The Sun.
London, England, 1848-07-14 00:00:00

fo r thieves in the Mint, and there found. the man they
w& re in search of dancing with some Iv( )men in one of
tht rooms upstairs. The moment the p risoner saw the
pol ice were after him, he made a bolt oat of the room
dos vn stairs followed by the policeman, but instead of
twining out of the house, he stopped short, and concealed
himsolf in a dark corner on the staircase. The police-
man, aware that the prisoner was still on the premises,
begi.in to search about for his man, and when he ap-
proached the spot where he was concealed, the prisoner
made a stab at him with a knife, which fortunately he
avoided by falling back, and having his truncheon out,
he struck his assailant a blow on the arm, which disabled
it, and made him drop the weapon. T'ae prisoners was
then secured and taken to the station-house.
The prisoner said that the police were mistaken in his
identity, and that he had not returned from transporta-
tion before the expiration of his sentence.
Sergeant Watkins, however, was called, and he proved
that the prisoner was tried and convicted of highway
robbery at the Old Bailey in 1846, and sentenced to
twenty years transportation.
The prisoner then said that he should decline saying
anything further on the subject of the charge until a
more fitting opportunity.
The MAGISTRA.TE said that ho should commit the pri
soner for trial.

RAILWAY COMMITTEES.
(YESTERDAY.)
HOUSE OF LORDS.
LORD SHAFTESBURY'S COMMITTEE—WHITE-
HAVEN AND FURNESS JUNCTION RAILWAY (Exten-
sions).—Preamble proved and clauses agreed to.
GROUP No. 4.— LONDON, BRIGHTON, AND SOUTH
COAST RAILWAY (Power to Purchase Steam-boats).—
Case for the promoters further considered.

CESAREAN OPERATION.
A Caesarean operation, as it has been called, from
being the mode by which Julius Caesar made his en-
trance into the world, was skilfully performed by Mr.
Strafford a few days ago, in this town, on a poor
woman named Abbott. She was a native of Chid-
dingly, a village in this county. In person she was
almost a dwarf, and her lower limbs so curved as to
strike with astonishment many medical men who saw her
that a person so deformed should have entered into the
matrimonial state at all, or that any man should have
wedded her. Though so dwarfish and deformed she
possessed a good and clear intellect, and displayed
the utmost courage, patience, and submission through-
out her long and severe trials. We understand that
the deformity is hereditary, for the legs of her
father are useless, and only a few inches in length.
As it was known it would be a difficult case the friends
of the woman had her removed to Brighton, where
there is much greater amount of scientific skill than
could of course be found in a small country village. She
accordingly took up her residence at her mother's, in
this town, and Mr. Battcock attended during the first
three days and nights of labour, when, being ex-
hausted, his partners, Messrs. Paine and Strafford, took
his post by the bed-side of his patient. The time was
now come when it was necessary to decide on sur-
gical operations. The chloroform was administered,
and, though the patient retained perfect possession
of her intellects throughout the trying period, she de-
clared that she was quite insensible to pain. The
operation is of a nature which precludes any further
allusion to it in a publication of this kind, though it will
probably be explained at length in medical works, as it
was attended with some circumstances of deep in-
terest to the profession. We can only add, therefore,
that the poor woman was delivered of twins—one
alive; the other had died previous to the operation.
The medical gentlemen present were Drs. Plumer
and Allen, Mr. Parsons, house-surgeon at the County
Hospital, Mr. Paine, and Mr. Strafford, who, as in
other extremely difficult cases in which he has ope-
rated, was perfectly successfull. It was performed, we
understand, in the most scientific and skilful manner,
to the entire satisfaction of all present. The shock
to the constitution in a case of this kind is,
medical men assure us, tremendous, and against which
no skill, medical or surgical, is available ; and it is
with regret we add that the poor woman ultimately sank
under it. Her constitution was not strong enough to
rally and recover ; otherwise, in a stronger constitution,
it is possible for a patient, even in an operation of this
kind, to rally. It is, we understand, one of the most
difficult operations in the whole science, and its skilful
performance reflects the highest honour on the profes-
sion, as on this occasion. The other child died a few
hours after delivery.—Brighton Herald.

IMPER I

HOUSE OF COMMONS.
GROUP No. I.—EDINBURGH AND GLASGOW RAIL-
WAY AND EDINBURGH AND BATLIGATE AMALGAMATION.
—Clauses further considered.
EXETER AND EXMOUTH RAlLWAY.—Preamblo passed
and clauses considered.
LANCASHIRE AND YORKSHIRE RAILWAY (Amend-
ment of Acts and Regulation of Capital).—Preamble
passed and clauses considered.

ELECTION COMMITTEE.
DUBLIN.

The scrutiny into the validity of Mr. Reynolds' majo-
rity was resumed yesterday, but the petitioners failed to
strike off any additional votes. A lengthened argument
arose upon the allegation of the Counsel for the sitting
Member that the grand cess was not a legal municipal
rate within the meaning of the Reform Act; but the
Committee adjourned without coming to any decision
upon the point.

THAMES.
Reuben Avery, police-constable of the K division, 216,
appeared in his uniform, before Mr. Ballantine, by order
of the Commissioners of Police, to answer a charge of
assaulting Henry Watson.
