The Sun.
London, England, 1858-04-29 00:00:00

ATLANTIC TELE9RAPH.

levers, which act upon the brake. Thus the officer
in charge of the apparatus stands by this wheel,
and, watching the register of strain or pitch of the
vessel, opens the brakes by the slightest movement
of his hand, and lets the cable run freely as the
stern rises. The same officer, however, cannot by
any possible method increase the actual strain on
the cable, which must remain always according to
the friction at which the brake is first adjusted
by the engineer. During the last two or
three days that this machine has been at work
the value and simplicity of the whole apparatus
have been made out so manifest that it is evi-
dent, as far as the paying-out machine is concerned,
all that mechanical skill can effect in aid of the
has been accomplished. Too
greatmuch
praiseundertaking
cannot
be given to Mr. Appold for the
manner in which he has thus overcome the difficul-
ties he had to contend against. Both the Niagara
and the Agamemnon will each be fitted with one of
these paying-out machines, which, of course, when
n
ected with and turned by steam, can be used
cou
for the purpose of under-running or drawing back
the cable in case of any hitch rendering such a
rather dangerous operation necessary.
As we intimated some time since, a preliminary
expedition—if we may so term it—will start from
this country about the middle of next month, when
bath the Agamemnon and Niagara will steam away
into deep water, and then try a variety of experi-
ments connected with submerging the cable, with
a view of ascertaining practically the value of this
new apparatus, and also how far some suggestions
which have been made with regard to buoying it at
intervals can be carried out. During this brief ex-
perimental cruise every known test which can be
attempted to prove the efficiency of the paying-out
machines, and those for under-running, dra., will
be resorted ta, and the result of the experience
thus obtained applied to improving any little de-
fects which may exist in the apparatus before the
final starting of the expedition in June next.

PARLIAMENTARY DIVISIONS.

HOUSE OF LORDS-APRIL 27.
OATHS BILL-(IN COMYHTTEE.)

Moved, to omit clause V.—(The Lord Chancellor) :—On
question, " Whe.,her the said clans. shall stand part of
tho bill I—Contents, 80 ; Not-Contents, 119.

CONTENTS.
DUKES.I Munster De Tabley
Cleveland St. Gormains Ebury
Devonshire Spencer Foley (teller)
Newcastle Zetland Glenelg
Norfolk VISCOUNTS. Hathorton
Somerset Eversley Hamden
Wellington Hutchinson Lyndhurst
MARQUISES. S Tatford deßedcliffeMacaulay
Anglesey Sydney Monteagle
Breadalbane BISHOPS. Monteagle of Brand.
Lansdowne Carlisle Mostyn
Towshend Hereford Oriel
Westminster St. David's Overstone
EARLS. LORDS. Petra
Abingdon Ashburton Ponsonby (teller)
Airlie Audley Portman
Albemarle Belper Rivers
Carlisle Boyle Saye and Sale
Clarendon Camoys Sefton
Cowper Campbell Skene
Ducie Chaworth Somerhill
Durham Chesham Stanley of Alderley
Essex Clandeboye Stewart of Stewart's
Fitzwilliam Congleton Court
Fortescue Cranworth Smieley
Granville Dec re Sundridge
Grey Dartrey Truro
Huntingdon De Manley Wensleydale
Minto Denman Wrottesley
NOT-CONTENTS.
Canterbury, Arch. Lanesborough . '" LORDS.
Chelmsford (Lord Lonsdale Abinger
Chancellor) Lucan Bagot
DUKES. Malmesbury Bateman
Beaufort Mayo Berners
Buckingham and Nelson Braybrooke
Chandos Orkney Brodrick
Manchester Pomfret calthorpe
Marlborough Romney Castlemaine
Northumberland Sandwich Churchill
Rutland Seafield Clanbrassill
Manquiszs. Selkirk Clements
Abercorn Shaftesbury Clifton
Bath (teller) Stamford and War- Clinton
Cholmondeley riugton Colchester
Exeter Strathmore Colville of Culcross
Salisbury Talbot Crewe
EARLS. Verulam Crofton
Amherst Wilton De Ros
Bantry VISCOUNTS. Digby
Beauchamp Bolingbroke and St. Dinevor
Belmore John Downes
Bradford Combermere Feversham
Brooke & Warwick Do Vesci Forester
Cadogan Donerailo Grantley
Cardigan Dungannon Grinstead
Carnarvon Falmouth Kenyon
Cawdor Hardinge Lovel and Holland
Chesterfield Hill Polwarth
Dartmouth Lifford Rayleigh
De La Warr Melville Redesdale
Denbigh St. Vincent Sandys
Derby Bisuors. Scarsdale
Desert Bangor Sheffield
Doncaster Cashel, &c. Sondes
Effingham Chichester So athampton
Ellenborough Exeter Templemore
Ferrers Llandaff Tentorden
Graham Oxford Teynbam
Hardwicko Ripon Walsingham
Harriugton Rochester Willoughby do
Hillsborough St. Asaph Broke
Howe Winchester Wynford

