The Sun.
London, England, 1847-05-04 00:00:00

THE SUN, 1 s TIE SDA EirkNING, MAY S, 1641

lieved there would be plenty of traffic to remunerate the pro— r Mr. Hawkesby continued under examination nearly all the
prietors ; for, in fact. this was the main road through Lin- day, and, the Committee adjourned at four o'clock.
colnshire, but the formation of the rival lines would abstract
much of the business.
Mr. Glover, the engineer of the line, showed the bearings
of several points which have already been previously given
in other ways.
Mr. Elderton, who had taken the local traffic, was then
placed before the Committee, but an objection was taken on
the part of Mr. Denison, and it was ultimately decided that
the gross amounts should be taken, and the traffic tables
were put in as a portion of the evidence.
Mr. Borthwick, the engineer, subsequently gave evidence
as to the engineering qualities of the line.
The Committee then, after a brief consultation, stated that
they were not in a position to give a formal decision without
a reference to the Railway Commissioners, but that on Wed-
nesday next they would state the conclusions at which they
had arrived.
The Committee adjourned at four o'clock.

LAW INTELLIGENCE.
COURT OF QUEEIV'S BEACH, May 3.
(Sittings in Banco, before Lord Chief Justice DasmAN and a

full Court.)
MORGAN V. SOMES AND ♦NOTitER.
This case was tried in the Bail Court last week, and was
brought by the plaintiff, who had been engaged by Somes
and Co. as steward to the ship Adelaide, trading to Hong-
Kong, to receive certain money, the balance of wages due to
him for his services on board of the said vessel. The claim
was resisted by the defendants on the ground of negligence,
dirty habits, and incivility on the part of the plaintiff. A
verdict for 111. Bs. was .returned for the plaintiff, the jury
being of opinion that he had not been regularly dismissed
from his situation until the return of the ship to this country.
Mr. WATSON, Q.C., this morning moved for a new trial, on
the ground that the verdict was against evidence and on the
ground of misdirection.
The COURT reserved its judgment.

GROUP XXXIII.

This Committee met today at twelve o'clock, Mr. Hope in
the chair.

LEEDS, DEWSBURY, AND MANCHESTER.

BAH, COURT, May 3.
(Sittings in Banco, before Mr. Justice ERLE).
IN RE WILLIAM MARTIN.

(EXTENSION TO WAXEVIELD, dce.)

Evidence on behalf of this scheme was resumed.
Several witnesses were examined in the course of the day,
mainly bearing on the mineral traffic, which was represented
to be very great in the district; the line, it was alleged,
would be the great means of giving these minerals accommo-
dation

It will be remembered that the defendant in this case was
a short time ago committed by Mr. Commissioner Sheppard
for not satisfactorily answering questions put to him, with
reference to the loss of certain money which appeared upon
his balance-sheet. He was brought up this morning by writ
of habeas corpus, in order that a motion might be made fur
his discharge.
Mr. CHAMBERS said that he understood that his Learned
Friend, Mr. Sturgeon, who appeared for the defendants, in.
tended to dispute the authority at times exercised by the
Commissioner of Bankrupts, in committing individuals to
Newgate; and also that the warrant of committal was not a
valid instrument. He, therefore, prayed his Lordship to refer
the motion to the full Court.

GROUP XLI.

Mr. Justice EILLE said that if there were any new point to
be raised, the case had better go before the full Court ; he
would, however, hear the motion.

Mr.STURGEOX then addressed the Court at some length in
support of the motion.
The COURT, however, decided that the committal was a
valid one; and the applicant was removed to his former
custody.

