The Sun.
London, England, 1848-10-11 00:00:00

THE SUN, LONDON, WEDNESDAY EVENING, OCTOBER 11, 1848.

but looking upon the matter as a whole, he thought
the directors had done all they could. His belief was
that the line would ultimately be most beneficial to
the shareholders.
Mr. DAVIDSON, one of the directors, trasted that
the shareholders would appoint a committee to look
into the affairs of the company, and point out some
means of carrying them effectively into operation.
Several shareholders said they did not desire the
appointment of any committee, or wish to impugn
the conduct of the directors ; all they complained of
was, that the directors had been too lenient.
The CHAIRMAN said that, in future, it was the de-
termination of the directors to enforce the payment of
calls or forfeit the shares. In cases where parties
were solvent legal proceedings would be taken against
them immediately upon the commencement of the
term.

The report was then adopted, ordered to be printed,
and circulated among the proprietors.
A PROPRIETOR suggested that the names of the
defaulting shareholders should be publi,hed. He
believed, if such a course was adopted, it would in-
duce many to pay their calls that other,: ise would
not do so.

A resolution requesting the directors to give im-
mediate instructions to their solicitor to enforce the
payment of all arrears of calls that are not paid by
the Ist of November, was proposed, seconded, and
carried, after a short discussion.
Mr. BARXLY, M.P., one of the directors, had the
greatest hopes that the company would participate in
the 500,0001. loan, notwithstanding the letter that
had been received from Earl Grey.
The meeting was then made special, for the purpose
of considering and deciding upon the expediency of
applying to the Legislature of British Guiana for an
Act to amend the Act by which the company was in-
corparted by reducing the capital of the company
from 260,000/. to 175,0001.
Resolutions were proposed, seconded, and carried
for effecting this purpose, and enabling the directors
to borrow money.
Thanks were voted to the chairman and directors,
and the meeting broke up.

PUBLIC HEALTH.—PRECAU-
TIONS AGAINST THE CHOLERA.
The following circular has been issued from the
Poor-law Board to the clerks of the several boards of

