The Sun.
London, England, 1846-02-19 00:00:00

THE SqN, LONDON, THURSDAY EVENING, FEBRUARI 19, 1846,

the purpose. He hoped Alderman Wilson would not
proceed with his statement.
Alderman WlLsorr said he hoped the Court would
allow him to proceed. He had much more to state, and
he thought the best course that could be pursued was to
apply to Sir James Graham, or to get the matter referred
to a Committee of the House of Commons, for upon a
Committee of the Court of Aldermen he could place no
reliance.
Several Aldermen objected to the consideration of the
question at that moment.
Alderman WILSON persevered. If the Court refused
to discuss the subject on that day, be should soon bring
it on again. The immense importance of it made imme•
diate attention to it indispensable. He moved that the
committee to whom it was referred on the 21st October
last, to confer with the Secretary of State for the Home
Department on the subject of Whitecross-street prison,
and Giltspur-street Compter, be requested to lay before
the next Court the result of their interview.
Sir Peter LAURIE—I shall certainly count the court
if Alderman Wilson persists. Such. a subject as this re-
quires a special court. This is no court, my Lord
Mayor. There are but eleven members present.
Alderman FAREBROTHER—I hope the Court will not
break up. It may go forth that the Court cannot pro-
pose an efficient remedy for any defects Which may exist,
or that it is unable to repel the accusations so liberally
made.
Sir PETER LAURIE.—I submit, my Lord Mayor, that
there is no Court.

The LORD MAYOR —Then we are in committee.
Here s•veral of the Aldermen objected- to going into
committee.

Alderrnan•Wn.sox said he did not care whether they
constituted a court or a committee, provided they only
took into consideration the great subject which he, now
for the last time, brought forward. _

The LORD MAYOR.—YOU Can proceed in committee
with the question.
Sir William MAGNEY—The subject cannot then
drop from a court into committee. It must te discussed
in a court. I move that this committee—for we are no
longer a court—do now adjourn. A court can be ap-
pointed for the discussion.
Alderman SIDNEY rose to second Alderman Wilson's
motion, and was proceeding when
Alderman FAREBROTHER rose to order. They were
not a court. He had, however, no objection to hear
Alderman Sidney speak, and could show that the view
taken by Aldermen Wilson and Sidney was grossly an
error.
Alderman CoPELAND.—It is quite impossible that the
subject can be now further entered into. Let us have a
court for this question alone.—(Hear, hear.)
Alderman WlLsoN.—After the counting out of a
court consisting of eleven members, I shall certainly not
bring on the question again.
Alderman SlDNEY.—Deptild Upon it we shall be pointed

at for this proceeding. -
Sir William MAGNET.—I have taken as much pains
with the question as any man in the court, and I am
desirous to attend upon any day appointed for the dis-
cussion; but what can be done now? There is no longer
a court, and it is quite impossible to go into the matter.
Alderman SIDNEY said he was convinced the court
would suffer in the opinion of the public for that day's
extraordinary proceeding.
Alderman FAREBROTHER said the public opinion was
that the Court of Aldermen performed their duty, and
that opinion was not likely to be affected by false repre-
sentations.
Alderman Wiascat submitted that there was a resem-
blance between the opinions formed by the Inspector of
prisons, and expressed by him on Saturday upon the
question of Mr. Pearson's plan, with respect to juvenile
offenders, and the opinions expressed on the present
occasion. He had drawn no exaggerated picture, and he
was convinced that his words would not be thrown away.
The Aldermen then left the Chamber.
It is expected that an early day will be appointed for
the consideration of " prison discipline," and that some
decisive measures will be adopted.

