The Sun.
London, England, 1869-06-10 00:00:00

assizes.

THE DUKE OF NEWCASTLE.

Mr. Baron Martin had before hilLi at Chambers on
Wednesday, the case of "Padwick v. the Duke of
Newcastle, Beyfus v. the Duke of Newcastle, and
Peters v. the Duke of Newcastle." The cases, on inter-
pleader applications, came before his lordship in
reference to the executions levied at the ancestral seat,
Clumber, Nottinghamshire, and also at Carlton-houte-
terrace. The several parties attended before the learned
judge, and the discussion occupied nearly a couple of hours.
A list of property at Clumber was produced by Mr.
Taylor, on which no claim was set up. It consisted of
live stock and other property which had been advertised
for sale. Besides the " heirlooms," set out in extensive
inventories at Clumber and Carlton-house-terrace, there
was other property, which was claimed by Mr. Gladstone
and Lord de Tabley under a bill of sale, under which a
claim was made on the 19th May. On that day the
Sheriff of Nottinghamshire had levied at the suit of Mr.
Padwick, and the question was now raised as to the
property seized under that bill of sale.—Mr. Baron
Martin said he supposed no money was advanced
on that day to the Duke of Newcastle by Mr.
Gladstone or Lord De Tabley. —Mr. Ouvry,
solicitor for the trustees, answered in the negative. It
was to protect certain preperty which was claimed by
them as trustees.— Mr. Norcott, for Mr. Peters, disputed
the claim of Mr. Padwick.—Mr. Tidy said he had an affi-
davit of the claim to £89,000. Some racehorses had been
sold to Mr. Padwick by the Duke of Newcastle, and were
seized under the executions.—Mr. Baron Martin, after a
long discussion, gave Mr. Norcott an issue on certain con-
ditions.—Mr. Tidy declined to contest the claim made by
Mrs. Hope as to property she claimed at Carlton-house-
terrace.—Mr. Abrahams said, as second execution creditor,
he would contest the right. Mr. Padwick had a security
on the life interest of the duke, and with his execution he
might have enforced it.—Mr. Charles Bowen produced
an affidavit of the claim of Mrs. Hope, but he wished to
state that, although the property was all her own, the
claim should have been made in the name of the trustees
of her late husband.— Mr. Abrahams said he had an
affidavit, and the present case must be treated as
an ordinary case.—His lordship said he should treat the
case as if the Duke of Newcastle was a chimney-sweeper.
—The affidavit of Mr. S. B. Abrahams, of Burlington-
gardens, was read, with advances by Mrs. Hope to the
Duke of Newcastle, and on other matters.— The learned
judge decided that the claim should be contested, and the
solicitors for Mrs. Hope to give an undertaking that the
articles should be forthcoming if required.—A question
was raised as to the sale of the property taking place at
Carlton-house-terrace. Both Mr. Tidy and Mr. Abra-
hams insisted that it should take place there, as the life
interest of the Duke in the house was to be sold.—Mr.
Baron Martin said be could make no order on the subject.
The sheriff could do as he thought proper.

LAW AND POLICE.

