The Sun.
London, England, 1858-11-12 00:00:00

THE SUN, LONDON, FRIDAY EVENING, NOVEMBER 12, 1858.

gained a little circulation of money through the
hands of the working classes, we gained anything
by the Russian war equivalent to railways. That
must, however, be matter of opinion. The present
position of Russia in the East, compared with
what it was when NICHOLAS bullied at Constan-
tinople, and when Sebastopol yet nursed beneath
her batteries the brutal and coward navy which
could perpetrate the bloody treachery of Sinope,
but skulk from British broadsides—the difference
may seem to him trifling gain or none at all. We
beg to differ from him ; and but for the leanings of
Louis NAPOLEON and WALEWSRI to the Russian
brother despot, and the trimming of Lord PALMER-
STON, we might have demanded successfully the
whole of Bessarabia, and the freedom of the whole
Circassian coast. The comparatively miserable
concessions obtained by our Government are, how-
ever, something worth having, especially since, as
we believe, the nation is not sensibly the poorer for
getting them. We have gained, therefore, the
improved position in the East, and the nation has
not lost the money spent in employing labour at
home.

The codification of the laws of England may, as
the Lord Chancellor intimated at the Mansion-
House Banquet, on the Lord Mayor's Day, baffle
the combined ingenuity of our legislators and our
jurisconsults. The fabrication of a code may, in fact,
be only really practicable under a despotic system,
as in modern France or in ancient Rome—and even
then require the guiding genius of a NAPOLEON or
a JUSTINIAN. But, at any rate, there yet remain
for us one or two great and obvious legal improve-
ments—capable of being effected without the neces-
sity of requiring for their accomplishment the appa-
rition of one of the world's great men—capable of
harmonious creation even under our Constitutional
Government. We may hope—if not that our laws
may be compressed and systematised into a code, at
any rate that they may be cheapened. We may
hope, again, that the Criminal Law, generally, maybe
revised and reorganised. We may hope that some-
thing practically beneficial may be effected in the
way of a digest of many hundreds and thousands
of Acts of Parliament. How much, in truth, have
we not seen done of late years in the way of legal
reform and innovation ? Yet, in spite of the hercu-
lean labours of a law reformer like the ex• Cha-
ncellor Lord BROUGHAM, such was the wilderness
that great and resolute intellect undertook to
" clear " and " cultivate"—that in its regard
we are only now at the very commencement.
Descending to particulars in another direction,
there is a legal reform of a very different character
yet to be entered upon—one often talked of but
never seriously attempted. It is a change of a very
substantial description. It is an innovation that
would be of the greatest advantage to the public
and to the profession. It would, in an extraordi-
nary manner, tend to economise time. It would
eventually, we believe, prove economical in a
pecuniary point of view. It would beautify the
metropolis in two opposite directions—here at the
border of the City of London—there in the heart
of the City of Westminster. It must be apparent
to every one that the change we allude to is no
other than the concentration upon one given spot
of the hitherto scattered law courts. Nothing in
the way of a splendid metropolitan improvement
on the one hand, and of a wholesome and rational
legal innovation on the other, could secure at once
such a manifest combination of advantages as the
precise change we would here particularise. And,
according to Sir CHARLES BARRY, the whole could
be effected for very little more than £650,000.
True, that that eminent architect has hitherto
shown himself to be no very safe or reli-
able guide in these kind of anticipated calcu-
lations. But, even supposing for that reason
that Sir CHARLES is here once more egregiously
understating the probable amount—supposing that
instead of £650,000 the suggested alteration neces-
sitated an expenditure of £BOO,OOO, or even we will
say, of the aggregate of £l,ooo,ooosterling, we still
conceive that the benefits certain to accrue from it
would justify double or treble the disbursement.
The site originally suggested some years ago is
again in favour—namely, some seven acres of
ground, bounded on the east by Chancery-lane, on
the west by Wych-street, on the north by Carey-
street, and on the south by the Strand, a locality
central to all the legal quarters—Lincoln's-inn,
Gray's•inn, and the Temple. It is a spot, more-
over, which in its present condition is utterly abo-
minable, disreputable, and for the most part dilapi-
dated. It is, comparatively speaking, waste
land. It is literally an eyesore. It is
notoriously, in many holes and corners,
a den of filth and profligacy. Sweep all these
miserable-looking houses away—erect in their place
a noble pile of buildings—collect together within
them the now scattered law courts of all de-
nominations—Equity and Common Law, Queen s
Bench and Chancery, Vice-Chancery and
Exchequer, Common Pleas and Rolls, Regis-
trars' Offices, Judges' Chambers, and the Courts
of Bankruptcy and Insolvency—assemble in
that one appropriate home all the dignitaries
now distributed over the capital, in the purlieus
of Westminster Hall, in the vicinity of Chancery-
lane, in the precincts of Lincoln's-inn, in Basing-
hall-street, in Rolls-yard, in Staples'-inn, in Ser-
geants'-inn, here, there, and everywhere—effect all
this by one move, and yon will do what will be
certainly worth a round £1,000,000. It is an old
project revived, really and seriously worthy of
being taken into consideration.