LOSS OF THE BENCOOLEN.
INQUEST ON ONE OF THE SEAMEN.
An inquest was held on Tuesday, before Mr. Heyes,
county coroner of Lancashire, touching the death of
George Ellis, steward of the Bencoolen, which was lost
on Saturday week, on Taylor's Bank. The inquiry took
place at the house of Mr. Robert Rainford, of the Blun-
dell Arms, in Crosby, and, owing to the peculiar circum-
stances of the case, excited more than ordinary interest.
Previous to the commencement of the investigation, Mr.
Ripley stated that he was owner of the vessel, and he
wished for a most searching investigation into the whole
circumstances, so as, if possible, to ascertain the cause
of the unfortunate disaster. It would, he believed, bo
proved in evidence that the loss of the vessel, the sacri-
fice of so many lives, and of so much property, had not
been occasioned by the usual course of events in such
cases. It would be proved that the weather was mode-
rate, that the atmosphere was clear, and that the ship
was in good condition ; and if these pleadings were
proved, it would, he believed, be incumbent that the
inquiry should go further, and that they should look
into the causes that had produced the disaster. It was
of no consequence to the poor fellows whose lives were
lost, or to him as the owner of the ship, what the result
might be ; but circumstances might arise in evidence to
show the necessity of adopting measures to prevent in
future such loss of life and of property.
The first witness called was George Grey, who de-
posed as follows:-1 live at Stockton•on-Tees, in the
county of Durham. I was a seaman on board the
barque Bencoolen, which left Lima on the 13th of Oct.,
and made the west of Ireland on the 6th inst. We took
our pilot on board at eight o'clock on Saturday morning,
at Redwharf Bay, in Anglesea. The weather was at that
time bad; it was blowing a gale of wind from the W. to
W.N.W. That was a favourable wind for us. We
puselithe Bell Buoy at half past six o'clock at night.
The wind had then abated a little. It was a beautiful
moonlight night—quite clear. The pilot was walking
the deck; he was sober, perfectly sober, so far as
I know. We were right abreast of the Formby
light-ship when the vessel struck. The tide was
flowing ; it would then be about two hours before
high water. It was high water at twelve minutes past
nine that night. She struck several times upon the bank,
and never got off. The mizen-mast went over in ten
minutes after she struck. We lovrered the quarter boat
in about ten minutes after striking, and five seamen and
three boys got into it. The steward was in, but he went
back for something, but before he could return, the boat
had broken from the vessel. She had been fastened
with a three-and-a-half inch rope. We tried to get
back to save our fellow-creatures aboard of the barque,
but we could not—the sea and the wind drifting us away.
We got into Liverpool about half-past nine o'clock, and
gave every information of what bad occurred. I believe
that in twenty minutes after the vessel struck she tetally
disappeared. She had two boats aboard—the quarter
boat and the launch, beautiful boats. The name of the
pilot was James Greenwood Harding. He appeared to
be about forty years of age. I have not often sailed
out of Liverpool. The pilot seemed quite attentive, and
seemed to understand the management of a ship—
quite so. I have seen the deceased. His name
was George Ellis. I did not see the cook in the boat.
The boy said that the cook went back for his hat.
The rope broke. I expect that some cue threw the
end over. It was not the intention of the captain to go
into the boat. The steward put the captain's writing-
desk on beard. The captain ordered the boat to be
lowered. Ile and the pilot at the same time gave orders
for the long boat to bo launched. We had no head-sail
at all. The vessel steered well. The wind was aft. The
wind was on her larboard quarter coming up the Vic-
toria Channel. No orders were given fur bra,eirg the
yards till she struck. I heard no orders to alter our
course when we came to the liT'ormby light-ship. I was
forward, and heard no such orders.
Mr. Rowland—May I ask you whether, from the time
the pilot came on board, you had an opportunity of seeing
and marking his conduct?—Yes.
Did he give his orders well ?—Yes, he seemed to give
them very well.
To Mr. Cooke, superintendent of pilots—l cannot say
how the wind was in crossing the bar. The ship's head
would be about S.S.E., as near as I could tell. We had
closo-reefed foretopsails and double-reefed main.
Mr. Rowland—You state that the pilot etme on board
at eight in the morning, and that he was then perfectly
sober ?—Yes.
Had you an opportunity of observing him, say, an
hour befbre the disaster took place ?—Oh, yes.
Was there then any apparent change in his conduct ?
—None whatever. He was just as perfect as when he
came on hoard.
Mr. Ripley—l suppose the captain was sober ?—Oh,
yes, perfectly sober. I never saw him drunk. Captain
Clarributt was as nice a man as I ever sailed with. In-
eluding de pilot, there were twenty-one persons on
board the ship, eight of whom were saved.
Mr. Ripley— I believe that in coining up the channel,
the course of the vessel was not altered, and that when
she was on shore her head was E.S.B. ?—When she
struck I ran to the wheel myself, and her head, by the
compass, was then E.S.E. I believe, from the position
of the red light, that her course had not been altered
at all.
Benjamin Sparrow, an apprentice on board the Ben-
coolen. was next called. Ile deposed that the cook and
steward both got into the boat. The cook went back to
get his hat, and had not an opportunity of again getting
into the boat. The steward, after putting ttte captain's
desk into the boa', went back for something else. The
boat filled almost immediately after being got out, and
the people on deck hove buckets to them, so that they
might bale her. When they got clear of the water, they
were a long way from the ship.• The rope broke—it
was not cut; by any one. He jumped into the boat
without any orders. He did not hear any orders given
by the captain or pilot that the boat should return to the
.hip. All bands were on the poop, and the captain
called out, " Cut away the long boat." After that no
attempt was made by any one to get into the quarter
boat.

Thomas Brooks
morning last, aboLt; a fisherman, stated—On Sunday
itttsievc 1 o'clock, I was looking at my
tfihsehi nbgn-lines, ne:i
tohne
deceased,
easCrosby liberties, when I found
ewd;te It was lying on Charles's
rm. I hoisted a signal for
Bank. It was then low water.
ea
lodged
itAirne ;ierrhiendustehenfbmodry.
assistance, and three
about a mile to shore, and
liainford.
1 David Lloyd examined—l am the master of tha
Formby light-ship. I recollect the night of Saturday
week, when the Bencoolen was lost. She came directly
up the Victoria Channel, on our larboard side. Tti'w
wind was then N.W. I was at the time on the deck of
the light-ship, and expected that she would not get
clear of our buoys, and I went forward, to be ready in
case we should want the helm shifted to one side or the
other. She passed so close to our buoys that we could
have thrown a stone aboard of her.
Mr. Cooke, superintendent of pilots—How was she
steering when she crossed your bows ?—She hauled up
to the N.E., and steered to the N.E. for a considerable
time before I heard a word to say keep her away, When

there was a groat noise, and they hoisted the foretop-
mast staysails and then the jib ; but by the time that the

jib was half-up, she was on shore.
Mr. Ripley—When she passed your bows, I suppose
that, if the helm had been put the right way, she would
have gone up the channel ?—Yes ; but I suppose she
got into shallow water, and then she would not answer
Eo soon to the helm. _ _ _

But when she was passing the floating-light, if the
helm had been put apart, she would have answered it ?

—Yes, she would. -
Mr. Cook—How must her helm have been put ?—lt
mutt have been put to the starboard. I heard them say
on board, " Port the helm!" " Hard up with the helm !"
That was after she passed the buoy ? —Yes.
Mr. Ripley.—She was in danger then?—l considered
she was. She was abhore when the jib was got up; but,

_
when the foretopmast staysail was lor.sed, she was not
ashore. lam perfectly satisfied (continued the witness)
that the helm must have been put to the starboard when
she crossed our bows, or she would not have gone to
the N.B.