AN ALIEN CASE.—In the Vice-Chancellor's Court, on
Wednesday, a suit of some interest was tried before Vice-
Chancellor Stuart, A bill was filed by Mr. Sharp, the
trustee of some property, and its object was to determine
whether the Baron de St. Lanveur, being a foreigner,
who had married au English lady, was entitled
under her will to the benefit of a life interest in a bequest
of some land at Ealing. An alien being by law incapable
of holding land in England, the case turned entirely upon
the question whether the property was to be treated as
real or as personal estate. As real estate the bequest to
the baron was void, and the property, being copyhold,
either went the customary heir or escheated to the Crown.
As personal estate the Baron was entitled to a life bite.
rest. The Vice-Chancellor, after referring to the par-
ticulars of the deeds affecting the case, said that
it was evident the lady's intention was to give the
property to her husband, and he felt bound to put such a
construction on the will as would give effect to that inten-
tion. He should, therefore, declare that the property was
disposed of as personalty, and that the husband was
entitled to a life interest in the proceeds of the sale.
A MORTGAGE DIFFICULTT.—In the case " Perrin v.
Burbey," before Vice-Chancellor Malins, a bill was filed on
behalf of an infant to set aside a mortgage which had been
given by the trustees of her late mother's marriage settle-
ment, on the ground that such mortgage was taken with
knowledge of the settlement. The principal question in
the case was whether a person having an equitable
interest in an estate was entitled to priority over another
person who subsequently obtained an equitable mortgage
and the title-deeds from the apparent owner of the estate,
without any notice of the prior equitable interest. The Vice.
Chancellor dismissed the bill with costs, being of opinion
that the plaintiff bad failed to prove knowledge of the
settlement. His own opinion on the question was against
that of the authorities; which had decided that an equi-
table interest had priority over an equitable mortgage.
A TheoesTnemoN APPEAL. -In the Court of Common
The hail, News directs attention to the result of the elec. Pleas, on Wednesday, the only remaining registration
tion petitions, and says that at the present inotrant no
fewer appeal was heard. It was from a decision of the revising
than six boroughs in England and Ireland are par-
barrister for the northern division of Lancashire, against
tially, or entirely, deprived of parliamentary representa-
laced on the list of
tion, and eight seats in the house of Commons, sonic of the claim of James Bayliffe to be p
them for cities of no mean importance, are vacant, andvoters. The claimant was the owner of some land which
will probably continue so during this session. They in-
chide some of the mostnctorious offenders of past elections,
was mortgaged. He was paying off the principal in stated •
viz. i —Beverley, (2), Bridgwater (2), Norwich (1), Dublin sums, and the objection to his claim was that the annual
(1), Cashel and Sligo. With the exception of the two large value of the estate was only £8 12s. 2d., while his yearly
cities,_ which are only partially disfranchised, and
which we may anticipate, from their liavin payments amounted to £l2 ;so that the estate could not
fairly elected one representative, . will be spared be worth to him the necessary " 40s. a year
the extreme penalty of the law, it is impossible at the least above all charges." The argument
to doubt what the fate of these boroughs will be.
It is not merely that they have been proved guilty upon in his favour was that, if the mortgagee could pay the
evidence admitted to be imperfect, but their previous interest and had a surplus beyond, he had that amount to
history and notorious fame render the issue of an inquiry spend by the year, and if the surplus was over 408. he had
into their general political conduct much more certain a vote. It made no difference whether he spent the sue- ' NOTTINGHAM ELECTION.
than a trial before an election judge can ever be. Public , . . The Liberal Association have determined to
pais in paying the principal or in any other way. The .
opinion is, moreover, vividly alive to the necessity of /support Mr. Charles Seely (defeated at the general
cutting at. the root of electoral corruption ; and in the counsel asked fer a decision of the court, which would election) as their candidate; and in the case of a
instances of Lancaster and Great Yarmouth the House settle such cases in future. The court took time to cozi-
est Commons chewed its distrust of any punish- second vacancy arising, through the retirement of
eider its judgment.
went short of total extinction, when corrupt practices are _ Colonel Wright, they will support Mr. Bernal
thoroughly ingrained in the political system of a borough. A IlinwAV CABE.— A.t the Mansion House, on Wed- Osborne. The breach has not been healed,
It is evident that the present system has a far better nesday, Dr. Pearce, a physician, was summoned by the
South-Eastern Railway Company apparently, for overtures have been made by the
chance of maintaining its ground if grievous blots such as for neglecting to alight " Independents " to Mr. Digby Seymour, with what
these grossly corrupt boroughs are removed, and their
at Cannon-street, to which station lie had paid his fare, result remains to be seen.
.Mr. Markham has
representative privileges are conferred upon the rising
towns which were somewhat untly excluded from the and refusing the excess fare which was demanded at positively declined to stand in the Conservative