The complainant, a man of respectable appearance and
address, is a shipwright, residing in Bow-lane, Poplar.
He came into the Court upon crutches, and the Magis-
trate directed him to a chair, and he was seated while
giving his evidence.
It appeared from his testimony that he had been ac-
quainted with the defendant for three years, and that a
tealale, whom Avery has since married, formerly lodged
in his House, and contracted a debt. He had made more
than one application to Avery for the money, and he
refused to pay it, on the ground that the debt was con-
tracted before his marriage. On the night of Saturday,
the 15th of April, about a quarter past nine o'clock,
Watson met the policeman on his beat, in Robin Hood-
lane, near the East India Dock entrance, and asked him
if he intended to pay the debt of 103., which had been
so long owing. Avery said he had nothing to do with
it, and desired the complainant not to trouble him while
he was on duty. Watson, however, repeated his de-
mand, walked alongside the police-constable, and touched
his cape. He had no sooner done so than he received a
violent blow on the right leg, which felled him to the
ground. He endeavoured to rise again, but could not,
and found his leg was broken.
Mr. Pelham made a defence for the defendant, and
said he was instructed that the complainant had been con-
tinually annoying the police-constable, and on the par-
ticular night in question followed him up and down his
beat and pulled his cape, and on pushing him away Wat-
son fell and injured his leg.
Mr. BALLANTINE said it was clearly made out the
man's leg was broken by the policeman, and the provoca-
tion was so very slight as not to justify the use of the
truncheon at all. He was asked to dispose of the case
summarily, and should do so. He did not know what
effect his decision might have, but if the defendant was a
violent man, using his truncheon in such an unlawful
manner, ho ought not to be in the force one moment
longer. He should treat this as a very serious case, and
inflict the full penalty of Si. for the assault or two months'
imprisonment.
Watson appealed to the magistrate for some compen-
sation, and said he could never work at his trade again,
and his family were helpless. The costs of his witnesses
amounted to 15s.
Mr. BALLANTING said if the fiae was paid the com-
plainant should have his costs, and that was all he could
do for him, Ile then altered his sentence, inflicting a
fine of 41. ss. and 15s. costs.

THE WEATHER AND THE CROPS.—We have now
arrived at a very critical time of the year, and
have therefore been at some pains to ascertain the
actual state of the crops in this county. On
former occasions we have observed that there is a
great breadth of land under wheats ; generally
speaking, the plant looks healthy, but it is not stout,
and the heavy rains it experienced during the time of
its blossoming, will be detrimental to the "cast ;" such
a yield therefore as that of last year may not be ex-
pected in the present, though a fine genial
harvest would unquestionably give an average crop.
The Lent grains wear a most promising appearance,
the barleys in particular. Last year, it may be re-
collected, the failure of beans was general; this year,
the stalk is short, but there is every prospect that of
both beans and peas the crop will be good. From
the hop plantations our reports, on the whole,
are favourable; the cold nights of the early part
of the week were beginning to tell, but the return
of more genial weather has effected great improve-
ment. The hay harvest has been much retarded by
heavy rains; considerable damage has, without doubt,
been done, especially as the swathe is heavy. The return
of fine sunny weather on Wednesday last has enabled
large breadths of hay land to be cleared, and the late
mown grass is being harvested very favourably. On all
hands we hear most encouraging reports of the potato
plant ; we have ourselves looked over a large number of
acres in various parts of the county, and never saw the
potato crop look more promisingly than it does at pre-
sent ; the haulm is very healthy—not the least appear-
ance of disease.—Bereford Times.
SCOTLAND.—During the last week (says the In-
verness Courier) the weather has been somewhat chill,
and not just what is required in July. Occasionally,
slight serviceable showers have fallen, but the cry is
for more sunshine. Still the crops progress well.
Having made a short excursion in the early part
of the week, it gave us great pleasure to
observe the luxuriance of the fields. In the Aird the
wheat and barley crops promise to be abundant, and
they are generally in ear. From Beauly to Ding-
wall, and up Strathpeffer the same remark applies;
and at Highfield we observed a thick though uneven
braird on land newly taken in, and which a few months
ago, from the quantity and size of the stones, and other
difficulties, seemed hardly worth the expense of reclaim-
ing. At Island Bank, Culcabock, and other places in
this neighbourhood, the oats are in ear ; but we suspect
a portion of this crop will be short in the
straw. Potatoes generally are most luxuriant ;
but in several parts of the Aird, and our
own immediate neighbourhood, we have observed the
crumpled leaves and sickly stems usually indicatitive
of the curl. We hope we are mistaken ; but, at all
events, this appearance is limited. Turnips have now
all been got in, and in good order. In the hay-fields
the scythes are at work, but this operation might now be
much more general. It is a complaint against. our intel-
ligent farmers that they are always too long in cutting
their grass. They allow it to ripen too much, and cut
it when dry and wiry, instead of when sweet and
succulent. A gentleman who has recently traversed
great part of the west coast in Innverness-shire and
Bose-shire, the Long Island, Skye, and the districts of
Ardnamurchan and-Stontian, in Argyllshire, informs us
that appearances are highly promising. There has never
before been so great a breadth of corn sown in these
localities; the potato crop is scarcely a fourth of what it
used to be in former years, before the blight was known;
but wherever potatoes are met with the plants are
vigorous and healthy. The people express themselves
gratified with the prospect before them, and only desire
that the herrings would be a little plentiful.
