The Sun.
London, England, 1844-10-31 00:00:00

TritTES3i.,/, EVENING SU N 9 OCTOBER 31, 1844.

tAVI TE /RD
.EDITION NI SEVEN O'CLOCK, for POST, oontaining PARLIAMENTARY and all other NEWS in LONDON up to that Row.

IXFORD. WORCESTER, AND WOLVER-
HAMPTON RAILWAY.
Capita!, 1,500,0001. Shares, 50/. each, Deposit, 21. 10s.

v. Or :POLYTECHNIC INSTITUTION.
14-1 AL
The poleso,is and their ANTIDOTES.—PRUSSIC ACID is
the subject of Dr. RYAN'S present Lecture at half-past Three daily,
and on the Evenings of 3londay, Wednesday, and Friday, at a
Quarter beim° Nine. Professor BACIIIIOFINEIVA varied Lectures
c.unnience at Half-past Twelve o'clock daily, and in the Evenings
of Tuesday and Thursday. All the Lectures abound in Interesting
Experiments. The PROTEOSCOPE illustrates the Passions, front
Collins's Ode, by Pictures, with Vocal and Instrumental Music. EL-
traordinary effects by the magnifying plwer of the PHYSIOSCOPE,
and the OPAQUE MICROSCOPE ; -the HYDRO-ELECTRIC MA-
CHINE, DIVING-BELL and DIVER, with experiments ; various
interesting additions to the Museum. The present Dissolving Views
will be shortly withdrawn.
Admission, Is.: Schools, Half-price.

EASE IN WALKING.
WILLIAM BADDELEY, of 130, STRAND,
is induced to give publicity to his much-admired PRE—
PARED LEATHER (so noted for extreme SOI•TNESS and
R A 3ILITY), in consequence of the patronage he has received,
and the general satisfaction given by him in manufacturing the above
into BOOTS, &c., on his peculiar fitting prikciple of combining
elegance with ease. An exten‘ive assortment of best made articles
always ready on sale. Established 50 years.
No 1 0, Strand, corner of Waterloo-bridge, London.

LORD DENMAN'S SPEECH.

