The Sun.
London, England, 1848-10-30 00:00:00

No. 17,502.] LONDON, MONDAY EVENING

IDLAND It AIL WAY.
IJI Newby Park, Oct. 24, 1848.
Sir,—On behalf of the Directors of the Midland Railway Com-
pany, I am requested to acknowledge the receipt of an Address from
a number of Shareholders resident in Liverpool and the neighbour-
hood which you have transmitted to them.
The Directors would have been content merely to acknowledge
the receipt of the Address, had it not contained an imputation upon
them, which they cannot pas; over in silence. The Shareholders
commence their address by ascribing the depression of their pro-
perty to " the want of public confidence in the integrity of the ma-
nagement." The Directors, therefore, desire that you will immedi-
ately furnish them with a list of the specific charges involved in this
statement, in order that they may convene a Special Meeting of the
Company, and have the opportunity of refuting the accusation thus
brought against the integrity of a body of gentlemen who feel that
they stand as high in the estimation of the public at large as the in-
dividuala who have appended their names to this calumnious docu-
ment, which comes with a peculiarly bad grace from a body of Share-
holders who, prior to the appointment of the present Directors, were
only receiving a two-and-a-half per cent. dividend. Since that time
the di►idends have been increased to six and seven per cent.
In the meantime I may be allowed to offer to you, as one of the
Shareholders who have signed the address, a few remarks upon the
several suggestions contained in it.
I. You call spon the Directors to close the capital account. No
person is more fully aware titan yourself that the shareholders have
had the power of passing a vote to that effect at any half-yearly
meeting. But supposing the development of a new traffic, producing
a revenue of 20,0001. or 30,000/. per annum, should require an out-
lay of 60,0001., how absurd it would be to say that such outlay oaght
to be taken out of income.

2. You call upon the Directors to examine and pay all outstanding
adcounts of the solicitors. These accounts are now undergoing a strict
examination, and as soon as the solicitors are satisfied to accept the
amount the Directors think due to them, their bills will be paid.
But surely this is a matter which must be left to the discretion of
the Directors ; had they given way to the pressure of the Pro-
prietors when they were urged to settle the demands of the contrac-
tors, they might have sacrificed a very large sum for the sake of an
immediate settlement. They succeeded in making great reductions,
and so much was saved to the Company. The claims of the con-
tractors amounted to 89,5771., and were finally liquidated for
17,7231. lie. 7d. :Your objection to any further Parliamentary ex-
penses being incurred, without the sanction of the Shareholders, is
futi'e ; it is clear that no Parliamentary expenses of any importance
can be incurred without such sanction.

3. You call for a reduction of the salaries of our engineers. We
have only one engineer employed upon the lines, and, considering
the abilities of that gentleman, the Directors do not think him •ver-

Pald•
4. You recraire that stations Shall not he enlarged. Should traffic
increase, how is it te be conducted without increased accommoda-
tion? If the Shareholders think the Directors incompetent te decide
aeon matters of this kind, they hat much better remove them, and
appoint others iti whom they have greater confidance.
3. The Directors are called upon to enter ints no further contracts.
ft must have escaped your recollection that at the last half-yearly
meeting I gave an assurance that the Directors did not intend to
engage in nay further contracts.
6. Toe allude to traffic which yon do not consider remunerative to
the Company. The Directsrs are_ entitled to Ask you to be more