POLICE INTELLIGENCE.
WE

Shortly after Mr. Broderip had taken bis seat upon
the beach, Mr. Donegan, an inspector of the B division,
addressing him, said, that considerable excitement had
been occasioned that morning in the neighbourhood of
Lillington-street, Vauxhall-bridge-road, in consequence
of some workmen having discovered a number of human
bones amongst a heap of rubbish which they saw two
men shoot from a large cart. His (the inspector's) at-
tention had been immediately called to the circumstance,
and on examination he found that they were the bones of
a human foot and a human arm and hand, with the
fingers complete, connected by a sort of encrusted fibrous
substance. The hand from its delicate formation ap•
peared to be that of a female. There were other bones,
small and large, which appeared more advancing to
decay, completely free from any connecting matter, and
evidently belonging to other bodies. The whole had
been taken by the police, and ware at present in their
possession.
Mr. BRODERIP inquired whether any of the bones ap•
peared to be those of a person recently dead ?
Mr. Donegan replied,:that he should think not. From
the dry incrustation the hand and arm generally pre-
sented, he should say they were not the bones of a
person who had died recently. The arm and hand,
on the contrary, had the appearance of having been
preserved.
Mr. BRODERIP asked whether they had the appear-
ance of having been practised upon in the usual way at
an anatomical school?
Mr. Donegan replied in the affirmative, and from the
fact of having found some admission cards of the King's
College Hospital amongst the rubbish, he had every
reason to believe that the bones had been brought from
there. The workmen who had seen the rubbish shot,
little thinking that such a discovery would be made, had
not paid any attention to the name and address on the
cart, and therefore it was difficult to discover the actual
persons who had deposited the bones there.
Mr. BRODERIP observed that he was sure the autho-
rities at the King's College would not for a moment
tolerate such indecorum. He desired Mr. Donegan to
communicate the circumstance to the heads of that
establishment, in order that such a violation of common
decency—% hich he felt certain must be the act of some
of the subordinates employed about the establishment—
might not be repeated.
Mr. Donegan undertook to make the required com-
munication personally.
LAMBETH.

A person of gentlemanly appearance, whose name did
not transpire, entered the witness-box and said he waited
upon his worship, by desire of Lord Brougham, to re•
quest his advice and assistance under the following cir-
cumstances :
The applicant proceeded to say, that some time ago he
gave his acceptance for 100/. to a person who had pro-
mised to discount it and let him hare the money ; but
from that time to the present he had not received
a farthing for it, although he was now being sued fur
the amount of the bill, as if he received the cash.

Mr. ELLIOTT.—IIas the transaction taken place in this
district ? Applicant—l myself reside at Coventry ;
but the person who had my acceptance has his letters
addressed to Mount-street, Lambeth.
Mr. EmAoTT—You hare said you came here by desire
of Lord Brougham ; pray, how has his Lordship become
acquainted with the transaction ? Applicant—l had
written to his Lordship on the subject, and he asked me
to call on him. I did so, and, after stating the whole of
the circumstances, his Lordship recommended me to
come to this Court, and apply to the magistrate.
Mr. ELLIOTT—It is not a matter in which I have juris-
eiction, and cannot, therefore, interfere. You gave your
acceptance voluntarily, and the matter is altogether of a
civil, not criminal, character. The party has broken his
agreement with you, and now that an action is brought,
your defence, and a good one I think it will be, will be,
you received no consideration for the bill. At all events,
the matter is altogether of a civil character, and I cannot
interfere in it.
The applicant politely thanked his worship for the at-
tention he had paid him, and then left the Court.

description the others coieerned in the offence, was di-
rected to use every exerticn in taking them into custody.
On the application of Mr. Roberts, the Magistrate
consented to accept of bail for the prisoners' appearance
at the next examination, of themselves in 2001. each, and
two sureties each of 1001.