settlement of the Reform Bill. Whether, therefore, from Waterloo. It was sliewn that the train did not atop at
dismissed interest, and it is considered doubtful if another
a Conservative or reforming point of view, the issue of Cannon-street, and therefore the Lord Mayor
these commissions seems equally important ; and while we Conservative
,can be returned.
confidently hope that the House will reenact the severe, the summons. TILE BUDGET.
though just, sentence of the late Parliament, we trust that The Herald publishes a long criticism upon Mr.
they will seek by a wise distribution of these forfeited
privileges to redeem front some of its blemishes the imper. ORANGEMEN ARRESTED.—On Wednesday night Lowe's Budget. In addition to the objections
feet settlement of last year. already
.stated, the triter points out that in conse-
thirteen Orangemen were arrested in Belfast for drumming has prevailed hitherto
The Times is glad to find from the reports of the recent along the Shankhill-road in this town. The constabulary queues of the practice which .
meeting that the agitation against the liquor traffic is we re obliged to draw their swords. The mob stoned the 'of allowing the income tax to fall in arrear one
taking a- more moderate course, and thinks that aquarter, and the assessed taxes four quarters, the
conference, if sufficiently "Presentative, might be policemen, some of whom are severely cut. The prisoners taxpayer will have to pay those additional amounts.
a very. useful preliminary to legislation on this were escorted by a strong body of policemen armed with The account is thus shewn :
subject. .It ought not, however, to be a mere rifles, and were conveyed to the bead police office. INCOME TAX.
expression of opinion with a view to more i
effective combination. Its principal value would be found 1 SINGULAR
MORGANATIC MARRIAGE. Letters \ April 180691 d System. New System.
in the contributions of experience it might offer us. from Lisbon announce the morganatic marriage of Don ', October 1869 gs I April 1869 V;
The conference just concluded was not all
_that could be 10 January 1870
Ferdinand,_.. ex-King of Portugal, with Fanny Essler. i January 1870
wished in this respect. It is very easy to
tosbtain theories
on this subject, but very hard to get at fact.. One cannot, This, says Calignani, must be a second union,. as the cele•
- but receive, for instance, with some hesitaion the sweep- brated dancer had accepted in 1854, if we remember
ing asserti6na of the clergy and some. othert temperancef rightly, the hand of a rich Prussian banker. The other
advocates respecting the extent to which the evils
working class may be traced to dr-Ink. It is possible, no. sister: Theresa, surnamed the Majestic, became the wife
doubt, to improve the present liquor laws,
_but
,it of Prince Adalbert,brother of the King of Prussia. Fanny
is eonaliy certain the real remedy for drunlepness was born in 1810, so that she has now arrived at the age
must be fsmid in the Unless
hoprovemept of the . lower
of. 53. Rumour, when she was young, placed the Duke de
classes themselves. Unless this be doers it well be ropol.
sible by any laws to keep them from the mi ans of Intox1; beichstadt amongst her warinest'admirers.
_ cation, and if it be dime a great many restrictions now
cCiOLLMON ON" A RAILWAY.—At noon, on Wed.
proposed will be needless. T t
he Times thinks that the
euverviejoe if public-houses is very properly entruated to ne.,t ay, nit train, known as the London newspapet
those who have to admillistin* the law. The niagistrates act train, fr London to Lie Is, was run into at Woode,ford —.— I
i2O
upon distinct grounds, which the people can appreciate, and
Junction, five miles from Leeds, by a London and York kslo
since offences arisiug*from intoxication are brought before Tl.ie latter had drawn up in a siding to let But this is not the whole of the grievance. Mr.
Lowe,
by continuing the old style of collection in arrears
them, they have the best means of knowing where and when goods train'
the danger exists. If, an the contrary, an elected bodYof rate- the Midland train pass, and before the latter had started
with the new arrangement of collection, by anti
payers were entrusted with a censorship to be exercised again the fireman of the London and York set his engine •
.cipatlon gets a surplus of 21,500,000, and this stir--
Recording to certain suppositions of what is good for the - •
parish, their control might easily assume the character of in motion. It ran into the Midland engine broadside, and plus is so disposed of that the larger a man's income
a social tyranny. Ina word, the only principle on which, ' both were forced off the metals. None of the passengers the- larger,. not only relatively, but in proportion, is
in a free country, this traffic can be dealt with is that of the remission of his taxation. A man with £6,000
leaving it as free as is possible without danger. The were hurt. The traffic was stopped for nearly two hours.
The first news of the. accident received in Leeds was that a year from landed property gets a remission of 19
opposite principle is that of restricting it as far as is ,
possible without provoking a reaction. This is the spirit , a fast train had run into a luggage train, and a good dea/ per cent., while a man with an income of 2500 from
in which the subject is approached by most of the so-called of painful excitement existed, the non-arrival of the trade or profession gets only 121 per tent.
"Temperance" advocates, but it oau never he accepted by NEW BISHOPS. •
Parliament._ ~__. -...---- . ... _.-.. . --- London papers at.Pl, e usual time appearing g to. 0 9 214 11... the
egizallatilabajariAjtjaaggAZNlKSLA
wont kiiirdk. _ . r