HOUSE OF COMMONS—Aram 28.
AGRICULTURAL STATISTICS BILL.

Order for second reading read ; motion made, and ques-
tion proposed, " That the bill be now read a second
time :"—amendment proposed, to leave out -the word
" now," and at the end of the question to add the words
"upon this day six months." Question put, "That the
word ' now' stand part of the question." The house
divided ; Ayes, 135 ; Noes, 211.
AYES-135.
Ewing, Crum
Fagan, W.
Few. ck, H.
Finlay, A.
Fitzgerald, J.
Foley, J. H.
Foljambe, Francis
Forster, Charles
Foster, W. 0.
Fortescue, Hon. F.
Freestun, Colonel
Garnett, William
Glyn, G.
Grace, 0.
Greenall, Gilbert
Greer, Samuel
Gregson, Samuel
Gray, Captain
Hadfield, George
Hamilton, Capt.
Hardcastle, Joseph
Barris, J. D.
Hay, Lord John
Headlam. T.
Henchy, D.
Holland, E.
Hutt, W.
Jackson, W.
Kershaw, J.
Kirk, W.
Langston, J. 11.
Langton, H. G.
Lewis, Sir G. C.
Lincoln, Earl of
lecke, Jot.
Mt:worthy, Alex.
M`Cann, J.
Mac Evoy, E.
Mackie, J.
Mackinnon, W.
Maguire, J. F.
Mainwaring, T.
Marsh, Si.
Marshall, William
Matneson,Sir J.
31etior, John
NOES-251.
Adderley, C. B. Ferguson, Colonel Newdegate, C.
Adeane, H. Vole e, H. W. Newport, Viscount
Alexander, J. Forester, Col. Noel, G.
Arbuthnott, Gen. H. Forster, Sir Gee. Norris, J. T.
Archdall, Capt. M. Frozer, Sir W. North, Col. J.
Ashley, Lord Gallwey, Sir W. Paget, Lord A.
Baillie, H. Galway, Viscount Pakenham, Colonel
Ball, E Gard, R. Pakington, Sir J.
Baring, A. Gaskell, J. Palk, L.
Bernard, T. Gavin, Major Palmer, R.
Bathurst. A.:A. Glyn, G. Palmer. It. W.
Beach, W. Goddard, A. Paull, Henry
Beaumont, W. Gederich, Viscount Pechell, Sir G.
Beecrott, G. Graham, Sir J. Peel, Gen.
Bennet, Capt. P. Greaves, E. Pennant, Col. E.
Bentinck, G. Greenwood, John Percy, J.
Beresford, Rt. lin. W. Gl:ffith, C. Philipps, J.
Berkeley, F. Grogan. Edward Portman, W.
Blackburn, Peter Gurdon, Brampton Powell, Francis
Botfleld, B. Gurney, J. H. Power, N.
Bouverle, Hon. E. P. Gurney, Samuel Pugh, D.
Bovill, W. Hall, General John Puller, Christopher
Brady, J. Hamilton, Lord Claud Rebow, J.
Bramley- Moore ,J. Hamilton, G. A. Rust, James
Bridges, Sir B. Hamilton, J. Sandon, Viscount
Briscoe, John Banbury, Robert Slater, George
Bruce, alajor Handley, H. Scott, Major
Bulkeley, Sir R. Barmier, Sir John Seyrner, li.