IMPERIAL. PARLIAMENT.
HOUSE OF LORDS, May 3.
The LORD CHANCELLOR took his seat on the Wool-
sack at Five o'clock.
Messengers from the Commons brought up several
Bills, praying their Lordships' concurrence.
The Earl of EGLINTON presented a petition from
the Earl of Sutherland, praying to be put on the roll of
Scotch Peers.
ELECTION OF SCOTCH PEERS.
The NOBLE EARL also moved for a return of all those
who had voted at the election of Scotch Peers since the
year 1800 ; also, for the number of those who had been
placed on the roll, and for a copy cf the rules and re-
gulations adopted at these elections.
ENCUMBERED ESTATES (IRELAND) BILL.
On the motion of the LORD CHANCELLOR, this
Bill was read a third time and passed.
Lord BROUGHAM presented a petition in favour of
local self•government from the Mauritius; also a peti-
tion from Preston in favour of a ten hours' Bill for
miners; and a petition from Tyrone against the clause
for imposing on tenants only the rates for the relief of
the Irish poor.
IRISH POOR-LAW BILL.
The Earl of ST. GERMANS wished to ask a ques-
tion relative to the rating of tithes under this Bill. At
present the occupier of the land had a right to deduct
tor every IL rent one-half the poundage rate, and the
landowners had a right to deduct from the titheowners
the whole poundage. What he wished to ask was,
whether, as the rating of tithes was now to be separate,
the titheowner had the right of making a deduction in
respect of outgoings, and, it so, what the amount of de-
duction was to be ?
The Marquis of LANSDOWNE said that the subject
should be carefully considered before the Bill passed.
ARMY SERVICE BILL.

DREADFUL WRECK OF AN
ENIIGRANT SHIP.
ONE HUNDRED AND SIXTY-FIVE LIVES
LOST.

One of the passengers of the Modern Athens, arrived
at the Broomielaw from Islay yesterday, gives the fol-
lowing awful account of the total loss of the ship Ex-
mouth, of Newcastle, from Londonderry, with one
hundred and sixty-eight passengers and crew, for Quebec
From what we gathered from the above referred-to
gentleman, as well as the three survivors, it appears the
unfortunate vessel sailed from Londonderry on Sunday
—had her canvass all blown away during the severe
storm on Monday and Tuesday—that she became per-
fectly unmanageable, and at half-past twelve on Wed-
nesday morning drifted on the rocks at Ballanavie, on
the west coast of Islay, with so great a force that she
went to pieces in ten minutes after she struck. The
captain, crew, and passengers were all lost, with the ex-
ception of three sailors, who were in the shrouds, and
who were thrown upon the rocks. The Modern Athens
passed the wreck on the afternoon of Wednesday, when
there was a considerable number of bodies being washed
on shore. The survivors came here with the Modern
Athens yesterday, on their way to South Shields, to
which place they belong. Their names are John Stevens,
George Lightford, and William Coultard. The captain's
name was Isaac Booths, and the owner, John Edons,
Esq., of South Shields.—From a Third Edition of the
Scotch Reformers' Gazette of Saturday.

