The Sun.
London, England, 1857-10-24 00:00:00

NC U MBE IeED ESTATES CO URT.

Tho follow:ng is the seventh annual" report and
summary of proceedings in the Encumbered Estates
Court, from the filinLl of the first petition, viz., the
25th Oct., 1849, to the 31st Aug., 1857, bing the
conclud,ng day of the seventh session of the Com-
mission, arranged in 14 tables :-
1. Number of petitions presented, including
those for partition and exchange as well as

for sale
(Of the above about 800 were supplemental,
withdrawn, and dismissed petitions.)
2. Number of absolute orders for sale
3. Number of matters in which owners pre-
sented petitions
(Of the first 100 petitions six were presented
by owners. Of the last 100 petitions the
owners of estates presented 53.)
4. Number of matters in which owners wero
bankrupts or insolvents
(In very many other cases the ownersof estates
became bankrupts or insolvents after. the
petitions were presented, and the proceed-
ings were subsequently carried on in tho
name of their assignees.)
5. Number of conveyances executed by the
Corn nuiaßi.ner.
6. Number of estates or parts of estates sold by
provincial auction, subsequently confirmed
by the Commissioners
By private private proposal, accepted by the
Commissioners
The remainder of the premises comprised in
the above 7,283 conveyances were all sold
by public auction, in court, before the Com-
missionet 5.
7. Number of lots, sold, viz.:—
By public auction in court
By provincial auction
By private contiaot

4,161

3,341

1,215

7,283

10,327
When the same person became the purchaser
of several lots ho generally had them in-
cluded in the same evening.
8. Number of boxes containing upwards of
250,000 documents and mnnimeots of title,
deposited in the Record-office
9. Number of cases which had been pending in
the Court of Chancery before beingbrought
into the Encumbered Estates Court 1,267
10. Number of Irish purchasers
11. Number of English, Scotch, and foreign pur-
chases
12. Amount of purchase-money paid by English,
Scotch, and foreign purchasers... £!,530,295 tO 0
13. Gross proceeds of sale to 31st August. 1857 :
By public auction. in court £l3,9ll,‘AT ;0
By provincial auction
By private contract

£11.475,956 8 4

14. ACCOUNTANT'S OFFICE.—TabIe showing the araYant
paid on account of purchase-money of properties sold, and
funds distributed, and of credits allowed to encumbrarcers
who became purcnastra, and funds at present in court; and
purchase-money of recent sales nct yet lodged :
Total amount of purchase-money, as
above, from 25th of October, 1849, to
31st of August, 1857, both days in-
clusive

Amount distributed by or:►er of the
Commissioners, in cash 11,688,234 14 3
Ditto in stock
Amount efabsolutecreditsto purchasers
on foot of encumbrances vested in
them and applied without consent of
Commissioners in payment of their
purchase-money

Total AMOULIt of fund distributed £18,734,227 9 9
Fun Is on hands :
Cash in bank £366,988 18 0
New 3 per Cent. Stock 901,236 19 3
Threeper Cent. Consols 115,345 13 7
--- £1,446,571 10 10

£20,180,799 0 7

THOMSON SEED, Accountant.
Noto.—The funds here returned as on
handi are subject to be still further
reduced by—
First. The amount of sums already allo-
cated to parties, and to trustees of set-
tlements and the like, but whore,
from the deaths of the parties, or
some of them, entitled thereto, or
from some other cause, those sums
cannot at present be pAid outof court.
Second. By amount set apart by the
Commissioners' fiats, on account of
b
conflietinif claims (the subject of liti-
gation in the Court of Chancery, or
elsewhere, and not yet decided on)
respecting the sums comprised in
such fiats.
Difference between the amount realised
by the sales and the amount accounted
for below

£20,475,95G S 4

This difference arises from
First. Certain provisional credits having been condition-
ally allowed to encumbraucers who became purchasers,
but whi.th credits, not having yet been made absolut,‘,
are not returned as payments, or as credits absolutely
allowed in the books of the accountant; and
Secondly. From the non-lodgment in court of the amount
of certain of the Fales recently had.
Statistics-office, Oct. 24. C. M. ORMSBY.