SUICIDE AT THE CAVALRY BARRACKS, WIND•
SOR.—An inquest was held at the Cavalry Hospital,
Windsor, on Tuesday afternoon, before W. Marlin, Esq.,
the coroner for the borough, on the body of a private in
the 2d regiment of Life Guards, named George Baxter,
19 years of age, who had blown out his brains with his
carbine, loaded with ball, the day before. The unfor-
tunate man, it appeared, had been about seven months
in the Life Guards, and had since been for some time in
the hospital with a bad leg, which seemed, however, to
have no effect upon his general health. The dread of
the hospital seemed to prey upon his mind. The de-
ceased, as a recruit had been drilled, but had never
done duty. Alexander Hopper, a witness, was with
him in his room ten minutes before he shot himself.
There were four or five carbines in the room, and also
cartridges, which had been served out to the men. He
sat on the bed at the time he committed the act, the
butt-end of the carbine resting on the ground. William
Jenkins, another private in the regiment, stated that he
heard no complaints made by the deceased of the low-
ness of the diet at the hospital. James Nisbet Connel,
the regimental surgeon, said—l attended the deceased at
Knightsbridge Barracks, who had an ulcerated leg, from
May 9to June 2, when he was discharged as well. I
at first, when he enlisted, rejected him, on account of his
being so very slight and young, but the Colonel agreed
to take him, as he said ho might improve. He came
from Dundee. The jury returned a verdict of " Feb° de
se, under the dread of again going into the hospital."
FELINE SAGACITY.--A boy herding cattle in the
vicinity of this village, a short time ago found a young
squirrel, and brought it home to his father's house,
which he placed beside a cat having young. Puss im-
mediately took it under her protection, and suckled it
as she did her own kittens. An instance still more sur-
prising happened lately at Lochtayside. A cat there
having three kittens, two of which had been drowned,
baudrons quietly went out to a rabbit burrow, and took
in two young rabbits, which she is still rearing with
maternal fondness along with her own surviving kitten.
—Perthshire Advertiser.
EXTRAORDINARY ENCOUNTER WITH A DOG.—A
few days since an extraordinary encounter tool place at
Hurst. A professional gentleman at that place had
given instructions to his servant to destroy a dog of the
setter and bloodhound species, on account of its ferocity;
but the man instead gave the dog to Mr. Richard Mer-
chant, who proceeded with it about eleven at night to
his home at Edgerley House, leading it by a chain. On
the way the dog made a spring at Mr. Merchant, who
was enabled to keep him at bay for some time, and being
an active runner thought the best plan to adopt for
safety would be, if possible, to reach his dwelling by a
gate in the garden hedge, the night being dark; he missd
the gate, however, and the dog came up and sprang
at him in the ditch. The only chance left him then was
to seize the dog as he came at him, which he fortunately
did with both his hands. A struggle took place, in
which Mr. Merchant obtained the mastery, and throwing
the dog on his side knelt on him and held him with one
hand for an instant while he drew his penknife from his
pocket with the other, and opening it with his teeth, cut
the dog's throat, but not effectually, as the blade of the
knife broke in two. Mr. M. made two gashes in his left
hand as well. The dog was now losing power by the
loss of blood, and Mr. Merchant left him to proceed to
the surgeon as speedily as possible to get his wounds
dressed. The dog again endeavoured to follow him, but
was lost sight of till Mr. M.'s return, when he found
him a short distance from the spot, having bled to death.
—Brighton Guardian.
TILE SOUTH DEVON RAILWAY.—The telegraph
upon the line has been completed during the week to
Lairs, and is now, we believe, in full operation. The di-
rectors having agreeed with Mr. Rendle, during the past
week, will forthwith take possession of a portion of the
nursery in his occupation, between Devonshire-terrace
and King-street, and the works will be recommenced
aarere withoutibnei
an delay.
being
rbeautitbTh e
statey of Daintonßolton
db engineeswt
s a t t
sth, o
the
r es
een
gao nfn de
sme,
ng
ei
nn whichse
es
size, and are constructed differently from those at the
other stations ; they will work horizontally, instead
of perpendicularly, the exhausting cylinders are 7 feet
8 inches in diameter. About five miles of pipe are laid
between Newton and Totnes. The Totnes engines are
not so forward; in fact, it is said, the engines at that sta-
tion will not be required for the opening to Totnes, as
the powerful Dainton engines would create a vacuum
sufficient before the train passed Dainton, to take it down
to Totnes, and vice versa. We are sorry to find that the
Torquay branch is not being pushed. We had hoped
that this capital feeder for the trunk line would have
been finished ere this.— Western Llaninary,
The Ecclesiastical Commissioners for England had a
general meeting yesterday, at their office in Whitehall-
Owe.

WINDOW GLASS A FEN:WENT CAUSE OF FIRE.