explicit, and to state specifically what traffic is meant.
7. You think the number of trains ought to be reduced. This is a
question which must be left to the judgment of the Directors ; for
nothing can be more difficult than to determine, from time to time,
what trains ought to be run. I consider it would be an unwise and
impolitic measure to take off the express train, which you suggest
should be done.
8. The alteration you propose in the mode of appointing Directors
would require a new Act of Parliament.
9. Yon ask the Directors to purchase all stores by public contract.
I have no doubt you are aware that this is generally done, but it not
unfrequently happens that the Directors can purchase articles in the
market much below the contract price, and when they can do so they
often avail themselves of the opportunity.
I have now answered or commented upon every point of-the ad-
dress, except that which relates to the depreciation of the value of
shares, with which the Directors feel that they have little or nothing
to do. Their duty is to obtain all the traffic they can, and to pay
the Shareholders good. dividends.
The address you have sent is signed by seventy Shareholders, this
is a small proportion of the en'ire number. which exceeds 8,000.
You are a holder of capital stack in the company to the amount of
3501., and you describe yourself in the address as a broker. From
your experience in that business, I have no doubt you are well wile
to inform the public how the old railway stock of this company has
become so much depreciated;
In my position as Chairman of several railway companies, I have
received numerous complaining letters, all, I ant bound to say,
crouched in a courteous and respectful manner ; and I have answered
them by assuring the parties of the soundness and stability of the
concerns over which I preside. The acknowledgments I have re-
ceived in reply have been generally satisfactory; many of the parties
stating that they were holders of stock in a variety of foreign and
other new lines, and that they were compelled to sell the stock of
)Id lines to pay for the new. When the supply exceeds the demand,
and when a regular combination exists to depress railway property,
I believe any course which Directors may pursue will be of little
avail. Yet, after all, the amount of stock transferred in the com-
panies over which I preside has been less than usual, which shows
that many of the quotations of sales are merely nominal. I have
no fear of not seeing railway property again placed in a better
position in the market, though not at the extravagant price it has
heretofore arrived at, and then its proper and true value
will be maintained in a manner that will be more satis-
factory to all parties. Consols have been at 47, they are now at
6431, and have been at 100. If you or your friends can, by any
effort, advance them to 92 or 93, I have no doubt you will see a
great advance in railway property. The Bank Stock has paid 10
per cent., and is now only paying seven, and the price has fallen con-
siderably ; but no one ever doubted the integrity of the management
of the Bank. The surprise to me is, that in the excitements and
commotion which havo prevailed, railway traffic. has been so well
supported. Even the present amount of traffic justifies the anticipa-
tion that the rate of dividends will not undergo any ma'erial dimi-
nution ; and this remark applies to all the lines over which I have
the honour to preside. I wish I could call the serious and grave
attention of the chairman of the London Stock Exchange to a pub-
lication which is issued weekly, professing to be under the sanction
of that body. lam aware that the statements which appear in that
paper are stated not to be published under the authority of the Stock
Exchange ; tut I cannot close my eyes to the effect that they pro-
duce on the mind of the public, whe naturally consider that they
have that sanction. If these statements were correct and true, so
person would have a right to complain —but when they are
almost hi every instance incorrect, and their general ten-
dency is to depreciate railway property, it would be well
that the Stock Exchange should disavow a publication
which is calculated to do so much mischief. I must, in con-
clusion, request that you will call the Requisitionists together, and
that there may he no delay in sending a list of the charges im-
pugning the integrity of the Directors, who are anxious to meet and
repel the calumnious Imputations that have been made against
them. Nothing but a sense of duty to the large body of Share-
holders whe have hitherto given their confidence induces the Di-
rectors t i retain their seat at the Board; and as soon as that con-
fidence is withdrawn they will most readily and gladly resign their
trust into ether hands by whom the affairs of the Company may be
more ably conducted,
I perhaps might observe, before' I conclude my letter, without
pledging myself to the statement, but merely giving it as my own
individual opinion, that I believe another W. call upon the 501.
Shares, with the arrears of calls now owing, will complete all the
works in course of construction, and the remaining 25/, per Share
will remain applicable to the liquidation of the debt. The liabilitleS
of the Company are tinder the consideration of the Directors, in
order to enable them to lay a statement before the Proprietors,
which it is anticipated will be done within a very early period.
I am, Sir, your obedient servant,
GEORGE HUDSON.
To J. Houghton Brarteker, Esq., Liverpool.