THE LAST OVERLAND MALL.—It will be reeollec!ed
that the last B ,mbay mail arrived at Suez 2a
inst., three days before the Calcutta mail. Great eff its
were wade to convey this mail rapidly throng', Egypt,
but owing to the ob.tactes thrown in the way by the
Egyptian authorities, a considerable delay took place.
In consequence of this delay there was only just time to
put the mail on board her Majesty's steamship Caradec,
waiting at Alexandria for the Siamese Princes. The
conduct of the Egyptian authorities is to be brought to
the notice of the English goverhment. The Pacha of
Egypt happened to be at Suez when the Bombay mail
arrived there. As it happened the Calcutta mail arrived
via Cagliari, and the Calcuttaand Bombay mails reached
Marseilles nearly together. A. considerable saving of
time might have been effected, if a steamer bad been
ready at Alexandria on the 3J inst., to start for Malta
and Cagliari, and the Bombay mail had notbeen delayed
in Egypt, •

On proceeding fo the Castle on Friday, Thome's'
Moreto:t, Earl of-Berkeley, who .does net choose fa.
0,11 liiiiself a peer, me me .n the ralway, a44d we
proceeded to the C,‘sle together. He had never
been there since Lis father's t I erct ii, as from that time
to the p; esent he has mairraiue i tta' privacy tOich.
i was intended he should keep from the earliest
et ,ge of manhood When we were alone together it
occurred to me to remind him "not to put his signa-
ture to any p :pers that might b 3 eet before him the
full purport of whi h he did not know, and which
might be supposed ti affect my interests and those
of my sons in retard to the entailed estates." His
reply was much the same as he had ever made to
'me—"Oh, you msy be perfectly at rest in that
rnatt-r ; they ‘4 on't ask me to si:or anything, and,
a, I have told ion b4,fore, it wilt, be all r ght at my
death, for I have only dealt with it for my life."
getsa It this assurance 1 was cntent ; it was, in fact,
th b stet of his if. ; alt tough in later years I h d
become painfully aware tlia . alihougli he Dever had
an idea of what it was i hey, made him do, on tio3
face of certain do'cu,tients to which I could gain
access, as far as mere sienature went, he hail go.ie
through the form of cu ting 4,ff an entail. I had
long ago told him ()flu discovery, and asked him
who had been his lawyer in that important matter,
and if he had had a receipt when he handed over
to Lord Fitzioirlinge the large ac cumulation of his
minority; but he answered, "No, b* did not
know who his lawyer was, and he had not any
receipts nor papers ; they did it among them." •
On the moroiug of the funeral, about ten minutes
before the ceremony was to tike place, Sir Maurke
Berkeley asked me " to come into a priYa'e ro.ini
to meet all i hur relation:, for he had a fete wor Ia to
address to us coil ctiv, ly." lat once acotmpauied
him to the room, anti there found as•emll.ed my
brother, the Earl of Berk. hy, Mr. Augestus.&'r-
keley, Mr. Henry Berkeley, the memb,r for Biis-
tol, my biothereiti-laT, Mr. Maxse and Major
Cassell, Mr. Boodle, the auditor of rents—en-
trusted, I brliev:, with the will—Colonel Kingscote,
and Mr. Mort tii Brown, a dissenting minister.
Sir Maurice Ilzrkeley then addressed us in an angry
manner, when, having said, "it should be uo fault
of he if the disunited family which we had been
did not become a unitel one," toms astonishment,
as well as sorrow and indigi.a• ion, he inamedi,t,ly
charce!..d - me with having " Atacked him anony-
mouslyt in .the papers," and wi h falsehood, and
concluded by asking the Earl of Berkeley "if it
was true that he bad been ' cajol-d and cheated' in
regard to the matter of the peerage 1" Lord Boy-
keloy replied " that he had not."
and Astonished
unexpected
o if)a
sats alnd animosityf
eaoatutrtaercdakgaet r
id:
dei asmosuplcpt
hwro
oppression—all
iae _
_ot
utrEhi
moment,
i i
nisi uunadi
jade'
tned:ni
....
wheniadecias:wtlaafirpaodrueipbeamerened
awtcocituhhsaedvdei:
as
aeanei
nn, 1 ,
the
ee
turningfga irsaov:
comb
arcyl o_
gsees
0103ftveenewl
immedi-
ately
at-
tention simply to the fact which was so evident,
namely, an attempt to overreach us in the presence
of witnesses, I addressed Lord Berkeley and
said, " Now answer me this simple questi in—Have
you not all your life told me, and did you not-tell
me so late as yesterday, that I might set my heart
at rest, for that nothing you had done in the mat-
ter of the peerage could affect my future interests
and those of my sons—that all you had done was
but for your life 'I"