LATEST NEWS.

The following telegrams have been received at
Mr. Reuter's office, Nov. 11:
MARSEILLES, THURSDAY.
The following advices have been received from
Hong Kong to Sept. 28.

The Russian ambassador has arrived, bringing
an advantageous treaty concluded with Japan.
The Chinese commissioners have not yet arrived.
Hopes are entertained that the negotiations for
arranging the tariff, &c., will recommence in Oc-
tober.

The official Gazette of Pekin announces a project
for fortifying Pei-Ho for the purpose of stopping
the further advance of the barbarians.

Details have been received of the taking of
Touron. The gunboats destroyed five forts in half
an hour. The allied troops occupied the town,
and have thrown out reconnoitring parties into
the peninsula. Touron has been declared French
territory. The expedition will advance to attack
the metropolis at the end of September.

ST. PETERSBURG, WEDNESDAY.

The Northern Bee of to-day publishes an account
of the re-establishment of the relations between the
Russians and Chinese, on the 26th of August, at
Sehougoutschaken, Kouldga, in Western China,
and the solemn inauguration of the consular
factory.

The Gazette of the Senate contains the regula-
tions of a company, established for the purpose of
supplying Petersburg with water.
The capital is 1,200,400 silver rubles, and the
municipality of St. Petersburg guarantees 4i per
cent.

The navigation is still. open.
The quantity of tallow exported is 112,000 casks.

FRANCE.

PARIS, THURSDAY.

The 3loniteter publishes the following note :
" After the last conflicts which took place between
the Turkish troops and the Montenegrins, the Porte
had engaged to maintain the state of possession as
it existed in 1856. In order to settle the respective
rights resulting from this agreement, commissioners
were sent to the spot, and the representatives at
Constantinople of France, Austria, Great Britain,
Prussia, and Russia, adopted, in concert with the
Ottoman Government, the delimitation proposed by
the majority of the Commission. A protocol was
signed on the Bth inst, at Constantinople, which
ratifies the understanding conic to between the
parties, and will have for effect to henceforward
prevent a recurrence of those much to be regretted
complications to which it had become a matter of
urgency to put an end, in the interest of humanity
and of general peace."
BOURSE, Nov. 11.—The market continues buoy-
ant. It is reported that the syndicate of bankers
will devote 75 millions of francs to take titles
from the market at the next liquidation. Threes
have been done from 74f.5c., to 74f. 20c. ; Mobilier,
987 f. 50c. to 995 f. ; Austrian, 658 f. 75c. to 661 f.
25c. ; Orleans, 1,385 f. to 1,392 f. 50c. ; Northern,
997 f. 50c. to 1,002 f. ; and Southern, 580 f. to 585 f.
The following are the last quotations :

41 per Cents. 96 2.5
Do. end month
3 per Cents 73 90
Do. end month... 74 5

Credit Foncier
Belgian 41
Piedmonteso (5) 93 50
Roman 95

Bank Shares 3155

Austrian

Credit Mobilior .. 985 --
Do. Account ..... 982 50

Spanish Threes , , _
Homo Dobt 42

RAILWAYS.

Cash.
Orleans
__ __

Account.
.. 1385

Northern .

