The Sun.
London, England, 1846-11-06 00:00:00

money had been enclosed to the-plaintiffs en such an in-
voice. He (Me. .Justice Coleridge), in directing the
jury, left it to there to i,ay whether the custom of the
trade did or did not warrant the plaintin in locking to
the defendants for the payment of the balance of their
account.
The ATTORNEY-GENERAL now moved for a rule to
show cause why the verdict, should not be set aside and
a new trial had, on the ground that there was scarcely
any evidence to go to the jary, and:that there was no
authority for the verdict which they returned. - The
simple point at issue was, with whom the contract was
made. In the first place, he contended that it was made
between Messrs. Keeley. and Taylor, and that Taylor
had no authority to pledge the credit of Messrs. Wray
and Graham.

the goods, as he had not ordered them. Notwithstanding
this statement, the plaintiff still continued to supply the
goods down to the following year, and for which they
also sent in their account to plaintiff. It also appeared
upon the trial, that a clerk in the employ of the plaintiff
stated, that the goods were hookid, in the name of
Sanders, the party to whom the goods Were sent, and
that in teeping the books the goods were always entered
in the name of the person to whom the goods were sent,
and not in the name of the party who had ordered them,
and it appeared that there was no evidence whatever to
prove the liability of the defendant.

Lord DENBIAN considered that there was sufficient
evidence to go to the jury, and refused the application.
HOLE V. WHITE AND OTHERS.—DEPOSITING PROPERTY

AS SECURITY BEFORE A FIAT OF BANKRUPTCY.

Mr. MARTIN, Q.C., moved for a' rule to show cause

why the verdict found for the defendants in this case
• should not be set aside, and a new trial had, on the
ground of the'verdict being against, evidence and mis-
direction on the part of the Learned 'Judge who tried
the case. The action was tried at the last
Liverpool Assizes before Mr. Justice Cresswell,
and was one of trover to recover the value of a quantity
of hops. The pleas were not guilty and not possessed—
the question at issue being whether the plaintiff was en-
titled to recover the value of a quantity of hops deposited
with him on the 3d of May last year, under the follow-
ing circumstances :—The plaintiff was formerly a brewer
at Manchester, and whilst engaged in that occupation he
-employed a clerk named Boddington. also carried
on the business of a maltster in Bucks, which he conti-
nued to follow after relinquishing his occupation
as a brewer in Manchester, being in the habit
of sending hops to Manchester for sale, Boddington
acting as his agent, and the plaintiff being in the habit
of frequently visiting Manchester, in order to receive the
produce from Boddington. Boddington carried on
business on his own account, and, in the spring of last
year, speculated largely in hops. He had pur-
chased large quantities from the warehousemen
with whom they were deposited for sale.
At the trial it appeared from the evidence of Bedding.
ton's brother that, observing him very-uneasy for spine
days before the 2d of May, he asked him the reason.
He at first declined to reply to the question, but on his
brother inquiring if he had been using any of Mr. Hole's
money, he, after some hesitation, replied that he had.
The brother said it was a serious matter and must be
settled immediately in some way or other. He then
went to Mr. Harrison, the former partner of Mr. Hole,
who had continued to carry on the business, and told him
how the matter stood. Mr. Potter, the plaintiff's solicitor,
was consulted, and a meeting took place, at which both
Mr. Potter and Mr. Boddington's brother insisted that
he (Boddington) should deposit hops, of the value of
2,0001. and upwards, to indemnify Mr. Hole against loss.
Potter stated that he was at first unwilling to accede to
the proposition, but that he ultimately consented, and
deposited them on the following Monday, when
they were taken possession of by Mr. Hole.
Immediately after Boddington wrote to a per-
son at Worcester, from whom he was in the
habit of purchasing hops, and to other creditors, -all of
whom came to Manchester, where they had several
meetings, the result of which was, that a fiat of bank-
ruptcy was issued on the 25th May, and a messenger of
the Court of Bankruptcy forcibly took possession of the
hops. The bankrupt stated, on oath, at the trial, that
at the time of depositing the hops he did not contem-
plate an act of bankruptcy, and that he had ample pro-
perty, he believed, to pay twenty shillings in the pound ;
that the proposition did not originate with him, but with
his brother, and negatived anything like fraud in the
business. He (plaintiff) sought to recover what he believed
himself legally entitled to. Now he (Mr. Martin) con-
tended that the deposit of the hops was not a fraudulent
deposit under the bankrupt laws, and that the defend-
ants, who were the assignees of the bankrupt, and
whose duties did not commence until the -25th of May,
had no right to seize for the benefit of the creditors.
Neither was there any proof of fraudulent preference;
in fact, the defendants, on whom the onus of probf lay,
did not attempt to show any. But Mr. Justice Little-
dale, in giving judgment in the case of Mor-
gan v. Blunt, 5 Barnewall and Adolphus,
p. 289, stated, in order to show fraudulent
preference it was necessary to prove that the deposit
was voluntary, and in contemplation of bankruptcy.
There was no direct evidence of this kind adduced, and
he made an objection on this point at the trial,t but it
appeared by the 90th section of the Bankruptcy Act that
assignees were not bound to do so

