The Sun.
London, England, 1846-04-11 00:00:00

APRIL 11, 1846.

instructions should be given to the police magistrates to
make a private communication to the governor on the
committal of any prisoner whols insane, or suspected to
be of insane mind, or inclined to commit suicide.—l am,
Sir, &c., " S. M. PHILIAPPS.
" C. P. Allen, Esq."
THE :POWER OF COMMITTAL BY THE CORONERS.

The report alluded' to the power of committal by
coroners, which had been a matter of dispute between
hem and the Court for some time.
Thomas Wakley, Esq , one of the Coroners of this
county. having, on the 2d ult., committed a prisoner,
charged before him with murder, to this prison, to be
subsequently taken before an adjourned inquce t to be
held by him, and the visitingjustices entertaining doubts
of the coroner's power to make such a commitment,
they caused a letter (of which they lay a copy before the
Court) to be addressed, on the 10th ult., to the Seere-
ttiry of State for the Home Department, on the sub-
ject; in reply whereto they have received from the
Home-Office the accompanying letter, dated the 25th ult.
In consequence of the opinion of the law officers of the
Crown, as conveyed in the last-mentioned letter, and con-
firmatory of the judgment they had previously ex-
pressed, the visiting justices have instructed the
governor of the prison not to rective into his custody
prisoners committed by a coroner, in any other manner
than to be " discharged by slue 'Course of law," and they
have also transmitted to Mr. Wakley a copy of their
letter of the 10th ultimo to the Secretary of State, and
of the reply thereto from the Home-office, and acquaintec
him with the directions they have gi, en to the governor
and they trust that this topic of long and irritating con-
troversy will never be henceforth revived.
" Carlisle-street, Soho, 10th March, 1846.
" Sir,—l am directed by the visiting justices of the
House of Correction, at Westminster, to transmit you
the enclosed copy of a warrant i sued by Thomas
Wakley, Esq., one of the coroners for Middlesex, to the
governor of that prison, requiring him to receive, 'and
under which he accordingly received, the body of Mary
Ann Martha Hicks, charged with wilful murder, and to
keep her in his custody until the 9ilr instant, and then
to take her before the coroner and his adjourned inquest.
The visiting justices have been informed that the pri-
soner had been previously sent by the coroner to New-
gate, and there refused.
"To the visiting justices it appears to be doubtful

whether a coroner'has, by law, the right of committing
a prisoner charged before him to custody, for the pur-
pose of ' securing his or her presence before him and his
inquest,' and that he has only the power, either as a
conservator of the peace without holding an inquest, or
as coriiner after the verdict of an inquest, of committing
a person charged before him, or against whom -a verdict
may have been returned (as the case may be), to prison,
until, discharged by due courte of law), and
which opinion is confirmed by a pamphlet lately
published on the subject. by David Jardine,
Esq., one of the metropolitan police magis-
trates. •The visiting justices are anxious on
the one hand to protect the governor of their prison, and
(In the other hand to take care that due obedience be
paid to the warrant of a coroner, and they are therefore
desirous of b"ing favoured with your opinion, or with
that of the law officers of the Crown, as to the legality of
a commitment by a coroner of a prisoner for the pur-
pose of securing his or her presence at an adjourned
inquest. They are encouraged to make this request by
their knowledge that the subject has been brought under
the consideration of your office, and by their conviction
that the law should not remain doubtful, but should be
settled either by a jeicial determination or a legislative
enactment.—l have the honour, &c.

(Signed)

" C. P. ALLEN,
" Clerk to the Visiting Justices.
" The Right lion. Sir J. Graham, Bart."
" Whitehall. March 25, 1846.