Hurler, J. W. El ardy, G. Shelley, Sir J.
Bunbury, NV. B. II irtin4ton, Marquis Shirley, It.
Burghley, Lori II Issard, Michael Smith, U.
Burr ell, Sir C Ileatheote, G. Smith, A.
Buxton, Sir E. N. Henley, J. Smith, Sir T.
Byng, G. 11. C. Henniker, Lord Smyth, Col.
Cairns, 11. Hodgson, K. Somerset, Colonel
Calcraft, J. Hopwood, John Spooner, R.
garden, Sir R. IV. Hornby, W. Stanhope, J.
Cardwell, E Hotham, Lord Stapleton, John
Cartwright, 11. Hudson, G. Steel, John
Ca 3 ley, E. S. Hunt, G. W. Stirling, W.
Charlesworth, J. C. D. Ing I ii, John Steuart, A..
Cheetham, John Johnstone, li. B. sturt, H.
Child, Smith Johnstone, Sir J. Strut, C.
Cholmeley, Sir M. Jolliffe, Sir W. Sullivan. Michael
Churchill, Lord A. Jolliffa, 11. Talbot, C.
Clark. J. Kendall, N. Taylor, Colonel
Clinton, Lord R. King, J. Taylor, S.
Close, M. Ring, Edward Thornhill, W.
Cole, 11. A. Kinglake, J. Tolemache J.
Colebrooke, Sir E. Kln,gscote, Capt. R. Trefusis, C.
Corry, H. T. L. Knatchbull, W. Vance, John
Cross, R. A. Knatchbull-Humeseen Vaasittart, G.
Curzon, Viscount Kught, F. * Vansittart, W.
Dalkeith, Earl Kiiightley, R. Verner, Sir W.
Davie, Sir H. R. F. Langton, W. G. Waddington, 11.
Davison, R. Laslett, W. Walcott, AdruiraL
Denison, W. 11. Lefroy, Anthony Walpole. S.
De Vere, S. E. Lennox, Lord H. G. Walsh, Sir J.
Disraeli, B. Liddell, H. G. Warre, John
Dod, J. Lis'iurne, Earl Wegaelin, T.
Drummond, 11. Leong, W. We:by, W.
Duncombe, Thomas Lovaine, Lord Westhead, Joshua.
Duncombe, A. Lowther, Col. H. C. Whiteside, J.
Duncombe, ilon.W E. Luce, T. Whitmore. H.
Hondas, G. Lygon, lion. F. Willcox, B.
Du Pre, C. Lytton, Sir E. Williams, B.
Dutton, Hon. R. 11. Mac.irtney, George IVilliams, W.
East, Sir J. Macaulay, Kenneth Willoughby, Sir U.
Edwards, Henry M'Clintock, John Willson, A.
Egerton, Sir P. Manners, Lord J. Wingfield, R.
Egerton, W. Martin, C. - Wooed, B.
Egerton, Edw. C Maxwell, J. Wyndham, General
Ellice, E. Melgund. Lord Wynn, Col.
Ellice, E. Miler, Taverner Wynne, J. A.
Elliott, J. E. Miller, stearne Wynn:, W.
Elm ey, Viscount M Fontgomery, Sir G. Yorke, r.
Emlyu, Viscount Moody, C. Young, A.
Estcourt, T. Morgan, 0.
Farnham, E. Mowbray, J. R.
Fariuhar, Sir M. Naas, Lord
Fellowes, E. Neeld, John Pack°, C.
Fergus, Join Newark, Viscount Du Cane, C.