t RE AT WESTERN RAILWAY.
T OPENING of LINE to BASINGSTOKE, ALTERATION for
WINTER TRAINS, and DISCONTINUANCE of RETURN
TICKETS.—Nov. 1, 1848.
The Berks and Hants Railway, between Reading and Basingstoke,
will be OPENED for the conveyance of Passengers, Goods, Parcels,
Carriages, Horses, and Cattle, on and from WEDNESDAY next, the
let of November. •
On the same day several alterations will be made in the times of
Great Western Trains, and some Trains will be discontinued during
the Winter. For particulars of all these changes, and for the times
of Trains to and from Basingstoke, reference must be had to new
Train Bills, which will be ready for delivery on and after Monday
the 30th inst.
The Directors regret to notify, also, that they are compelled, in
consequence of the existing severe pressure on railway property, and
the increased assessments for parochial rates, to relinquish the sys-
tem of return, or day tickets, which will be entirely discontinued
from and after the Ist of November, 1848

By order of the Directors,
CIIARLPS A. hAUNDERS, Searetary,
Paddington Station, October 26, IStii.

THE GREAT PEACE CONGRESS.-A
PUBLIC MEETING of the FRIENDS of I'EACE will be
hold at Exeter Hall, on TUESDAY EVENING, October 31, 1848, to re-
ceive M. Visschers, Councillor to the Belgian Government; M.
Francisque Bouvet, Member of the French National Assembly; the
Baron Suringar, of Holland ; Elihu Rurritt, of the United States ;
and William Ewart, Esq., M.P. ; the President and Vice-Presidents
of the late Peace Congress at Brussels ; when a Report of the Pro-
ceedings of the Congress will be presented, and other important mat-
ters bearing on the Peace Question will be submitted to the Meeting.
C. HINDLEY, Esq., M.P., in the Chair.

Several Members of Parliament and other Gentlemen of eminence
are expected to take part in the proceedings.
Doors open at Five o'clock, the Chair to he taken at glx o'clock.
N.B. Seats Reserved for Ladies.

NATIONAL LOAN FUND LIFE ASSU-
RANCE SOCIETY.
26, Coral-41, London.
Capital £500,000.
Empowered by Act of Parliament.
Every class of Life Assurance effected, and every facility afforded
by the Society, its main principle being to render its Policies at all
times valuable during the lifetime of the Assured. Half the pre-
mium may remain unpaid for five years. Profits divided annually.
Extensive travelling leave granted.
For Prospectuses, with detailed information, apply at the Office,
or any of its Branches, by post or otherwise.
W. S. B. WOOLHOUSE, Actuary.
MUSICAL BOXES.—An extensive assortment
of line-toned BOXES of a superior quality, by the cele-
brated makers, Messrs. Nicole, Brothers, of Geneva, playing upwards
of GOO airs, overtures, &c., selected from the works of Mozart,
Weber, Rossini, Deihl!, Donizetti, &c., togethe7 with the most emi-
nent English composers. . .

A Catalogue of the Music, with Lists of Prices, is now published,
and may be had, gratis, on application to T. COX SAVORY and Co.,
Watchmakers, &e., 47, Cornhill (semi doors front Gracechurck-
street), Landoll.

Now ready, in Four Volumes SYO., price Four Guineas, c:eth,
(Dedicated, by permission, to her Majesty the Queen,)
THE SECOND EDITION OF
MR. SERJE ANT STEPHEN'S NEW
COMMENTARIES on the LAWS of ENGLAND, partly
founded on BLACKSTONE.
IV A Prospectus of the Contents, &e., of this Work has been
printed, and may be had, gratis, of the Publisher.
Preparing for immediate publication, in One Volume Bvo.,
QUESTIONS for LAW STWDENTS, on the Second Edition of Mr.
Serjeant STEPHEN'S NEW COMMENTARIES.
By JAMES STEPHEN, Esq., of the Diner Temple, Barrister-at-Law.
Henry Butterworth, Law Bookseller and Publisher, 7, Fleet:street