guardians :
REMOVAL OF NUISANCES ACT.
Poor-law Board, Somerset House, Oct. 6.
Sir,—The Poor-law Board desire to call the attention
of the guardians to the provisions of the statute 11 and
12 Viet., c. 123, passed in the last session, to renew and
amend the Act of the 10th year of her Majesty, for the
more speedy removal of certain nuisances, and the pre-
vention of contagious and epidemic diseases.
The guardians will remember that the Poor-law Com-
missioners, by a circular letter dated October Bth, 1846,
brought the provisions of the 9th and 10th Vict., c. 96,
under the notice of the guardians.
The object of the statute is twofold. It provides (1)
for the more speedy removal of certain nuisances, and
(2) for the prevention of contagious and epidemic
diseases; but the provisions for the latter object do not
take effect till called into action by an order from the
Privy Council.
The first section enacts that upon receipt (or as soon
afterwards as can be) by certain bodies therein enume-
rated, or by any guardians of the poor, of a notice in a
form set forth in a schedule to the Act, or to the like
effect, signed by two or more inhabitant householders
of the parish or place to which the notice relates,
stating—
" That to the best of their knowledge and belief any
dwelling-house or buildi,T in any city, town, borough,
parish, place within or over which the jurisdiction or
authority of such bodies or guardians extends, is in such
a filthy and unwho'esome condition as to be a nuisance
to, or injurious to the health of any person;
" Or that upon any premises within such jurisdiction
or authority there is any foul and offensive ditch, gutter,
drain, privy, cesspool, or ash-pit, or any ditch, &c., kept
or constructed so as to be a nuisance to or injurious to
the health of any person;
" Or that upon any such premises swine, or an accu-
mulation of dung, manure, offal, filth, refuse, or any
other matter or thing are or is kept so as to be a nuisance
to, or injurious to the health of any person;
"Or that upon any such premises (being a building
used wholly or in part as a dwelling-house) or being
premises underneath any such building, any cattle or
animal are or is kept so as to be a nuisance to, or in-
jurious to the health of any person ;"
Such bodies or guardians, or some committee thereof,
appointed in this behalf by such bodies or guardians,
shall, after twenty-four hours' notice in writing delivered
to some person on the pnenises, or if there bo no per-
son there, affixed on some part of the premises (or in
case of emergency without notice) by themselves, their
servants or agents, with or without medical or other
assistants, enter and examine the premises with refer-
ence to the matters alleged in the notice of the com-
plainants, and do all that may be necessary for such pur-
pose ; and if upon such examination, or upon the certifi-
case of two legally qualified medical practitioners, the
existence of the nuisance appears, such body or guardians
shall thereupon lay a complaint before a justice of the
peace, who shall summon the owner or occupier to appear
before two justices to answer such complaint.
Such justices are then required, if the existence of
the nuisance is proved to their satisfaction, to make an
order for cleansing, whitewashing or purifying such
dwelling house or building, or for the removal or abate-
ment of the cause of complaint in such manner and
within such time as shall bo appointed.
This order is to be served in the same manner as the
summons, and if not complied with, the owner or oc-
cupier against vs lr.rn it is made will be liable to a
penalty not exceeding 10s. for each day of default, and
the guardians or other body mentioned therein shall
themselves or by their servants enter the premises and
cleanse them, or remove the cause of complaint, and
do all that may be necessary for carrying such order
into effect.
Any dung, manure, or other thing which is removed
may be destroyed or sold, and if sold the proceeds shall
be paid to or retained by the guardians, and shall be ap-
plied by them in aid of the poor-rate of the place in which
the removal shall have been made.
It should be mentioned that the statute provides in
section 16, that whosoever shall wilfully obstruct any
person acting under the authority or employed in the
execution of the Act, shall be liable to a penalty not
exceeding five pounds for each offence.
Sect. 3 provides, that the costs and expenses reason-
ably incurred in obtaining the order or carrying it into
effect may be recovered from the owner or occupier of
the premises in respect whereof they have been incurred
as a debt in the County Court, or by summary process
before two justices, unless such justices shall think fit
to excuse such person upon the ground of poverty or
other special circumstances.
The statute then enacts, in sect. 4, that all costs and
expenses reasonably incurred as aforesaid in carrying
into effect any of these provisions, and not recovered
from the owner or occupier of the premises in respect
whereof they have been incurred, shall, upon an order of
two justices, be retained, paid, or defrayed by the trea-
surer of the guardians or by the overseers of the poor
out of the funds in their hands applicable to the relief of
the poor, and shall be charged to the parish or place
wherein the premises in respect whereof they have been
incurred shall be situated. By the same section pro-
vision is made for the payment of these costs when in-
curred in extra-parochial places. This order, if not
obeyed within 21 days, is to be enforced by a warrant
of distress.
The guardians will perceive that this provision ex-
tends, as the similar one in the former Act did, to the
expenses incurred by any party authorized to take pro-
ceedings, and consequently is not confined to expenses
incurred by themselves.
By sect. 7 the drainage of filth, &c., from houses not
occupied before the 4th of September, 1848, into open
ditches, so as to occasion a nuisance to or be injurious
to the health of any person, will subject the occupier to
a penalty of 5L per day during the continuance of the
offence, and ho may also be indicted for a misde-
meanour.
There is a like provision with respect to drainage from
water-closets or privies constructed after the 4th Sep-
tember, 1148, and the penalties in that case will attach
whether the privy or water-closet so constructed be
attached to a house occupied before or after that day.
The statute requires each or any of the several bodies
named in it to take proceedings upon receiving such a
notice as has been described from competent parties.
As, however, the guardians will have to pay the expenses
of the proceedings wherever (as must frequently be the
case) they are not recovered from the owner or the oc-
cupier, it will be most expedient for them t:, have the
conduct of the whole matter. They will do well, there-
fore, to promote rather than to discourage e:,plications
being made to theta under the statute.
It is also desirable that the guardians should be aware
that by the interpretation clause, sec. 92, the words,
" guardians of the poor" mean " the guardians, directors,
wardens, governors, parochial board, or other like
officers having the management of the poor for any
union, parish, or place, where the matter requiring the
cognizance of any such officers arises ;" and the word
" owner" means " any person receiving the rents of the
property in respect of which that word is used from the
occupier of such property on his own account, or as
trustee or agent for any other person, or who would re-
ceive the same if such property were let to a tenant."
The Board think it may be useful to advert briefly to
the chief points of difference regarding the removal of
nuisances between the present Act and that which has
just expired.
By the present Act a notice from two householders is
sufficient to enable the guardians to act ; by the late
Act a certificate, signed by two duly qualified medical
practitioners, was needed before the guardians could act.
By the present Act it is made imperative on the guar-
dians or other bodies to whom notice is given to proceed
forthwith in the manner prescribed ; by the late Act it
was discretionary with the guardians and other bodies,
whether they would take the proceedings for the abate-
ment of the nuisance. By the present Act a penalty, of
10:;. is imposed upon the owner or occupier who ots-
obeys an order of justices, fer every day he makes de-
fault ; by the late Act no such pecuniary penalty was
imposed ; by the present Act, to enable the guardians or
other bodies to determine whether proceedings ought to
be taken or not, an entry of the premises for the pur-
pose of examination is uuthorised ; by the late Act a
right of entry only was given to enforce the order of
the Justices when made. Under the present Act ex-
press powers are given for distraining a defaulter's goods
wherever they may be found*. The Act also authorizes
dung, &c., found on the premises to be destroyed or sold.
These powers were not given by the lute Act ; the pre.