Mr. Justice ERLE inquired if there was any evidence
at the trial to show that Boddington was in a condition.
to pay 20s. in the pound?
Mr. MARTIN said there was no direct evidence on the
subject, but it appeared that hops fell shortly after the
transaction, and subsequently rose again, but there was
nothing to show that he could not do so. He could have
raised the money on the hops at the time by selling
them, but he wished to keep them until the price im-
proved. This was not like the act of an insolvent.
Then he held that the misdirection consisted in the
Learned Judge stating that the act was an adverse one,
inasmuch as it appeared that the deposit was involuntary.
Lord I)ENMAN said he would consult the Learned
Judge who tried the case.

BAIL CUURT.-(THIS DAY.)
(Sittings in Banco. before Mr. Justice PATTESON.)
EXPARTE HENRY EDWARDS.
_ _

Mr. PETERSDORF moved for leave to exhibit articles
of peace on the part of Henry Edwards against Joseph
Crawford. The parties were rival omnibus drivers, the
exhibitant being driver of one of the twopenny omni-
buses.

Mr. Justice PATTESON thought the fears of the exhi-
bitant were not sufficiently grounded, and refused the
application;

THE QUEEN V. DURANT.

Mr., WARREN applied for a writ of certiorari to
bring up an indictment for an assault from the Clerken-
well Session to this Court. The circumstances out of
which the indictment arose were of a very peculiar
nature, and would give rise to various questions in law,
and would raise the question as to the right of the de-
ponent to enter the offices to inspect the books of a cer-
tain company until the sum of 7,5001. was paid. The
bill of indictment charged the offence to have been com-
mitted on the 10th of July, 1846, but the prosecutor had
taken no steps in the matter until the present time.
Mr. Justice PA.TTESON granted a rule nisi, in case the
offence was a felony, and a rule absolute, in case it should
be only a misdemeanour.
THE QUEEN V. THE COMMISSIONERS OF SEWERS FOR THE

TEE SUN LoNPON, FRILLAY EVENINCyS NOVIL.MR,It 6, 154(3.