Mr. Ripley.—When the order was given to port the
helm, where was she?—To the eastward of the light-
ship, nearly abreast of Taylor's buoy.
Do you think she had struck then?—No, not then. She
kept her course to the N.E. till they hoisted the foretop.
mast staysail and shivered the maintopsail, when she
seemed to take off a little; but she did not go very
rapidly, and then I saw the jib go up, when she stuck
fast. After I perceived she was fast, in about ten
minutes she disappeared altogether. The surf was mak-
ing a fair breach right over her.
Mr. Ripley—Do you think the pilot was at any time in
fear of the ship coming in contact a ith the light-shits,
and that the course was altered to avoid that?—l don'
think there was any danger of that. He could have
gone on either side of the light-ship with a N.W. wind.
Mr. Cooke— How was her head when she stuck fast?
—S.W.; but she might have caught the ground before
that.
Did you observe whether there was a sea on the Vic-
toria Bar when she came up?—There was a heavy sea
there at daylight. I cannot say what there was at dark.
You have been at sea a long time?—Yes.
Do you fancy that a man competent to bring a ship
over the bar could have made such a mistake as starboard
for port, at such a critical period?
The Coroner—Oh, he heard the order given to poft
the helm, and it was rot obeyed.
George Grey re-called—There was no order given to
hoist sail till the vessel struck. Then there was an
order to hoist the foretopmast staysail, and afterwards
the jib. Georg e Spencer was at the helm. He was lost.
The last witness says right about the orders given. They,
were, "Hard up with the helm!" and "Port the helm!'
but then the vessel had struck. After she struck I rushed
to the helm, and put it hard up. When we were passing
the light-shik I was forward. The word " Put up the
helm!" might then have been given without my hearing
it. " Hard up!" said the captain and the pilot. It was
hard up when I received it.
Mr. Ripley—When was the course altered? It was
when she got close into the light-ship. She went on
considerably ahead, and then there was a great deal of
noise abroad—cries of " Keep the helm hard up," &c.,
as if some mistake had been made. The ship went
along some time after the hoisting of the sails, but she
was thumping all the time.
Mr. Ripley—lt is clear that the vessel had struck
when the order to port the helm was given.
Mr. Lloyd—Yes.
Mr. Ripley—Now, as a nautical man, Mr. Lloyd, what
is your opinion of the cause of the loss of that vessel ?
do you think it was the fault of the pilot I
could not say it would be the fault of the pilot ; but I
think that the ship might have kept away sooner.
Was she under proper sail ?—She was not under pro-
per sail at the time. She ought to have had her head-
sails on, the topmast staysail at the least.
And if she had had-her head-sails on ?—The ship
would have been more liable to keep away more quickly.
She would have been more manageable ?—Yes, sir.
The sails are always set and taken in by order of the
pilot on board ?—Yes, as soon as a pilot goes on board a
ship it is under his command.
Your light-ship was in its proper position?—Yes,
quite correct.
Lieutenant Lord—And all the buoys were in their
right places? Was there not an American ship passed
at the same time? Witness—Yes, in five minutes after-
wards.
Which way did she return?—Sbe gave the light-ship
plenty of sea room. She did not come on one side of it,
and then lull to the other. She came straight in, and
one course would have taken her the whole way.
George Lewis examined—l was on board the light-
ship at the time the Bencoolen came up. She bore to
the northward of us, with her two topsails set, and the
master said, "She will be sure to go on that way." We
heard shoutings out, and saw the foretopmast staysail
got up, and she shivered her mainsail, and presently she
loosed her jib, but before that was up she was aground.
Ten minutes after she was on her broadside. She passed
us, and came to on account of having no headsail. In
coming through a narrow place like that, she should
have had her head sails set.
Mr. Wm. Lord examined—l am the marine surveyor
to the Dock Trustees, and produce a chart of the dif
ferent channels to the port of Liverpool. I was down
there yesterday afternoon surveying the banks. There
has not been any alteration for the last seven years.
The buoys are in the same positions as they are laid
down in the chart. All the lights are in their proper
positions.
Mr. Ripley—l would ask you, Lieutenant Lord, as a
nautical man, whether the Bencoolen came in under
- proper canvass?—l should have preferred more head
sail on the vessel.
If ohc had had head sail, wnultl oho have answered her
helm better ?—The probability is that she would.
What number of vessels enter the port of Liverpool
through the Victoria channel ?—Last year, 28,861 ves-
sels entered. Since the channel was first opened in
1836, there „have come in and gone out through that
channel, 141,680 vessels. That is pretty good evidence
that the buoys and lights are not bad.
Mr. Cooke.—You have heard the evidence given;
what is your opinion as to the cause of the loss of that
vessel, going as she was six knots an hour, and altering
her position to the N.E. when she should have gone south
and east?—l thought at first that she might have
broached to; but I am now of opinion that the helm has
been put the wrong way.
Mr, Cooke.—Nothing could have brought her into
that position without the helm having been put to star-
board?—l am inclined to think so.
Mr. D. Rowland.—Mr. Ripley, in opening the case,
intimated very distinctly that there was an ulterior object
in conducting the investigation in this way; and at the
same time he made a very broad and strong statement,
involving the general practice of the pilotage establish-
ment of the port. In reference to that statement, I wish
to propose one short question to Lieutenant Lord. Dur-
ing his connexion with the port of Liverpool, I should
like to ask him what is his opinion as to the general
efficiency of the establishment?
Lieutenant Lord—l think, taking the Liverpool pilots
collectively they must be a very skilful set of men ?—I
have no doubt about it ; for it i 5 impossible that so many
vessels could enter and quit the port in safety unless
they were so.
Mr. Ripley—Of course there are exceptions ? Yes,
there are exceptions.
Mr. D. Rowland examined—l am the Secretary of the
Pilots' Committee. Before giving my evidence, permit
me to make a preliminary remark. The Pilots' Com-
mittee, yesterday, on having an intimation from Mr.
Ripley of what would, in all probability, form the cha-
racier of this investigation, instructed me, their secre•
tary, to furnish on this occasion, the fullest and
most complete information that could be given relative to
the pilot who had charge of the Bencoolen. I have accord-
ingly extracted from the books everything in reference to
him. His name was James Greenward Harding. He was
hound apprentice to No. 7 pilot-boat on the 19th of
February, 1827. On the 22d ef June, 1830, he obtained
his license. From that time up to the 16,h of Marsh,
1840, nearly ten years, no complaint against him appears
on the report of the proceedings of the Committee. He
was a particularly sober man. No charge to the con-
trary has on any occasion been brought against him.
On the 16th of March, 1840, he was for the first time
brought before the Pilots' Committee on a complaint of
Pile St. Croix, forgetting the ship Ceres on Iloylake
bank, on the sth of February in that year. The judgment
of the committee on that case was—" James G. Harding
is found to have been wanting in judgment, and is hereby
severely reprimanded, and admonished to be more care •
ful in future." On the 3d of Feb., 1842, he was again
brought before the Pilots' Committee on a complaint of
Captain Jackson, of the barque Jackson, for grounding
the said vessel OR Burbo, on the 80th of January in that
year. The judgment of the committee in that case was
—" That ho should be re• examined by the examining
committee, that that committee should report, and
that in the meanwhile he should leave his license with
the secretary." On the 19th of August, 1e44, having
been reexamined by Messrs. Nickels and Atkinson,
two of the examining committee, he was found fully
qualified, and was recommended tor a full license,
which was granted to him. On the 12th of May,
1845, on a complaint of Holderness and Chilton,
for getting the barque Lady ConstaVe on shore
on Burbo Bank, on the 6th of that month, the
judgment of the committee was—" That his license
should be withdrawn on the score of gross inattention
to the critical position of his vessel, which ought to have
been brought immediately to anchor." On the 23d of
June, 1845, ho petitioned to have his license restored to
him. That was granted; but he was told that if he was
again brought before the committee on a charge of inat-
tention, he would be dismissed the service. Unfortu-
nately for him, he would never again have the opportu-
nity of appearing before them.
A good deal of conversation having taken place,
arising out of the evidence of Mr. Rowland, George Grey
was re-called, and stated that the tiller ropes of the Ben-
coolers were in perfect order, and the ship answered to
the helm very welt
The Coroner briefly summed up, and the jul re-
turned a verdict of accidental death.