A farmer in the neighbourhood of Ayr had his farm
steading improved and additions made to it lately. In
an attic apartment, containing a bed for the servants,
the light was admitted by three or four single panes of
glass in the roof. One of these panes, for greater
strength, was selected from the centre of a sheet of
glass, having what is commonly called a knot in it; and
this knot was found, from its convexity, to act as a
powerful burning lens when the sun was shining on it.
The bed was directly opposite to this pane, and acci-
dentally placed at such a distance from it that the rays
of the sun passing through it were collected into a focus
sufficiently strong to burn the woollen covering of the
bed. The smell of burning wooden attracted the family
one day to the bed, when they found a large
portion of the covering consumed. It was at
once conjectured that some of the servants might
have accidentally set fire to the covering in
lighting their pipes. Unfortunately ,for this conjec•
ture there were no smokers among the servants, 'nor
had there been any lights or fire in the room, so that
some other cause had to be sought after. The farmer,
at length, thinking that the pane of glass might have
something to do in the affair, tested its power as a burn-
ing lens upon a piece of cotton cloth, which was very
quickly consumed. He immediately placedfa screen be-
tween the bed and the pane, so as to prevent the collec-
tion of the rays of the sun into a focus, and this acted as
a safeguard. Lately the screen was accidently displaced,
and the burning-glass was again allowed its full power.
On this occasion a large portion of the covering and
blankets was destroyed. Had the textures been of cot-
ton instead of woollen, there can be little doubt that the
destruction of the steading might have taken place on
either of these occasions, and if they had upon the first
occasion, the real origin of the fire would, in all proba-
bility, have remained for ever a mystery.
MYSTERIOUS DEATH AT GLASGOW.—About six
o'clock on Sunday morning two of the carters in the
employment of Mr. M'llwham, contractor for the
General Harbour Terminus Railway, proceeded to
the stable in Bolton-street, near Kinning House, and
were surprised to find that the private watchman did
not answer to their summons for admission. One of the
men effected an entrance from the back part of the
building, and found the watchman, whose name is
John M'Lachlan, lying at the foot of one of the stalls,
quite dead, with a large lacerated wound on the
upper part of his head. At the other end of the stable,
for it is a large one, and accommodated 19 horses, the
two carters found a man, named M‘Ginty, and his wife,
with tbeir little boy, lying in a stall asleep, or ap-
parently so; but on being aroused they denied all know-
ledge of the manner in which MlLachlan met his
death. From subsequent inquiry, it appears that
M`Ginty and MiLachlan were acquainted, and had
been together on the Saturday night, when a good deal
of drink was going; but at twelve at night-, when they
were last seen, M‘Lachlan was quite well, and not
drunk, though hearty. M`Ginty and his wife were in
the same state. It is said that the noise of quarrelling
was afterwards heard in the stable or near it, by a person
who lives in the neighbourhood. A good deal of doubt,
therefore, exists as to the cause of the man's death, though
the probability is that having lain dewn io the stable
he was killed by a stroke from a horse. If the
watchman met his heath unfairly plunder could not
have been the object of the assailants, for when dis-
covered there were 13,. sd. in his pockets. At all
events, Captain Wilson, who has been making an in-
vestigation into the case, has considered his duty to
take M-Ginty and his wife into custody. The
locality being in Renfrewshire, a full report of the
circumstances was by nim transmitted early yesterday
morning to the Procurator Fiscal of Paisley (Mr.
Rodger), and that gentleman, accompanied by Dr.
Macinlay, arrived in Glasgow in the course of the
forenoon, with the view of carrying out the
investigation. The locality was minutely examined,
but nothing further was elucidated than what
has been above stated. The fiscal immediately ordered
a post mortem examination of the body, which was per-
formed by Dr. Stewart, of Portland-street, and Dr. Mac-
inlay. The opinion of the surgeons we understand to be,
that the man's death was occasioned by a fracture of the
skull, produced from a_ blunt instrument; so that the
case remains involved in as much mystery as ever. In
the meantime M‘Ginty and his wife are still in custody.
—North British Daily Mail.
CLASSES EXPOSED TO INSANITY.—" It has been
affirmed that the classes from which asylums are
peopled, especially with cases of excitement and per-
version, can readily be pointed out in society, and that,
with a moderate degree of penetration, the ultimate mental
condition—the fate of particular individuals and families
may be foreseen and foretold. These aro tendencies, and
habits, which pursuits lead directly to mental disturbance
and unsoundness; but there are likewise qualities and
dispositions which, of themselves innocuous, are gradually
developed and exalted, and matured into extravagance,
eccentricity, and disease: there is an education provided
in many of our social arrangements which promotes and
by precipitates the process: there is a moral atmosphere cre-
atedthe prevailing
which
may
tone i religion,n
act p
favourably
those
or
mercialenterprise,
strong
s fataland
to
stern
thefragile temperament,and oru s cmayept i
in)
loot. actTh
The
tal
all,
tbut
pv
Her-
cules
r
in frame and intelligence mays fall beneath the blows
of misfortune, or the crash of a panic; but imaginative and
ther
excitable minds are affected and wrecked by the influencverye
ofcourted.