Lord -Berkeley distinctly and without hesitation,
repiied, "I have, and did tell you so."

1
I then turned round oa what at once assumed
-the appearance of a packed meeting for an especial
'°se
a
.purpose, and said, " What more, gentlemen, do
distasteful
. rteefquillirt: ?m"an'yrhoefeth,,a,
for the reply of Lord Berkeley seemed to he Most
bystanders:Baelmorf. vAuoi;181/..,
tus Berkeley and Mr. Henry Berkeley exclaimed
t ,gethor, addressing m.., " We deny that you are
the heir-presumptive," Re , 47e., While Colonel
Kin2seute inquired of Mr. Boodle "if Moreton
Berkeley (the present earl) had power to cut off the
entail, and it he had done so." Mr. Boodle replied
that he had, and that he bad done so.
On this, I smid to Lord Berkeley, "just answer
me another simple question. Had you ever a deed
placed before you and explained to you for that
purpose 7 Have you ever had in your po,s3sSion
any such deeds, or copies of this deed, or any other
papers whatever rela'.jng to it in your possession I.'
His reply to this was—" No, I don't know, I ton
no lawyer, I know of no deeds nor papers." ..
Mr. Henry Berkeley then, among the confusion
of voices, put a question so dictatiTial and so ridieu-
-I,,us that I thought it need. 'd no notice from • me ;
he sad, addressing ,he Earl of Berkeley, " That is,
Moreton, you know when you said you did not
mean to affect your brother Grautloy'si interests
you meant, of course, his interests as a younger
brother." The eat' replied " Yes," and then added,
as if recollecting some lesson, "Oh ! yes, I believe
what my mother t id me iu preference to anybody,"
or words to that effect.

tit e,ly false as these gross ohargf s mule against
me by S:r Maurice were—for I had never attacked
him :n any way, nor been guilt' of one ac, towards
him which was not. in kindness end affection—and
en t aged by the . fact that the words " eajo4d and
cheated" had been furnished him from a let er of
mine, marked ".Trivets amid confid, n LA," to
Colonel Kingscote, I address d the asembly to the
following effect. I told thorn I had come to Berke-
ley Castle under the mo,t fri:•ndly and affectionate
feelitigJ, and on a civil invitat on hem Sir Maurice
Berkeley, and that I little expeeted to find myself
and to see my brother, Lord Berkeley, on so
siYemn an occasion, disgracefully and iud.ecently
eutrapß.d, to aid the cout nuoui designs on the
inh ri duce of the earldom, myself, and my ehil-
diet). Time, place, and persons were equAlly im-
proper. I knew that I stood none among them,
and bad not a fi iend present, and that under feel-
ings s in.Jecently outraged as mine were I would
not stay one moment longer there thm I o,ultl
help. I should decline the funeral and retire t
my room till the ceremony was over, and then
oruer my carriage and return home, leaving them
to attend the House of God, and to reconcile
prayer with their recent act, if their contoiences
would permit them to do Po. Alas ! I was now
no longer surprised that my sons were not asked
to attend the funeral, for it was too evident but
one class of witnesses were desired. The public and.
the county of Gloucester will now know why I felt
myself forced to take a painful step, and the false)
rumours that seem to have been purposely set
abroad to my injury: will receive their refutation.
Your,
GRAN TLEY F. BERKELEY.
Bacon Lodge, Oct. 23.