" Gentlemen,—r am directed by Secretary Sir James
Graham to acknowlodge the receipt of your clerk's letter,
dated the 10th inst., inclosing a copy of a warrant of Mr.
Wakley, one of the coroners for Middlesex, for the com-
mittal of a person charged before him with murder, and
requesting that the warrant might be laid before the law
officers of the Crown, and their opinion asked as to the'
power of the c(Toner to require the gaoler to receive into
his custody, and bring before him at an adjourned in-
quest, the person so charged. And lam to inform you,
the law officers are of opinion that such committal can-
not legally be for safe custody for the purpose of bring-
ing the party before the inquest, but only until the
party shall be discharged by due course of law ; I am
further to suggest that it may be proper to give notice
to the coto.ner before you act upon the information here
communieWed to you. I have, &c.,
" S. M. PHILLIPPS.
"To the T,lsiting Justices of the House
of Corvection, Westminster."
The report: ,was received.
JUVENILE OFFENDERS.

The CHAT TatiA.k laid before the Court a memorial
from the con. tmittee of the Philanthropic Society for
the Reformatic, xt of Juvenile Offenders. [This document
has already appottred in our columns.] He said that
the subject was ors e of infinite magnitude, and no time
which they cot Ail command would be lost, if de-
voted to the con sideration of this important branch
of'criminal jurisp, ludence.—(Hear, hear.) It was diffi-
cult beyond concem ion to take up the subject, and still
more difficult to sug est a practicable plan for the attain-
ment of the object they bad all so much at heart.
The justices of that e minty had, however, overcome di-
fficulties in respect to pt ison discipline, and the treatment
of the insane, which t firit sight app.ared insuperable,
and that induced him ,strongly to desire that they
would take up this yet t n '-re important subject in all its
amplitude. As had bt at .n done in another quarter,
he suggested that that 0 curt should also do—namely,
apPolnt a committee to imp tire into the whole subject. It
would not stultify the Con. rt, and they would have the
benefit of the combined ex:o erience and wisdom of gen-
tlemen, many of whom had devoted their lives to the
amelioration of the conditit 'II of their fellow-crea-
tures.—(Hear. hear, and chee rs.) In his opinion the
present system of dealing wit h offending children was
a most expensive way of brit Ring them •up in vice,
and he had an ardent hope ts'-tat the philanthropy of ,
the age would yet succeed in de vising an ameliorative
system of treatment for these poor children. He con-
cluded by moving that the memorial be referred to a
committee to inquire and report to the Court respecting
the best mode of checking the growth of juvenile crime,
and promoting the reformation ofjuveilile offenders.
Mr. WILKS seconded the motion, bu.t thought that it
was a matter in which Government alone could efficiently
interfere.

The motion was then agreed to nem. con.
A numerous committee was then named.
The Court, after transacting some further routine busi.
nets, adjourned.

WINDING-UP OF RAILWAY
SCHEMES.

CLAUSE PROPOSED BY MR. HUDSON TO BE INSERTED
IN ALL RAILWAY BILLS OF THE PRESENT SESSION
BY WHICH NEW COMPANIES ARE TO BE INCORPO-

RATED.