ot rspecific
they have been subjected, the course which they pursued,
his-
tory os
tcai taonr
and the
of the destiny
insane
, whe
the disease has been or can be assigned, there will be
generally found some peculiarity of thought or conduct
which has issued in eccentricity; some acute suseeptibi-
nilfg
hus to while
of ordinary circumstances, by
susceptibi-
lity of feeling which by indulgence and cultivation, ter-
minates in melancholy; somt infirmity of purpose, which
becomes incapacity; some irritability of temper, which
expands into violence; some vain, but cherished opinion,
which eventually menopolises the whole mind; some se-
cret, some bidden spring of hope, or ambition, or fear,
which may be a foible in youth, but is regarded as
folly in manhood—which may be compatible with
prosperity, but is laid bare, and exposed as visionary
and preposterous under misfortune. If imbecility is
often indicated by such minute irregularities as absence
of mind, reverie, abstraction, forgetfulness of facts or
persons, so are other forms of alienation preceded by
mere gentleness and feebleness of character, by slight in-
consistencies, or contrarieties of disposition, or even
oddity in dress. While it may be held as certain that
physical disease is the cause or contemporaneous condi-
lion in every case of aberration, there are a number of
patients whose previous history presents little for obser-
vation, except some pre-existing or premonishing pecu-
liarity or perversity."—From No. 111. of Dr. Forbes
IT inslow's Journal of Psychological Medicine.
We have just now glorious weather for the harvest,
and everything looks well and full of promise. Fine
new potatoes have been sold in the market to-day at is.
per score.—Western Luminary.
The Antwerp Company's steam-ship Antwerpen,
Captain Jackson, arrived at the St. Katharine's Wharf,
Tower, yesterday morning, at a very early hour. The
passage was made in nineteen hours, and the passengers
were numerous.

THE SUN, _LONDON, FRIDAY EVENING-, JULY 14, NIB

copies of the correspondence between the Colonial-office he had lent his money with a very ditterent eye. The
and the Hudson's Bay Company on this subject, and of I eventual danger of a deficient fund was ever present to
the charter, if any, granted to the company. his mind. If he were enabled to do so, he would in-
Mr. HAWES said the inceeiry was proceeding, and stitute proceedings for a sale before it was too
whilst so it would not be well to lay the papers on the late. By doing so he would do a real service
table. The charter, we understood, would be granted to the improvident owner, and an inestimable bene•
in the usual way. The Hon. Gentleman was scarcely fit to the tenantry of the portion which might
audible in the gallery. be sold. The amendment which he had the honour
BOROUGH ELECTIONS BILL. to move would clothe the minor incumbrancer with this
On the motion for the House resolving itself into a power ; and it would, he believed, go far towards the
Committee on the Borough Elections Bill, gradual encouragement of what was so desirable, but
Lord J. RUSSELL said that he would take that op- what, at. present, did not practically exist in Ireland—a
portunity of stating that it was his intention to move to market for land. People talked of bringing land into
discharge the order for going into Committee on the Bill the market. Into what market ? If they meant by a
for the purpose of introducing a measure for the conside- market the competition of small capitals for moderate
ration of-the House, the outline of e hioe he would shortly - portions of land, he could understand it ; but if they
state. The House was aware that an Act of Parliament meant a forcing of large estates unbroken and in great
had:been introduced, in 1842, for the better discovery of numbers suddenly to sale, then he would tell them that
bribery and treating. By that Act it was provided that the only practical effect would be to depreciate most
in cases where bribery had been abandoned the Com- ruinously the present value of land, and to hand over a
mittee should have the power to report to the I louse vast portion of the soil of Ireland to a class of mere land-
whether or not further investigation was needed, and upon jobbers.—(Cheers.) Be was sure that such was in n
that report the House should proceed to appoint another respect the purpose or aim which the framers of the Bi I
Committee to consider the grounds of the abandonment had in view. But he very much feared that such would to
of such Bill. Now, in the Bill he intended to introduce, some extent be its unintentional tendency, if some means
he proposed to extend the provisions of the measure to were not found of permitting portions of estates rather
which he had just alluded, and to propose that in all than entire estates to be sold in liquidation of minor in-
cases where charges of bribery and corrupt practices cumbrances. lie had heard with the deepest interest
were made, whether made et the original petition the speech delivered on a former day by the Right Hon.
or by way of recrimination, the E'ection Committee Baronet (Sir J. Graham) ; and by nothing was he more
should proceed to investigate such charges, and if they struck than by the caution with which he guarded his
found the parties did not bring before them evidence of strenuous support of the principle of the Bit from any
such bribery and corruption, he should propose that approval
.of recklessly throwing more land upon the
they should then have the power to proceed, and to re- market than the capital of Ireland could appropriate,
port to the House, that in their opinion further investi- and thus incurring the incalculable evil of general de-
gation was needed in respect of such practices, and to preciation. The amendment would restore the second
ascertainwhether such practices had extensively prevailed. clause to the condition in which it stood when the Bill
He intended also to propose that the Committee should was originally introduced into the other House last
have power to report further whether such inquiry year ; and he earnestly hoped, therefore, that her Ma-
should be made by the same Committee or by commis- jesty's Government would not refuse to adopt it.