THE JUDGMENT OF LORD DEA'MAN
THE CASE OF O'CONNELL AND OTHERS
AGAINST THE QUEEN. as delivered in the
House of Lords, Sept. 4, 1844 ; with Notes, a Preface,
and Additional Observations. Edited by David Leahy,
Eaq., one of the Counsel in the Cause. London,
IL Butterworth.
[Continued from The Sun of Oct. 29.]
The important passages of the judgment not actually
addressed by the Chief Justice to the Lords, but by
him committed to writing, with the original intention
of incorporating them into the address actually de-
livered, are comprised in the following " Additional
Observations:"—
[I had originally intended to distribute a portion at
least of the following matter through the preceding part
of the publication, in the form of notes, appended to the
several parts of the text to which they be respectively
appropriate. But as this proceeding would have the
effeetV interrupting the continuity of perusal and dis-
turbing-the univ' of impression, I have thought it better
to pre sent the matter altogether, in its present form and
situation, cfeelirfg convinced that every person who is
capable of understanding the nature, and estimating the
importance,_of.the subject, will agree with me in think-
ing that these " Additional Observations" are in no
degree inferior to the judgment itself, either in respect
to the cogency of the argument—the lucid exposition of
the subject—the aptness of the illustrations, and above
all, in the dignified earnestness of the zeal with which
the Noble and Learned Lord has vindicated the sanctity
of the administration of justice, and preserved to all the
subjects of the realm, the ancient and constitutional re-
dress against all occurrences, whether intended or acci-
dental, which could have the effect of contaminating the
purity and in-partiality of trial by jury.]
‘" The challenge was demurred to by the Attorney-
General, and the demurrer allowed, after argument, by
the Court. The challenge was overruled, whether cor-
rectly or not, we are now to inquire—a question of the
highest and most extensive consequence, as affecting
jury trials both in England and Ireland, the statutable
enactments under which they take place in both parts of
the United Kingdom being substantially the same.
"In both the clerk of the peace originates the process
by which juries are constituted. In England he sends a
precept to the chief constable, who calls the parish
officers into action, and then returns to the petty sessions
lists of persons liable to set ee. The petty sessions make
from them a general list, and hand it over to the quarter
sessions, whose officer transmits it, when it is revised and
settled, to the sheriff. In Ireland the cess-collectors are
the persons required to send such list to the quarter
sessions, i.e., in the county of the city of Dublin, to the
recorder, whose duty is to reform and marshal the lists,
and send them to the sheriff. In each part of the United
Kingdom the sheriff makes from these lists a book,
called the Sheriff's Book, whence all the juries to try
issues during the ensiling year are to be drawn in the
manner pointed out by the Act. The challenge here is,
that the recorder did not send to the sheriff the lists
which he himself had awarded and adjudged to be the
correct lists, but that between his revision of them and
his transmission of them to the sheriff, sixty names had
been by some unknown person fraudulently withdrawn
from the lists, and that the book, from which the panel
was afterwards returned, was defective by the omission
of these sixty names.
" A doubt appears to have been entertained whether,
under the present jury system, the proceeding by chal-
lenge to the array is still a part of the law. In some
form it is essential to trial by jury. It is a part of our
ancient law, and it is clear that it has not been abolished
by express enactment.
" Whether a privilege of such great value could be
taken away by implication, might admit of grave deli-
beration. But the intention to repeal without substituting-
any similar security is hardly to be believed. Penalties
are imposed on all the successive officers employed on
this duty for the neglect of any portion of it, but there is
no provision that the defective lists shall stand good not-
withstanding. The great object of improving the mode
of appointing juries was undoubtedly to pv-ify the prac-
tice, and prevent all tampering, and suspicion of tamper-
ing, with the construction of those imnortant bodies.
But if the present doubt is well foundea, the most im-
pure proceeding might pass unquestioned ; the most
corrupt packing of juries might prevail. For though in
the present instance no suspicion is felt as to the motives,
this argument goes the length of depriving the parties of
all redress, however criminal the design may have been.
This question is not, however, open to speculation.
The Act of 6 Geo. IV., c. 50, which is our Jury Act,
and that of 3 & 4 Will. IV., c. 91, which is the Irish
Jury Act, repealed certain parts of the former law, and
left the rest: each having expressly abolished the writ
of attaint, and certain causes of challenge to the polls.
refers to, recognises, and thereby preserves, the right of
challenge to the array, the former in its 28th section,
the latter in its 21st-
" From admitting such challenge for the cause stated
in the present case, great inconvenience is however pre-
dicted. The objection being to the book of jurors for the
current year, is supposed to prevent the summoning any
good jury for that year. The Chief Justice observed,