• And be it enacted that the directors shall, within
three months of the passing of this Act, cause the
names and addition of all the several corporations and
persons entitled to shares in the company, to be entered
in the " Register of the Shareholders," directed to be
kept by " the Companies Clauses Consolidation Act,
1845 ;" and the said directors shall cause an extra.
ordinary meeting of the shareholders in the com-
pany to be called within six months from the pass-
ing of th's Act, for the purpose of consider-
ing and determining whether the company shall proceed
in the execution of the powers of this Act, or whettier
such company shall be forthwith dissolved ; and it
shall be lawful for such meeting so called, at which
three-fifths it least of the shareholders shall be present
either personally or by proxy, to determine either that the
company shall proceed in the execution of the powers of
this Act, or that the company shall be forthwith dissolved;
provided that before such meeting be called, it shall not be
lawful for the company or the directors to put in force any
of the powers of this Act relative to the taking or
using of land; and in case such ineeiing so called shall
determine that the company be forth with dissolved, the
company shall be thereupon forthwith dissolved accord-
,lngly, except for the purpose of winding up the affairs
th.ereof as hereinafter mentioned; and thenceforth all the
pew, scrs of this Act with relation to the taking or using of
land, or otherwise, shall absolutely cease and determine
anyth ,ing herein contained to the contrary notwithstand.
ing (s e.btact, and without prejudice to all existing debts,
liabilit. Ts, or agreements contracted or entered into by
the coms,pany, and subject! to the provisions hereinafter
containsstl); and the directors, after. full payment and
satisfactie,'n, in the first instance, of all the debts, liabi-
lities, anal agreements contracted or entered into by the
company, and of such compensation as hereby provided,
shall divid e the residue or surplus of the moneys and
effects of or belonging to the said company, rateably
among the shareholders in the said company in propor-
tion to the ir respective int"rests therein ; provided ne-
vertheless ,that the company shall make full compensa-
tion to all owners, lessees, and occupiers of land and
others, it-lithe same manner as is herein provided in cases
of compensati on for land required for the purposes of
this Act, for all loss, damage, costs, charges, and ex-
penses, which they may respectively have sustained or
been put unto • in consequence of the proceedings of the
company in obtaining this Act, or under any powers
thereof ; the at ueunt to be ascertained, in case of dis-
pute, by the ver, 'list of a jury, or by reference to arbitra-
tion, as hereinbe lore provided in other cases of disputed
compensation ; a ed all corporations and persons to or
with whom such debts, liabilities, or agreements shall
have been contrac '.Qd or entered into, or who shall be
entitled to any such compensation as aforesaid,
shall, notwithstandiltsg the determination of such
meeting, have such and the same rights and
remedies against the said company for the recovery
and enforcement thereot' rssptetieely, as they would
have had if no such meeting had taken place, and as if
the company had continued to exist. And be it further
eacted, that if the directors shall not within four months
from the passing of this Act, cause due notice of such
extraordinary !sleeting to be given, it shall be lawful
for any six or more of the persons entitled to shares
in the said undertaking, holding in the whole shares
or stock to the amount of at least 5,0001, to cull
such meeting by notice, signed by such shareholders,
and published in the manner required by this
Act, with regard to extraordinary meetings of the Com-

PRICE SD,

pony, and the proceedings of the meeting so called by
such shareholders, at which three-fifths at least of the
shareholders shall be present, either personally or by
proxy, shall be• as valid, and shall have the same force
and effect as if such meeting had been duly called- by
the directors ; and for the purpose of winding up the
affairs of the said company, in case such !riveting shall
determine' on the dissolution thereof, it shall 'he lawful
for such meeting to appoint a Committee, consisting 01
such number of persons us they shall think fit, being
shareholders in the company ; and the directors shill
forthwith transfer to such committee all documents,
books, papers, and accounts of or belonging to the
company, and shall also trausfer to such committee
all moneys, security for- money, and other effects
and property of or belonging to the company ; and
snch committee, or the survivors of survivor thereof, shall
forthwith proceed to wind up the affairs of the company.
and shall, in the first place, convert into money • etch
of the effects as shill not consist of money, and pay and
discharge all the debts, contracts, and liabilities of the
company, and subject thereto, and to the necessary ex-
penses of such committee in the execution of their power,.
the surplus of the said moneys shall be forthwith divided
by such committee rateably amongst the shareholders
in :he company in proportion to their respective
interests' therein ; and in the event of the directors
refusing or neglecting to transfer to any such committee
documents, books, papers, and accounts, moneys, and
other property and effects of the company, within ten
days after demand, in writing, signed by such com-
mittee, or the survivors or survivor of them, and
delivered to any one of such directors, or left at hi,
last or usual place of abode, it shall be lawful for
such committee, or the survivors or survivor of
them, to pass a resolution that such company is
desirous but to wind up its affairs ; and upon a copy of
such resolution, signed by any one or more of such
committee, being filed in the office of the Lord Chancel-
lor's secretary of bankeupts, every such company shall
be deemed to have committed an act of bankruptcy at the
time of filing the copy of such resolution, and thereupon
such proceedings shall be had and taken for the purpose
of winding up the affairs of the said company as are di-
rected in and by an Act passed in the eighth year of the
reign of her present Majesty, in tituled, " An Act for faci-
litating the winding up the affairs of Joint-Stock Com-
panies unable to meet their pecuniary engagements," in
the case of any of the acts of bankruptcy therein mentioned
being committed by the companies therein referred to ;
provided that notice shall be given by the directors or such
committee as aforesaid, if appointed, of the determination
of such meeting of shareholders, to be called as aforesaid,
with reference to the proceeding in the execution of the
powers of this Act, or the dissolution of the company, in
the London Gazette, and in one or more newspapers of each
county, in which the lands proposed to be affected by
this Act shall lie, within fourteen days from the holding
of such meeting; and at any such meeting to be held as
aforesaid, the voting shat take place in the manner
prescribed in the " Companies Clauses Consolidation
Act, 1845," with reference to meetings of shareholders
therein referred to.