LOSS OF THE TRIAL, OF GLASGOW.--A letter has
been received at Lloyd's, from the Admiralty, (nclosing, a
copy of a letter received through the Foreign Office, from
the Portuguese Minister of Foreign Affairs at Lisbon, re-
porting the wreck of the Trial, of Glasgow, on the 13th
ult., near Villa Real de St. Antonio, Monte Video. Crew
saved.

MAIDSTONE FAlR.—This fair was held on Friday
last. The supply of cattle was limited, and the prices ob-
tqined good. Well. fatted beasts sold quickly at Bs. 6d. per
stone ; much cows, large-framad, with a small calf, made
from 121. to 16/.; and lean and stock beasts sold readily.
Good wethers realised 505., and stock lambs 245. a-head.
In the horse market (except among prime young cart horses
adapted for farming purposes) very little trade was trans-
acted, and the best quality made 28 guineas each. Pigs sold
at Bs. Bd., and small porkers averaged 4s. Bd. per stone.
There were several samples of hops offered, but there seemed
but few buyers; some pockets sold as low as 61. per cwt., and
the choicest description reached 8/. 10s. per cwt., and the hop
trade was considered very fiat.

FEMALE SERVANTS' HOME
SOCIETY.

A public meeting of this Society was held at the Hanover-
square Rooms on Monday,
Lord ASHLEY took the chair at two o'clock, and called on
the Rev. Mr. Keane to open the proceedings with prayer.
Lord ASIILEY said he thought it would be unnecessary for
him to trespass long on their time, as all of those present
must be aware of the importance of that Institution. From
the report he had read he was deeply impressedc hat it was of
the greatest importance to the peace, the welfare,
and the honour of every family in the kingdom. In
that he was borne out by a letter from Chel-
tenham, sent him by a gentleman connected with an
instltetion for the same object, which had existed seven
years in that place, with the very best results. He ( Lord Ash-
ley) was aware that young women were exposed to great
dangers in coming up to the metropolis in search of situa-
tions, and were exposed to dangers and difficulties not only
when in that condition, but after they had actually obtained
places, since, from harsh treatment and extreme exactions,
they might in a moment of excitement throw up their situa-
tions and leave themselves friendless in the midst of
society. The police reports gave them too many instances
of the bad results which often issued out of these
casualties. Thei own comfort depended intimately
on the welfare ,of that class of society. After their wives
and children, their comfort depended on no class so much as
on their domestie servants. Great fraud was used in intro-
ducing bad characters into their families. An individual of
respectable appearance would take a lodging at some hotel,
and there would furnish characters suited to the highest
situations, or merely adapted to the humblest menial ser-
vice. It had been found out that so much as a guinea was
the charge for the most common character, but, for those
ascending to the higher flights, the amount exceeded any-
thing they could imagine, sa that vast sums of money were
amassed by these means. At a time when-they were review-
ing their whole social system (and for which he thanked God)
he hoped that a larger share of consideration would be given
to that class of society for whose interests the Society existed.
His Lordship, after sonic more remarks, called oa
The Rev. JOILX BROWN, secretary, to read the report of the
Institution. It appears that 2,000 female servants had used
the advantage of the Society's homes, 4,714 had been regis-
tered free, and 1,580 applications had been made, to the So-
ciety for servants.
J. PAYNE, Esq., moved that the report read should be
adopted. He shortly remarked on the evil effects of the
hasty dismission of servants from situations coming within
his own sphere of observation in corroboration of what
had fallen from the Chairman.
The motion was seconded by the Rev. Mr. DIBDIN.
It was moved by the Rev. Mr. KEANE, and seconded by
the Rev. Mr. PIZEY, that gratitude and praise to Go,'
should be recorded by the meeting for his blessing on the
Society.
The thanks of the meeting were moved to Lord Ashley,
the chairman, by the Rev. S. JONES, which was seconded and
caried unanimously.
His LORDSHIP, in replying, referred the supporters of
the Society to the happy effect which had followed his
efforts. Twelve years ago, he said, out of the thousands
of childrenlfrom six to eight years old, working from twelve
to fifteen hours a day, not one hundred had had one hour's in-
struction, but now thirty thousand of them wrought but six
hours a day, and had three hours of good education.—(Hear,
hear.) He would give them his own rule—first, they ought
to consider whether the cause they took up was good,
and if so to stand by it, though alone, till they grew grey-
headed, arid they would have the happiness to hear, if it
were on their death-bed, of the good resulting from their
labours.—The meeting then separated.