This is not the case of neg. v. O'Connell alone ; it is
the case of all parties who have issues to be tried during
the period for which the book is to be in force. The
Court cannot set aside that array without setting aside
the book itself from which all juries must come.'
" This doctrine seems open to many observations. 1.
Whatever inconvenience the law produces must be borne
by those whose duty it is to administer the law. The
excessive inconvenience of one construction of an am-
biguous Act may furnish a strong argument in favour of
another construction equally consistent with its words:
but it cannot introduce words which are not there, nor a
construction of which no words which are there are sus-
ceptible. 2. Taking the supposed inconvenience at the
highest, what are we to say of subjecting parties,
through any misconduct, negligence, or default, in
official persons, to a trial by a different jury from that
which the law provides for them. But 3. The incon-
venience imagined is a chimera, if the objection be of
such a nature as to prove that the book called the Jurors'
Book appears to have no title to be so styled. And this
appears to me to be its true result ; for if the sheriff
has not received the book described and required by the
Act, the Jury Acts of both countries have met this in-
convenience by express enactment. Provided,' says the
14th section of the Act for England, and in the same
form the 11th of the Act for Ireland, that if there shall
be no jurors' book in existence for the current year, it
shall be lawful to return jurors from the jurors' book
for the year preceding.' And if this construction of the
proviso be considered doubtful, still, 4. it may be ob-
served, that the supposition of the Court's setting aside
the book generally, when they give effect to a challenge
of the array in a particular case, by reason of the imper-
fection of such book, can hardly be maintained. Other
parties may not challenge, notwithstanding the defect,
and the book actually sent by the sheriff, if unchallenged
must stand (rood ; or they might be unable to prove the
facts, or might have waived the objection, or be estopped
from insisting upon it.
" Another doubt is expressed—whether challenge lies
to the array after a special jury has been struck,—a
doubt, I presume, resting on the principle that a party
who attends the striking of the special jury must be
taken to waive all objection to the book whence the forty-
eight names are drawn. But a parenthesis in section
the 25th of the Act for Ireland, literally transcril ed
from the 32d of that of England, expressly contemplates
the non-attendance of the parties, and provides what
shall be done in their absence. Now the present record
gives no information whether the parties attended or not.
If the Attorney-General had, instead of demurring,
pleaded their attendance as a waiver, the traversers
might have replied in denial of the fact, or might have
explained it in some way which would prevent its opera-
tion as a waiver. But perhaps it is sufficient for this point
—that a challenge lies to the array after a special jury
has been struck—to rely on the direct authority of Lord
Tenterden, and the whole Court of King's Bench, in
It. v. Edmonds.
" Those who argue against the right of challenge to
the array must be content to take up a position ever
regarded by our Courts with the utmost jealousy—that
here is a right which cannot be effectuated—a wrong
without redress. Remedy or redress there is none pre-
tended, however defective the panel may be, or from
whatever cause or motive the defect has arisen, unless it
can be obtained through the old and well-known con-
stitutional proceeding of challenge to the array.
" But an opinion has in some way grown up, that the
array can be challenged for no cause but one—partiality,
or, as our books phrase it, unindifferency, in the sheriff.
Now, though this was probably the most ordinary ground
for such challenge, and though on conviction the sheriff
would be punished by the Court, whose officer he was,
it is obvious that the object of the party challenging
must have been his own security, much more than the
sheriff's punishment. his security is a lawful jury.
Unindifferency in the sheriff might deprive him of it ;
but so might other faults. Unindifferency is plainly
stated by Lord Coke as an example ; he adds the snore
general word default,' and constantly repeats both in
describing the effect of the challenge. If then the
sheriff, or other officer (i.e., such other officer as may by
law be clothed with his duty of returning juries), should
transmit to the Court a panel from a list out of which it
ought not to have been taken ; as if he should insert
names of persons having no qualification within his
bailiwick, here is a default, which would support the
challenge. Is it not equally a default to make up the
panel from a book which omits a whole class that ought
to have been there ? If the law enjoins him to make
to
general list, composed of lists A, B, and C
he
thinst pro-
per , and
select his panel from that general list,but
per to compose his general list from
. lists
tmtA:ainndvo l
I3voo less
is this no default ? It may be venial—it
blame to him than to some of his subordinates,
its and
ofthe
Court may properly refuse to exercise power
punishing the officer ; but surely the party, who has
duly complained of the evil consequence to himself and
his own security for a fair trial, cannot justly have that
unlawful jury forced upon him.
" Still it is urged that the sheriff must be the party in