996 25 .. 998 75

New ditto. 842 50 842 50
Lyons and. Mediterranean BBO 875
Now ditto
Geneva
Midi .
Southern
Western.

610 -

582- 50 .. 582 50
620 - 620 -

Eastern
Grand Central —
Sardinian

467 50

Austrian

Exchange on London, at sight, paper, 25f. 10c.; money,
25f 71c.; three months, paper, 24f. 95c.; money, 24f.
921 c.

DESECRATION OF THE DEAD AT
CAMDEN TOWN.

Whilst the public is justly indignant at the dis-
graceful incidents attendant upon the wholesale
removal of bodies from the St. Martin's burial
ground, at Camden-town, the fact appears to be
overlooked that this occurrence is but a sample,
upon a comparatively small scale, of what must take
place in almost every district around the metropolis,
Whenever the existing so-called Suburban Ceme-
teries, filled to repletion, shall imperatively come
to be dealt with, and new burial accommo-
dation be necessarily resorted to. In the year
1850 the General Board of Health reported to
Government, " that the exiting cemeteries cannot
be used permanently for burial, not one of them
possessing the conditions essential to places of
sepulture ; that the soil is unsuitable in all but one ;
that the chapel accommodation is wholly inadequate
that the position of six out of the eight is urban
rather than suburban, and that the remaining two
have an increasing population surrounding them ;
and that they must all be closed." This sweeping
condemnation, however, it should be observed,
does not apply to the London Necropolis or
Woking Cemetery, which was established subse-
quently to the date of that report, and
which, situated within an easy railway
distance of the metropolis, is of such extent (2,000
acres area) that overcrowding, or desecration of the
dead by after-removal cannot possibly take place in
it. Indeed it is amongst the provisions of the
special act of Parliament under which this cemetery
was established (and one well worthy of imitation
in any future legislation on the subject), that a
separate grave shall be provided for each interment,
and that it shall not be re-opened, except at the
request of the friends of the deceased, for the recep-
tion of the remains of another member of the family.
The subject is one deserving of serious attention at
the present moment.

LAW INTELLIGENCE.-(THIS DAY)

COURT OF CHANCERY.
(Before Vice-Chancellor Sir William Page Wood.)
JUDGMENT-BARCLAY V. MACRLEYNE.

The contention in this case arose-on the true construction
of the bequests contained in the will of the late Mr. Kelso,
dated April 5, 1851. The defendant alleged that the • be-
quests were void from uncertainty.

His Honour, the Vice-Chancellor, was of opinion that
the bequest in favour of poor persons to enable them to
emigrate to the colonies by the commissioners of colonial
emigration was a good charitable bequest, and directed a
scheme to be prepared to carry it into effect. His Honour
also made several declarations respecting other legacies, and
the residue of the testator's property to be spoke to on the
minutes this day week.

ROLLS' COURT.
(Before the Master of the Rolls, Sir John Romilly.)
.RAMSBOTHAM V. MABONS-JUDGMENT.

His Honour, in delivering judgment in this case, was of
opinion that the plaintiff had failed to establish a lien on
the title deeds or a mortgage over the testator's property.

The state of the case was this :

James Aitchison, by a deed in 1816, left his wife as his
executor, and four ether persons as trustees of his estates,
as tenants for life. He died in 1823. _Various transactions
took place between him and Mr. Mabon, and on his death
they were continued by his widow. The title deeds were
deposited in plaintiff's hands as security for any money that
might become due to him.
His Honour considered that as it did net appear that any
specific sum was ,due at the death of the testator, and as
the testator did not give his widow or trustees any power to
burden his estates with any debts which might be con-
tracted by them, the plaintiff had no lien over the • title
deeds or mortgage on his estates. He said that it could
not now be ascertained what was the amount of the-6ft
due by the testator ; and suppose it could, the claim was
barred by the statute of limitations, and by prescription
of forty years.

His Honour dismissed the plaintiff's bill with coats.

EXCHEQUER COURT.

(Sittings at Guildhall—Before Mr. Baron Martin and a

Common Jury.)
RUSTOMJEE V. GOURLEY.

Mr. Robinson appeared for the plaintiff, and Mr. Hawkin
f.r the defendant.