THE BANKRUPT and IN

LAWS.

A large public meeting of merchants, bankers, and traders
in the City of London, was held, at one o'clock on Monday, at
the London Tavern, Bishopsgate-street, to receive a report
of the proceedings of the Committee, appointed on the 27th
of May last, to consider the Small Debts Act and the Act
for the amendment of the Law of Bankruptcy and Insol-
vency, brought into the House of Commons at the cloee of
last session; and to det rmine on the measures to be adopted
with respect thereto.
On the motion of T. BaßraG, Esq., M.P., R. J. MASTER-
MAN, Esq., M.P., was called to the chair, who briefly stated
that he bad been requested to preside, as he had the honour
to represent the City of London in Parliament.
The Secretary, Mr. TRAVERS, read letters from Lord Ash-
burton and Commissioners Goulburn and Fane, regretting
their inability to attend the meeting, and expressive of their
opinion that the present laws were defective, inasmuch as
they afforded the dishonest debtors the means of preventing
their property from being divided amongst their creditors,
and did not afford them sufficient protection, and suggesting
various remedies. Lord Ashburton stated that it had been
his fate to sit on many Committees respecting these laws
with several great lawyers, who appeared to him much more
occupied with views connected with their profession than
those which had reference to the great material and moral
interests of those over whom these laws were practically des-
tined to operate.
The report, after pointing out the hardships to which
creditors were exposed under existing Acts, proceeded to
point out the remedial measures contained in the
Act introduced into the House of Commons last
session under the auspices of Mr. Hawes and Mr. Mastennan.
The object of this Bill is to perfect and extend the Bank-
ruptcy Amendment Act of 1842, the object being to afford
greater facility for bringing insolvent persons into the Court
of Bankruptcy; to obtain additional security against their
property being dishonestly made away with; and to render
exposure and just punishment more certain for those whose
improper conduct shall have deserved them. To accomplish
these objects, improvements are proposed in the first steps in
Bankruptcy, relative to the summons of the debtor, and for the
protection of his, or, rather, of his creditor's property, during
the period which now properly elapses between the day of
appearance before the Court upon the summons and the
completion of the Act of Bankruptcy, and the taking
possession of the property by the messenger under the
fiat. The Committee, aware of the extreme im-
portance of providing against the possibility of abuse
of this power, had endeavoured so to frame the
provision as to preclude reasonable complaint on the part of
the honest debtor. The Bill would alsoempower the Court of
Bankruptcy at any time in its diserAti.ft
suspend its protection from bankrupts and insolvents, and.to
make the withdrawal of such protection compulsory, when-
ever the bankrupt or insolvent shall fail to satisfy
the Court that his bankruptcy or insolvency shall
have arisen otherwise than from fraud, wilful mis-
conduct, extravagance, or gambling, as well as in all those
cases now punishable as felonies or misdemeanours; thus put-
ting the proof of honesty upon the debtor, not throwing the
proof of fraud upon the creditor; the creditor being, by, the
failure of his debtor, the injured party, and the impossibility
of proving fraud being to well known to require expla-
nation. It proposed to give to the assignees, as well as
to individual creditors upon the admission of their claims,
the rights of judgment creditors against the person of
the bankrupt or insolvent, which might be enforced
immediately upon the protection being withdrawn; thus
making the withdrawal of protection a previous step to
punishment at the discretion, not of the Court, but of the
creditor, who then, and then only, may seize his debtor's
person. The Bill provided security also to creditors
against the wasting and loss of the effects of
deceased traders, in default of the appointment of
executors or administrators, and for the distribution thereof
by means of the Court of Bankruptcy after the lapse of a
certain period. It rendered securities by bills of sale, and
mortgages of goods, and personal chattels and effects, in-
operative against creditors unless filed within 21 days after
execution. The Committee were strongly opposed to the
proposition for uniting the Bankruptcy and Insolvent Courts.
They consider that a very different course should be pursued
in the dealing with the insolvency of traders and non-traders,
under which latter description they include that numerous
class of persons who, whether traders whose debts are under
3001., or non-traders, avail themselves of the protection
granted them by the Court of Bankruptcy by the Acts of
1842 and 1844, as it must be borne in mind that the
object of the creditor in making his debtor bank-
rupt is the distribution of his estate among his
creditorsuwly
pAcrocnttits,retcttlioineft;
effects.
Bt Jan) tir,elofifptn
trailersst itcy. nsolvent
heeo nen
passing
;eos,oat,ls,ui\riet,nei
tgoenl not
ansaenfsrd,l
the
multitude
iniitnalsotfni
niosottrn;et
odrcneueeodlrru.
oenrfl
hifterNit,fd,
tea,teeanis,sldeeet
chiefly with the other class. The effect of these two statutes
ua en sat
,ictothoni
appli-
cationsis t o bring
frfrom
intope
persons
s Bankruptcy
hnsed eh
cases ere nearly all of a petty and trivial nature, involving
portahnecien;g,t
individually-,
ievffi
teicutas of
ll
for trifling amounts, and without the slightest hope of a divi-
othrdeitnteahritlLsfehwei
org
nnoil 11,
divi-
dend. From their number alone they occupy a very
u rettoh,
ge
trwrei
inetiei being
arnen,
large portion of the time of the Commissioners, arid
tnohin o avail-
amffih.arlcedi asla
sts4aeestssire
xtepheesenys;es
nafenfd
nothing
therefore,to
wholly borne by the creditors of the bankrupt traders. The
petitions of these small debtors for protection might be dis-
posed of quite as efficiently for them in the Insolvent Court,
and the Court of Bankruptcy reserved for bankruptcy cases
alone. The accounts showed but a small balance in the
hands of the Treasurer.
THOMAS BARING, Esq., in moving the first resolution,
stated that he could bring no arguments from practical ex-
perience to bear upon the question which they had met to
discuss, for it was well knows that hankers and general
merchants had not that every-day experience of the opera-
tion of the bankrupt and insolvent law which was obtained
by those moving in a different sphere of commerce. They
were not certainly free from the disagreeable misfortune -of
bad debts, but the application of those bad debts did
not come so frequently before them as those
engaged in other branches of trade.—(Hear, hear.)
He had stated this because—although he agreed with the
sentiments contained in the report—he did not wish to pledge
himself as to the course he should pursue with resoect to
hose laws until he had had a further elucidation of their
effect upon the public, and of the sentiments of the Legisla-
ture with respect to them. He was saved from entering at
length into the whole bearings of the question by the very
able and comprehensive letters which they had heard read
from those whose experience and official position entitled
their opinions to the greatest respect.—(Hear.) Although the
banker and merchant had not so many opportunities of ob-
serving the effect of those laws as the general trader, yet he
was, nevertheless, as deeply interested in the issue, for every-
thing which rendered one portion of the trade of the country
unsafe must endanger the other
that that question affected the merchantile classes more than
they were inclined to believe. It was a mistaken notion to
, believe that creditors had any wish to oppress their debtors;
as justice could 'he obtained without imposing unnecessary
hardships. He must say, however, that there was
a morbid sensibility created in the minds of
the public, for the hardship which occurred under
the old system of imprisonment for debt, and it was
right that such feelings should be generated, in order that
distress might be alleviated; but that law most be bad, and
an undue advantage to the debtor, arid did not protect the
operate injuriously upon the whole community, which gave
honest creditor from injury and fraud.—(Hear.) The Le-
gislature, in his opinion, had been rather precipitate with
respect to these laws, and the mercantile interests had not
been sufficiently consulted with respect to their operation. He
then instanced the case of New York, in which the law, which
was similar to our own, was abolished about 20 years ago, but
three or four years after an attempt was made to renew it, as
it was found that the new enactments did not give the credi-
tor sufficient control over the property of the debtor; thus
showing, that in every commercial country it was highly in-
cumbent that the creditor as well as the debtor should be
protected. He had a perfect reliance in the opinions of those
by whom the report was prepared, and a knowledge
of his Honourable Friend the Chairman, and his
Honourable Friend the Member for Lambeth (Mr.
Hawes), who had taken charge of the Bill, and he was
perfectly convinced of the necessity of commercial men tak-
ing the matter into their own hands, and with the aid of the
learned profession, devising remedies for the existing laws.
He, therefore, begged to move that this meeting approve of
the report, that it be printed and circulated, and that the com-
mittee be empowered to take such measures as may be ex-
pedient to give practical effect to its recommendation, and
also to raise subscriptions to defray the expenses incident
thereon."
Sir GEORGE LARPENT seconded the motion. He
mid there was a general opinion amongst the mercantile
ulfserr i(sr)Coemfo creditors"