Agnew, Sir A.
Akroyd, E.
Anderson, Sir J.
Bagshaw. Robert
Bagwell, John
Bailey, C.
Baines, Rt. Hon. M.
Barnard, Thomas
Bass, M.
Baxter, W.
Beale, S.
Biddulph, Col. R. M.
Biggs, John
Black, Adam
B ake, J.
Bouverie, Hon. P.
Brown, W.
Buchanan, Walter
Buckley, Gen.
Butler, C. S.
Campbell, R.
Cavendish, W.
Clay, James
Clive, George
Codrington,
Corbally, M. E.
Cowan, C.
Cox, W.
Crawford, R. W.
Crossley, F.
Dalglish, R.
Davey, R.
Deasy, R.
Dent. John
lleverosua, J.
Duff, M.
puff, L.
Duke, Sir J.
Dunbar, Sir W.
Dunne. M.
ElCho, Lard
Elton, Sir A. IL
Esinonde, J.
Evans, T. W.
Swart, W.
E wart, J.

Miles, W.
Milnes, R.
Moncreiff, J.
Morris, D.
Napier, Sir C.
Nicoll, D.
Paget, C.
Paget, Lord C.
Patten, Col.
Pease, Henryl
Philips, R.
Pllkington, J.
Pinney, Col.
Potter, Sir J.
Price, W.
Pritchard, J.
Ramsden, Sir J.
Ridley, George
Robartes, T.
Rushout, Capt. G.
Russell, H.
Russell, A.
Smith, J. 11.
Stewart, Sir M.
Stuart, Lord J.'
Thompson, General
Thornely, T.
Trelawny, Sir J.
Truman, C.
Turner, J. A.
Villiers, C.
Vivian, H. H.
Waldron, Laurence
Wattpona. Col.

Our readers will recollect that a few weeks since
we mentioned that the plan of the new paying-out
machine to be used in the next attempt to submerge
this gigantic cable was in course of construction at
the works of Messrs. Easton and Amos, and likely
to be brought to a successful completion. We are
glad to say that it has now been perfectly finished,
and during the last day or two has been in full ope-
ration, and fitted with a ahor6 length of tbo con
to illustrate practically its mode of working, the
facilities which it affords for paying-out the rope,
and the simple but efficient manner in which the
jerk on the wire, caused by the sudden rise of the
vessel to a heavy sea, is almost entirely obviated.
During the short time that it has been at work in
the yard of Messrs. Easton and Amos it has been
daily inspected by the chief engineers and me-
chanists in the kingdc m, whose criticisms and sug-
gestions for improvement were freely invited by the
board of directors of the Atlantic Telegraph Com-
pany ; but, up to the present time, no suggestion
affecting either the principle or working of the
machine has been made, and it is generally con-
sidered that, as far as the rather limited experience
on the subject of laying down deep sea cables ex-
tends, the whole apparatus may at present be re-
garded as perfect.
Ordinarily in matters of this kind it is useless
attempting to convey to the general reader by mere
verbal description an accurate impression of the
principle of a machine by describing in technicalities
its many and complex fittings. In this instance,
however, the main feature, and upon which all else
in a paying out machine entirely depends—the
46 brake"—is pretty generally known, and the otht r
portions of the apparatus are of so simple acharacter
as scarcely to need more than mentioning. The
whole of the important part of the machine, then,
may be said to consist of Appold's self-regulating
brake, which is so adjusted and so constructed as
always to exert a certain amount of resist ince (which
Can be regulated) by the revolution of 'the wheels
to which it is applied. More then this fixed amount
of resistance, whatever it may be, it cannot pro-
duce, no matter whether the machine is hot or dry,
or covered with sand, and neither can it he worked
at less than this amount, no matter to what extent
all the friction surfaces of the wooden brake itself
may be oiled. This well-known brake was first ex-
hibited in the Great Exhibition of 1851 in the new
labour machine constructed for prisons, in order to
insure a certain amount of work from each convict.
For this hard-labour purpose the brake is still
extensively employed. It is made of bars of wood
laid lengthways across the edge of the wheel, over
which it laps down firmly, and on to which it is
held with massive weights fixed to the ends of
levers. It is the number and size of these weights
which regulate precisely the degree of r, sistance to
the revolutions of the wheel, and which, of course,
enable those in charge of the machine to fix the
pressure of the brake at what they please, and
when once so fixed nothing can alter it. In the
present paying-out machine this brake is attached
over two drums connected with the two main
grooved wheels round which the actual cable passes
in running out. These latter are simply broad,
solid iron wheels, each cut with four very deep
grooves, in which the cable rests, to prevent it fly-
ing up or " overriding." It passes over these two
main wheels, not in a double figure of eight, as in
the old ponderous machine of four wheels, but
simply round over one, on to and round the ther,
and so on four times, till it is finally paid down
into the water. Tons, then, the wire will be wound
up from the hold of the vessel, pass four times
over the double main wheels, which, as we have
said, are each connected with the brake or friction
drums, past the register which indicates its rate of
paying out and strain upon the cable, and then at
once into the deep. The strain at which the cable
brakes is 62cwt., and to euerd against any chance of
mishap not more than half' this strain will ever be
put upon it. The brakes, as a rule, wPI be fixed t(?
give a strain of about 16cwt., and the force re-
quired to keep the machine going, or about Bcwt.
more, is the utmost that will be allowed to come
upon the wire. Thus the force required to sever
the cable can never be exerted even by accident or
mishap, no matter who may be in charge of the
machine nor how the vessel may pitch and roll.
The brake of the paying-out machine used on the
occasion of the last attempt was capable, by a
movement of the hand, of ex.... 1 ting the most pro-
digious resistancerto the: turning of the wheel, and
invent this formidable r was used with so little
care that not until
he
the danger seen. The chief was irreparable was
weifilbeauty, however, of
the new machine is that, can add to I
the fixed strain of the brakestehrleitylaoteg, no ma' ter
who, can in a moment ease much as he
isth no re-
thinks necessary, and until, in fact, stl
sistance at all, beyond the Bcwt. straineroen
e wits's%
which, as we have said, is required to keep
machine turning. So simple is the operatio too,
by which this important relief can be effected that
a child could even remove the whole resistance of
the brake and put it on again as often as 20 or 30
times in the course of a single minute. For this
purpose, at a few feet from the paying-out ma-
chine, the cable passes over a wheel which registers
precisely the strain in pounds at which the coil is
running out. Facing this register is a. steering
wheel, precisely similar to that of an ordinary ves•
eel, and connected in the game way with compound