sent Act distinctly assigns duties to the guardians and
poor-law officers as well as to surveyors and others
charged with the management of roads and surface
cleansing. The provision for this purpose is new.
The former was a temporary Act; the present is per-
manent. The present, like the former Act, is applicable
to the whole of the United Kingdom. The only excep-
tion is in the cases of " districts " formed under the
Public Health Act, where, in order to prevent conflicting
jurisdiction, a discretion will be exercised by the General
Board of Health as to how far the present Act shall be
applied.
The guardians will observe that by the second part of
the Act the Board of Health are charged with the duty
of preparing regulations which the union and parochial
officers are required to enforce in the event of the country
being afflicted or threatened with any formidable epi-
demic, endemic, or contagious disease.
The progressive advance of a formidable epidemio to
the western part of Europe has, in the opinion of Govern-
ment, rendered necessary the enforcement of the Act.
An order in Council has accordingly been issued for put-
ting it in force throughout the kingdom.
The guardians and the union and other local officers
must now, therefore, in compliance with these provisions,
act upon all regulations which they may receive from the
General Board of Health for such places as that Board
may deem to require them; and on questions regarding
the execution of this part of the Act the guardians
may communicate directly with the General Board of
Health.

It must be stated to the guardians that on the subject
matters of the present Act, and on the means for the
prevention both of disease and of the destitution arising
from sickness and premature mortality, the General
Board of Health propose to communicate information
specially adapte'd for the guidance of medical and other
officers, by means of an official circular, which will be
issued in the same form, and may be taken at the dis-
cretion of guardians in the same manner as the official
circular of the Poor-law Board.

While upon the subject of this statute, which relates
to the prevention of the disease, the Board think it well
to mention, though it does not immediately affect the
guardian; that by sec. 67 of the Public) Health Act, the
churchwardens and overseers are required from time to
time, after the passing of that Act, to give public notice
as to the provisions with respect to the occupation of
cellars and underground rooms, and that these provi-
sions are imperative, whether the Public Health Act is
in force within their parish or not.
In conclusion, the Board think it desirable to repeat
the following observations of the late Commissioners
made in their circular letter of the Bth October, 1846:
" The improvement of the sanitary condition of the
poorer classes tends so greatly to remove many of the
causes of destitution and pauperism, that the money
judiciously expended on such an object, now sanctioned
by the Legislature, in the case to which the statute ap-
plies, will be found to be most profitably laid out, even
in reference to the more direct object of the duties of the
guardians."

I am, Sir, your obedient servant,
W. G. LUMLEY, Assistant Sec.

THE CHOLERA.

Three fatal cases of Asiatic cholera, one of them the
termination of en attack of cholera on board the hulks,
were reported yesterday, and several cases of dangerous
attacks, confidently stated to be of Asiatic cholera, wero
also reported. Twelve of the cases reported on Monday,
and mentioned in our paper of yesterday, were !subse-
quent to the thirteen cases reported in the Registrar-
General's report of the cases of last week, which were up
to Saturday only. A vessel had arrived from Hamburgh
at Hull on Monday, with several cases of attacks, and
ens fatal case, on board. Two cases of cholera had oc-
curred in the town, but they were positively stated to be
cases of the common English cholera, and that no cases
of Asiatic cholera had been heard of there. To the
favourable change of weather in the metropolis it is at-
tributed that the rate of increase of extraordinary cases
has been stayed, though :the ravages from the ordinary
epidemics, as reported by the Registrar-General, have
been considerable, being 430 against an average of
270.