classes that these laws required alteration, and that they
were willing to lend all their aid to further that object.—
(Hear, hear.) It was very easy to be benevolent with other
people's means, and to obtain a character for philaetrophy
for relieving the imprisoned debtor, whilst the unfortunate
creditor might be suffering in obscurity. He admitted that
a different mode of legislation was necessary before the pre-
sent laws were passed, but the great and main ooject was not to
give an unfair advantage to either party,but to obtain an equal
distribution of the property of the debtor amongst his credit-
ors, and to compel them to give a guarantee for the payment
of a portion of their future proceeds to their creditors before
obtaining their final discharge. No little consideration was
giyen to creditors who might perhaps suffer from the altera-
tion of tariffs, which might reduce the value of articles in
which they had wisely speculated. They cught to give every
party the facility of coming forward and to devote as much of his
assets as possible to the benefit of his creditors, and protect him
from the operation of vindictive or malicious feelings. These
laws should take especial care that the honest debtor was
dealt justly with, and that the dishonest debtor should be
punished.—(Hear' hear.) The language of the Learned
Commissioners of Bankruptcy was even stronger than the
language they had used.
Mr. MITCHELL, M.P., expressed his entire concurrence in
the opinions which had just been expressed by the previous
speakers. He would state an instance within his own ex-
perience. He had in one case been offered a composition of
2s. in the pound, which he had refused, because he thought
no honest man ought 'o offer so small a composition. He had
caused the individual to be made a bankrupt, but the
result was, that instead of obtaining any assets, he had had
to pay 301. towards the expenses. He thought the law of
debtor and creditor had not been sufficiently felt, and he
conceived that the measure of Lord Brougham had been
a crude, imperfect measure, worthy of its author. Tn his
opinion the commercial greatness of this- country was owin to
the good faith which was observed in its trading transactions.
He had seen something of the trade of France, and the con-
sequence of the bad faith observed in that country led to a
great,, restriction of the dealing there. He thought that
every one who became insolvent was bound to show how he
became so, and in all cases of fraud that a power of punisla-
ment should be placed in the hands of an impartial tribunal,
and he should therefore with great pleasure propose the fol-
lowing resolution :—" That the laws affecting the relations of
debtor and creditor are of vital importance to the well being
of the mercantile community, and deserve the serious atten-
tion of the Legislature. That the present laws relating to
bankruptcy and in,olvency in this country are unsatistsctery
and injurious, neither protecting the estate of the really un-
- fortunste. debtor from wasteful costs and unnecessary delays
nor affording prompt and efficient means of coercing the
. reckless or fraudahnt trader, whereby a most mischievous
influence is exercised over the commercial character of this
country."