EXTRAORDINARY FREAK OF A Cow.—The vicinity of
the "Town Clock" and Market-arcade was suddenly
startled from the more than ordinary quiet and pro-
priety it observed on Saturday last, op the occasion of
tbefuneraalnd obsequiesalst of
unexampledt belate
Earloc
oFuirtrzeLc
hared iinn hgte,e bis.by
singular ti
tory of le bceuf yeas. About 2 o'clockri
.11
Page,the atbeuttneoboeri:
,lf4 a couple of fat cows, belonging
were being driven up the lligh-street, one of them made
A precipitate boh into the ship of Mr. Witherspoon,
draper, next door to the Market-arcade. Mr. Wither•
spoon's dau:Ooter was behind the counter at the time,
and two of the younger children At.re at the beck pert
of the shop; which is very nat row. The animal wallitd
deliberately to the further end of the shop, where
its progress was arrested by a counter rutittil. i.of
as may
gnri lygbl a t
.o.lBd
across, and on which was piled a large quantity
a 6.;Yin-
fl.tnnels, eheetings, &c., and behind whidchi
g' no otbfr
dow looking into the back garden.
odow, smashing the
eraedsouv e:vnialto:::l°Pjdi:d e A
h the back wi
down a heavy iron
and breaking'
and pushing down the argtoictlehserp fireie feet
Fia:onlw'n
lower frame to pieces
e knocking eac otn
ono
ont
kilt ce
arr
modey g olfeeagpreathrothueg cow
balcony outside, and thrwc.y.
iron fence, she made her into tthbeergeaorndiellenie, having,
injured herself in the extr: .
"The escape of Mr. Witherspoon'a
ite providential. One of them was
a here there was but just room
push by, while the other had
for the unwit y
•ht crouched d bne ththe counter
actually in her trig own e a
which the creature scrambled in her frantic efforts
over animal to
to reach the window, and, strange to say, both of thong
ocrlped injury.— Cheltenham Examiner.

OYAL LYCEUM THEATRE.--Lessee, Mr.
AA; Dillon.—Under the joint management of
Mi,s LOUISA PYNE and Mr. HARRISON.—Open for
an OPERA SEASON a THREE MONTHS, with the fol-
lowing Distinguished Artistes :—Madame Caraderi, Miss Co-
roll, Miss Susan Pyne, Miss Marian Prescott, Miss Cuthbert,
N:rs. H. Manley, and Miss Lou'sa Pyne; Mr. Augustus
Braham, Mr. A St. Albyn, Mr. Edmunds, Mr. Hamilton
Braham, Mr. Ferdinand Glover, Mr. Bernard, Mr. Kerby,
M r.Wallworth, Mr. G. Honey, Mr. Weiss, and Mr. W. Harrison.
Conductor, Kr. Alfred Mellon. The Orchestra selected
from the Royal Italian Opera, Jullien's Bind, and the Orches-
tral Union. The Chorus selected entirely from the Royal
Italian Opera. Stage Manager. Mr. E. Stirling. Assistant
Acting Manager, Mr. William Brough. Ballet Master, Mr.
Frampton. Chorus Master, Mr. G. Sinythson.
THIS EVENING, will be pe formed Wallace's opera of
MARITANA.
To conclude with A VERY SERIOUS AFFAIR.
Private Boxes, £2 12s. 6d., £2 25., and £1 lie. 6d. ;
Stalls, 6s. ; Dress Circle, ss. ; Upper Boxes, 4s. ; Pit, 25.;
Gallery, ls.—The Box Office is now open daily, from e.
3, under the direction of Mr. Chatterton, jun.

