropolitan
Commissionersa n t e fol lo of
..f.
janf,teratnhneoiunns
into the dockyards, and that they would be
utPhnoedleiAcredtmhFeiorraccloetyntrol of the Commissioners of Police. The
sth of April had been the day named for making change, and those of the Dock Police who chose to go
into the Metropolitan Force must immediately state their
wish, and such as would rather retire should have one
month's pay (41.) for every year they had been in
the
service. Many of the men in the Dock Police were old
sailors, who had given up pensions on their appointment,
set at rest as to whether they will be reinstated in the re-
and the poor fellows are most anxious to have their minds
ward for their services to their country which they were
deprived of on joining the police, and whether, if they
they may receive their pensions ,
take the retirement monoy,
also,

LAW INTELLIGENCE.

ROLLS
VALLTTE V. LONDON DOCK COMPANY.

. This motion, which was for the dissolution of an In-
. junction, occupied the Court the whole of Friday and
• SAturd.!y. At the conclusion of the argument, the
Master of the Rolls delivered judgment, from which the
facts of the case may he gathered.
His LORDSHIP observed that some time before the
month of Sqtember last, a person of the name of
Pujardos Mayans, carried on a business which he called
"a General Sranish Agency," at Paris. He Ougel
that he carried on business by commission, between
various countries of Europe, to a very large extent.
He became acquainted with a Colonel Valdes, and be-
sides the various transactions which he carried on as an
agent for the transmission and exchange of goods be-
tween persons residing in different countries, he was also
engaged in some political transaction. That political tran-
saction connected him with Col.Valdes, and they went
to Bourdeaux together. With regard to that matter
at Bordeaux, the present plaintiff, Leonard Valette
and Francois Janot Drechon, carried on business as
brandy merchants, and a M. Estiave, as a wine mer-
chant. Those gentlemen were ecquaintancas or friends
of Col. Valdes, who introduced Pujardos Mayans to
them, and the introduction ended in a contract be-
tween the parties. Messrs. Vidette and Drechon, on
their part, supposed they were entering into a valid
agreement for the sale of seventy-five casks of brandy,
for the sum of 25,000 francs, of which between 9,000
and 10,000 were to be paid in bills, and the remainder
was to be paid by drafts of the plaintiffs upon Pujar-
dos Mayans. The contract having been signed, Va-
lette and Drechon proceeded, on their part, to carry it
carry it into execution. The brandies were to be sent
to England, the bills of lading were made out to " the
Bearer," but the consignment was made to Mr. Gold-
ney, a lace dealer in Cheapside. The brandies arrived
on the 3d of December, on the 4th they were entered
in the London Docks in the name of Mr. Goldney.
The warrants were made out and delivered to Goldney
or his agents on the 28th. Before that time there had
been some dealings on the part of Pujardos Mayans
and his agents with respect to the brandies, which in-
duced a French gentleman to make communications to
the plaintiffs. In consequence of these communications
the plaintiff Drechon came to England on the 26th of
December, two days before the warrants were delivered
out to Goldney. He supposed that a fraud had been
committed on his house, and having endeavoured to
adopt some means to prevent that fraud taking effect,
on the 6th of January he filed the present bill for relief,
and on the 7th of January obtained an exparte injunc-
tion to restrain Goldney from parting with the
warrants, and to restrain the Dock Company
from parting with the brandies. The present
application was to dismiss that injunction. The ques-
tion as to what ought now to be done, was of the utmost
importance. i“f the brandies were now the property of
the plaintiffs, and should be delivered to Pujardos
Mayans, the injury done to the plaintiffs might be per-
fectly remediless. His Lordship observed that the
transaction in every part of it was subject to so much
doubt, and there were such strong reasons for thinking
that if he allowed the goods to get into the hands of
Pujardos Mayans, he might allow them to get into the
bands of some person who was not entitled to them,
that his opinion was, the injunction ought to be con-
tinued.