INCORPORATED LAW SOCIETY.
LECTURES will be delivered in the Hall of the Society, on
MONDAY and FRIDAY Evenings, In the months of November,
December, January, February, and March next, at Eight o'clock
precisely.
CONVEYANCING LECTURES, by CAYLEY
SHAD WELL, Esq.
The subjects of these Lectures will be :-1. The 7 and S Viet.
cap. 76, entitled " An Act to simplify the Transfer of Property.''
2. Such Parts of the Law of Mortgage as peculiarly relate to the
Practice of Solicitors.
COMMON LAW and CRIMINAL LAW LECTURES, by
A. J. STEPHENS, Esq.
1. The Law as applicable to Railways. 2. The Law of Joint-
Stock Companies. 3. The Law of Evidence in Civil Actions and
Criminal Prosecutions.
EQUITY and BANKRUPTCY LECTURES, by JOHN
ADAMS, Esq.
1. Jurisdiction of Equity in Matters of Account. 2. Proceed.
Ings in Equity subsequent to the Replication. 3. The Effect o
Bankruptcy on Dispositions of Property made or attempted pre
viously to the Act of Bankruptcy.

IMPERIAL AUSTRIAN LOAN for the 2d of
A.. DECEMBER NEXT.-70,1701. divided into 700 Dividends
the highest amounting to 23,0001., and the lowest to 501. Bonds at
31. each ; Fifths, 125., or six Bonds for 151., &c., &c.
Payments for the same can be made by Post-office orders,*Bank-
notes, or Bankers' Drafts.
Prospectuses, with full particulars, and Bonds, can be obtained by
early application to Messrs. F. E. FULD and CO., Bankers, Receivers,
and General Agents, Frankfort-on-the-Main, or at their Office, 32,
Villiers-street, Strand, London.

MONEY.— GRAND DISTRIBUTION •of
70,170/. sterling, authorised by his IMPERIAL MAJESTT
and the GOVERNMENT of AUSTRIA.
The NEXT DRAWING of the IMPERIAL AUSTRIAN LOAN
will take place at Vienna on the 2d of DEcEmnEa. and be paid in
British money. There aro 700 prizes, of 23,000/., 5,0001., &c.; the
lowest prize 50/. A few tickets, 3/. each, shares, 125., with prospectus
—six tickets for 151.—may be obtained of Messrs. J. Straus and Co.,
Bankers and Receivers-General-office, 26, Bouverle-strcet, Fleet-
street, London.

For all

For each

.Itemittance can be made by Pest-office order. Government lists
of the drawing will be sent to each purchaser. Office-hours from
we've to three.

Three Courses. Course.
By Articled Clerks of Members £2 0 0
By Articled Clerks of Gentlemen not

FIVIPLOYMENT.—Persons having a little time
to spare are apprised that Agents continue to be appointed In
London, and country towns, by the EAST INDIA. TEA COMPANY,
or the sale of their celebrated teas.
Offices, No. 9, Great St. Helen's-churchyard, Dishopsgate-street.
They are packed in showy leaden canisters, from one ounce to a
pound, with the price and weight marked on eack packet, and but
ittle trouble is occasioned by the sale. The license is only I Is. per
annum, and many during the last nineteen years have realised con-
siderable incomes by the agency without one shilling let or loss.
Application to be made (if by letter post-paid) as above.

Members 3 0 0 ...... 1 10 0
By all other Persons not bel ngM embers 4 0 0 2 0 0

LEA and PERRINS' WORCESTERSHIRE
SAUCE.

Prepared from the recipe of a Nobleman in the county.
" Great Western Steam-ship, June 6, 1844.—The cabin of the
Great Western has been regularly supplied with ' Lea and Perrins'
Worcestershire Sauce,' which is adapted for every variety of dish,
!rum turtle to beef—from salmon to steaks—to all of which it gives
r. famous relish. I have great pleasure in recommending this excel-
lent sauce to captains and passengers for its capital flavour, and as
the best accompaniment of its kind for a voyage.
(Signed) JAMES HOSKEN."
Sold wholesale by the proprietors, Messrs." Lea and Perrins, Wor-
cester ; Messrs. Barclay and Sons, Farringdon-street ; and the prin-
cipal oil and Italian warehousemen Ln London ; and retail by the
usual vendors of sauces.

FRAMPTON'S PILL OF HEALTH
The manifold advantages to the heads of families from the
possession of a Medicine of known s tticacy, that may be resorted to
wl'h confidence, and used with success in cases of temporary at 'k.
ness, cccurring in families mere or less every da,s, are so obvious to
all, that no question can be raised of its importance to every house-
holder iu the kingdom. From among numerous testimonials, the
following is respectfully submitted :
70 MR THOMAS PROUT, 229, STRAND, LONDON.

