The Sun.
London, England, 1859-06-09 00:00:00

LAW AMENDMENT SOCIETY.

A meeting of this society was held on Monday
evening; Lord Brougham in the chair. In conse-
quence of the small attendance the further consider-
ation of the Bankruptcy Bills was adjourned.
Mr. HASTINGS, at Lord Brougham's request,
stated the result of the deliberations of the Criminal
Law Committee on the subject of false pretences
on the sale of goods. Some months since a
letter from his lordship had been read to the society,
in which the present unsatisfactory state of the law
was pointed out ; and this letter had been referred
to the committee and considered by them. The first
point was, what was the actual law on the subject.
Now a false pretence in the sale of goods might be
either as to quantity or quality. As to the first,
nothing could be clearer than that the law, as laid
down by Lord Mansfield in Wheatley's case (2
Burr. 1,125), denied that any false representation
as to quantity at the time of sale was the subject for
a criminal indictment, the injured buyer being left
to his civil remedy. But in "Reg. v. Sherwood"
(1 D. and B. C. C. 251), it had been decided that a
false representation as to quantity subsequent to
sale and delivery was within the statute ; a coal
dealer was held to be rightly convicted who had
sold 14 cwt., and after delivery had gone to the
house of the buyer and reiterated the falsehood.
The law was more strict in the point of quality ;
but recent decisions had brought it to an anomalous
state,'which it was hardly possible to justify. It
appeared that if the deception extended to the
whole body or substance of the articles sold, an in-
dictment for false pretences would lie ; but if the
article were ejusdem eneris with that described by
the seller, however inferior in value, the offence
was not- within the statute. Thus in "Reg. v.
Roebuck," where the seller described a chain as
silver, it being entirely of a baser metal, without
any admixture of silver, the conviction was affirmed ;
while in " Reg. v. Bryan" (1 D and 8., C. C., 265),
where the seller had deceived the purchaser by
stating that the spoons he parted with were of that
kind known as Elkington's A, whereas they were
of very inferior quality, but still had a slight coat-
ing of silver, the majority of the judges quashed
the conviction. In this case Mr. Justice Willes
and Mr. Baron Bramwell commented in forcible
terms on the unsatisfactory state of the law, and
contended that the maxims of law should be made
consonant to morality, and not be lowered to meet
the supposed requirements of trade. In the Indian
Penal Code, prepared by Mr. (now Lord) Macaulay,
some valuable observations would be found on this
subject. The committee were averse to dealing—
at any rate at present—with the subject of quantity,
but thought that the present law might be properly
enlarged, so as to avoid the technical distinctions
which had been drawn as to quality, the committee
being strongly of opinion that no argument of a
sound nature could be brought forward to support
the punishment of a seller who deceived as to the
whole substance of an article which would not
apply with equal force to the case of a seller who
deceived wilfully and fraudulently as to part of the
substance. Mr. Hastings then read a short bill
which had been prepared by the committee, and
which he undertook to present to the society for
discussion at the next meeting.
After some conversation the society adjourned
till Monday, the 29th inst.

TRIAL TRIP OF TILE* ROYAL MAIL

STEAM--SHIP PARAMATTA.

SOUTHAMPTON, WEDNESDAY.

The Royal Mail Company's new iron paddle-
wheel steam-ship Paramatta left the docks yester-
day under the command of Captain Baynton for
Stoke's Bay, where her speed was tested by the
measured mile. On the occasion there were nearly
200 ladies and gentlemen on board.
Among the company present were Captain
Mangles, Captain Wilson,CaptainofLthioete,omCappa.tnayin;
Whish, and Mr. Tufnell, directors
Captain Vincent, the company's superintendent ;
Captain Strutt, examiner to the company ; Mr.
a noOtthteor-
Ritchie, the company's engineer; Don Henrique
Ainz, Spanish consul; Captain Ford,
might have
the
Otto-
man navy ; Mr. Alderman Carter, o f thed
gentlemen.
been desired, althoughfine. A
The day was not so favoumr,eaabtl .h favourable as
was
heavy mist set in whilst shipthewat dsaisttSapnicteh, aeandd,
which obscured objects at but a
short
caused the ship to be hove-to for some time. The
result of the trial after four trips, with and against
tide, was as follows :
Ist Trip. , 44mm.6
. 11455..: equa„
1 to
14.06314.173 knots per hour.
2
3d „ 4m. 295., „ 13.383 !,
4th „ '`4m. 145., „ 14.173 //
Being an average of nearly 14 knots per hour.
The Parainattet was built by the Thames Iron
Ship Building Company. Her capacity is rated at
(registered tonnage) 2,285 (builder's measurement)
2,092 tons ; horse power, 800. Her main deck is
331 feet in length, and presents an ,unbroken pro-
menade on each side of the ship from stern to stern.
The beam is 42 ft. 9 in., depth 36 ft. 6 in. Every
new appliance has been made use of in her con-
struction, and she has accommodation for 274 first
class passengers. She has four tubular boilers, of
the weight of 220 tons, with 24 furnaces.
A sumptuous dejeuner was served on board. The
Paramatta returned to port the same evening.