Earl GREY—In consequence of the amendments that
had been made, he would propose to their Lordships
that the Bill should be committed pro forma.
The Bill was then committed pro forma.
LAWS OF LANDLORD AND TENANT.
The Marquis of WESTMEATH then rose, pursuant
to notice, to move the adoption of the following motion :
—" That the existing laws of landlord and tenant
in Ireland are not calculated to regulate equitably
the duties, reciprocal obligations, and interests
of the parties in those relations in that country, and,
under actual circumstances, require immediate revision
and amendment ; and that the imposition of increased
burdens and new responsibilities on land render such
revision and amendment urgent and indispensable." It
was not his intention to bring forward a Bill embodying
his sentiments, but he hoped to be able to bring forward
facts with respect to the existing condition of landlords
and tenants, which would induce the Government, who
were the proper parties, to take the matter into their own
hands and to bring it forward in accordance with his
recommendations, In 1824 before he had the honour
of a seat in that House, he gave evidence before their
Lordships' House on this subject, in which he pointed
out the treatment which landlords received at the hands
of tenants, owing to the state of the law which
regulated their relations.—(Here many Noble Lords
relapsed into inattention, and the buzz broke out
with renewed force.) It was excessively difficult
to deal with so important a matter, and he hoped their
Lordships would give him their attention. He stated,
also, that the state of the law prevented proprietors from
properly managing estates, and that unless they were
altered the time- would come when the country would
sink into a deplorable condition; and he thought, there-
fore, that the sentiments of one who bad predicted the
state of things which had actually occurred, were
entitled to some weight. During the time the late Ad-
ministration held office he introduced a Bill for the
purpose of improving those laws, and which would have
prevented that dependeece of tenants upon the pro-
prietors of the land, which had since led to so great a
drain upon the resources of this country, but he did
not succeed in his object. The Noble Marquis then read
an extract from the letters of Mr. Forster, the
Times' commissioner, whose letters he characterised as
ably written and as honestly intended to give the people
of this country a true representation of the state of the
occupation of the soil in Ireland, setting forth, that the
small tenants who had no manure, cut sods from the
surface and burnt them for the purpose of making
manure—that they sometimes got two crops of potatoes
by the aid of it, then a crop of corn, or anything else, as
long as it would produce anything, when the same pro-
cess was renewed, and that afterwards no crop could be
produced for cattle for some years. He proposed that
Bill upon a principle existing in the law ; he thought
that the principle which prevented the destruction of
houses might and ought to be applied to prevent the
destruction of the soil. But the Bill was not acceptable
and, therefore Irelend was still without a remedy. The
law as it existed regarding landlord and tenant placed
them in disadvantages which their Lordships could not
conceive. It Was a system which rested upon deceit and
trick. He begged to be understood that he did not wish
a law which did not provide for the interest of the
tenant in the first place. But he thought that where
leases existed, and the tenants did not fulfil
their obligations, they ought to be compelled
by law to surrender their land. He prayed
the increased attention of his Lordship, as if
he did not attend he might not be able to follow his
argument. In England a man had a right to
bring an ejectment if he had six months' rent owing
to him ; such was not the case in Ireland. f, r
an ejectment could not be brought for less than a twelve-
month's rent; and if a tenant owed eleven months' rent,
if he came before the twelve months' rent had accrued
due,and offered six months' rent, the landlord was obliged
to accept it. He wished the Noble and Learned Lord
on the Woolsack would give him a little more of his
attention—(Laughter)—[This was the third time the
Noble Marquis begged for attention] —otherwise he would
be unable to reply to the arguments which be (the Mar-
quis of Westmeath) had advanced. The Noble
Marquis then cited several cases of tenants in
Ireland in proof of his views, and said that
what he stated he did of his own personal know.
ledge, and he challenged contradiction of their accuracy.
He would not trouble their Lordships much longer.—
(Hear, hear.) The rent might fall due in November.
The landlord might apply in May for his rent; but he
would be regularly floored till that time twelve months.
Then, again, no tenant was obliged to state the nature
of his defence when proceedings for an ejectment was
taken against him, until he did so before a court of
justice, when his case was under adjudication, and he
was not compelled to lodge any thing towards defraying
the expenses in the event of his losing his case. The
landlords were only allowed 9/. 12s. for their expenses,
and had to defray the costs, which were frequently ex-
pensive, of lawyers and others. This was not the case
in England, and he saw no reason why the law of the
two countries should not be assimilated. In short, all
the expense of the processes fell upon the landlords. Then
there was no relief when barristers gave wrong decisions;
and he must be allowed to tell their Lordships that bar-
risters often gave wrong decisions, which he attri-
buted, in some degree, to the want of a central court at
I)ublin,where they might meet and arrange their decisions.
He hoped he had said enough to show that the law in
Ireland required reconsideration. Ile then referred to
the oft-quoted case of crown property, where no rent
had been paid or the land surrendered. The Noble Mar-
quis concluded by stating that his object was to make
the law suited to mankind, and not mankind to the law ;
and he implored of her Majesty's Government not to
permit it to continue to victimise every one connected
with land as it does at present.
The Marquis of LANSDOWNE said that the objec-
tion which he felt, and which he did not doubt that their
Lordships would feel to this motion, was that it was an
f
abstract motion, denouncing generally the state of the
law in Ireland, without pointing out any remedy or
theevil which it alleged. There were at present under the
consideration of the legislative,laws relating to the state
of Ireland, and which would shortly come under the
consideration of their Lordships. A Bill with refer-
ence to the relations between landlord and tenant,
was at present under the consideration of the
other House of Parliament, and that measure was in
every way calculated to remedy the abuses which the
Noble Lord had described in bringing forward his mo-
tion. He was not inclined to dispute the fact that many
abuses existed, but, before they were brought forward,
some remedy ought to be provided for them. He was
not for condemning the House in which they lived before
they had seen the House in which they were in future
to be. He should be extremely glad to listen to any
proposition which could be made by the Noble Marquis,
and which came in a specific form and calculated to
remedy these abuses of the law. He was not desirous
of giving to the motion of the Noble Marquis a direct
negative, and he should, therefore, move that the orders
of the day be now read.
The Marquis of Westmeath then withdrew his motion.
Their Lordships then adjourned.