,
" 5, Cooper-street Manchester, March 12, 1842.
Sir,—I have much satisfaction in communicating to you the
result of my experience, after repeated trials, of FRAMPTON'S
I'ILL OF HEALTH, and I feel, it but ju tice to state, 'hat in the
course a many years' trial of various Aperient Mr dimes, I have
nev.r found results at once salutary and efficient in the relief of the
system from redundant bile, &c., &c., with so little inconvenience;
I am, therefore, warranted in declaring that they supply to me a
means long wanting, of being able to recommend to families, school,,
and especially mercantile men, whether at the desk or on the road, a
most valuable re ource i.' an occasional medicine. And I shall take
credit to Tripe t if, in giving this testimony, I am the means of mak-
ing FRAMPTON'S PILLS more generally known and appreciated,
" I am, Sir, respectfully yours, WILLIAM SMITH."
The unprecedented sale of these Pills, arising from the earnest re-
Mirnmendations of the many thousands who have derived benefit
from their use, render any lengthened comment unnecessary, they are
not put forth as a curetor all diseases to which mankind is liable, but for
Bilious and Liver Complaints, with the r many well-known attend-
ants, Bilious and S'ck Headache, Pain and Oppression alter mea's,
Giddiness, Dizziness, Singing Noke in Head and Ears, Drowsiness,
H ear, burn, Loss of Appetite, Wind, Spasms, &c.
Two or three doses will convince the afflict,d of their salutary
effects. 'The stomach will speedily regain i s strength ; a t.ealthy
action of the Liver, Bowels, and Kidneys, will rapidly take place;
and instead of listnesnes., heat, pains, and jaundiced appearance,
strength, activity, and renewed health, extending to good old age,
will be the result of taking this medicine, according to the directions
accompanying each box.
Sold by T. Prout, 229, Strand, London, Price Is. I}id. and 2s. 9d.
Per kiox , and by the Vendors of Medicines generally throughout the
Kingdom.
Ask for FRAMPTON'S PILL of HEALTH, and observe the
Name and Address of `• ThoraasProut, 229, Strand, London," o n the
ilovernmsatiltunp.

NATIONAL LOAN FUND LIFE ASSUE-
AITCE SOCIETY,
26, CORNHILL, LONDON.
Capital £500,000.
Empowered by Act of Parliament.
DIVISION OF PROFITS.
The steady sums and increasing prosperity of the Society has
enabled the Directors, at the last annual investigation declare a
second Bonus, averaging 60 per cent. on the amounts 'nye ed on each
Policy effected on the Profit scale.
EXAMPLES.

71.. g,
_,
- . - Benue Bonus in g , ~m
Premium. . R. a owg.
.1 a
••, • g added. Cash. =og =0 Eif
.it 11 A,
I ;
.f A e. d. A s. d. A s. d. A a. d. £ a. ds
1837 170 9 3 77 5 1 12 3 9 346 2 3
0 MOO 74 8 4 1838 144 2 2 64 5 6 916 4 2% 13 4
i 1839 116 16 0 51 511 711 9 247 4 5

The division of profits is annual, and the next will be made in De-
cember of ,he present year.
This institution offers many important and substantial advan-
tages with respect both to Life Assurances and Deferred Annuities.
The assured has, on all occasions, the power to borrow, without ex-
pense or forfeitwre of the Policy, two-thirds of the premium paid,
(see table) ; also the option of selecting benefits, and the conversion
of his interests to meet other conveniences or necessity. Assurances
for terms of years are granted on the lowest possible rates.
F. FERGUSON CAMROUX, Sec.

SCOTTISH EQUITABLE LIFE ASSUR-
ANCE SOCIETY,
Incorporated by Royal Charter. Established 1831.
Head Office, 26, St. Andrew's-square, Edinburgh ;
London Office, 61 A, Moorgate-street.
PRESIDENT.
His Grace the Duke of BUCCLEITCH and QUEENSBERRY.
VICE-PRESIDENTS.
The Right Hon. Lord Gray.
Sir Neil Menzies, Bart., of Menzies.
David M. M. Chrichtoun, Esq., of Rankeilour.
ROBERT CHRISTIE, Manager.
The leading principle of this Mutual Assurance Society Is, that the
whole Profits are divisible among the Policy Holders every three
years. In illustration of the eminent success which has attended the
Society, it may be stated that the additions made to Policies have
been at the rate of 2 per cent. per annum on the sum assured and on
the vested bonus.
Thus the holder of a Policy for 1,0001. effected on the Ist of March,
1832, will, if it become a claim during the present year, be entitled
to 1,297/. ; or, if effected on or before the Ist March, 1833, to 1,2751.,
and so on as regards other Polities.
The Accumulated Fund exceeds 260,0001., and the Annual Revenue
is above 70,0001., the whole being in "a course of steady and increas-
ing prosperity.
No other Life Assurance Institution whatever can warrantably
hold out greater advantages to parties Assuring than this Society does.
WILLIAM COOK, Agent for London.
61 A, Moorgate-street.