ON NERVOUS DEBILITY AND GENERATIVE DISEASE
Just published, the Thirty-sixth Thousand, ai improved edition, re-
vised and corrected, 120 pages, price 2s. It a sealed envelope, or
forwarded by the Authors, post paid, to any address, secure from
observation, for 2s. 6d., in postage stamps, illustrated with nu-
merous Anatomical Coloured Engravings.
NITANHOOD: the CAUSES of its PREMA-
TURE DECLINE, with Plain Directions for its PERFECT
RESTORATION.
A Medical Essay on those Diseases of the Generative Organs,
emanating from Solitary and Sedentary Habits, indiscriminate Ex-
cesses, the Effects of Climate and Infection, &c., addressed to the
sufferer in Youth, Manhood, and Old Ago; with Practical Remarks
on Marriage, the Treatment and Cure of Nervous and Mental De-
bility, Impotency, Syphilis, and other Urine-Genital Diseases, by
which even the most shattered constitution may be restored, and
reach the full period of life allotted to Man. The whole illustrated
with numerous Anatomical Engravings on Steel, in colour, explain-
ing the various functions, secretions, and structures of the repro-
ductive Organs in health and disease ; with instructions for private
correspondence, cases, &c.
By J. L. CURTIS and CO., Consulting Surgeons,
7 Frith-street, Soho-square, London.
" ' Manhood.' A Medical Work.—To the gay and thoughtless we
trust this little work will serve as a beacon to warn them of the
danger attendant upon the too rash indulgence of their pa talons,
whilst to some it may serve as a monitor in the hour of emptal
tion, anti to the afflicted as a sure guide to health."—Chronicie
" ' Manhood.' By J. L. Curtis, and Co.—Their long experience
and reputation in the treatment of these painful diseases is the
patient's guarantee, and well deserves for the work its immense cir-
culation."—Era.
"'Curtis on Manhood' should be In the hands of youth and old
age. It Is a medical publication, ably written, and developos the
treatment of a class of painful maladies which has too long been
the prey of the illiterate and the designing."— United service
Gazette.
The Parent, who beholds his beloved child pining away, and fast
approaching to a premature grave, in consequence of some disease,
which, for want of careful investigation of its real cause, has been
set down to the score of consumption, will, on perusing this work,
be astonished to find, that in nine-tenths of the cases of young per-
sons of both sexes, who perish of what is called pulmonary con-
sumption, heart disease, tabes, &c., the sole and exclusive origin has
been the indulgence in certain destructive habits practised by youth
mach more frequently than it is at all suspected.
N.B. Hours of consultation from Eleven tEI Two, and Six to
Eight in the Evening.

GUILDHALL, OCTOBEI 21, 1848.
ft '41.1E COMMITTEE for LETTING the CITY'S
LANDS will MEET at GUILDHALL on WznxissbAr, the
15th day of November next, at One o'clock precisely, to receive
TENDERS for LETTING on LEASE, for twenty-one years from
Christmas next, a House, No.B, on the east side of New Broad-street ;
a House, No. 14, on the north side of Broad-street-buildings ; a House,
No. 28, on the south side of Broad-street-buildings ; and a House,
No. 38, on the south side of Upper Thames-street.
Also, to receive TENDERS for LETTING on LEASE,
for nineteen years (less three days), from Christmas next, a House,
No. 82, on the south side of Chiswell-street ; and also a House, No.
3, ea the east side of Windmill-street, near Finsbury-square.
Further particulars may be obtained, and plans seen, by applying
at the 011ko of Works, Guildhall.
THOMAS SAUNDERS, Comptroller.