--
Whatman, J.
Whitbread, S.
White, James
Wickham, H.
Wilson, J.
Millington, Sir T.
Woods, Henry
Wyvill, 31.

TELLERS.
Caird, J.
Lindsay, W.

TELLERS.

rADVEITTEEMENT. ]— SIGHT AND HEARING -- SPECTACLES—
Powsltrui. TELESCOPES OPERA, RACE, AND PRRSPECTIVR
Grasses.—S. and B. Solomon, optic'ans, 39, Albemarle-
street, Piccadilly. Observe—opposite the York Hotel, W.
By her Majesty's Royal Letters Patent for va'uable and ex-
traordina •yr improvements in the most powerful and brilliant
Telescopes, Camp, Race-course, Opera, and Perspective
Glasses, to know the distances. These Telescopes posses 4
such extraordinary power that some, three and a-half inches,
with an extra eye-piece will show distinctly Jupiter's moon.,
Saturn's ring, and the double stars ; with the same telescope
can be seen a person's countenance three-and-a-half miles
distant and an object from L 6 to 20 miles. For the waist-
coat-pocket, and are of larger, and all sizes, with increasing
powers accordingly. The Royal Exhibition, 1851. —A valu-
able, newly-invented, very small, powerful, Waistcoat-pocket
Glass, the size of a walnut, by which a person can be seen and
known one and a-half mile distant. They answer every pur-
pose on the Race-course and at the Opera-houses. Country
scenery and ships are clearly seen at 12 to 14 miles. They
aro invaluable for shooting, deer-stalking, yachting, to
sportsmen, gentlemen, gamekeepers, and tourists. Opera.
Camp, Perspective, and Paco-course Glasses, with wonderful
powers. - Invaluable preserving Spectacle Lenses of the
greatest transparent power. Tue great adva 'tags derived
from this invention is, that vision impaired teoomes pre-
served and strengthened and very aged perEoas are enabled
ta employ their sight at the most minute occupation—can see
with those lenses of a much less magnifying power—and
they do not require the frequent changes to the dal:.
geroas 'effects of furtt'er powerful assistance. Persons
can be suited at the mo 0 remote part of the world by send-
ing one of the glasses out ,at their spectac'es in a letter, and
stating the dist ince from the eye they can read small rrint
with it, and those who have not made use of spectacles by
stating their age. Deafness.— Ne w Disco very.--The Oiganie
Vibrator, an extraordicariiy powerful, small, newly-invented
instrument for deafness, entirely different from all others,
surpassing anything of the kind that has bean, or probably
can be, produced. Being of the same colour as the skin, is
not perceptible. It enables deaf persons to hear distinct lyal
church and at public assemblies ; the unpleasant sensation of
sinoing.noisesin the ears is entirev removed, and it aßards
all the assistance that possibly could be desired.-39, A Ike-
marle•street, Piccadilly—Opposite the York Hotel,

THE SUN, LONDON, THURSDAY EVENING, APRIL 29, lB5B.

anything of provincial life can testify, of decora-
ting the fabric of their churches. Church-revival
is a great fact—architecturally, at all events, if not
spiritually. Rational people will be well disposed
to agree with Mr. Walpole, that the time has come
when the jealousy of the law should no longer be
allowed to interfere with this particular develop-
ment of pious munificence. There can be no well-
grounded objection to repeal so much of the Mort-
main Acts as may now operate to preclude parties
from making voluntary provision for the repair of
the church fabric. If compulsory rating were
abolished, andtheartificial restrictions upon private
munificence removed, does any one seriously believe
that the least difficulty would be experienced in
maintaining our churches in efficient repair ? The
more probable result would be, that if the matter
were left to individual exertion, thousands would
be readily contributed where hundreds are now
with_diffieulty raised. A compulsory rate is prac-
tically incompatible with free-will offerings. Where
men must pay, they won't give. Let it once be
understood that the maintenance of church fabrics
was left to the voluntary liberality of churchmen,
with no legal impediment to its free exercise, and
no candid person can for a moment doubt as to the
result. _ _ _