EXTRAORDINARY HIGH FLOOD
AT DONCASTER.
(Abridged from the Doncaster Gazette.)
That very sage and highly-venerated personage,
"the oldest inhabitant," possesses, amid the rich stores
of his memory, no recollection of a greater flood than
that with which the banks of the Don have been visited
during the present week ; not even that of '24, when
a vessel was forced by the current out of the river, and
placed across the very unnatural turnpike road, beyond
the Mill Bridge. This will be found to be the case
when the better drainage, and the more elevated
position of the roads, are taken into the estimate. A
considerable quantity of rain fell during Friday last.
On the following afternoon, there was a very heavy
fall of sleet, with a piercing wind blowing from the
east. Indeed, from that time to Wednesday morn
ing, the rain scarcely ceased; and at intervals the
wind veered and blew a regular north-wester, not with
steadiness, but with sudden gusts and extremely cold.
Many indications were presented, from the chillness of
the atmosphere—the heavy masses of clouds, and the
want of even one struggling sun-gleam—that serious
consequences might possibly ensue, with regard to the
prevalence of floods ; especially if, as seems to have
been the case, the weather on the moors of Derbyshire
and the intervening locality should partake of the same
portenteous character.
The river began to rise during the night of Saturday
and the following day, so as to present the certainty that
the navigation would be stopped. The stream roe,
higher and higher, and at length overflowed both its
banks, and presetting, in some localities, the appearance
of immense weirs, speedily laid the adjoining lands under
a sheet of water—higher and higher still, until reaching
where the water had nt-ver- before reached, it was
evident that the highest flood ever known was about to
be experienced, with all its unavoidable, and, in many
instances, lamentable consequences. Thousands of acres
were covered to a very considerable depth. Indeed, the
sight presented from the top of the tower of the parish
church, was that of an immense inland sea ; awakening
the apprehension that the cultivators of the soil, along
the line of country in question, would have to endure
the troubles of a heavy, but unavoidable visitation. The
waters still continued to increase on Monday, when the
rain poured down in torrents, and reached their highest
point between twelve and one o'clock on Tuesday.
The flood worked its course through all opposing
obstacles. It tore itself through hedges, and gates, and
palings ; threw back the increasing streams from old
drains and water-courses ; 'swilled itself over opposing
eminences of the ground, chafed and fretful ; roared
throt.gh bridges and culverts ; stopped water-wheels,
mill-wheels, and steam engines—factory, corn mill, and
foundry, and all their multifarious operations ; rushed
into the cellars of dwelling-houses, and crept up-
stairs to the house apartments ; dashed clean through
others ; stole into back yards, finding all the nooks
and corners of coal-holes and all descriptions of
out-buildings, stables, cow-houses, hen-roosts, and
so on ; filled saw-pits to the brim, and set timber-trees,
planks, and battens afloat ; found its way into village
lanes and by-roads and stapped up all communication
in that direction ; spread over meadow, pasture, and
corn-field ; drowned hares, rabbits, and partridges ;
plunged through sewer-grates and gushed up from
others ; worked its way through earth• bank, and stone-
wall ; and, while it found some repose in quiet gardens
and near stone fences, the main flood hurried onwards
as if impatient to find a resting- place, or lose itself in
the tidal waters, and finally in the sea itself.