PURCHASER'S
Pray, Messrs. MOSES, don't decline
An humble tribute, such as mine ;
Nor scorn the vain attempt I make
To follow in your poet's wake.
For though I don't profess to be
A poet of the first degree,
I think I've got sufficient tact
To tell the public how you act;
And here a compliment is due,
Namely, that all I say is true.
You, Messrs. MOSES I would choose
To occupy my humble muse ;
Nor coald I think of doing less,
On looking at your
WINTER DRESS.
The last new Overcoat I bought
Is good in cloth, and firmly wrought ;
And then the style which it discloses,
Does credit to you Messrs. MOSES.
And this applies to all the rest,
The Coat, the Trowsers, and the Vest.
I said the instant that I bought 'em,
They're just the very thing for Autumn,
And really, Messrs. MOSES, that's
•My notion of your
WINTER HATS.
And though I'm not a man that flatters,
I do pronounce you Rrst-rate Hatters.
Your Hats are firm, though light—if not,
I certainly don't know what's what.
And if not stylish and elastic,
My lines have nothing Hudibrastic.
These, Messrs. MOSES, are my views,
With reference to your
BOOTS AND SHOES.
They're good in style, and make, and leather,
And, Sirs, I like them altogether
I bought a pair just six mouths back,
Which never yet have shown a crack.
My lady says the same of hers.
And praises up your
WINTER FURS.
She bids me say she never wore
A better Mantle, Muff, or Boa.
My lady often tells me. Sirs,
MOSES and SON'B are famous Furs.
Nor do our notions disagree
With reference to your
HOSIERY.
The quality of such a stock
Is such as nobody can mock.
I wish I'd space to call attention
More fully to the goods I mention.
I'm much surprised at what is paid
For these and all the goods in trade.
Cheapness and quality I find
At your Establishment combined.,
And while this principle discloses,
I'll be

POEM.

A CUSTOMER TO MOSES.

E. MOSES and SON iavite especial attention to their Sheoting-
•oats, which possess a peculiar cut and style, adding much comfort
a the At. E. M. and S. are convinced they will be much approved
of by the public.

Shootinz Coats, in a variety of materials from Es. 641-. to 21s.

The Doeskin, or .Elastio Coat, fr0m...... • • .. 17s. Od. to 325.
LIST OF PRICES.
•
*LW MADE.
Autumn and Winter Coats, in all the new styles—from £0 9 6
Ckesterfleld and Codrington's, and every description
of Over-coats, handsomely trimmed ...... ....... 1 S 0
The Premier • • .................
Shooting Coats ........ ........................... 0 8 6
Autumn and Winter Trousers .............. • • ...... 0 4 4
Doeskin ditto .......................... •......... 0 12 6
Autumn and Winter Tests ...... 0 2 0
Dress Coats •. • • ... ............ .......... 1 0 0
Frock do. ...... ..... „„ „ „ „. „ „ 1 4
Boys' Messar and Tunic Suits 0 16 6

IRELAND.

TRIAL OF MR. C. G. DUFFY.

DUBLIN, FRIDAY.—Judges v Crampton and Torrens
took their seats in the Commission Court this morning
at the usual hour.
Shortly after eleven o'clock the county grand jury
handed down their finding on the bill sent before them
against Charles Gavin Duffy. It was signed by the
foreman " A true bill fur self and fellows."
ARRAIGNMENT OF MR. DuFFIr-