_
There are those who profess their inability to un-
derstand "how we can have a National Church
establishment without some provision (i. e., com-
pulsory provision) for the repair of places of wor-
&ship." The difficulty hardly deserves a serious
solution. We must have such a Church Establish-
ment as is practically possible, not such as is
logically and theoretically complete. In numbers
of parishes at the present day no rate can, or ever
again will, be levied for the repair of places of wor-
ship. In every point, except being repaired by rate,
those places of worship belong to the National
Church Establishment. Does the circumstance that
they are not repaired by rate prevent them from
being national? Surely the great end of a National
Church is to promote in the nation that spirit of
peace and goodwill which is the essence of the gospel
teaching. If the compulsory levy of a rate for the
repair of those fabrics, which could be otherwise
maintained, is hostile, nay, is fatal, to this spirit,
does not the argument derived from the notion of
a National Church wholly fail ? • Which is it most
desirable to keep up, the logical consistency of
ideas, or the practical harmony of facts ; to be con-
sequential and quarrelsome, or inconsequential and
free from strife ; to set our Christianity above our
metaphysics, or our metaphysics above our Chris-
tianity ? Church-rates may, or may not, be es len-
tial to the logical notion of a National Establish-
ment ; but we all know that the attempt to enforce
them on conscientious objectors is grossly inconsis-
tent with the spiritual notion of a Christian
Church.

It has also been represented as unreasonable to
uphold a provision for the payment of the clergy,
and to have none for the maintenance of the
churches. This argument is, of course, not in-
tended for those who, as advocates of the volun-
tary principle, object to all compulsory payments
either for clergy maintenance or church repair. It
is meant for those who, acquiescing in Tithes, ob-
ject to Church-rates. Even with this class it can
have uo weight. The mere fact that Tithes, as now
settled, are not made the subjects of general pro-
test, and that Church-rates are, creates a suffi-
ciently wide practical difference between the two
cases. But it does not rest there. Much may be
said in favour of Tithes regarded only as a.national
provision for a national clergy, which cannot lie
urged with any truth in favour of Church-r,tes.
It is well that the teacher should not depend too
entirely upon those whom he teaches for the means
of subsistence. Subserviency, oratorical display,
the unceasing necessity of finding new sources of
excitem-nt, are among the objectionable results
of a system which makes the pay of the preacher
depend on his popularity. The system of a State
provision for the clergy, has many faults of
its own, but it avoids these. There is much to
ba said on both sides. If the thing were to do
again from the beginning it would, no. doubt,
be differently done ; as it is there is no serious
desire in any quarter to alter or re-adjust the last
settlement of the Tithe vestion. But no one con-
tends that the compulsory system of supporting
Church fabrics has any inherent fitness in it in corn-
parison'to the voluntary system. And besides itis,
at the; present moment, it long has been, and, as
it lasts, will manifestly continue to be, a fertile
source of disquietude, vexation, and strife. Is it
wise, is it Christian, is it tPe part of a prudent
Churchman or an enlightened statesman to per-
petuate this bitterness and ilt-feeling for the sake
of some 300,000/ a-year, which the voluntary exec-
ti,m of Churchmen is abundaatly coinpAent to
supply ?

L 9.1 V INTELLIGENCE.-April 28.

COURT OF CHANCERY.