sioners on the spot, If the Committee reported that the Sir J. GRAHAM, being most anxious to forward the
inquiry should take plaCe before the same Committee Bill before the House, was not desirous of instituting
then he proposed that that Committee should assemble any discussion which would consume time ; but he felt
within fourteen days, and that the Speaker should bound to state his concurrence in the views of the Hon.
appoint an agent to conduct the investigation. But, Gentleman who had last addressed them respecting the
supposing the Committee should recommend an inquiry sale of estates in large masse'. By the Stamp Act as it
by commissioners on the spot, then he :proposed that existed there was a saving effected by selling large por-
the Speaker should notify to the judge of assize tions, while the small sales were obstructed by its ope-
where the offence had been committed, that the ration. He thought that the object of the Act would
House of Commons. had determined that the inquiry be considerably promoted if an alteration were effected
should be made into the subject, and the senior in this state of things.
judge should then proceed to nominate barristers, The SOLICITOR-GENERAL was sorry that he
not Members of Parliament, on the commission. could not accede to the amendment, and he thought the
lie proposed that the commission should investigate all House would see that the retention of the words pro-
the circumstances attending such bribery and corrupt posed to be omitted, instead of interfering with the ope-
practices, and that they should report their views upon ration of the Bill, would be beneficial.
each case to the House. lie proposed to make it a The amendment was then negatived, and the clause,
general rule to apply this Bill to all boroughs whose with some verbal amendments, was adopted.
Members had already been unseated, while the future Clauses 3,4, 5, and 6 were adopted without discussion.
application of its provisions should depend upon the re- On the motion that clause 7 stand part of the Bill,
port of the Select Committee appointed to sit on Mr. NAPIER said that he was strongly of opinion
election petitions, as to whether a further investigation that powers of a more extensive nature should be given
were required or not, and whether it should be made by to the Lord Chancellor to frame proper orders and rules
the commission, or by a Select Committee. These were respecting the petitions to be presented to the Court
the general provisions of the Bill, but before he sat down under the Act.
he must state that he proposed to introduce a clause to The SOLICITOR-GENERAL thought it right to
indemnify the parties who were examined before the leave technical details as much as possible to the Lord
commissioners from the penalties of the ex- Chancellor; but he was at the same time opposed to de-
isting bribery law. He would now proceed legating to others the powers of right belonging to that
to move that the orders relating to the House. It was provided by the fifth section of the Act
Borough Election Committee and the Horsham Borough that every petition brought before the Court should set
Bill be discharged, with the view of asking leave to in- forth the estate of the petitioner, his interest in the
troduce a Bill to inquire into the origin of bribery and land or lease, and the uses and limitations or trusts to
corrupt practices at elections. which the land stood limited; also all incumbrances by
On the question being put, which it was affected. Now he was sure the House
Colonel SIBTHORP rose to protest against the Bill would see that it was necessary to make this compulsory
being introduced at this late period of the session. by a section of the Act, in order to economise the time
Unless the Noble Lord gave more cogent reasons for the of the Court by making it impossible for persona to
introduction of the Bill than he had done, he should feel come before it with fictitious cases.
it his duty at the next stage of the Bill to move that it Mr. B. OSBORNE believed that unless the Bill were
be proceeded with that day six months. carried out by Commissioners appointed for the purpose
Lord JOHN RUSSELL, in reply to a question of it would be a failure, on account of the complexity of
Lord Lincoln, said the first clause of the Bill which he its provisions.
proposed to introduce directed that a General Election The SOLICITOR-GENERAL said that such an ar-
Committee should appoint a Select Committee in rangement would be attended with great expense, and
regard to those boroughs which had been made the subject the strongest desire of the framers of this Bill had been
of inquiry, and in respect to which petitions had been to avoid throwing additional expenses on these incum.
already investigated, and those boroughs mentioned in the bared estates.
schedule (Derby and Leicester) would be all the boroughs After a protracted conversation, in which Mr. R.
to which that clause should apply, and a Select Palmer, Colonel Dunne, Mr. Napier, the Solicitor-Ge-
Committee might be appointed in the first place neral, and Mr. Monsell took part, the Committee di-
by the general Committee of Elections, who should vided, when there appeared—
report whether a further investigation should be entered For the clause 64
into by a Select Committee or a commission. In reply Against it
to another question of the Noble Lord, whether, if Majority for the clause —s6
a case of bribery had been sufficiently made out, The clause, after some verbal amendments, was then
but was not bronght home to the Member him- ordered to stand part of the Bill.
self or his agents, the borough would be affected Clauses Bto 28 inclusive were then agreed to.
by it, he (Lord John Russell) thought that the case in On clause 29,
point was already met in the Bill; but, if the words were Mr. OSBORNE called attention to the charge of
riot stiffsufficiently comprehensive he would take care to " usher's poundage," which he said was given by the
render them so. late Lord Clare to his son, when in the cradle, and pro-
After some observations from Mr. MULLINGS and Mr. duced to him 150,0001. before he came of age. He
HUME, the motion for the committal of the Bill was wished to know how the Hon. and Learned Gentleman •
withdrawn, and the Noble Lord obtained leave to bring proposed to deal with that charge of 2e per cent?