We are sorry to state, that, during the prevalence of
. the flood. the occurrence of a fatal casualty took place.
The sufferer is a man of the name of John Ellis, a
skinner, who resided in the yard near Mr. Geo. Armi-
tage's steam corn-mill, near the Mill-bridge, and occupied
some premises, a portion of the old maltkiln, which
abuts upon, and has steps connected with, the river,
for the purpose of his trade. He was last seen
shortly before seven o'clock on Monday evening, pro-
ceeding towhrds a door connected with the premises just
mentioned. It is presumed, that, in attempting to open
this door, or to accomplish some purpose connected with
the building, his foot gave way, that he slipped into the
river, and was hurried away and drowned in the over-
whelming impetuosity of the current. He has left a
widow and large family ; but the latter are nearly all
grown up. lie was an industrious, a careful, and an
honest man ; and his unhappy fate is much commiserated.
The body has not been found, and, probably, never will.
We have already stated that the flood reached its
highest point soon after noon on Tuesday. At half-past
five o'clock on the following morning, it had only fallen
two inches, although indications soon afterwards pre-
sented themselves that it would gradually subside.
It is to be feared, hewever, that many injuries have
been inflicted in some localities, and that we shall have
to record their occurrence, particularly in the districts
which embrace the lower lands down the river, in the
neighbourhood of Barmby I)un, Staiuforth, Fishlake,
Fenwick, Moss, and in other places.
EAST RETFORD.
Since last July the seasons generally have been more
than usually dry, so that in many places water had be-
come exceedingly scarce, the springs have seldom been
known so low, and in many instances it became difficult
for the agriculturist to get his seed into the ground
either on clay or sandy soils. At length this state of
things has been put a stop to, and we have, in this dis-
trict, at least, suddenly verged into the opposite ex-
treme. The barometer which had gradually been sink-
ing gave indication of the approaching change, and on
Thursday last about noon, the rain began to descend,
and continued without intermission the whole of the day
and night. Next morning it literally passed down, and
throughout the day until about five o'clock on Saturday
morning, when it ceased. At two p.m., however, it com-
menced to rain and snow, and kept at it in right good
earnest until midnight. During Sunday we had much
rain at intervals, and on Monday it rained again the
greater part ofthe day, keeping the game up all Monday
night and the greater part of Tuesday. The conse-
quence of this was, as might have been expected, an im-
mense overflow of the River Idle, and its tributary
streams, which, in its course, has inundated many
thousands of acres, and been serious destruction of
property, and it is to be feared in some instances
fatal to human and animal life. On Sunday and Mon-
day morning many of the lower lands were seen gradually
covering, and during the night of Monday the cars of
Retford on the west side of the river were quite deluged.
In this state they remained for several hours, but it was
evident from the continued accumulation of water, that
the east, or town side, must share the same fate ; and
much anxiety was evinced to ascertain whether the em-
bankment, made at the recent enclosure for the pre-
vention of floods, would be a sufficient barrier. At the
noon of Tuesday the water had risen nearly to the sum-
mit of the bank, and shortly afterwards it found its way
over the lower parts, and at two P.M. it came over gene-
rally, so that before five, many of the gardens were from
three to four feet deep, and a great number of dwelling-
houses
dfloor
rendered totally uninhabitable by the groteurn
being from one to two and three feet
the tradespeople
anxiety was manifested by many of
into
the
its way
must of necessity get into
awdeaspeopGiereoant
T Tuesday smd,:ryk eveningl)lmarket-place,
ee, tahnadt
itfhesow, findaitterwould
From three to ten
t and continued to
t o'clockc cellars, atrhse, warehouses,
wa
tera rose
Wedne d y) when
period( of s a
they were at the height. At
aboutt • our writing
rise until one o'clock thinsaenamdrOlyrsnthahionepfgoos.
inches, with
(10 A.M.) the flood has declined