LONDON, EDINBURGH, and DUBLIN
LIFE ASSURANCE, COMPANY,
3, Charlotte-row, Mansion-house, and 18, Chancery-lane, London.

DIRECTORS.

KENNETT KINGSFORD, Esq., Chairman.
BENJAMIN IFILL, Esq.. Deputy Chairman.
Alexander Anderson, Esq. I James Hartley, Esq.

John Atkins, Esq.
James Bidden, Esq.
Captain F. Brandreth.

John M'Cluffle:Escf.
John Maclean Lee, Esq.
J. Marmaduke nosseter, Esq.

♦UDITORS.
H. H. Cannan, Esq. Robert E. Alison, Esq.
MEDICAL ADVlSER—Marshall Hall, M.D., F.R.S., L. and E.
SECRETART—JOIIII Emerson, Esq.
SOLICITORS—Messrs. Palmer, France, and Palmer.

THIS IS THE ONLY COMPANY who are bound not to dispute
any policy, unless they can prove that it was obtained by fraud ;
and for this purpose the Company have, by a clause in their deed
of constitution, unhesitatingly . deprived themselves of the power
of objecting to any policy, unless they undertake to prove that It was
obtained from them by fraudulent misrepresentation.
THIS IS THE ONLY COMPANY who give to the assured on the
mutual principle, the whole of the mutual aceumulations, and also
guarantee the sums assured.
THIS IS THE ONLY COMPANY who bind themselves to pay
the fall amount of the policies, although the debts for which they
were effected shall have been liquidated before the claims arise.
THIS IS ALMOST THE ONLY COMPANY who grant in favour
of creditors whole world policies, whereby the debt is secured,
although the debtor should go beyond the limits of Europe.
TRIENNIAL ASCENDING SCALE TO ASSURE £lOO.

Age.
First Second Third Fourth Remainder
Three Yrs.iThree Yrs. Three Yrs.,Thrce 'Yrs. of Life
!---- Life.
.£ 15. d. I £ s. d. 0. et X s. el £ s. d.
25 . 12 7 19 9 116 11 24 1 211
35 •••••• 1 9 9 119 6 2 9 3 219 0 3 8
45..•••• 2 1 0 214 10 3 8 8 4 2 6 416
55 ••.••• 311 1 410 9 510 5 610 1 7 9 9
60 .• 48 11 517 4 7b 9 814 2 10 2 7

BY THE HALF PREMIUM PLAN only one-half of
miums for the first seven years is required, the ether half
able at the convenience of t4e Assured ; thus allowing
he continue for seven years at one-half of the usual ra
dropped at one-half of the usual sacrifice.
Prospectuses and schedules are forwarded free of expel]
ALEX. ROBERTSON,

if the pre-
f being pay-
a Policy to
ate, or to be

Ise.
Manager.

pRICE'S PATENT CANDLES are retailed by
most of the respectable Dealers throughout the Kingdom at
One Shilling per lb., at which price they are cheaper, taking into ac-
count the quantity of light given, than the commonest Tallow Dips
They are beautifully white, and burn without snuffing more bril-
.iantly than the finest wax.
The trade may obtain them wholesale from EDWARD PRICE
and CO., Belmont, Vauxhall ; or from PALMER and CO., Sutton-
street, Clerkenwell.