(Before the L'ml Chancellor and the Lords Justices
of Appeal.)
VINEY V. CHAPLIN%

This part-heard appeal from a decision of Vice-
Chancellor Kindereley was this morning resumed.
The facts of the case were that the defendant, John
Chaplin, was the mortgagee in fee, with power of
sale, of four messuages—viz., No. 2,3, 4, and 5,
Darnley-road, Gravesend, as sole acting executor
of the will of the late Alderman Harmer. By a
contract in writing, dated the 15th of Oct., 1857,
and duly signed by the defendant and endorsed on
certain printed particulars and conditions of sale,
the defendant agreed to .sell the messuages in ques-
tion in fee to the plaintiff, James Viney, for 9001.,
subject to the conditions of sale. By the third con-
dition the purchase money was to be paid to the
vendor, at the office of Mr. Steele, No. 1, Lincoln's-
inn-fields, on or before the 11th of November,
1857. The abstract of title was delivered in due
c iurse, certain arrangements were made relative to
an outstanding judgment, the plaintiff accepted
the title, and on the 24th of December, 1857,
the conveyance was sent to Adam R. Steele, the
• defendant's solicitor, for approval. The convey-
ance was approved and returned, and after some
little delay, in consequence of the closing of the
stocks iu which the purchase money was invested,
the eneronments were sent to the defendant's soli-
citor. 23th of Dec., 1857, Messrs, Temple
and Winds-q., the plaintiff's solicitors, by letter to
the defendant's solicitor, intimated that they would
be obliged by his preemeng the attendance of the
defendant at the completion of the purchase. The
- Oa the
dpreefe:udeaen,t'asn.saola.ictittoiriedsecunheledtutLailnlotiwmahtienad(ttilLetdheo-
fondant) to execute the conveyance in the plaintiff's
a letter-
intended bringing an action for the purchase money,
such intimation being accompanied by
stating that he had obtained Chaplin's execution
of the deeds. This produced a remonstrance, re-
quiring not only that the def,nclant should execute
tl
rhopresence of the plaintiff and his
solicitor,i the purchase money should be
h
personally. In answer
ttoeetn
this letter
in
actually
tbtellrs that Steele paid to him
stated that they were riot en-
titled to what they asked, and the plaintiff's solici-
tors offered to refer the points to arliitratioa ; but
the threatened action was brought in the Exche-
quer for the purchase money, and the plaintiff
served with process in the usual way. On the 4th
of January,
at the plaintiff and his solicitor at-
-1
teBs, office of Mr. Steele, and an account
of thet iiarsy t
clase money, interest, bled costs, amount-
inge li
to , was handed to them ; but the aet6i rL l
il 8
de-
fendant not being in attendance, they left. . They
then proceeded to the residence of the defendant,
but not being able to see him, left a me sage in
writing, stating that they had come to tender him
the 965/. 5e., which they had brought with them.
They again called on the following day with the
same object ; but the defendant, although at home
as alleged, refused to see them, stating by a message
that his solicitor had the conveyances executed, and
would deliver them upon payment of the purchase
money, or to that effect. On Jan. 8, 1858, the
plaintiff Viney wrote to the defendant requesting
that he would meet him, as he preferred paying the
purchase money to him personally, but this letter
was returned unopened. A correspondence then
ttapdretsoentthseuitacfotirosni;ecairfirdc
performance,stibeueiitly
took piece between the solicitors, and plaiutiff was
I°.nb:t7teucitetclo
and for an injunction to restrain the action, mak-
ing Mr. Steele, the defendant's solicitor, a defea-
dant. The Vice-Chancellor gramted au injunction
and the matter was then brought, before this Court
by appeal
.during the sittings after last term. On
that oulast,..m, by arrangement, the purchase was
completed, and the purchase money paid to Mr.
Steele, and the appeal motion converted into the
hearing of the cause, with a view of finally deciding
which of the parties was in the right, or, in other
words, which of them is to pay the costs, now
amounting to a considerable sum.
Mr. Gra3se and Mr. Druce, for the plaintiff, con-
tended as a general rule that a purchaser had a
right to see his vendor sign the conveyance, and
also to pay the purchase money to him peraonally.
In the present case, a fortiori, Pear. Viuey was enti-
tled to ask Mr. Chaplin to receive the money him-
self, as he had sold the property in
s character of
trustee under Mr. Harmer's will.
Sir R. Bothell, Mr. Beily, and Mr. G. L. Rus-
sell, for the defendant appealing, urged that the
practice of paying the purchase money to the soli-
citor of the vendor was a very common • and most
convenient one. There might be several vendors
residing in different parts of the woilil, and to
compel them all to be present at the time the pur-
chase motley was paid would be attended with the
greatest inconvenience. The same observations
applied to the execution of the conveyance. In the
present case Mr. Chapliu had, to the knowledge of

the purchaser, authorised the payment of the pur-
chase money to Mr. S eel-.
Mr. Glasse having replied,
The Lord Chancellor said, the Court would look
into the authorities and the evidence, and give
judgment on Saturday week.