WooLwrcu, OCT. is gratifying to be able to
state that there have been no new cases amongst the
convicts to-day, and it is the general opinion that the
prompt measures which were adopted on its first ap-
pearance will have the most beneficial results. At all
events the measures have had a great influence on the
minds of the inhabitants, and numerous faces that on
the first certain assurance that a case of cholera had
occurred here bore a most serious aspect, now appear
quite the contrary, all apprehension of the disease in-
creasing having ceased to exist.
PREPARATIONS AGIINST THE CHOLERA.—During the
last few days the authorities of the Borough Hospitals
have bean making the necessary preparations for the
reception of all cases of cholera that may be brought
under their notice. At St. Thomas's Hospital an ex-
tensive ward has been fitted up expressly for cholera
cases, which will bo under the superintendence of one of
the senior surgeons, who has been specially appointed
to the situation. Similar arrangements have been made
at Guy's Hospital, bat up to a late hour last evening no
cases had been brought in.

pears to be scarlatina, in which there has recently
been a great increase in the number of cases. The
number of deaths from this disease during the
past week was 130, of which 175 were those
of young persons, while the average return for the
corresponding week of five previous years was only
47. There has also been a slight increase in the
number of cases of typhus. In the diseases which
are considered to be cognate with cholera there has
certainly been some increase, but not to such an
extent as to give cause for any alarm. The number
of deaths registered for diarrhcea was 47, against the
average of 21 for previous years ; but of the former
number 33 were those of young persons, and 11 of
persons above the age of 60. Of dysentery the num-
ber of cases was 12. The number of fatal cases of
cholera last week is stated to have been 13, of which
two are hesitatingly alleged to be Asiatic cholera,
and one is described as a disease of the bowels simu-
lating to Asiatic cholera ; the remainder, therefore,
without doubt, must be regarded as cases of English
cholera. Each case of cholera must be certified to

by the medical attendant previous to its being regis-
tered. The whole tendency of this document is to
show that the health of the metropolis, generally
speaking, is in a much better condition than ordi-
nary, and that there is no ground for serious appre-
hension as to the prevalence of cholera at the present
time. _

The following is the official return of the Regis-
trar-General of fatal cases of cholera in the metro-
politan districts, for the week ending Saturday, the
7th instant :

extensive experiments of the efficacy of his project,
he said the Building Act presented opposition to any
extensive test. He stated the expense of the adoption
of the plan to be between 61. and 71. per house.
The paper, together with a paper from Mr. Cox-
worthy, and projects from several other scientific men,
were referred to the select committee appointed to
examine the innumerable documents hourly pouring
in upon the commissioners on the subject of the
sanitary improvement of the City.

Mr. COTTINGHAM ordered the shoes to be taken off
the prisoner, and on examination it was found that
they were shod with iron and capable of inflicting
such wounds as those described to be on the woman's
head.

Mr. COTTINGHAM—This is one of the moat brutal
cases that has ever come under my notice : a strong
man like the prisoner standing over an unfortunate
woman, and, as described by the policeman, standing
with his back to his victim and jobbing the heel of
such a shoe into her head.
The MAGISTRATE then asked the prisoner what he
had to say in his defence ? The prisoner—She rob-
bed me of say money last night. I caught her after-
wards in a brothel in Unicorn-square.
Mr. COTTINGHAM—And, because she robbed you,
you thought, I suppose, that you were justified in
murdering the unfortunate woman ? Prisoner—l
was intoxicated, and did not know what I was about
at the time. I have no recollection of having kicked
the woman as the policeman describes.
Mr. COTTINGHAM—Then I can tell you that if the
woman dies you will assuredly be indicted for
murder. The Magistrate then ordered the prisoner
to be remanded, and said that if upon inquiry at: the
hospital the woman was considered to be inimme-
diate danger he would repair thither and take her
depositions.

LAMBETH.
In the course of the sitting of the Court yesterday,
the Rev. J. B. Talbot, secretary to the London So-
ciety for the Protection of Young Females, said he
had a peculiar application to make. It was for a
summons or warrant against a woman named Matilda
Mallet, for decoying a young girl from the protection
of her mother, and being instrumental in the girl's
seduction.

