The Sun.
London, England, 1845-05-07 00:00:00

TWO PILLARS OF THE CHURCH.

This is the title of a sketch just brought cut by
11. B. It represents Sir Robert Inglis and Mr. Thomas
Duncombo walking arm-in-arm. The Baronet, who
looks very grave, does not seem to like his company,
arid is evidently anxious to shake off the new ac-
quaintance. The other is in a very gay mood, and
enjoys the joke wonderfully.

CONSTITUTION OF JERSEY.
LETTER 111.
TO THE EDITOR OF THE SUN.

Sia,—There is, perhap', no law which strikes so
effectually at the root of all commercial faith, and is
so well calculated to injure tie prosperity of the Is-
land, as the custom which I mentioned in my second
letter, of "separation pant aux biens;" for were it
universally kno evn, but very few would be found
willing to trust any one here with their goods upon
credit. By this act, the parties are considered in law
as strangers, neither being liable for the other—they
can not only enter into separate contracts, but those
between themselves are valid—aye! to the pre-
judice of the creditors. I have already told
you that their position as man and wife
is not :tffected in anything else but property—they
live trgether as usual, and their business is apparently
carried on rs before. Now, let us assume that a man
has traded largely, has hitherto paid all his engage-
ments
punctually, and thus his credit being good has
succeeded in obtaining an immense stock in trade—
that moreover he afterwards becomes so much behind
in his payments (no matter whether purposely or not),
that some one is induced to levy an attachment upon
his goods ; then comes the fruit of this precious Norman
law, for it turns out not only has he sold the
property to his wife, but the house even is
taken in her na,ne ; and notwithstanding the whole
of the property may have been, up to the time of
arrest, under the management and in the occupation
of the husband, not a fraction of it is liable for the
payment of his debts, as it is the property of his wife.
Although this transfer is fraudulent it is valid, and
as nothing but the body of the debtor is thus left to
liquidate the claim, and that will not satisfy it, the
creditor is obliged to accept whatever terms the wife
chooses to offer, in order to free her husband from per-
sonal arrest. Methinks you will say that no better or
easier mole of swindling could be devised than this
legal one of separation plant aux biens. Let us, how-
ever, see whether we cannot match it. He who is
declared " tenant" under a " decret," upon satisfying
all prior claims, and paying
the expenses, is entitled
to all the surplus however great. Suppose a bank-
rupt's estate is worth 10,000/.—that his liabilities in
the Island are only 5,0001., but for which judgment
has been obtained, and they are registered according
to law—that he is also indebted to creditors in Eng-
land to the amount of 10,0001. who may perchance
have supplied him with every article of his stock in
recover
;of
innoticaen,ehhavae
ttarakdeen, I
nAlot
swtehpo, tfoor
wantcase, the first creditor on the list would declare him-
self tenant, pay the rent in full, and after deducting
the expenses, receive a surplus considerably greater
than would suffice to pay the English creditors 25
per cent. upon their claims. After learning that a
man can legally receive even thousands of times more
than the amount which is owing to him, at the ex-
pense of those whose claims are either of a subsequent
date to his own, or for which no judgment has been
obtained, it cannot excite any surprise to find
by law he can also swindle those of a prior date.
Now, m2rk well, although his own claim may be a
paltry 51., and it is notorious that he himself
is insolvent, it is no bar to his becoming tenant. His
accounts are not subject to any inspection, and the
law calls for no security that he will fulfil the very
conditions upon which it has awarded him the estate.
He does not hold it in trust for the benefit of those
whom the law declares to be participators, but is
bona fide the uncontrolled master and owner of it.
madnd
epde recsi
aa
tnec, ea find n
thes opmu
re dhia
sffiecru
bl tuy
it
disposing
the
He can therefore sell it when he chooses. 'Tis true
s
t
risk
of losing it, but as this does not 3
thhee la
apply to the personal
property, he can either remove it beyond the
jurisdiction of the Court, or part with it, and •
abscond. You will naturally • • inquire why lie
cannot be arrested if any • •
suspicion attaches to him? .
Because, as if on purpose to render complete this great
act of swindline, the
„„, law makes an invidious dis- •
tinction between a landed proprietor, and one who is
not so. The latter, as I told you in my first letter,
is liable to arrest of person or property at all times,
however small the amount of his debts, but the
former being exempt from both, and also from all
proceedings out of term time, can only be actioned •
for the amount of his liabilities, however great
they may be ; the tenant becoming im—
mediately entitled to this privilege upon
being awarded the bankrupts' landed estate, can
contest any actions brought against him by the prior
claimants for his Ron-payment of them ; these actions,
by the practice of our Court, he can delay, from time
to time, and before judgment is obtained against him,
can be beyond the reach of the laws of an Island
which have given him the power to be so. B. L.