COURT OF BANKRUPTCY, Arzur, 2.
(Before Mr. Commissioner FONRLANQUE.)
IN THE MATTER OF YOUNG.
The bankrupt was a banker in Smithfield, and amongst
the assets realised by Mr. Abbott, the official assignee to
the estate, was a sum of 1,000/., which was not divided.
This day Mr. Wilkinson, as solicitor for several credi.
tors, applied to his Honour to know what was to be done
in consequence of the " absence" of the said official as-
signee. The creditors under the bankrupt's estate had
already suffered severely, and it was too bad that they
should not have received such a dividend as the sum of
1,0001. would, if properly administered, have affirded to
them.
The Learned COMMISSIONER thought that the appoint-
ment of trade assignees was intended to look after the
proper division of the bankrupt's particular effects, and if
they failed in the necessary vigilance which they should
have exercised, no blame could attach to the Court.
Mr. Wilkinson—That, your Honour, might be so ; but,
in this case, when a search was made at the office cf the
Accountant-general, in consequence of the newspaper
reports, referring to the "retirement," or rather the
" abscondment " of Mr. Abbott, not even the mention of
the bankrupt's name was to be found in the books of this
(the bankrupt's) establishment.
The Learned Commissioner—The court is compara-
tively powerless in this respect. The Commissioners do
all they can in the furtherance of benefit to creditors,
through the appointment of "trade assignees," and if they
will not do their duty, the fault is with the creditors who
select them.
Mr. Wilkinson.—ln other courts the Learned Com-
missioners call for the banker's books of the official assig-
nees • and where they find that they have cash in hand of
the Cankrupt's estates, of which they are supposed to be
the protectors as well as the administrators, to a larger
amount than 1001., they immediately direct the surplus to
be paid in to the Bank of England, to the account of the
Accountant-General, and thereby secure so much for the
creditors.
The Learned COMMISSIONER.—I am always most an-
xious for the protection of creditors. It was the great
object of the establishment of tbis Court, but we can only
exercise the power given us by the Act of Parliament.
Mr. Wilkinson.—Then I would submit to your Honour
that an alteration, and a speedy alteration too, should take
place in the law ; it is hard enough that creditors (as in
this case) who might have received five shillings in the
pounds upon their respective debts should now be left with-
out a single farthing, although the audit was declared for
September last.
The conversation then dropped.
ASSIZE INTELLIGENCE.

HOME CIRCUIT.—KnvosroN, APRIL 3.
(Before Lord DENMAN and a Special Jury.)
DOWNE, CLERK, v. CRAIG, CLERK.
This was an action by the plaintiff to recover from
the defendant the sum of 99/. 10s. Gd. for dilapidations.
Mr. Thesiger and another gentleman appeared for
the plaintiff, and Mr. Sergeant Channell and a gentle-
man, whose name we did not know, conducted the case
for the defendant.
It appeared that the two parties in this case agreed
to exchange livings, the plaintiff transferring to the de-
fendant his vicarage at Leamington Priors, in War-
wickshire, for the rectory, then held by the latter, of
Fctehatn, in the county of Surrey ; the mutual trans-
fer, of course, being made with the consent of the re-
spective patrons, as well as with that of the, bishops of
the two dioceses. Some time after the plaintiff had
taken possession of the rectory he discovered that vari-
ous dilapidations had accrued, whereupon he communi-
cated the fact to the defendant, who in reply stated that
he did not consider himself liable for any repairs. A
lengthened correspondence subsequently took place, in
the course of which it appeared that the defendant gave a
partial, even if not an entire consent to meet the
demand, adding, however, that he declined to be bound
by the estimate made by tile plaintiff's surveyor. That
party, nevertheless ,made an estimate by which it seemed
that the repairs necessary to put the rectory into a te-
nantable condition would cost 991. 10s. 6d. ; but that
if' the repairs were to lie such as would come within
the description of substantial repairs the outlay would
be 1411. The plaintiff, however, only required the te-
nantable repairs, and therefore demanded the smaller
amount ; and the defendant persisting in his refusal to
comply with the application of the plaintiff on the
subject, the Inter had felt himself compelled to resort
to the present proceedings. It further appeared that
the defendant had since brought an action against the
plaint:ff to recover the amount of dilapidations aileged
to have arisen at the vicarage at Leamington Priors.
In the course of the evidence it was proved that a de-
duction of 71. 9s. Gd. must necessarily he made, that
amount of the dilapidations not being "rectorial."
On the part of the defence it was contended that
the parties had made the exchange, each to be subject
to all the advantages and disadvantages of the respec-
t: ve incumbencies, or in other words, that each was to
take the livings just as they were, without leaving any
demand to be made from either. It was at the same
time admitted that there had not been any agreement
enterel into on the subject. It was urged, too, that the
plaintiff had come into the rectory in the character of a
tenant for life, and by purchase and contract with the
consent of several patrons and bishops.
The Learned ,Counsel for the defendant regretted
that this matter had been brought in a public court.
Mr. THESIGER here interrupting, said it there was
any question of law the opinion of the full Court should
be taken upon it.
Mr. Sergeant CHANNEL'. had no objection ; and
then that the opinion of the Court on the point of law
should decide the question in that respect as to the two
actions—the present action and cross action instituted
by the defendant.
Lord DENMAN considered the proposition as fair and
reasonable. The case, however, must set forth the
whole of the correspondence then as to the facts.
Mr. THESIGER said the verdict could be taken in the
present action, subject to the question of law to be ar-
gued before the full Court on a special case, the facts
to be ascertained by a gentleman at the bar, The other
action would also thereby be setilsel, with the exception
coefrtthaineaed.moun t of damages, which likewise were to be as-

The Jury, under the direction of his Lordship, accord-
ingly returned a verdict for the plaintiff, damages
subject to a special case.