A few minutes bef .re onv o'clock Mr. Duffy was
brought into the dock and placed at the bar. He looked
rather pale and thoughtful, and seemed to have suffered
a good deal froth his protracted imprisonment. On look-
ing round the court toe recognised several friends and
bowed cheerfully to them.
The ATTORNEY-GENERAL said that in this case
against Mr. Charles Gavin Duffy, the prisoner, a bill
was found atZtthe last commission by the grand
jury, which he now moved should be quashed. On
that occasion a bill was preferred under an Act
of Parliament of the then session, charging Mr.
Duffy with certain felonious compassings, and re-
lying upon several publications in a newspaper, of which
he was the proprietor. An application was made at that
commission on the part of the Crown, founded,on the
affidavit, for the purpose of abandoning further proceed--
ing upon that bill, because subsequent to the finding of
the bill a letter in the handwriting of Mr. Duffy, was
found in the possession of Mr. Smith O'Brien, which
was at the time characterised as being of a very treason-
able description; and it was thought advisable to have a
new bill prepared introducing into it this letter. At the
present commission a bill had been found against Mr.
Duffy, by the county grand jury, for the same matters
contained in the former bill, with the addition of this
letter, and also a manuscript article, not included in the
former bill. And he would now very shortly
state the grounds upora which this charge had
been made. At the last commission a gen-
tleman named Martin was tried for a similar offence be-
fore a city jury—a challenge was put in to an individual
juror on the ground that he mss a householder and inha-
bitant of the city OrPublita, raa (the Attorney General)
did not conceive that challenit- was well founded. It
was founded on an old charter of the corporation of
Dublin, giving to them the goods of persons convicted
of felony, and, therefore, that every inhabitant and
householder, who would be liable to the pay-
ment of borough rate, was, in point of fact, inte-
rested in the conviction of felons. He had demurred
to that challenge, and the judges agreed with
his argument and allowed the demurrer. However, very
able and eminent Counsel for the prisoner had given a
certificate that the judgment allowing the demurrer is
one that in their opinion would be reversed by a writ of
error. Acting upon that he (the Attorney-General) had
felt it his duty to allow the writ of error in that parti-
cular case, which now stood for argument in the Court
of Queen's Bench.
Judge CRAMPTON—I dare say the objection that will
be made is that you should enter a nolle prosequi.-
The ATTORNEY-GENERAL said it was held, in the
case of " The King v. Stratton," that when it was not
an indictment, but a criminal information filed by the
Attorney. General himself, he might there enter a none
prosequi, the whole being under his own jurisdiction,
and without the interference of the grand jury. In the
case of Mr. Mitchel the parties pleaded in abatement,
which was in effect a plea of lit pendens, and the Court
of Queen's Bench decided that hs pendens was not a
good plea in a criminal case; but that they would not
oblige the party to plead to the new indictment until the
former indictment was quashed. Now, one bill having
been found at the present Commission, and the Crown
hoping to be able to go to trial upon it, they thought it
right that another bill should not be pending against
Mr. Duffy, and therefore he humbly moved that the
former bill be quashed.
Sir COLMAN O'LOGULEN thought that the most regular
course would be to enter a nolle prosequi, but if their
Lordships thought the better course would be to quash
the indictment, they had no objection.
The previous bills were quashed accordingly.
Mr. SHYLY_ said that two writs of habeas corpus were
issued in this case, one directing the city sheriff to hand
over the prisoner to the custody of the county sheriff,
and the other to the county sheriff, directing him to re-
ceive the prisoner into his custody.
Mr. BUTT—If their Lordships would pardon him for
saying that Mr. Duffy was then brought to the bar of
the Court in custody of the sheriff of the city, he would
shortly state the objection he made to this proposed
transference of custody. lie did not disguise from his
Learned Friends for the Crown, that his real objection
was to the trial of Mr. Duffy on this indictment in the
custody of whomsoever he might be. This was a bill of
indictment found by the grand jury of the county for an
offence committed in the city. That could not be done
at common law; it could only take place under the 6th
George IV., chapter 51. Under the 3d section of
that Act this bill had been found, but the 6th section
of that Act provided that it shall and may be lawful
for the justices, ten days before the holding of
any session of over and terminer, by proper writs
of habeas corpus, to cause any person who ma,
be in custody of the sheriff to be removed into the cus-
tody of the sheriff of such next adjoining county, in
order to their trial. This 6th section, providing for this
exact case, desires the prisoner to be removed by an
order made ten days before the sessions, and it was per-
fectly plain and :manifest:that such an order could not be
made during the sitting of the court. On those grounds
he prayed tne Court that if the writs of habeas corpus
were improvidently issued they be now withdrawn and
quashed.