BURGESS'S NEW SAUCE, for general pur-
poses, having gained such great approbation, and the demand
for it continuing to increase, JOHN BURGESS and SON beg most
respec'fully to offer thus their best acknowledgments to the Public
r their liberal patronage of the same ; its utility and great conveni-
ence in all cliMates have recommended iI. to the most distinguished
oreign connections, who have all spoken highly in its recommenda
tion. It is prepared by them only; and for preventing disappoint-
tnent to families, all possible care has been resorted to, by each
bottle being sealed on the cork with their firm and address, as well
as each label having their signature, without which it cannot be
genuine.
JOHN BURGESS and SON'S long-established and much-esteemed
ESSENCE of ANCHOVIES continues to be prepared by them after
tile same manner that has given the greatest satisfaction for many
years.
Warehouse, 107, Strand, corner of Savoy Steps, London.

GOOD FURNITURE AT MODERATE PRICES.
TIIOMAS FOX, 93, Bishopsgate-street, Within,
respectfully invites the Public to inspect the stock of
CABINET and UPHOLSTERY FURNITURE and BEDDING,
at his establishment, consisting of every requisite for the Mansion
or Cottage, of a quality, fashion, material, and workmanship , not
to be surpassed, and offered at prices scarcely exceeding those
commonly charged for showy but unsubstantial furniture.
Also, a most complete and beautiful collection of Chimney, Pier,
and Console Glasses, Decorative Painting, Paper.hangings, and
other Ornamental Embellishments, at the most moderate and rea-
sonable prices. _ .

Parties requiring really good articles, will find at Thomas Fox's
astock so extensive and various as to afford every facility for advan.
tageous selection, at prices as low as are possibly compatible with
first.rate quality.
93, Bishopsgate.street Within.

AGRICULTURE, Co M MERCE, NAVI ;DATION, THE
CHURCH.
A B. SAVORY and SONS, Goldsmiths, 14,
A
Comhill, London, opposite the Bank. have finished a few
splendid Fieces of PLATE, suitable for presentation to Gentlemen
connected with either of the above pursuits or professions, to which
they invite the attention of Committees who are in search of valuable
testimonials for s, ch occasions.

A NEW AND IMPORTANT EDITION OF THE SILENT
•• FRIEND ON HUMAN FRAILTY,
Just published, price 2s. 64., and free by poet (in a sealed envelope),
Price Ss. 6d.,
THE SILENT FRIEND ; a Medical Work on
'lnman Frailty and Physical Decay, its causes, and the
baneful effects of excessive indulgence and infection, illustrated
by engravings, with observations on Marriage, and directions for
the removal of certain disqualifications.
By R. and L PERRY and CO.
Published by the Authors, and sold at their Residence, 19, Berners.
street, Oxford.street ; also by Strange, 21, Paternoster-row ; Purkis,
Compton-street, Soho; Noble, 109, Chancery.lane; Hannay and
Co., 63, Oxford-street; J. Gordon, 146, Leadenhall.street, Lon.
don; and by all Booksellers in Town and Country.

ROBERT MAUGHAM, Secretary.
Law Society's Hall, October, 1844. :
The First Lecture will be delivered on Monday, the 4th of
November.

AN OLD STREET NEWLY NAMED.—Cateaton-street
has been named Gresham-street, and the end houses
libelled uccordjngly,