The Rev. Ridley 11. liersehell went by the Hiber-
nia
steamer, on the 19th of April, to the United States. His visit
to his brethren in that country is made at the request of the •
American Society for meliorating the condition of the Jews,--
Voice of Israel.
FREEMASONRY.—The Right Hon. the Earl of
Zetland, Most Worshipful Orand Muter of the Ancient Free,
and Accepted c‘cartsedhipMfuar;nros
voinf
clEailigolarnatd
sion of Lancashire. Master I ouftedthrde ZasFternESitZ •

Vtirb Vilbition

SUN OFFICE, Seven o' Clock.

RAILWAY COMMITTEES.

(THIS DAY.)

Group E.

THE NORTHUMBERLAND ATMOSPHERIC LINE.
The Committee resumed the consideration of this proposed line
of railway this morning. At their sitting the Noble Chairman
intimated that the Committee were willing to sit during the Whit-
suntide vacation if the counsel and their clients were inclined that
hey should.
Mr. ALEXANDEh said that, as far as he and his side were con-
cerned, they had no inclination that the Committee should be put
to the trouble of sitting during the vacation.
Mr. HILIDTARD said that it would be a very great convenience to
his clients if the Committee sat till their part of the business was
transacted.

The final decision on that point was then deferred till Friday.
The Noble CHAIRMAN, after the room had been cleared for a
short time, said that the Committee had determined to ask leave
to sit till five o'clock today, and to meet to-morrow at eleven, for
the purpose of adjourning at two o'clock.
Mr. Brunel's cross examination by Mr. TEMPLE, with regard to
the passage of the line through certain portions of Sir Mathew
Ridley's property was then proceeded with. The witness was then
asked concerning the estimates, which had been already given.
Mr. Brunel was then re-examined by Mr. ALEXANDER—tie
stated that there were a great number of engines in the vicinity of
Mr. Brandley's and Sir Matthew Ridley's property, none of which
consumed their own smoke, as will be the case with the sta-
tionary engines on the proposed line. The opening of the Nor-
thumberland line would probably lead to the adoption of the at.
mospheric principle on the northern railways. Mr. Brunel's
evidence occupied the attention of the Committee for some time,
and corroborated the principal statements made by Mr. Samuda.
Mr. Cubitt was then called, and produced different diagrams for
the purpose of illustrating the method in which the breaks, sidings,
&c., &c., would be used on the atmospheric line. He had no
doubt that the atmospheric principle could be easily carried out.
He has recommended its adoption on the Portsmouth line, and on
other railways in Kent.
On cross-examination by Mr. HILDIARD, he stated that the
North of England line carried a considerable quantity of coals, which
lead to great derangements. He wonld not recommend them to
give up any of their coal traffic. There were three or four coal
depots on that line. What he had said with regard to coal-pit
Lusiness would not be applicable to other mineral traffic. The
Stockton and Darlington line, which he recommended,
passed over several coal-pits, but his reason for re.
commending it was, that it was a shorter line. He
very frequently rcommended level crossings where making
bridges would be inconvenient. It was not one of his recom-
mendations in favour of the London and York Railway that it
would increase the traffic of manure. He believed they intended
to bring coats to Londcn which were to come from Durham, and
it was likely that manure would be taken back. If he managed the
traffic, the manure would form no obstruction to the through
traffic by being distributed in different places on the line.
They had four miles and a quarter of double tunnel on that
line. He did not recommend the Company to alter it for the
purpose. of making a single atmospheric line. He was of opinion
that a greater number of trains could be worked at less expense
per train per mile according to Mr. Brunet's system than by the

locomotive system.
Mr. Cubitt was then re-examined—A given number of trains
would be worked less per train per mile by the atmospheric than
the locomotive system, and would afford greater convenience to the
public. The gradients of the line were such as could be easily sur-
mounted by the atmospheric system. Sometimes it was cheaper to
make a bridge than a land crossing
Mr. Sopwith was then examined. —He surveyed the line in ques-
tion and approved of the plans adopted by Mr. Brunel. He be-
lieved it to be well adapted for the carrying out of his atmospheric
plan. His evidence was merely a cenfirmation of what had
already transpired.
The Committee then adjourned.