HOUSE OF COMMONS. May 3.
The SPEAKER took the Chair at Four o'clock.
REPORTS.

The reports on the following Bills were brought up
and agreed to, and the Bills ordered to be engrossed:—
Cornwall Railway.

Ewell Rates.

Great Northern Railway (Brauches to Sleaford).
London and Brighton and South Coast Railway (Kent
Railway to Maidstone, Canterbury, and Tunbridge).
Lynn and Ely Railway (Extension to Spalding and
Ho'beach).
Shipowners' Towing Company.
South Wales Railway.

Terrington Mar +h Division Allotment and Inclosure.
Vale of Neath Railway.
CLEVELAND-SQUARE IMPROVEMENT.
On the motion of Mr. 11. DRUMMOND the Cleve-
land-square (St. James's, Westminster) Improvement
Bill was read a second time, and ordered to be committed.
Mr. GREENE moved that the order made on the 12th
day of April last, referring the petition of the Commis-
sioners of Sewers for Westminster and part of Middle-
sex. aginst the London Sewage Chemical Manure Bill,
to the Committee on the Bill, be discharged, and that
the petition be withdrawn.-- Agreed to.
The Hos. NIEstnER also moved that the order made
on the Ist day of February last, for referring the Sun-
derland Markets, Bridge, Ferries, and General Improve-
ment Bill to.the Committee of Selection, be read and
discharged : that the Bill be withdrawn.
REGISTRATION OF BIRTHS, &c.
Sir R. INGLIS presented a petition from Aberdeen
against the Registration of Births, Marriages, and
Deaths Bill.

Mr. lIASTIE presented similar petitions from
Paisley.
Mr. S. CRAWFORD presented a petition from the
parish of All Saints, Donegal, in favour of the legalisation
of tenant right, and extension of it to all parts of Ire-
land ; and against the elAuso for rating tenants only, for
the support of the poor.
Sir GEORGE STRICKLAND presented a petition
from Preston in favour of an amendment to the Poor-
law, and also in favour of the Health of Towns Bill.

DUBLIN IMPROT FV.ENT BILL.
Mr. M. J. O'CONNELL moved that the Dublin Im-
provement Bill be rca.l a 6tcond time to-morrow, which
was agreed to.

Mr—W. PATTEN presented a petition from Chester
against the Health of Towns 13'11.
WATERFORD, WEXFORD, WICKLOW, AND
DUBLIN RAILWAY COMI'A NY.
Mr. OSBORNE movt:d that the report from the
Standing Orders Committee of the 15th day of March
last be read ;- that leave be given to bring in a Bill for
the dissolution of the Waterford, Wexford, Wicklow,
and Dublin Railway Company ; and that Mr. Osborne
and Mr. Grogan do prepare and bring it in, which was
agreed to.

MALTA.
Dr. BOWRING gave notice that on a future day Fe
should move for a return of the gross receipts of the
island of Malta for the year 1845, and the manner in
which they were expended.

A PUI3LIC PROSECUTOR.
Mr. B. ESCOTT presented a petition, signed by Mr.
Pinney and several other magistrates in the county of
Somerset, praying the Government to appoint a public
prosecutor, and to authorise the payment of the ex-
penses by the parish clerks of the localities in which the
services of such an officer might be required.
REGISTRATION OF BIRTHS, DEATHS, AND
MARRIAGES (SCOTLAND).
Sir G. CLERK presented a petition from the Pres.
bytery of Edinburgh against this Bill.