Mr. B. HAWES, M.P., rose with great pleasure to second
the resolution as proposed by his Hon. Friend, the Member
for Bridport. When Lord Campbell, about ten years ago,
brought his Bill into Parliament tO abolish arrest on mesne
process, he had done him the honour to consult him on its
details, and to place his name on the back of the Bill, and he
could assure the meeting that it was never intended to de•
prive the crediior of the power of punishing a fraudulent
debtor. Let it rot be said that this was any attempt
to return to the old system of imprisonment for debt,
for it was nothing of the kind. But their objet
was to remedy a great and acknowledged • evil.
and that was to render the confidence between
the several members of a trading community as certain as
possible, for on what, in fact, was that confidence based ?
Why on this fact—that whereVer credit was given, it was
only, in truth, the transfer of capital from the hands of the
proprietor to the hands of another for the advantage of both
parties ; and were this confidence then broken down, there
would be a great impediment imposed upon that interchange
of commodities which was the very vitality of trade. At
the close of the last session, a Bill had been brought into
the House of Commons, with the consent of the Minister, not
with any vies to carry it into a law, but with the intention
to circulate it through the country, and obtain the opinion of
mercantile men in different parts of the country, add he
might say that in all the numerous communications which
they had received they had met with no objection from
practical men of any moment whatever. They had found
the most ready co-operation, and among other individuals
they had obtained the approbation of the Learned Solicitor-
General whose high legal authority was so well known, and
whose present high position gave additional weight to that
authority, and though he could not commie that high func-
tionary to any part of the Bill, but still he might say that
that gentleman had expressed his approval of the several
provisions of the Bill. Now the object was to obtain the
sanction of the Legislature and obtain a permanent Act,- and
having these grounds to stand upon, he (Mr. Hawes) felt
assured that if the Hon. Chairman and himself were
empowered to carry the Bill into the House of Commons they
would experience little, if any, opposition in that assembly.
One of the chief objects of this Bill was to throw the onus
probandi upon the party who ought always to have borne it
—the debtor who failed to fulfil his engagements. It was
well known that, as at present constituted, there was the ut-
most difficulty of reaching a case of fraud. There might be
matter for suspicion nay, almost a certainty—that .the
deepest villany had been committed, and yet there was no
means whatever of arriving at the truth. For his own part,
he would be one of the last individuals in the world to visit
any man's misfortune with harshness, but he did feel that it
had become necessary to take some active steps for the
amendment of the bankruptcy and insolvency laws, and he
should, therefore, readily second the resolution which had
just been submitted to the meeting.
The resolution was carried unanimously.
Mr ELLIOTT, in proposing the third resolution, after some
observations respecting the necessity of supporting the good
faith of the trading community, asserted his opinion that,
without an efficient bankruptcy law, the middle classes of
the community must be destroyed. He had looked deeply
into the matter, and it was his decided opinion that the
injury imposed upon the solvent portion of the population by
those who failed in their engagements was equal to the
whole taxation of the country. Indeed, he was sure that
this loss was not less than 50,0007., and if they failed to carry
out this object, out of either carelessness or a f1iva.3.,,...t.L.
tion for the feelings of the debtor, they would only have to
carry their philanthropby another step further, and legalise
the circulation of forged bills of exchange. With these i-npres-
_slownhs.hbeimu,T,gletaintigly narcoceppostetthieipprreosvoliositoinons toefththeen Billieet
intro-
duced into Parliament last session by Mr. Masterrnan, M.P.,
meeting
and Mr. Hawes, M.P., as an important amendment of the
present law, which it is desirable to obtain at once; but this
meeting is aware of the necessity of further legislative provi-
sions affecting credit and its protection; and is of opinion
that a Government Commission, composed of practical and
experienced merchants and traders, to inquire into their pre-
sent condition and effects, would be attended with the most
beneficial results."
Mr. GROCOCK briefly eeconded the resolution, which was
immediately.carried without any dissent.
Mr. HAYWARD, in stating that the business of the meeting
was drawing to a close, expressed his complete concurrence
in the proceedings of the Committee. With great pleasure,
therefore, he would propose "the thanks of the meeting to the
gentleman who had so ably presided over them on the present
occasion, and that John Masterman, Esq., and B. Hawes,
Esq., M.P.,
be requested to introduce the Bill to the Legis-
lature, and take charge of it in the House of Commons."
Mr. NICHOLSON seconded the resolution, which was unani-
mously adopted.
Mr. MASTERMAN returned thanks; and, after several sub-
scriptions bad been handed in, towards defraying the necessary
expenses, the meeting separated.

THE WHITEH A YEN and FURNESS

RAILWAY.