Group F.

LONDON, WORCESTER, AND SOUTH STAFFORDSHIRE

RAILWAY.
(Continued from our Afternoon Edition.)
Mr. ALLEN said that he wished to impress upon the minds of the
Committee the distinction in the relative position of his Learned
Friend (Mr. Whateley) and himself. His Learned Friend ap-
peared for some indvidual shareholders in the Birmingham Canal
Extension Company, whereas he (Mr. Allen) appeared on the pe-
tition of the Company under their common seal. He wished to
lay down this distinction, as he did not oppose the formation of the
Company, but was there rather to elicit certain points relative to
compensation to his clients He stated this much, es he did not
know what course his Learned Friend intended to take.
Mr. WHAT/MEV then proceeded to examine the witness re-
specting the damages which it was alleged the formation of the
railway would inflict on the canal without leading to any material
result.
Cross-examined by Mr. Sergeant KINGLAKE—A considerable
number of the great iron works are on the line proposed by the
Creat Western. .This line between Dudley and Wolverhampton
is more convenient to a great proportion of the works, than the
London and Birmingham branch. This is a very thickly populated
district. That portion of the London and Birmingham line from
Dudley to Kidderminster is very circuitous. This is occasioned by a
considerable elevation in the grounds in the direct route. The
treat Western line, as far as it is proposed to be made through
the same extent of country, is preferable. He knew Droitwich
well. There are great salt-works there. The Great Western
'vent through Droitwich. The London and Birmingham proposed
to take a branch there, but is not included in the present scheme.
A great quantity of coal is consumed at Droitwich in the manu.
factory of salt. The gauge of the small coal lines in the district is
about four feet nine inches. Were at present using axles on
our waggons, which have been purchased from the London and
Birmingham Company.
Mr. WHITMORE, who opposed altogether the formation of the
extension line from Dudley to Wolverhampton, on the part of the
canal between those two places, followed in cross.examination.
The line of canal between Birmingham and Wolverhampton is a
very fine one, almost straight, and well adapted for a railway. The
Canal Company has always been very well disposed to give ac-
commodation to the district, and very liberal in all its dealings. A
great portion of the minerals raised in the district and moved from
one part to another, would still he carried by the canal, as the
canal accommodated many parts of the district that would not be
leached by the proposed railways.
Mr. ALLEN, before proceeding to cross-examine this witness,
stated that besides appearing for the Canal Extension Company,
I.e also appeared for Mr. H. Foley, and Mr. Hook, a gentleman
rear Worcester, the latter of whom considered that no additional
railway was wanted in that district, at least such as any of those
proposed by the rival companies. He would, as far as the present
witness was concerned, only confine himself to the case of the last.
'tamed gentleman.
In answer to a question put by the Learned Gentleman, the
witness stated that sinkings of the land sometimes take place
in the district. I know the places where the minerals
are exhausted and the sinkings have taken place. The
greater portion of the mines surrounding Dudley belong to Lord
Ward. The main trunk line from Dudley to Wolverhampton goes
through a considerable portion of Lord Dudley's lands. The
minerals are principally got under that portion of the line. The
reads in this district have often been known to sink in a few
hours. Turnpike roads nearly always sink, but after they settle
down they are tolerably sound. The exhausted mines under the
railway line have not been in operation for many years, and there
Is no danger of rapid sinkings. Rapid sinkings only take place
In recently worked mines, where the props have suddenly
given way. Old mines are often filled with water, and this sus-
tains the surface, but any circumstance that would draw away the
water would lead to the sinking referred to. Some of the bridges
f the canal have given way, and fresh embankments have often
ben made on account of these subsidences. I know of no district
except a portion of Shropshire where so many pit shafts exist as
in the space of country in the neighbourhood of Dudley, Bilaton,
and Wolverhampton. Any portion of the line under which the coals
re not yet extracted would be dangerous if the mines were worked
after its construction, but the company would require notice before
any such workings were attempted, and then have an opportunity
of buying up the mines to prevent danger.
Mr. HOPE re-examined Mr. Smith principally on the points
r-iised by Mr. Allen, during which the witness expressed himself
satisfied with the safety of the proposed line, as the principal shafts
over which the line passed were old workings that had subsided.
The company had full power to purchase any of the unworked
portion. He considered that the stations of the London and Bir-
mingham line at Stourbridge and Kidderminster were much more
e,nvenient than those proposed by the Great Western, the stations
cf the latter being at the first-named place ninety feet above the
level of the town.
In answer to a question fr, m Mr. V. Stewart, whether the coal
district south of Dudley, over which the line passed was similar in
its character to that between Dudley and Wolverhampton, or
w hether the whole of the mines would e
thav to be purchased, Mr.
smith answered that all that portion of rta called the Ten
Yard Coal, would have to be purchased to a limited extent on both
sides of the line.
Mr. Williams, iron-'caster at Tipton, was next called. He was
in the practice of sending iron by the canal to Gloucester and
Bristol to be exported. It took a week and sometimes a fortnight
so go there, and was often detained at Gloucester by the goods
having to be taken from the narrow on to the broad guage at the
t reek there. A railway ought to take them in eighteen hours.
7he greater pennon of his goods in their transit to the ports from
hich he exported would require the narrow gauge.
Cross-examined by Mr. COCEBURN—He would prefer theshortest
line of railway, providing the question of gauge was kept out of
view. If a broad and narrow gauge were placed a'ong the line,
his objection would be removed.
Cross-examined by Mr. WHITMORE—He considered the best line
for the district would be that proposed to be taken along the
canal—the Birmingham, Wolverhampton, and Shrewsbury scheme.
It would connect South Staffordshire in the most direct manner
with London, and save 20 or 30 miles.
Mr. ALLEN cross-examined this witness respecting the sinkings
of the district, without leading to anything beyond what was eli.
cited in the examination of the previous witness.
The Committee then adjourned till twelve o'clock to-morrow.