THEATRE ROYAL, HAYMARKET.
Lessee—Mr. J. B. Buckstone.
I'HIS EVENING, to commence at Seven o'clock, with
Sheridan Knowles' comedy of THE LOVE CHASE. Con-
stance, 3fi,s A. Scdgwick.
After which, BOX AND COX. Box, Mr. Buckstone ;
Cox, Mr. Compton.
Followed by MAKE YOUR WILLS.
To conclude with THE GALICIAN FETE.
o:cheibra Stalls (which may be retained the whole of the
evening), 6s. each, (No charge for booking.)
First Price. s. d. Second price. s. d
Dress Boxes 5 0 Dress Boxes 3 0
Upper Boxes 3 0 Upper Boxes... 2 0
it
ower Gallery 1 0 Lower Gallery 0 6
Upper Gallery 0 6No half-price to Upper Gallery.

THEATRE ROYAL, ADELPHI.
Lessee—Mr. Ben. Webster.

THIS EVENING, will be performed the home•maile
Extravaganza, DOMESTIC ECONOMY. Mr. Wriett and
Miss Arden.

After which, Douglas Jerrold's drama of BLACK-EYED
SUSAY. William, Mr, T. P. Cooke ; Blue Peter. Mr. Paul
Bedford ; Gnatbrain, Mr, Wright ; Black-eyed Susan, Miss
Arden.

To conclude with the new sketch of WELCOME, LITTLE
STRANGER. Mr. Wright, Mr. Paul Bedford, &e.

STRAND THE AT RE. —THIS EVENING,
will be performed
IS HE JEALOUS Mr. Shore, Miss G)wer, Miss Herbert,
and Miss M. A. Victor.

Followed by JOHN OF PARIS. Mr. Kinlech, Mr. Oliver
winners, Miss Harriet Gordon.
To be followed by THE PHANTOM WIVES, in which
Miss Craven will sustain four characters. Reginald Rattle
cap, Mr. Leicester Buckingham.
After which, the highly-successful and original burlesque,
written by Leicester Buckingham, entitled LA TRAVIATA;
or, THE LADY CAMELEON. Miss Craven, Mis; Victor,
Mr. F. Charles, Mr. G. Bolton, Mr. J. Howard, and Mr. J.
Clarke.

Commence at Seven. Stalls, 3s. ; Boxes, 2s. ; Pit, is.
Gallery 6d. ; Private Boxes,

ROYAL OLYMPIC THEATRE.
Lessees, Messrs. Robson and Emden.

THIS EVENING, will be performed (6th time) a new
comedy, called LEADING STRINGS. Messrs. Addison, G.
Vining, H. Cooper ; Mrs. Stirling, Misses Wyndham and
S wanborongh.

To conclude with the original Extravaganza, by. Robert
B. Brough, Esq., called MASANIELLO. Messrs. Rob-
son, Cooke, Danvers, he. ; Misses Swauborough, Thirlwall,
Hughes, Bromley, and Mrs. Melfout.

fact. We may well distrust those who could at-
tempt to stifle the voice of public opinion.

But the inhabitants of Calcutta have only
spoken in another clime, the sentiments of the
Duke of CAMBRIDGE and the Earl of ELLEN-
BOROUGH—sentiments that have been warmly re-
sponded to by all true-hearted Englishmen.
They repudiate the sickly sentimentality, the pseuds-
humanitarianism, that while, as we recently stated,
" Delhi was yet untaken, while Lucknow was
threatened with the fate of Cawnpore, while
NANA SAHIS yet commanded his thousands, and
while Oude swarmed with rebels ;" in fact, while
insurrection stalked abroad, and disaffection pre.
vailed throughout the length and breadth of the
land, placed "a cramping wet blanket" on the
efforts of gallant officers, and energetic civil ser-
vants. The Government should not show such
distrust to its servants, should not lead the world
to believe that there was the slightest reason to
suppose that they could be guilty of heartless and
wanton cruelty, or be desirous of involving the
innocent with the guilty in one common destruc
tion. God knows, there are too many of the latter,
to satisfy the most sanguinary. When the rebellion
had been crushed and order restored, it would have
been sufficient time to preach of tempering ju§-
tice wish mercy, and. transferring British soldiers
whose services were urgently required for the pre_
nervation of their countrymen and countrywomen,
whose lives and properties were still at stake, into
gaol guards over rebels taken with the red hand.
Let these matters be fully investigated. Let
those who have appealed to CESAR be judged by
CdESAR ; but we can entertain but little doubt as
to which si le will ultimately obtain the verdict,
or as to the fate of the trumped-up charge, more
worthy of the inveterate impugners of the Anglo-
Saxon character, than of Englishmen invested with
authority by the British Government.