It appeared from the statement which had been
furnished to the society with which he was con-
nected, that on the 22d of August last Ellen Messent,
aged fifteen years and five months, then residing
with her mother, at 34, Union-street, Clapham, had
been induced by the woman Mallet to quit her mo-
ther's roof, and to take up her abode with Mallet at
the latter's lodgings in the Wyndham-road, Camber-
well. She had been there some little time, when the
girl having been either drugged or made stupid by
the adminiatration to her of spirituous liquors, a man
was introduced into the room, and the girl being
held down by Mallet, who also stopped her mouth,
the man completely effected his purpose. Acting
under the provision of the statute of 9 Geo. IV.,
chap. 31, he (Mr. Talbot) applied to the Court in
order that the whole circumstances of this case,
which appeared to be most flagrant, might be fully
inquired into, and the woman Mallet, if proved to
be guilty, adequately punished. The 19th section of
the statute in question provided, " that if any person
shall unlawfully take or cause to be taken any un•
married girl, being under the age of sixteen years, out
of the possession and against the will of her father or
mother, or any other person having lawful charge of her,
every such offender shall be guilty of a misdemeanour,
and being convicted thereof, shall be liable to suffer
such punishment by fine or imprisonment, or by
both, as the Court shall award." The girl had suf-
fered very materially, and having applied for admis-
sion into the asylum provided by their institution, the
facts became known to the society, who felt it their
duty thus to submit them to this Court. The girl,
after a short time spent with Mallet after the transac-
tion, made her escape and returned to her mother.
Both were in attendance ready to be examined by the
Court.

The girl, who appeared deeply affected, was then
put into the witness-box, and examined at some
length by Mr. Norton. She stated that she had
known Mallet from the earliest period of her life, and
that Mallet was about twenty years of age. On the
22d of August she prevailed upon the witness to come
to her lodgings. There were two young men with
her at the time, and they visited together various
public houses and partook of ale and spirits, until
witness became somewhat affected. One of the
young men went away, and the other, with
witness and Mallet, visited various places in the
Strand and the Westminster-road, until they reached a
house of ill-fame, where Mallet and the young man
went into a room together alone. Mallet and the
witness then went home together, and on the follow-
ing day walked out. The next day (a Thursday) the
same young man came to their lodgings, when they
had ale and liquors until witness felt overcome.
Mallet then proposed that they should go and sit up
stairs, and &sired witness to go first. She did so,
and was followed by Mallet and the young man.
Witness felt very stupid, and sat down on a chair.
She could not remember whether Mallet said any-
thing to induce her to allow the young man to seduce
her, but recollected that Mallet was in the room when
she was seduced, and Mallet had since said to her, " I
had a rare job with you, for I had to hold your
mouth." Witness, however, could not state any
further particulars, as she was so ill. That young
man she had never seen since, and never before that
day had intercourse with any man, nor had she since,
though she had afterwards accompanied Mallet to
look for gentlemen. Witness remained with her a
week, and then returned home. Before this affair
her mother had been very strict with her about going
out so much by herself; and for that reason her home
had not been comfortable. Witness received no
money from the young man.
The mother (a decent looking personage) stated
that this was true, but she never believed that her
daughter had been criminal until this affair.
Mr. NORTON was of opinion that, on this evidence,
the girl, now the complainant, had acted on her own
free will in the matter. She left her mother at once,
and remained with this woman Mallet for some time
after the transaction now complained of.
Mr. Talbot said he felt there was a difficulty in
pressing the provisions of the Act of Parliament he
had cited, and perhaps in this case the worthy ma-
gistrate would deal with it as an assault committed
by Mallet in the part she had taken when the man
had effected his purpose on the girl.
Mr. NORTON—That assault i 3 not proved by the
girl, but stands only on the admission it was said
Mallet made to her afterwards. Unless the girl can
swear that Mallet used the force stated, I fear we
cannot assist you.
The girl, on being recalled, was asked if she could
swear positively that Mallet had held her mouth and
used force. She replied in the negative, for she had
no recollection of what passed, except from what
Mallet had since told her.

Mr. Talbot saw the difficulty of pursuing the
matter further under such circumstances. The
matter had been brought forward on public grounds,
and because the house in which it occurred was a
brothel, of which several had been established in the
Wyndham-road, to which young girls were decoyed
by persons of Mallet's character. The society had a
prosecution now pending against a man who owned
fifty to sixty such houses in different parts of the
metropolis.
Mr. NORTON regretted he could not afford any
further assistance; and Mr. Talbot, after thanking
the magistrate for his attention, quitted the court.

FROM THE LONDON GAZETTE

OF TUESDAY.
WHITEHALL,IB4B.
The Lord Chancellor has appointed Henry Thomas
Darnton, of Ashton-under-Lyne, in the county palatine
of Lancaster, Gent., to be a Master Extraordinary in the
High Court of Chancery.
BANKRUPTCY SUPERSEDED.
Jonathan Robinson Ashworth, fustian manufacturer,
Manchester.