[AnvEnTisnmENT.]— Holloway's Ointment and Pills.—
Medic: nal-treatruent and neglect, and imprudence on the
gait of the sufferers themselves annually destroy thousands
of lives that might have been saved with the greatest ease,
by the use of these perfect antidotes to disease external and
internal. Multitudes of rheumatic sufferers are now limp-
ing to the grave with contracted joints and in constant
agony who might be cured in a few weeks by the ointment,
and the vital stiength of a still greater number is oozing
away through scrofula, sores, abscesses, and other exhaust-
ing outlets of suppuration which might be promptly and
safely cured by the same means. Whilst the heart beats
the patient need not despair : Holloway's remedies will
prove a very present help.

MID_ ULE~

W.—June 8.

Mr. Pownall opened the court, and
magistrates were present :—Mr. H. H.
This mosig,
tilli:rf\ovloloodw;iMr.
A'.Bzl,tiEnasg,hMforr.dß3ilirs., Mmra.rFshaaullle,on3cirr,.
IAVIr..
Bodkin,ogarth
BHeaeltsheyam, lArf.rl.VGhirtiffie,
tlisr;
Cloirlyonaettl
IVElirs.cyC,haanrma amnr,
Bu:siem.
Mr. Bodkin, appo.utea assistant-judge, in the
place of the late Mr. rashley, Q.C., having been
sworn in, was introduced. to the chair by Mr. Pow-
nail, and was warmly congratulated. After the
jurors had been called,
Mr. Cooper, the senior counsel present, said he
begged to be permitted, on behalf of the whole bar,
as well as of himself, first to offer to the family of
the late esteemed assistant-judge an expression of
their sincere condolence on the irreparable loss they
had sustained in his premature death, and then to
tender their warm congratulations on the appoint-
ment of Mr. Bodkin as his succossor. The learned
gentleman went on to say—From your acknow-
ledged talent, judicial turn of mind and acquire-
ments, great and comprehensive knowledge of the
law, combined with that kindness of heart and
amiability of disposition with which we are all
familiar, we are ail convinced that you will admi-
nister the law in this court with ability, imparti-
ality, and mercy. We can, too, but congratulate
ourselves on your appointment as recalling to mind
the well-known line,
" Esther though clothed in robes, is Esther still,"
for we are convinced that, unlike some, you will
never forget, or appear to do so, that vou have been
one of us, with us mingling in that friendly and
social intercourse which our profession so much en-
courages and promotes, and that we shall experience
from you that kindness and courtesy so essential to
the due and proper administration of the law, qua-
lities which, if so humble a person as myself may be
permitted to say, add so great a charm to the other
and high attainments possessed by the holder of the
highest judicial office in the realm at this time. And
after the wear and tear of an extended professional
career, in which you have gained much honour and
general esteem, that you may enjoy many years of
comparative otium eurn dignitate, is our sincere and
fervent wish; and when you shall retire years hence
from active into private life, we doubt not that all
men will say :—may his successor be but as fair and
just as he. Having intruded upon you these few
remarks, we say once more that we heartily congra-
tulate this Court and the public on your appoint-
ment, and may you long continue in the enjoyment
of it.
Mr. Bodkin said it would be impossible to over-
estimate the kindness which had induced these re-
marks from Mr. Cooper on behalf of the bar, as it
would be difficult for him to express adequately his
deep sense of the honour they had done him. He
assumed the chair of this Court under circumstances
of a serious and painful character. The loss of their
late friend, Mr. Pashley, was one of a public charac-
ter. for his great experience, legal knowledge—his
many varied talents and acquirements, combined
with his acquaintance with the general literature of
the country, rendered him an ornament to his pro-
fession, and a most valuable public servant. Suc-
ceeding one possessing such eminent qualities, who
was preceded by one no less eminent—the late Mr.
Sergeant Adams—he should have to rely upon the
kindness and forbearance of all in the discharge of
his duties, to which he should bring the best of his
energies. Personally, he wished to say, he had not
solicited this appointment ; it had been given to him
unasked by the authorised advisers of the Crown,
and he might be excused if he added, that the ap-
pointment had, he had reason to believe, met with
the cordial approbation of those whom he now had
the honour of calling his brother Justices, and over
whom he should have to preside as their judicial
officer. (Hear, hear, from the bench.) He had prac-
tised before them for 33 years, and he had now
arrived at a time of life when a relaxation from the
more active duties of an arduous profession was not
undesirable, and he was very happy to say, and he
should ever retain the pleasing recollection, that he
never had any ill feeling with any one in the profes-
sion. The loss of Mr. Pashley so suddenly ought to
be a lesson to ad as to the uncertainty of human
life. But a few days ago he was discharging his
duties in that very chair, and had every appearance
of a long and useful life before him. He was but
little over 50 years oracre, yet he had passed from
amongst us. It should age,
a solemn warning. As
the successor of Mr. Pashley, he should bring to
the discharge of the duties a real honesty of pur-
pose, which he trusted would stand him in stead of
shortcomings in other respects, and he should ever
recall with pride and gratification the unmitigated
kindness, forbearance, and cordial good feeling he
had always met with, and to ensure a continuance
of which he should use every effort and endeavour.
The learned Judge then resumed his seat amid
cordial applause.
The cases tried during the day were unimportant.