IRISH SAVINGS' BANKS.
(From the Tinies.)
In another place our readers will find an official return
which will do much to allay the anxiety excited by the
t ending
lo e
to ofer the
10,
llBr4i Irish
prospects of Ireland, though it will also suggest other
less agreeable reflections. It is an account of the
savings'sunl banks
spaid in and drawn
in he y
eit r
Were superficial appearances and popular statements to
be entirely trusted, we should be justified in expecting
an immense deficiency of deposits as compared with re-
payments. At a time when it is vehemently protested
that there is no capital or stock of any kind, no funds to
pay wages or rent, it is natural to fear that the savings'
banks have become almost supeilleous establishments.
One expects to he kid that they are shut up, the accounts
wholly closed, and Government seriously embarrassed
by the vast aggregate withdrawn from its hands. Such,
we are sorry to say, is the case at this moment in.
France, where, if people are not lifting up their voices
quite so high as in Ireland, the weekly returns of the
savings' banks prove that their means are undergoing a
rapid exhaustion. It is far otherwise in Ireland. The
savings' banks there, with one great exception, to which
we shall shortly advert, never were more prosperous
than in this year of unprecedented distress. What in-
creases the marvel is, that their prosperity, in different
districts, appears to be exactly in proportion to the ex-
tent of the demands on public benevolence. The
more the people have wanted, the more they have had.
Under increasing distress there has happily existed a
mine of increasing wealth ; and while the Treasury has
been lavishing its bounties with the right hand, with the
left hand it has received a back current of comfortable
deposits. Of course one is only too happy to be as-
sured by so undeniable a proof that after all there is a
solid bottom somewhere to this slough of despond. With
a sound substratum of increasing deposits the nation will
not sink quite overhead in the mire. At the same time
one feels very sure that no other country under the sun

could ever have presented so remarkable an inconsis-
tency between words and deeds. Connaught and Mun-

ster are the provinces which obtained the greatest amount
of relief during the twelvemonth ; and Galway, Mayo,
Roscommon, Sligo, Clare, Kerry, and Limerick were
the counties which made the strongest appeal to the
Imperial Treasury, and with the most successs.
Our readers will look with some curiosity to see how
they severally stand in the ledger of the savings'
bank. The sums " paid in " and the sum " drawn out "
by the trustees in the province of Connaught are
respectively 9,6001. and 4,4001. ; so that the province
had 5,2001. more in the savings' banks, it is to be
presumed, on October 10, 1846, than on the correspond-
ing day the previous year, though in the interval there
were two famines, two great measures of relief, two
general sinkings or risings, prostrations or insurrections,
whatever they are to be called, of the peasantry. This
at least is singular. We have heard of bankruptcies
being very profitable affairs. A man twice bankrupt, it
is said, ought to be rich. This does for individuals. But
for a whole population commend us to a famine. A few
more famines, and Ireland will become one of the
wealthiest countries in the world. The anatomic vivante
got a handsome subsistence by eating nothing, till some-
body was wicked enough to dog him to a pork-shop.
The population of Connaught bids fair to thrive wonder-
fully on rotten potatoes well sauced with " relief "
works. There's the true remedy for this mysterious
disease, which the English savans were so long look-
ing for, and with so little success. The receipt is as
follows:—Empty a cart-load of the infected potatoes
on one side of the road, and set fifty men to shovel the
heap to the other side, giving them ls. each for the
day's work, and you will find that the men will not
only exist on the potatoes, but will put by. The receipt
answers admirably in Connaught. Thus Mayo, which
a whole tribe of Wllales are always declaring to be at
the point of starvation, drew out only 2,300/., and paid
in as much at 3,2001. Roscommon paid in 3,3001., and
drew out nothing. Sligo paid in 1,8001., and also drew
out nothing. Munster exhibits equally wonderful re-
sults. The whole province paid in 80,6991., and drew out
only 53,8001., thus improving its account to the hand-
some extent of 26,899/. We have frequently heard
economists pronounce the potato rot the making of Ire-
land, but we think they could hardly have anticipated
such immediate results. The particular instances are
some of them exceedingly striking'. Clare one always
hears of very early in a famine. It occupies an equally
prominent position in this return. The Ennis trustees
" paid in" 7,1001., and drew out 3001., the difference in
the favour of the Clare contributors being no less than
6,8001. Kerry seems to have done very well considering.
The trustees at Killarney had paid in 7;300/. and drawn
out 3,1001.—n0t nearly half. Tralee has not been equally
fortunate, or equally ingenious. It has paid in 4,8001.,
and drawn out 2,700/., which is rather more than half.
Limerick beats them all. Its trustees have paid in
18,2001., only drawing out 3,3001. Really, the county
of Limerick cannot do better than confine itselt,
for the future, to the cultivation of rotten pota-
toes. The exceptions are generally insignificant. The
only one of any importance is that which occurs in
Dublin itself, and has nothing to do with either the
potato rot or the relief measures. As much as 223,0001.
was drawn out by St. Peter's parish, Dublin, between
the 25th of October, 1845, and the 3d of January, 1846,
in consequence of a rumour that the funds of that bank
were not sufficient to meet the demands of the depo
sitors. Such is the explanation given in the return.
The circumstance that this happened to be exactly the
period of the panic in the railway market may possibly
have something to do with it. So large a sum of course
gives an unfavourable result as far as the whole of Ire-
land is concerned; but, taking Connaught and Munster
separately, the excess of deposits over the sums with-
drawn is 32,0991. We repeat that it is most gratifying
to be able thus to sound the depth of Irish distress. A
savings' bank, to be sure, is not the best form of
saving; it is too much like hoarding for us. Far more
satisfactory is it to see capital wedded to industry, in-
vested in stock, entrusted to the grateful soil, and
returning a better interest to its owners than 31-3 per
cent. We must say it is something like burying a
talent in a napkin to lend 1001. to so indifferent a
banker. That, however, just now is a minor considera-
tion. If the Irish peasantry have not such large heaps
of potatoes as usual, it is clear they have better deposits.
Somehow or other they have managed to make up the
deficiency. We would fain hope that it is by a more
honest process than that of the mendicant, who knows
that his craft is gone as soon as his sore is healed. For
the sake of the British name, as well as their own, we
trust the Irish are not a nation of malingerers. One
thing, however, we have a right to ask, and that is, that ;
when the pecuniary result of the two famines has been
thus far so decidedly favourable to the Irish, they should I
give the British Government some credit for supplying
the deficiencies and mitigating the visitations of nature.
It is plain by the infallible rules of Cocker that the par-
tial destruction of one potato crop and the almost entire
destruction of the other, ought to have left the popula-
tion generally very much poorer. The actual result,
however, is far otherwise. Something has qualified the I
inflictions of Providence and the deductions of arithmetic.
The compensation has happily prevailed over the cala-
mity. It is proved, in pounds, shillings, and pence, that
the Legislature possesses a claim to Irish gratitude.
That the claim will be acknowledged, even in the face of I
this return, we dare hardly expect.

