The Sun.
London, England, 1844-12-21 00:00:00

NEWINGTON SESSIONS.

(Before T. PUCKLE, Esq., Chairman, and a full Bench
of Magistrates.)
On Thursday, a special sessions was held at the Court-
house, Newington, before Mr. Puckle and a full Bench
of Magistrates, under the 7th and Bth Victoria, cap. 101,
to adjudicate upon the applications under the bastard),
clauses of the Poor-law Amendment Bill. The applica-
tions were very numerous, and in all the cases which
came before the Court, with one exception, in which the
Magistrates thought there was not sufficient evidence,
the putative fathers were ordered by the Magistrates to
pay 2s. 6d. per week for their respective offsprings, from
the time of the first application for the summons, exclu-
sive of costs varying from 20s. to 30s.

The new bastirdy— clauses of the Act came into opera-
tion on the 9th of August last, and Mr. Boxer, the chair-
man of the board of guardians for St. George's, South-
wark, was in attendance to watch the eases and the
working of the Act.

In one of the cases before the Bench, Mr. Pummt,
the chairman, asked Mr. Ware. the magistrates' clerk, in
the event of the father not paying the costs, could he re-
cover them from the female ? Mr. Ware replied in the
affirmative.

Mr. JOHNSON (the magistrate)—Yes ; and a more
cruel, harsh, and unjust measure than these bastardy
clauses never passed the Legislature; and the more I see
of them, the more am I satisfied that they amount to a
total denial of justice, and hold out a temptation to crime.
Here is the absurdity and cruelty of the law—the third
section gives the justices power to make an order on the
pigatire father, and to enforce the same by distress or
committal, after one month from the date of the order.
The father has the power of appeal to the sessions; in
which case the whole of the expenses must fall upon the
unfortunate female—she must find travelling expenses,
lawyer, counsel, witnesses; and she is probably poor and
friendless, ignorant, and totally unacquainted with the
law. From the cruel operation of these clauses, the
worthy magistrate said, that in three cases out of four
the appellant would be successful, and get off without
having to maintain his child.:Then, again, as to the hard-
ship of the case, the parish officers would formerly assist
the female, and compel the father to support his illegiti-
mate child; but here, under the seventh section, the pa-
rish officers are, under a penalty, positively pro-
hibited from interfering; the words are, they shall
not interfere in any respect." Again, the eighth section
declares the parish officers to be guilty of a misdemea-
nOur if they in any way endeavour to force the man, or
persuade him to do an act of justice by marrying the
female. And yet the mother is punishable for the neglect
or desertion of her bastard child, and may be committed
to prison. He (the worthy magistrate) repeated that it
was a monstrous denial of justice ; and he was at a loss
to know how the Legislature could expect the magistrate
could conscientiously administer justice by enforcing the
provisions of such a law.
Mr. WARE said the Act was altogether incomprehen-
sible.

Mr. PUCKLE (the Chairman)—lt is extremely defec-
tive and loosely worded, and exceedingly vague in its
meaning.
The other Justices fully concurred, and the matter
then dropped.
A female applied to the magistrates for a warrant to
enforce the payment of an order of 2s. 6d. per week,
made upon the father of her child at the last sitting of
the bench. The father only laughed at the order when
served on him, and said he would pay when he was made
to pay, and not before.
Mr. JouNsoN—Did you demand payment at the time
you gave the order to the father? Applicant—No, Sir;
I told him it was your worship's order, and he only
laughed at it.

Mr. JOHNSON said she ought to have demanded the
amount at the time of serving the order.
The applicait said she was really ignorant how to act.
Mr. JOHNSON—There can be no doubt of it. How
are these poor creatures to know the working of these
monstrous laws ? The man may well afford to laugh at
the Magistrate's orders. The fathers of illegitimate
children might get out of the way, or put the female to
an enormous expense by appealing to the sessions. No
wonder that illegitimate children were on the increase.
The worthy Magistrate again condemned the clauses of
the new Poor.law Amendment Bill relative to bastards
as an act of inhumanity and injustice.
Mr. PUCKLE remarked that hitherto the appeals had
been very few.
Mr. JOHNSON—There were two last sessions, and how
many we may eventually have from the whole county it
is impossible to foresee.
_ _

The Magistrates were unanimous in condemning these
clauses of the new Poor-law Amendment Act, and said
that part of them were totally incomprehensible and
absurd.