in his Bill. The SOLICITOR-GENERAL stated there was a
BUSINESS OF THE HOUSE. proviso exempting from that charge all sums paid to
In answer to a question from Mr. NEWDEGATE, the credit of the Accountant-General of the Court of
Lord J. RUSSELL said that he meant to go on with Chancery under this Bill.
the Incumbered Estates (Ireland) Bill, and if not finished The clause was then agreed to.
that evening, would proceed with it to-morrow (this On clause 30,
day). After that, it was his intention to take the Lords' Colonel DUNNE said it was the first of a very im-
amendments to the Evicted Tenants (Ireland) Bill. portant series of clauses, which he thought ought not to
PRIVILEGES. be discussed in so thin a House. He would, therefore,
Mr. OSBORNE complained that on a former evening move that the Chairman do report progress.
the Hon. Baronet the Member .for Marylebone had ae- Sir G. GREY thought a small house was the most
cused the lion. Member for Mayo of having wilfully proper for such a discussion.
abandoned his intention of bringing the Irish Church Mr. NAPIER suggested that the discussion might
temporalities under the notice of the House. Now the take place on the bringing up of the report, when he in-
fact was that the Hon. Member for Mayo was seriously tended to move the omission of this and the following
indisposed, and had been so for three weeks. thirteen clauses.
INCUMBERED ESTATES (IRELAND) BILL. Mr. GROGAN recommended that these clauses, re.
The order of the day for the Committee on the above hating to sales by the Court of Chancery should be post-
Bill was read. poned.—(" No, no.")
Sir GEORGE GREY expressed his hope that pre- Mr. OSBORNE said the postponement of these clauses
lirninary discussion would be avoided, so as that the would be in effect to give up the Bill.
clauses and their amendment might be disposed of. After a conversation,
Mr. HENLEY doubted very much whether the Bill Colonel DUNNE withdrew his motion.
would effect the object in view. The object was to keep Clauses 30 to 33 were then agreed to.
clear of the Court of Chancery; and lie feared that the On clause 34,
Bill would throw the estates more helplessly into that The SOLICITOR-GENERAL said he was most
court than ever. anxious to secure a bond fide sale when one took place,
The House went into Committee. and at the same time to avoid unnecessary expense. To
On clause I—the interpretation clause— secure due notice of the sale being given he would pro-
Colonel DUNNE proposed an amendment to pre-
pose an amendment, entitling every person who had en-
vent the sale of the fee simple to pay off incumbrances tered a caveat to personal notice at his abode, thereby
on the lico interest, which, after some discussion, was enabling him to take steps to restrain the sale if he
negatived ; the Honourable and Gallant Member inti- thought proper, and giving him the right to know the
mating that he would raise the question and take a divi-
price at which it was proposed to sell.
sion upon it at a more fitting opportunity, which the Sir J. GRAHAM thought this clause one which re-
Solicitor -General said would present itself on the 30th quired the utmost attention. It was most desirable that,
clause. in cases of sale, the full value should be obtained, and
The clause was then agreed to. all collusion prevented. For this purpose it had been
On clause 2, suggested that a public sale by auction would be the
The SOLICITOR-GENERAL moved to omit the best.—(Hear, hear.) The suggestion that the sale
words which limited the sale of the property under a should be in the master's office, with a right to the office
decree of the Court of Chancery, unless it sold for a to open the bidding, he did not approve; but to bale by
sum which should be sufficient to pay off all incumbrances auction there appeared no objection.
on the estate. No such limit existed as to sales by The SOLICITOR-GENERAL doubted whether a
private arrangement. public auction would be a security against fraud. He
The amendment was agreed to. thought frauds might be perpetrated under a sale by
Mr. M'CULLAGH proceeded to state the object of auction as well as under one by private contract To
the amendment of which he had given notice. The place the power of sale on the best footing, the parties
Bill, as at present framed, limited the right of petitioning ought to have the option of selling either by auction or
for a sale to the owner of the estate, to the first incum- by private contract, as was done in all cases in this
brancer, and the mortgagee who might hold the title- country where trustees had the power of sale. To bind
deeds in his possession. He was desirous of removing up the parties either to one mode or the other was in-
jurious. By making it the interest of the ♦vendors to sell
such limitation, and permitting any incumbrancer to
institute proceedings in a court of equity for a save. The for the largest possible amount the best security against
parties on whom the clause exclusively conferred the fraud was supplied. Besides, the cases in which traud
power were precisely those who in general were least could arise were comparatively few ; for the instances
disposed to sell.—( Hear, hear.) The owner of an estate would be very rare where it 'was the interest of the party
heavily incumbered has ceased too frequently to retain selling to do so at a reduced price. As additional secu-
any direct interest in its possession, excepting that rity he proposed to introduce a clause making all the
which he valued very naturally, and not undeservedly, parties to the sale liable in the case of fraud; and
the consideration and position which had come to him by thus the buyer in such a case would acquire no title, and
inheritance, and which, with the inheritance, he is con- both he and the seller, as well as the solicitor, would be
scious that he must lose.—(Hear, hear.) To expect such liable for the amount by which the full value exceeded
a man to initiate proceedings in equity for a sale would the sale prices. Probably a desirable course would be,
be idle. Were the highest price realised and all his cre- after all the incumbrancers had received notice of the
divers paid off, the balance in moneys numbered that sale, that the estate should be offered by auction, with
would remain could not enable him to maintain what is liberty to the seller, if no sale were effected, to offer it
familiarly termed his position in the county ; end if he by private contract. But even this might be produc-
happened to be but tenant for life, the interest annually five of inconvenience; and upon the whole he thought
payable to him out of court upon this residuum would be it would be best to leave the manner of the sale entirely
wholly inadequate to maintain him in that social sphere open.