MASON V KING.
In this case the action was brought against the Hon.
L. King, the lato High• Sheriff for the County of Surrey.
Mr. Sergeant Channell appeared for the plaintiff, and
Mr. Thesiger and Mr. Platt for the defendant.
The facts of the case were somewhat numerous, but,
as actually affected the present action, it would appear
that the defendant had made an overcharge, amounting
to .5/. 185., in a bill of costs for the execution of a levy
on the goods and chattels of a person of the mine of
Newland, then occupying the Cricketers' public house
at Mitcham, the sum arising from the levy, a t the same
time, not being sufficient to cover the original debt.

Under the statute which regulates the several fees and
charges allowable to the Sheriff, that officer is liable, if
he make any charge over and above tha respective sums
so settled, by action, to he made to pay three times the
amount of such overcharge. The existence of the
charge complained of was cl?arly established.
It, was contended, however, on the part of the de-
fendant, that the excess thus objected to bad its origin
in the interference of the solicitor for the plaintiff,
through which a certain valuation of the goods had
been made by an auctioneer of the name of Miller, as
though their sale had been intended to hove been
effected through the medium. of an auction, whilst
they, in fact, were disposed of under the authority of
a bill of sale.

Witnesses were then called to prove this fact.
Lord DENMAN kit it to the Jury to say whether that
evidence was; of so conclusive a nature as to satisfy them
that the solicitor for the plaintiff had acted in the cha-
racter of an agent with the officer, and as such, had
caused Miller to make the valuation, thereby causing
the overcharge complained of. If they were satisfied of
that fact, it would be their duty to find for the defendant.
If. however, it did not convince them that he had not
interfered in the character of an agent, then they would
find for the plaintiff.
The Jury, after a few minutes' consultation, returned
a verdict for the plaintiff, damages 161. 75., being, with
some deductions, three times the amount of the over-
charge.

Tim Court then adjourned until ten o'clock on Mon
day morning.

NORTHERN GIRCUIT—LirERrooL, APRIL 2,

DAVIDSON V. STANLEY, BART.

This was an action brought by the Commercial Bank of
England, in the name of the plaintiff as their registered public
officer, against Sir Thomas Stanley Massey Stanley, Bart., to
recover a sum of between 7,0001. and 8,0001. upon bills of ex-
change, which it was alleged the defendant had drawn and en-
dorsed. The defendant pleaded that he neither drew nor en-
dorsed the bills in question.
Mr. Cresswell, assisted by Mr. Alexander and Mr. Cow-
line►, conducted the case of the plaintiff_; the Attorney-General
(Sir John Campbell, who was specially retained), assisted by
Mr. Sergeant Atcherley (the Attorney-General for the county
palatine), Mr. Crompton, and Mr. Watson appeared for the
defendant.

The defendant is of a very ancient family, and has very large
landed estates in the county of Chester and elsewhere. He
formerly employed a gentleman of the name of Ashurst as his
steward, and in 1829 a person named Thomas Blundell was
appointed under steward. In 1831 Mr. Ashurst died, and
the head stewardship was conferred upon Blundell, who re-
ceived rents, paid moneys, and in fact conducted the business of
Sir Thomas, who was at the time engaged in considerable farm-
ing operations. The bills in question were drawn and endorsed
by Blundell, per procuration' . in the name of the defendant,
and the point to be decided was, whether he had authority
to do this. To prove this the plaintiff called a great number
of witnesses, who proved that Blundell had paid them in bills
drawn in this manner, and several bankers were called
with whom the defendant kept accounts, io show that bills
of this kind had been entered in his pass-books, which it
was said he must be presumed to have inspected; but it
appeared that none of the tradesmen or contractors for work
who received such bills ever saw the defendant h'inself. They
only dealt with Blundell. In 1837 the defendant was de-
sirous of opening an account with the Royal Bank of Li-
verpool, and sent the bank a letter requesting them to ad-
vance 4501. to his credit. This was the only direct autho-
rity shown in the case, but it appeared that on another
occasion a check was drawn, the body of which was in the
handwriting of the defendant. On its being taken to the bank
by Blundell, the clerk observed that it was not signed, upon
which Blnndell signed it per proc. At the time these transac-
tions were going on the defendant had large balances of cash at
his banker's, quite sufficient to meet all the demands upon him,
as well those for which the bills in question were drawn as
others. At length it came to the knowledge of the defendant
that bills had been given in his name for very small sums, which
led to an investigation. Indictments were preferred against
Blundell for forgery, and he was convicted and transported,
but whether the offence for Which he received that sentence
was connected with any of the bills now sought to be recovered
did not appear.
The ATTORNEY-GENERAL addressed a very able speech to
the Jury, who, after the case had been summed up, without
hesitation returned a verdict for the defendant.