Group V.
(Continued from our Afternoon Edition.)
Mr. HILL then called one or two witnesses to speak to the de-
terioration of Lord Chesterfield's property •f Gedling by the pro-
-I,,,aed line.
The evidence of the witnesses was proceeding at four o'clock,
hen the Committee adjourned.

CALEDONIAN, GLASGOGWroup DD.
AND CLYDESDALE ,
JUNCTION RAILWAYS.
(Continued from our Aft ernoon Edition.)
Mr COCKBURN then dwelt at considerable length on the present
ie.eans of conveyance between
eGlasgow and London, and showed
line that if the proposed were made, communication between
these places would be conducted at a greatly diminished rate of ex-
-1 ease, and with a considerable saving of time. The importance
a speedily transmitting the ma would be obvious. He
filen alluded to the subject of cattle, coals, &c., when it ap.
',wed that these articles of consumption could be supplied in much
t otter condition, and at less expense, of the present
jrodes of conveyance. The best coals wouldybaelayreduced in price
*rem 17s. and 21s. per ton to the comparative low rate of 7s. 6d.
1 er ton, and the price of lime and ironstone:ftcru
touchingbe diminished
resultr on the
ja proportion. The Learned Gedileman
jireat local benefit which would gener'allythe
).caking of the lin!, said the estimated construction of the
gross to 2,100,0001 and it
works would amount in the
'satisfactory to state that the whole of the works, including.i everywas
possible contingency, had been contracted to be done by bight
respectable and responsible contractors, and there was no doubt
whatever that the railway would be completed within the estimate.
A very profitable return was expected to be realised from the
investment of the capital. The termini at Edin-
-1 urgh and Glasgow had heen laid out to suit the convenience
and to meet the views of the inhabitants of the two cities. The
engineer would satisfy the Committee as to the generally favourable
nature of the country through which the line would pass. In the
first place, there were no tunnels,(and secondly, the gradients, with
one exception, were not of a severe nature. The exception to
which he alluded was from a place called Beatock to the summit
of the Clyde, a distance of seven or eight miles, on which the
overage rate of gradients would be 1 in 97 ; however, to obviate
tie difficulty arising from this inconvenience, an assistant engine
truuld be placed at this part of the line, in accordance with the
plan pursued on many existing iines. The Learned Gentlem
he
an
concluded this very lengthened address by saying that t
question for the Committee to consider would be as to
w hich of the two competing lines now before them was to have
the preference, and read several extracts from the report of the