IRELAND.
THE DISTRESS.—VOLUNTARY RELIEF.
DUBLIN, Nov. '4,—Thi re are further gratifying evi-
dence:, of
.raprovernent in the ice° tuts rcce: t.e,l from
the country this day, and there ai 6 far fewer statements
of destitution among the peasarrry. The constabulary
returns received at the office in Dublin Castle, this
morning, do not report a single food outrage. The
system of voluntary relief is extending. The public
works are now pretty generally in operation ; and alto-
gether the reports are much more favourable. But,
nevertheless, there is still a vast amount'of destitution,
and of terrible suffering in almost all parts of the country.
There are, in every locality, hundreds who are unable
to work, and for whom the poor-houses cannot afford
accommodation. It is only by such measures as those
adopted in Clonmel that these unfortunate beings can
obtain the means-of existence. The subjoined is a re-
markable illustration of voluntary relief :
" Clonmel, November '2.
"A very important meeting took place here to-flay.
It originated with the Society of Friends (male and
female), whose character for humanity and benevolence
is so well known and appreciated. On this painfully-
interesting occasion the great principle of charity was
well sustained, all sects and classes having cheerfully
promised to co-operate with the good men who set on
foot a subscription for the purpose of establishing in
Clonmel a soup depot, where a substantial and nutritious
article might be obtained by all in need of-it at a merely
nominal price.
" According to the present arrangement it is expected
that the committee will be able to give out daily 400
gallons, at about one penny per quart, and that the de-
creasing fund will be aided by occasional contributions.
The meeting to which I have just alluded in brief terms
was held in the Savings' Bank, and at which the mayor
presided. Considerable discussion took place ; but,
with the exception of differences as to minute details,
not a dissentient voice was heard ; all—all seemed in-
fluenced by one common impulse—namely, the desire to
rally round the poor at this season of awful privation.
Upwards of 1001. were subscribed on the spot, with a
promise of further aid when required. By Saturday,
I expect, the soup will be in process of distribution ;
and I have the assurance of a leading member of the
committee that the materials will be of the very best
description.
" I believe I may congratulate Clonmel on its being
the first town in the south to begin the good work. May
it go on and prosper ; and to our affluent neighbours I
would say—' Go, thou, and do likewise.'
" The benevolent rector of Clonmel, the Rev. Mr.
Palliser, was the second chairman on this occasion."
The following accounts are supplied by the provincial
journals :
COUNTY OF TIPPERARY.—PUBLIC WORKS.
NENAGH, Nov. 4.—The expenditure on public works
in the baronies in this division of our county, namely,
Upper Ormond, Lower Ormond, and Owney and Arra,
under the county surveyor, A. H. Crawford, Esq., and
Lieutenant Miller, Royal Engineers, amounts in the
present week to between 1,000/. and 1,200/.