Mr. Robinson said this was an action brought by the
plaintiff to recover the sum of £lOO, the value of a bill of
exchange, which the plaintiff alleged he had accepted for
the defendant's accommodation, for which he had received
no consideration. He thought the evidence of the plaintiff,
who was a Parsee merchant, would be sufficient to secure
him a verdict.

Mr. Rustomjee said—l came to this country in 1856. I
lived at Paddington. I first saw Mr. Gourley in the same
year. His first visit to me was to inquire for a former re-
sident of the house I occupied. He called on me the next
day, and said he had been in a foreign country, and he
wished to give me any information, if I required any. He
first called once, then twice, and then three and five times
a day. (Laughter.) I never could get rid of him.
(Laughter.) In July he came to me and begged me very
hard to lend him £lOO, or he would be ruined. He nearly
went on his knees to me. He has also borrowed my spoons.
(Laughter.) I had a great deal of trouble to get
them back. He also borrowed my watch. (Laughter.)
He came to me one day and said he had forgotten
his watch, and as it looked very bad for a professional man
to appear without one, he asked me to lend him mine for
half-an-hour. (Laughter.) I got back the watch after a
great deal of trouble. It was only borrowed for a short
time, and it was 17 days before I received it. (Laughter.)
In July, 1857, I gave my acceptance to him for his accom-
modation for £lOO. Four or five days before the bill
became due I wrote to him, telling him the bill was nearly
due, but he said he could not pay. (Laughter.) There were
some other bill accommodations in the way of renewals, but
it resulted in my having to pay the £lOO. I was sued for
the amount by Mr. Cator.
Mr. Hawkins—ls the bill in your handwriting ?
Witness—The signature only.
Mr. Haivkins—What are you ?
Witness—l am a merchant from China.
Mr. Hawkins--Ah ; but what are you now ?

Witness—l have established myself as a merchant.
Mr. Hawkins—Did you not come from China to prose-
cute a large claim against the Government for something
like £lBO,OOO P_ _ _

Witness—No, sir. If you want to know about the claim,
I'll tell you. The Government after the first war with
China received a large sum to compensate the losses of the
merchants, and I considered I had a claim, and I made it.
(Laughter.)
Mr. Hawkins—What is the amount of your claim ?
Witness—Fity-two thousand dollars. •

Mr. Hawkins—Did you ever consult Mr. Gourley pro,
fessionally as a medical man ?.

Witness—Nover.

Mr. Hawkins--Nover I Was there not a member of your
household—l need not mention her name—that required a
little medical attendance ? (Laughter.)
Witness—Yes. (Laughter.)

Mr. Hawkins--When that attendance ceased was there
not another member of the family ? (Laughter.)

'Witness—Yes.
Mr. Hawkins—A little baby was born there ?

Witness—Yes.
Mr. Hawkins—Did you not ask Mr. Gourley to give the
lady medicine ?

Witness—He may have given her something for the
bowel complaint. (Laughter.)
Mr. Hawkins—Yes, but after the baby was born the
bowel complaint ceased, did it not ? (Laughter.)
Witness—Yes. (Loud laughter.)
Mr. Hawkins—You got your spoons back, did you not
Witness—Yes. (Laughter.)

Mr. Hawkins—And;your watch too ?
Witness—Yes, after 17 days.

Mr. Hawkins—Did you not press the defendant for in-
troductions to influential parties ?
Witness—l never asked him to introduce me to any
members of the Government. He said he had got friends
in high quarters, from the Duko of Cambridge downwards,
and that Lord Derby was his relation. (Laughter.) I
was a stranger in the country, and I thought he was one
of the great men of the land. (Laughter.)
Mr. Robinson—Did you know that the defendant was a
medical man ?
Witness—No.

Mr. Robinson—Who attended the lady on the occasion
of her confinement ?