Judge CRAMPTON said that when he signed the writs
ho was under the impression that he did so as a Judge
of the Queen's Bench.
Mr. BUTT said that in either case the same objection
would apply.
Mr. SMYLY said, if the Attorney-General had removed
the same bills of indictment from the city to the county,
the notice should have been given ten days previously;
but where the bills were virtually new, and originated
with the county grand jury, as in this case, he contended
that notice was not necessary.
After some discussion, Judge CRAMPTON entered into
an examination of the several sections referred to by
counsel, and expressed himself of opinion that the section
under which the writ of habeas corpus must be issued
ten days before the holding of the Commission, referred
to cases where the indictment was sought to be trans-
ferred from the city to the county.
Mr. BUTT contended that the 6th section applied to
the present case, where an indictment was found by the
grand jury for an offence committed in the city. There
were two cases dealt with by the statute—one where an
indictment found in the city was to be transferred to the
county—the other where an indictment was originally
found in the county for an offence committed in the city.
The 6th section manifestly could not apply to the former
case, because the prosecutor had no right to remove the
indictment from the City to the county without an order
of the Court. That order must be made when the Court
was sitting; and, of course, it would then be utterly im-
possible to have the habeas corpus issued ten days prior
to the opening of the Commission. Thus the operation
of the 6th section was clearly limited to cases such as
the present, and did not apply to cases where the indict-
ment was transferred from the city to the county.
Mr. Justice TORRENS did not think the prisoner was
aggrieved by having the bill of indictment found against
him in the county. It was merely a transfer of the in-
dictment to answer the charge preferred against him in a
new jurisdiction, without reference to new proceedings.
If Counsel looked at the section of the Act that applied
he would find that such was the case.
Mr. BUTT—That would be true if the bill of indict-
ment was found for an offence committed irt the county.
Mr. Justice TORRENS—The bill of indictment being
preferable in the county, the law must consider the of-
fence as having been committed in the county.
Mr. BUTT would undertake to show that such was
not the case. The venue was not laid in the county of
Dublin, but in the city, in the parish of St. Thomas ;
and it had been decided that when the venue was laid in
the county it should be proved that the acts had been
committed in the county. An application might have
been madef for a writ of habeas corpus tea days before,
but where was the authorityoil‘What _
is your motion ?to grant ?
Mr. Justice CRAMrr
Mr. BUTT—To quash the indictment on the ground
that there have been CO recogniatmces:as the Act re-

quires.
Mr. Justice CRAMPTON—That will raise the
same
question.
Mr. BUTT—We do not deny the right of transfer in
the Crown ; but we say that Mr. Duffy should not be put
upon his trial at this Commission. In truth this is an
objection to tile arraignment. Sir Colman O'Loghlen
who has considered the case more th.an.l have, will now
proceed, with your Lordhhip s permission.
Sir COLMAN O'LoGnr.wc then proceeded to say that
their objection to the indictment was threefold. The
Court was aware that the indictment, which was for an
offenco committed in the cowity o.t the city of Dublin,
was found by the county grand jury as being of the
county adjoining. It was plain that unless the Crown
was authorised to do this by statute they could not do so
by common law. If there was authority at all for the
proceeding it was given by the 6th of Geo. IV., cap. 51.
and counsel submitted that tho indictment should be
quashed on three grounds—first, that the Act did not
apply to public but to private prosecutions; second, as-
suming that it did, that the ten days' i!otice rendered
necessary had not been given; and, thirdly,
that the
provisions of the 13th section, which required that a re-
cognizance should be entered into had not been com-

plied with.
Mr. SMYLY said it was a mistake to say that the re-
cognimnee had not been entered into. Counsel then

handed in the recognizance.
Sir COLMAN O'LoGRLEN proceeded to say that he was
not aware that the recognisances had been entered into.
But the other objections remained. Supposing that the
Act applied to public prosections, the ten days' notice
that the case will be brought into an adjoining county
had not bean given. The recognisances should have
been returned to the next county, the party should
have been removed into the custody of the sheriff of
the county ten days before the sitting of the Court,
and ten days' notice of the proceeding should have been
given to the party or his witnesses. Ten days' notice
should have been given to the person before whom the
be returned at
informations were given, that they might