The first half-yearly meeting of the proprietors of this Company
was held at one o'clock yesterday, at the offices of the Company,
No. 1, Guildhall Chamber* Lord Lonsdale in the chair.
The seal of the Company having been affixed to the register of
proprietors,
The SECRETARY read the report, which stated that the directors
had applied to Parliament for power to extend their
through Furness to Ulverstone and Lancaster, which had been
surveyed by Mr. George Stephenson, and was in their
opinion superior to an opposition project, entitled the " Ulverstone,
Furness, Lancaster, and Cerllsle Railway," which was laid before
Parliament, and had been projected under the auspices of parties
deeply interested in the Lancaster and Carisle Railway, but the di-
rectors It'haer.,l,iacmaeantdt would
thatgive
a
inasmuch u
it was the best adapted to the wants of the district through
which it was designed to pass ; that it would facilitate a large
preference had theto thet utmostlt ace
local traffic, and form the connecting link of a great coast line,
economical in construction and working expenses, and practicable.at
all seasons of the year. They had abandoned the intention of carrying
the line direct across Morecombe Bay, and had adopted a slightly cir-
cuitous route along the head of the Bay, in order to obviate the ob-
jections which might have been raised by the Admiralty against a
direct line. Notwithstanding this, it would be more than eight
miles shorter than the opposition line between Ulverstone and
Lancaster, would have better curves and gradients, and would be
constructed at mach less expense. 450,0001., the amount of the ca-
pital, would be amply sufficient for the construction of the extension
line.
An arrangement has been made with the Furness Railway Cons-.
pany respecting that portion of the line between Dalton and Ulver-
stone, which will be mutually beneficial to both Companies.
The directors had also applied for an Act to enable them to extend
their original line from the terminus at Whitehaven to a junction
with the Whitehaven and Maryport line. That Bill also con-
tained powers for a short deviation from the main line
near Kirksanton. All the Parliamentary requisites with
regard to the extension, had been complied with. Nearly the whole of
;he line was staked out, and a contract had been entered into for the
construction of the line, some part of the line had been purehased,
and they had reason to believe that in a very short time the cos:-
tractor would be put into possession of sufficient length of land to
enable him to commence actual operations. The accounts showed a
balance of 4,9581. Bs. sd. In favour of the Company on the 31st of De-
cember, after paying engineering, surveying, and legal expenses,
The CHAIRMAN said, as the report embraced every point of in-
teresteltwesild be unnecessary fOr Him to address them at any length.
He was aware that there might be some disappointment felt
at the slow progress of the works, but this was owing
to peculiar circumstances, over which he had no con-
trol. They all knew that during the last autumn
there was a great scarcity of •engineers and surveyors. It was true
that they had appointed two gentlemen in whom they could place
the utmost confidence, but they had been so much occupied in the
extension line, as not to have been able to give all the attention to
the original line which it required. All the plans and sections of the
extension line had been prepared: He believed they were perfect,
and that she Bill would pass through the Standing Orders' Committee ;
and as it offered more advantages to the locality, they had ever:s-
hone that it would meet with the sanction of Parliament. ,It would
facilitate communication with the west of Yorkshire, the north of
England and Scotland, and reduce the distance betweErt the metro-
polis and BelfaSt.
After a short discussion the report was adopted, and ordered to be
circulated amongst the shareholders.
A vote of thanks to the Chaim-lan and directors was passed, and
Lord Lonsdale having retuned thanks, the meeting separated. • -

BLA•CK WALL RAILWAY.
ellng the
The first half-yearly meeting of the proprietors of the Blackwell
Extension Railway was held, at twelve o'clock on Ttt4sda.l-, at the
London Tavern.
A great number of proprietors were present. J. M. Darnell in the
gasa mmaatdhel gseP•el nth ecsoemopfandoyn,s
chair.
proTphr:Lntyleeotfitaigmwal ,hefoßritaehek,pruarup
The report, which was read by the secretary, Mr. Kennel!, stated
that the original design of the promoters of this Company wa4, that
the line should form a part of the London and Blackwell Railway.
In conformity with this design, the shares in the capital were allott,,l
amongst the proprietors of the Blackwell Railway, by which meal is
an union between the two Companies has already been establishc,%
and it only remains to ratify that union in the wanner directed by
the provisions of the Act of Parliament. The accounts showed a
balance of 17,999/. 7s. 9d.
A resolution assenting to the agreement, on the understanding
that one share in the extension should represent three in the original
line, was adopted.
• The eighth half-yearly meeting of the directors and shareholders of
the Blackwell Railway was then held, Mr. Darnell also prest ling.
The report set forth that the result of the half-year enabled
the directors to congratulate the shareholders on the prospects of the
undertaking. The net profits of the past year had exceeded those of
the previous year by upwards of 4,3001„ so that the dividend which
they would declare would be Is. ltd. per share more than that for,
merly declared. The passenger returns showed a falling off in num-
bers during the past half-year, but that falling off was almost con-
fined to the new traffic ; but there had been an increase in the re-
ceipts from the stations, or business traffic of the line. Annual and
season tickets had been issued since the commencement of the year.
Two Bills for railways were before Parliament ; one was the London
and South Essex, and the other, the East and West India Dock and.
Birmingham Junction Railway. The last, passing through the
."densely populated subu, bs, Camden-town, Islington, Holloway, and
Hackney, is intended to join the Blackvvall Railway near the West
India Dock station, and will thus give great facilities to the inhabi-
tants of those districts for communicating with the City and the
river. The London and South Essex Railway i 3 intended to join
the Blackwell Railway at Stepney, and there call be no doubt that
a large additional traffic must by this' means be obtained. Inde-
pendently of the different populous localities ht the vicinity of the
metropolis which would seek this channel of communication, this
route between Gravesend and the City will be the shortest and most