in which he had hitherto moved.—(Hear, hear.) If you Sir J. GRAHAM was not quite satisfied that it would
waited until the insolvent, or nearly insolvent, owner pe- always be to the interest of the vendor to obtain the best
titioned for a sale, you might wait for ever. Then as to possible price.—(Hear, hear.) Where a mortgagee
the first incumbrancer, he believed it would be found that effected a sale he might have very little regard for the
the first incumbrancer was, generally speaking, interest of the heir in remainder. The uniform view of
a person holding a charge under family set- the law was, that a public auction was the best means of
tlement, or an old judgment on a bond. In Ire- securing a fair sale. He would not now press his sur
land these early charges and old judgments were looked gestion, but hoped it would receive the consideration of
' upon as about the best investment that could be had. the Learned Solicitor-General.
They were transferable, and always brought their full The SOLICITOR-GENERAL promised to endea-
price whenever they were sold. They were valued like your to frame a clause which should meet the views of
old pictures, which the possessor was always the less the Right Hon. Baronet.
disposed to part with, because he knew that they would Mr. MULLINGS said that no prudent trustees would
always bring him his own money. If, therefore, lands now effect a sale by private contract, until after they had
were never brought to sale until persons so circum- offered the property by auction.
stanced filed petitions in equity to raise the amount of Mr. SADLEIR thought it should be left quite open 0
these charges, sales to any considerable extent there to whether the public or private sale should be first tried-
would never be.—(Cheers.) As for the principal wort- At present scarce any mortgagee in Ireland had •
gagees, who had the title-deeds in their possession, power of sale by private contract ; and all judgment
those parties had 'usually taken very good care either creditors must necessarily resort to an auction under the
to buy up prior incumbrances before they lent any powers of the court. This incurred great expense, per_
considerable sum to the owner, or to leave a.
.tesufficientcrient titularly where the property was small ; and during the
margin of rent to secure the payment of their est. last two years there had been a growing disposition to
Sometimes these parties were wealthy individuals avoid those sales.
who had lent their money in this way as a per- Colonel DUNNE did not believe that many sales is
manent, safe, and profitable investment.l Sometimes fee simple would be operated under this Bill ; it wool;
they were joint• stock companies or money end. er ; but, principally affect the smaller gentry, few of whom were
almost invariably, they felt themselves to be in exactly holders in fee.
Mr. OSBORNE was certain that great frauds wetl!cl_
the position where there was seldom an • object or mo-
tive to institute proceedings for a sale.)--.(Loud cries of be committed, unless the utmost publicity was given to
.. Hear, hear.") The estate might deteriorate, as most the sale.
heavily incumbered properties are apt to do; but they Mr. MONSELL feared that a public sale would Wu-
were distant from the scene; indifferent to the slow riously affect small properties.
decay; safe, by their possession of the title-deeds, from The clause, as amended, was then agreed to, as *ere
the practical consequences of the evil. To wait till such clauses up to 50 inclusive.
parties filed petitions of sale would be to wait for ever. On clause 51 being put,
In the course of the discussions that had taken place The SOLICITOR-GENERAL proposed to make
see
upon this Bill, on a previous Flay, lie regretted to ob- addition to the clause, the object of which was to tnBlo
serve a tone of argument indicative in some sort of a parties who had by themselves or their agents teB.:o
feeling that after all this was a mere wrangle between fraudulent or collusive purchases of property, liable t
landlords and lawyers. But there was another and a make full compensation.
far wider interest concerned which he trusted The clause, as amended, was agreed tee
the House would protect and guard—he meant Clause 52 was agreed to.
that of the tenantry on incumbered estates in Ireland. Clauses 53 to 62 inclusive were agreed to. blase
Their position was most lamentable. Improvement was On the question being put from the Chair that e
unknown, and escape from evil impossible. Year after 63, as amended, do stand part of the Bill,
year the condition of the embarrassed property grew Colonel DUNNE moved that the clause be omitted.
worse, until, in the sad progress of deterioration, the The Committee divided, when there appeared--
time came when, every other duty of proprietorship For the clause
having ceased to be discharged, the collection of the Against it
rents devolved upon a receiver; and what misery and Majority --135
demoralisation was comprehended in that fatal phrase The clause was then agreed to.
it would hardly be necessary to explain. Now what Clauses 64, 65, 66, were agreed to.
was the condition of the puisne incumbrancer? He On clause 67,
,watched the gradual deterioration of the estate on which Mr. F. O'CONNOR tendered his thanks to the )I°ll'