The Rev. James Bermingham, P.P. of Borrisokane,
thus writes to the Tipperary Vindicator:—" The Board
of Works have exhibited unusual activity in this district
for the last ten or twelve days. The consequence is,
that our apprehensions of food riots are diminishing, and
the spirit of sullen discontent is beginning to subside.
This state of things must be attributed, in a great mea-
sure, to that excellent officer Mr. Holmes, whose untir-
ing exertions to advance the public works and employ
the poor are beyond all praise."
OPPOSITION TO THE TRANSIT OF CORN —On Satur-
day last, about mid-day, a large body of men, women,
and children assembled on the road near Birdhill, to
prevent about fifty car loads of corn from being brought
into Limerick. Seven loads of the corn belonged to
Caleb Going, Esq., who, not wishing to see the unfor-
tunate peasantry shot down, ordered his drivers to re-
turn with it to Traverston. Mr. Tabuteau had been on
the spot at the time, with a party of military from Castle
Connell, and read the Riot Act, but seeing that the
owners of the corn did not wish to proceed to Limerick,
but preferred returning home with it, no injury to life
or property occurred.—Nenagh Guardian.

-MEETING OF THE FARMING CLASSES.—We under-
stand that the farmers of Ardcroney and Borrisokane
parishes intend to hold a meeting on Thursday next, to
memorialise his Excellency the Lord-Lieutenant to grant
a sum of money, by way of lean to farmers in proportion
to the quantity of land they hold, to enable them to till
their farms, and procure seed for the ensuing crops,
many of them being totally unable to do so, and thereby
be compelled to abandon all tillage for the next season.—
Nenagh Guardian.
COUNTY OF MAYO.

CASTLEBAR, Nov. 3.—We have heard that a vast
number of the poor labourers throughout the county
have been set to work within the last week on the public
roads ; but we are sorry to say that a greater number
still remain unemployed. It is really pitiable to see the
old and the young endeavouring to combat the raging
element in trying to earn a day's wages. Might not a
certain portion of the work be carried on under some
temporary covering ? For instance, the breaking of
stones, and the preparing of other material for the
roads.

DEAT/E FROM STARVATION !—We have had occasion
to record the deaths of some victims to hunger ; one
other we have to add, which occurred at Ballycastle on
Thursday. . The sufferer was a poor woman named
Bridget Tomish. At the inquest—after the examination
of Dr. Neilson, who deposed that there was about two
spoonfuls of flour and a small quantity of meal in the
deceased's stomach—the jury returned the following
verdict : " That the death of Bridget Tomish was
hastened by the want of sufficient food for a length of
time."—Mayo Constitution.