In one case a man said he had so many illegitimate
children that he really could not afford to pay for any
more. He was ordered to pay 2s. 6d. per week and 20s.
costs.

INCENDIARISM.—A few nights ago, a large cow-
house, containing a quantity of reed and straw, situate
at Great Elm, near Frome, th© property of the Rev. Dr.
Griffiths, was entirely consumed by fire ; and there is no
doubt it was the vile act of an incendiary, as the build-
ing was ate a considerable distance from any other pre-
mises.— iltshire Independent.

Dispatches were received yesterday at the Colonial-
office from the Governors of Van Diemen's Land, the
Mauritius, and the Gold Coast.

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JUDGES-at the CENTRAL Clil34A
COURT, 1845.
The following is a Nit of the Judges who will pre
in rotation at the sittings of the Central Criminal Ct
during the year 18457 up to the commencement
Michaelmas T, rm :
January B.—The Lord Chief Baron of the Exchec
(Sir Frederick Pollock), Mr. Justice Patteson, and
Justice Erie.

February s.—Mr. Baron Alderson, Mr. Justice
liams, and Mr. Justice Cresswell.
March s.—The Judges of the Norfolk and N(
Wales Circuits.

April 9.—Mr. Baron Gurney, Mr. Justice Colerii
and Mr. Justice Coltman.

May 14.—The Lord Chief Justice Denman,
Baron Alderson, and Mr. Justice Coltman.
June 18.—The Lord Chief Justice Tindal, Mr. Just
Patteson, and Mr. Baron Gurney.
July 9.—The Judges of the Norfolk and North Ws
Circuits.

August 20.—Mr. Justice Williams, Mr. Baron Ito:
and Mr. Justice Cresswell.

September 1 7.—Mr. Baron Parke, Mr. Justice Wig
man, and Mr. Justice Erie.

October 29.—The Lord Chief Baron of the Excheby
Sir Frederick Pollock), Mr. Justice Coleridge, and .1
stice

IRELAND.
CHARITABLE BEQUE,TS ACT.
DUBL DEC. 19.—The following is the opinion
the law 0 `Peers of the Crown upon the case submitted
' direction oi the Lord-Lieutenant, in consequence of t
made by Dr. Murray, Roman Catho
representatio,'
Archbishop of ,T)ublin,
who had transmitted to his E
cellency the
pubh:shed opinion of Mr. o.o4:nnell respei
ing, the operation of the Charitable Bequests Act as
gards the regular clerg: v in Ireland :
" QUERIES ON THE CONSTRUCTION OF VIZ 7 AND
E BEQUESTS BILL,. XRELANI
VICT., C. 97 (CLIARITABL:
E RIGHT HON. TUB A
FOR THE OPINION OF
TORNEY AND THE SOLICITOh 'GENERAL.
" First,—Whether the provisi,,ns of the 10 Geo.
cap. 7, which are referred to in th; 15th sec., t
Charitable Donations and Bequests .Act, render t
donation or bequest to any member or members of
religious order or community in the said pr.'visions m
tioned unlawful ?
" Secondly—Whether the Charitable Donations an
B:-.quests Act is calculated to prejudice or raise SIX
doubt, by implication or otherwise, as to the pre -exis
inn rights of any member or members of such re4giot
older or community as aforesaid ? And if it be, •,wh
alte-rations would it be desirable to have made in the Ak,
for the purpose of preventing such implication or doul
" Thirdly—lf a devise, donation, or bequest for al
• ritable purposes be invalid, as being contrary, to ‘t
policy of the law, would it be the duty of the Comm
sioners to sue for the recovery of the came, and apply
to other charitable purposes—or how should it be rec
vered or disposed of ?'
" OPINION.--(COPY.)
" First—There is no provision in the Roman Cathol
Relief Act, making devises, donations, or ,bequests
or in trust for, religious orders, communities, o.'r societi
of men of the Church of Rome, bound by monistic
religious vows, unlawful. But a court of equity ire.•ll
not enforce a trust in favour of such a religious cot:
munity, as it would be against the policy of 10 Geo. IV
cap. 7.
" We are, however, of opinion that the 10 Geo. IV
cap. 7, does not, either expressly or by implication, rer
der a devise, donation, or bequest to a member or MEM
hers of such religious order unlawful. A devise, Bona
tion, or be quest to a member of such religious order, fo
his own use, or upon any trust not contrary to lea
would, in our opinion, be valid.
" S:condly—We are of opinion that the 7 and 8 Vic.
ea:).97
has not in this respect made any alteration it
the
,',
aw, amd that it is not calculated to prejudice or rais,
ace c,:tubt, by implication or otherwise, as to the pre
existing,' rights of any member or members of such reli
giotzs ord6.* or community.
" The 22a section provides that 'nothing herein eon
twined shall be taken to avoid or render unlawful an)
bequest vvhioh but for this Ac
donation, devise, 0/...
would be lawful, exce .: as to the time within which thl
li
deed, will, or instrument scontaining such donation, de.
vise, or bequests for pious or charitable uses is hereinbe•'
fore required to be executed ant! registered.:
" This latter part of the section, as to the time irithit
which the instrument is to be executed, referero the 16th
clause of the Act, which clause apprici., to members of
the Established Church, to Roman Catholics, algid to al
Dissenters.