Witness—Mr. Gardener—Hero's his bill and I paid it.
(Laughter.)
Mr. F. Cator said he obtained the payment of the bill
frem the plaintiff by process of law.
Mr. Hawkins then addressed the jury for the defendant
in a very humorous 'speech, and concluded by calling
Mr. Gourley, who said—l am a consulting surgeon, and
reside at St. John's-wood. I first knew the plaintiff in 1856.
I called at the house where he resided fir st for the purpose
of inquiring for a friend of mine who formerly lived there.
He told me he did not know where he had gone, but ho
would endeavour to find out for me if I called again. He
then invited me into his drawing-room. • A friendship
ensued, and he told me he had a claim on the Government
for £lBO,OOO. In October, 1856, he asked me to see his
man-servant professionally. I attended. He then wrote to.
me stating that theie was something the matter with his
maidservant, and wished me to attend her. I attended her
up to her confinement. (Laughter.) I attended her afterward s
for about 9or 10 months. She lived ix Rustomjee's house.
My house was two miles from plaintiff's house. He used
to press me to visit him. Ho said I did not come often
enough—that the house was hell fire "when I was not
there. He could only get peace when I was there.
(Laughter,) I procured him an introduction to the Earl of
Clarendon. I was acquainted with the Duke of Cambridge,
and through my exertions he obtained interviews with
some of the other Cabinet Ministers. We had some talk on
money matters, and he said when he got his claim settled I
should have £5OO. When the bill was drawn it was for
mutual accommodation, as the plaintiff was in want of
funds. The witness then explained the circumstances
attending the drawing of the bill. Touching the spoons, I
happened to have a few friends to see me then, and I
borrowed the spoons ; but there is not the slightest founda
tion for the supposition that a relative of mine ever had
them. (Laughter.) With respect to his watch, I did
borrow it, but it was because I had had an accident with my
own. I have four watches. (Laughter.) One of the watches
was given to my grandmother by a relative of Lord
Derby's. (Laughter.)

Mr. Robinson—Then the watch, and not yourself, is the
relative of Lord Derby. (Laughter.)

Counsel for both parties having addressed the jury,
.The Learned Judge summed up the evidence. and
The Jury returned a verdict for the plaintiff,

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Holroyd.)
IN RE C. J. ROWS.

This bankrupt was described as a hotel-keeper, of tho
White Horse Inn, Uxbridge, and to-day was appointed
for his last examination.

The balance-sheet, by Mr. March, Basinghall-street,
shows a surplus, July, 1856, £221 14s. Debtor to unsecured
creditors, £3,153 10s. ; to ditto holding security, £2,287.
Profit, £682. Creditor by debtors, good, £62 ; doubtful, £34
10s. Property, £366 ; proporty held by creditors, £3,000.
Losses, £1,352. Trade expenses, £941.
The bankrupt passed—Mr. rook, for the assignees, not
opposing.
(Before Mr. Commissioner Goulburn.)
IN RE ROOK.
This bankrupt was described as of Gibraltar-walk,
Bethnal-green, and to-day was appointed for consideration
of his certificate.
Mr. Pook, from the office of Mr. Riches, Coleman-street,
appeared for the assignees, and said that the bankrupt had
been in confinement since June last on a creditor's debt,
and had not been able to assist the creditors in getting in his
estate, and ho was anxious for an adjournment to enable him
to do so.
His Honour said thatitwas not only the bankrupt's duty
towards his creditors, but to his own adyantnge, for him to

do -so ; but as it was with the consent of the bankrupt and
not opposed by the assignees, an adjournment might be
taken.

IN RE DUNIIA.M.

This bankrupt was described as of the Doctor Johnson
Tavern, Fleet-street, and came up for his certificate. There
was no opposition.
His Honour remarked that the bankrupt was before the
Court in 1856, when he owed £1,500, and no dividend had
been paid. On that occasion the certificate had been sus-
pended for twelve months. He now came before the Court
owing £1,606, and, in this instance also, there would be no
dividend.

Mr. Lucas said there had been a severe loss, as the
bankrupt had expended £1,400 on the premises and he
could only obtain £4OO or £5OO.

His Honour said the bankrupt, after his first failure,
began with a deficiency of £l9, and incurred his present
debts in seven months. There could be no pretence for his
entering into such a speculation ; and had there been any
opposition he would not have granted protection. He (his
Honour) was of opinion that it was a fraud on the credi-
tors, and very disgraceful. The certificate—third class—
would be, suspended for 12 months from July, with pro-
tection.