The Standard concurs with the Duke of Argyll in
thinking it an evil at the present moment to submit the
constitution of the House of Lords' to the conside-
•ation of the other House by sending down the
Life Peerages Bill. It thinks, however, that the tone in
which the noble duke himself has seen fit to discuss the
subject is a greater evil still. Most heartily does it applaud
Lord Salisbury's manly repudiation of the overstrained
humility which the Duke of Argyll displayed. It is not
proper that at such a time as this the House of Lords
should make " an unrestricted profession of subservience
to another branch of the Legislature." It is improper for
m-re reazons than one ; but, amongst others, because it is
not true that the House of Lords is subordinate to the
Commons. It may be subordinate to the nation, as Lord
Salisbury frankly declared ; but the House of Commons is
sometimes a very different thing from the nation, and
nothing is mere important, at a time when the'action of
the house of Lords is likely to give rise to great excite-
ment, than a clear comprehension of this difference.
The House of Commons is certainly the mouthpiece
of the nation, and it may be hoped that as a general
rule the voice of the House of Commons is that
of the nation ; but at any time the House is liable
to fall away from the principles which animate the people,
to get out of tune with the country, and when in this
condition it would be a misfortune indeed for us all if the
House of Lords were unable to act with independence.
That House would hardly acquire a representative cha-
racter by such additions to its ranks as are contemplated
by Lord Russell's bill, and constituted as it is of men,
almost all of whom have grown used to the responsibilities
of power amongst their own tenantry, and to the transac-
tion of public business upon their estates, besides being
permeated through and through with the highest culture
of the age, they may, perhaps, dispense with .the neces-
sity of being representative of anything more than those
elements in the nation which they are fortunate enough to
represent by the will of Providence—its territorial wealth
and its intellectual and moral culture.

The Earl of Limerick, like Earl Nelson, repudiates
the great. love for Free Churches which has been
attributed to him. Tie declares, in a letter to the
Herald, that whatever his opinion may be as to the
difficulties arising from a connection between the
Church of a minority and the State in Ireland, he
does not regard as undesirable in all instances the
connection between Church and State. The Earl
also corrects the statement contained in all the
reports, that the meeting refused to hear any speakers
but men of mark who challenged the policy of
resistance. He says that every peer present, who
desired it, had the opportunity of expressing his
opinion on the subject before the meeting.
SUNDRY ITEMS.

The Owl states that Mr. James Murray, 0.8.,
Assistant Under-Secretary of State for Foreign
Affairs, intends to retire shortly upon a pension, and
will probably be succeeded by the lion. T. 0. W.
Spring-Rice.—The same paper mentions that the
petition against the return of Lord Hyde for Brecon
will be withdrawn ; and that no sensible progress can
be made in the inquiry into the cost of the Abyssinian
war until next year, because all the principal
witnesses are in India.

£2O 1 . £25
Or clearly one quarter against the new system, which is
to all intents and purposes a quarter's income tax out of
pocket.

Old System.
October 1839, two
quarters
April 1860, two
quarters