The best time for directing public attention to
any grievance, is when there is a comparative ab-
sence of excitement on the subject, when persons
can tike clear and unprejudiced views, founded
on pure justice, uninfluenced by passion or party.
It is, then, surely time that the advocates for a
fair and equitable modification of the Income Tax
should strive to obtain an alteration of that
iniquitous impost, so as to make each person con-
tribute according to his means and resources to
the liquidation of the national liabilities, and the
maintenance of the national establishment.

Last year the public mind was devoted to
one point. The people were resolved to get rid
of the war 9d., which ought, as we repeatedly
proved, to have been the war 11d. And the
agitation was confined to that point in which
there was great and well-merited success.
Although never deluded by any vain expectation
the charge would be suffered to expire in 1860 ;
and although convinced that an equitable adjust-
ment was even more important than a
diminution, we were compelled to accept an
instalment of justice, and to be satisfied with
getting what could be obtained and to bide our
time, before insisting on other changes. The
gross injustice still remained, but as the amount
was diminished, we could better bear to be plun-
dered of 7d. than 16d., although the grievance
would be just as flagrant in the one case as the
other.

The most sanguine person cannot now anticipate
that the impost will be abated in April, 1860.
The Indian rebellion has prevented the possibility
of such a concession, and we may therefore now
regard it as a permanent tar. We should not
then delay the attempt at its improvement, or
avoid a task which, sooner or later, must be un-
dertaken.

The oppressive and unequal impost must now
be subjected to a complete revision. As we have
I repeatedly stated, the people do not desire to get
rid of direct taxation. On the contrary, they de-
sire its extension on a sound and judicious prin-
ciple. But it must be completely modified, or en-
tirely rejected. The palpabh swindle of charging
precarious and temporary profits at the same
rate as fixed and certain income arising from
accumulated and realised property must be alto-
gether abolished. The principle would seem too
absurd to require a single argument against
it ; bit that it is an existing fact, adopted
and enforced by enactments, framed by the
Legislsture, every member whereof was obliged
to exhibit a property qualification in order
to entitle him to take his seat and vote.
Collectively and individually, therefore, they
exonerated themselves at the expense of the
industrial population. This may be regarded as a
sericus accusation, but unfortunately it has but too
much foundation, and the sooner the cause in ,
whi.:l it originates is removed the better for all
paries concerned. It was, as " The Spirit of
COCKER" justly designated, " a masterpiece of
sta:ecraft ;" but the eyes of the people have been
completely opened, their vision has been purified,
and they will no longer tolerate the flimsy pre
text that taxes " the working bees of the social
hive for the relief of the drones." The Chan-
cellor of the Exchequer will not, under
any circumstances, abandon so profitable a
scarce of revenue. He has had too great expe-
-1 riance of its productiveness. The ridiculous no-
tion fraudulently started by Mr. GLADSTONE,
when Chancellor of the Exchequer, and fostered
and supported by the Times, respecting its aboli-
tion in 1860, may, therefore, be at once and for
ever banished from the popular mind. We must,
therefore, reform the entire system, so as to obtain
an equal, or nearly equal, amount of money—
but by fairer means.