"Notwithstanding the enactment in the 22d st ction,
above mentioned, it has been suggested that the pr‘ wise
at the end of the 15th section contains an express let
lative declaration that a devise, donation, or bequest t a
member of a religious order is illegal—we do not concur
in this opinion.
" The 15th section of the Act was intended to fac4li-
tate the endowment of the ROMGO Catholic secular cleri y
—and we are of opinion that the proviso in that seetios
was added to prevent any question being raised th at
it authorised a donation, devise, or bequest to the cot a.
missioners and their successors for tlie benefit of at iy
but secular clergy.
. _ _

" The proviso-does not, in our opinion, eithe? expressly
or by implication, render illegal any donation, devise, or
bequest, which but for the passing of the Act would
have been lawful. The 22d section of the Act renders
this construction of the proviso quite clear. The sta-
tute confers no benefit on the regular clergy—but it
creates no disability, either expressly er by implication.
" Thirdly—lf a charitable donation, devise, or be-
quest be invalid, as being contrary to the policy of the
law, it belongs to the Crown to dispose of it by thr
sign manual for such legal chartable purposes as to •Al
Crown may seem proper. And women it belongs tr.) th
Crown, by sip: manual, to dispose of property given o]
devised fur purposes, the prcessdings shouh
bo an information i.',Jed by the Attorney --General, ant
not a suit by, or in th,, name of, the Con....missioners
Charitable Donations and Bequests.—Attorne-r-Genera
r. Mathews, 2 Levins, 167 ; Clifford v. Francis;- Free.
man's Equity Reports (Ed. 1823), p. 130 ; AttOmey.
General v. Syderfin, 1, Vernon, 224 ; Moggericisfs
Thackwell, 7 Vesey, p. 74.
" It is to be observed, that by the former Charittable
Bequests Act (40 George 111., c. 75, Irish), in case it
should be inexpedient, unlawful, or impracticable to ap-
ply a charitable donation, devise, or bequest, strictly
according to the directions and iatentions of the donor
or donors, the Commissioners were authorised to apply
the same to such charitable and piois purposes as they
should judge to be nearest and most conformable to the
directions and intentions of the donor or donors.

" This enactment is omitted from the Ast of last ses-
sion, " T. B. C. SMITH.

" Dec. 13, 1844." " RICH. IV.---63EkNE.
MEETING IN THE DOMINICAL CHAPEL.

There was a very numerous meeting held this day, in
Denmark-street Chapel. Alderman Staunton presided.
After resolutions were passed, strongly condemnatory of
the Charitable Bequests Act,
Mr. O'CONNELL addressed the meeting. He com-
menced by advez ting to the Extraordinary Gazette of
last night. When he last spoke in opposition to the
board, he did not know how it was constituted. Now
he had the names of its members officially announced,
and any remarks which he had to make in reference to
the Catholic Prelates who had consented to act upon it,
should be with the great respect and veneration.—
(Cries of " Hear, hear.") It was a triumph of one
portion of the Catholic community over another, aid he
was one of the defeated party. This was regarded as a
triumph by the Government, who could not wait
to announce it in the ordinary course, but adopted
the mode used in time of war—they announced
their victory in an Extraordinary Gazette.—(Hear, bear.)
He regretted not been able to agree in opinion with these
venerated prelates; but, after all, they were like himself
only fallible men, ard, with great respect, he expressed
his opinion that they were in error. He feared.that the
Bill would have the effect of seriously checking Catholic
bequests. Men woulkl not like to have their affairs ran-
sacked by a board, the majority of which were hostile
to his religious belief. Mr. O'Connell stated that he
had seen a letter from Rome, and from a quarter entitled
to the most implicit crtdence, stating that a Mr. William
Peter, an English agent, was in that city negotiating a
concordat with England, in connexion with the Austria'
envoy.

ANOTHER MURDER IN TIPPERARY.
The Evening Post contains the following:—" A letter,
we understand, has been received in town, announcing
the lamentable intelligence that another murder has
been committed in the northern division of Tipperary.
The victim of agrarian crime, in this instance, was Mr.
Henry Carden, \‘ ho resided near Templemore. It was
stated that he was fired at yesterday, and died soon after.
No details are given. The Tipperary papers contained
some weeks since accounts of proceedings on the part of
Mr. Carden against some tenantry."
ATTEMPT AT MURDER IN MEATH.—A letter from
Athboy states that an attempt at assassination was made
in that neighbourhood. An extensive grazier, whose
name we have not learned, went out yesterday evening,
accompanied by his brother to look at some cattle, when
they were fired upon. The brother, it is stated, was
wounded, but we hope not dangerously.
FUNERAL OF THE LATE EARL OF LlMERlCK.—There-
mains of the late Earl of Limerick, with those of the late
Lord Glentworth, grandson, and Lady Mary Pery,
daughter of his Lordship, will arrive at Limerick, on
Saturday, and be laid in state at the family mansion, in
Henry-street, until Monday morning, from whence they
will be conveyed for interment in St. Mary's Cathedral,
followed by the executors and relatives of the deceased.
A Cuaious ESCAPE PROM SHIPWRECK.—AD an out-
ward bound vessel was bearing up for this port on Tues-
day evening, she was driven by the fury of the storm,
bowsprit foremost, on Carden Head, with such force that
the bowsprit was shivered in atoms. The recoil seat her
back some hundred yards from the rock, and, notwith-
standing the fearful concussion, she was enabled to reach
this port in perfect safety.—lVaterferd Chronicle.

DEATH OF A FEMALE WHILST WATCHING A
CORPSE.—Last evening Mr. Baker held an inquest at
the Gun tavern, Gun-docks, Wapping, on view of the
body of Eleanor Thomas, aged seventy-five years. It
appeared by the evidence of a brother of the deceased
that on Wednesday evening, about seven o'clock, the
deceased was sent for by some neighbours residing in
Wapping,o to sit up during the night with
the corpse her. She was then in her usual
Well-street,
of
their mother.
apparent good health. About four o'clock in the morn-
ing deceased was suddenly seized with illness. Her
brother was sent for, and she was removed to her own
house in Gun-street, in an apparently lifeless state. Mr.
Betson, a surgeon, was in a few minutes in attendance,
but, upon examination, he pronounced life to be quite
extinct. The gentleman said he attributed death to an
attack of spasms in the stomach. Verdict in accordance
with the medical testimony.
The Earl and Countess of Kenmare left Farrance's
Hotel, Belgrave-street, on Thursday, for Dorn.