insuring d TOWN and COUNTRY CIRCULA
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default, and here it is said to be the recorder, with this
addition, that the recorder is made by the act a judicial
officer entrusted to examine the lists of jurors—to strike
off such therein enumerated as may not be qualified to
serve, or may be disabled by mental weakness or bodily
infirmity—to insert names improperly excluded—to
reform the descriptions, and all this upon notice and
inquiry—to correct this list, to allow and sign the same.
Herein that high officer is said to be amenable to no
questioner,
ehenes
ctrieoaniu:t
dhbeoydr iuti
he, ,
da atlehn
ned
gees
ouonbsrj
ee
goc tut
he
etnorcv
veinst ohe
that no
honne
ost
er
torlaca
vwtesrhsaoetfre vet eha rne.
recorder. In this I cordially concur ; nay, on this I
found the strongest reason for questioning what has been
done in- the present instance. A twofold duty in the
recorder is stated by the Chief Justice with accuracy
and precision. His Lordship says, The recorder has
been selected by the Legislature as the judicial deter-
miner of cases of this description. It is a high privi-
lege with which he is so invested, and with it is in a
great measure connected the flow and fountain of justice,
and the purity of the administration of the law.' But he
was left without control, and there may be very good
reason for making his decisions final and beyond appeal.
Ia this case the precepts were issued and returned by
the parish officers ; the hour was appointed for the in-
vestigation ; it took place, and the recorder made his
revision, and, having pronounced his decision, it was irre-
visable, and could not be reversed by any one. After
that was done, another duty was imposed upon him, that
is, that he shall make, or cause to be made, a new list,
arranging the persons according to rank and property ;
and the Act directs that in the newly-arranged lists he
shall include all persons who, on a previous revision, have
substantiated their claims before him. But it is to be
observed that no penalty is imposed on the recorder for
omitting to do this or any other duty which the Act
imposes on him. There is no imputation in this chal-
lenge that the omission which is said to have taken place
on the part of the recorder, was the consequence of im-
proper conduct, malversation, or corruption ; none was
imputed to him. But it Was said, the Act required he
should make out the new lists according to rank and
property, classing the persons according to such order as
was required by the Act, and that he should do so with
respect to all whose claims should be allowed. 'I do not
know,' the Chief Justice of the Queen's Bench in Ireland
further remarks. how far this is to be carried ; but if I
understand the argument right, they push it to this
extent :—first, he is to revise the lists delivered to him by
the collector, and he then is to make a new list according
to rank and property.' Mr. Justice Crampton also
dwells on the same distinction between the two branches
of the recorder's functions. It is true that both these
learned judges contend for the proposition, that in mak-
ing the new list the recorder performs an act as strictly
judicial as that of revising the lists already made and
placed before him for correction. But I venture to think
that the very statement which I have cited proves the
contrary. To examine the lists—to insert and erase
names—to correct and allow—all these are judicial acts,
binding on all the world. But when all this is done,
and the lists allowed and signed, then the recorder is
directed by the Act to cause one general list to be
made out therefrom, to deliver the same to a clerk of the
peace, who shall cause the same to be truly and fairly
copied in a book, and deliver the same book to the
sheriff,' &c.

" Feeling as I do the utmost respect for those learned
judges, I still cannot bring myself to doubt that these
duties, latterly described, are exclusively ministerial.
" The challenge complains that they have not been
performed. Far from asserting that the recorder has
been guilty of a single error in any judgment which he
may have pronounced, the complaint is, that his judg-
ment, which is irrevisable and without appeal, has been
set at nought by the fraudulent substitution of another ;
that the stream of justice has thereby been obstructed in
its flow, and the administration of the law rendered
essentially different to the parties traversing from what
it ought to have been.

" That the recorder is clear of all improper motive,
all parties are agreed. But if, after examination and
inquiry—after correcting, allowing, and signing one set
of lists, he copied them into a general list with an im-
portant omission, I can as little doubt that in that minis-
terial proceeding he committed a default. The only
view which can (as I think) be taken inconsistent with
this is, that this duty is imposed by the Act on the clerk
of the peace ; but this would still more clearly evince
that the omission could not possibly be placed beyond
question as the judicial act of the recorder.
" A case cited for the Crown on this part of the argu-
ment appears to me to afford a powerful illustration on
the other side. It occurred in Lord Tenterden's time in
the King's Bench in England. The Court disallowed a
challenge to the array of the panel returned by the
master of the Crown-Office, refusing to permit the act of
their own officer to be questioned. It was his judicial
act. But supposing that, when he had in the exercise of
his judgment made up a certain list, some other person
had altered that list, and returned a different one to the
Court—can we believe that would have been held sacred
and unquestionable ? I rather think that in such a case
the language of the Court would have been—' A judi-
cial act has been done ; but some inferior agent, or some
fraudulent intruder, has sent to us an entirely different
panel : our respect for the judicial act is a conclusive
reason for our rejecting that which falsely assumes its
character.'

" Another objection to this challenge occurred to Mr.
Justice Crampton—that the panel was spoiled by a
stranger. What is ground of challenge to the array
according to law ?' asks the learned judge. He answers,
' A challenge founded on partiality in the officers. You
may challenge the return for fraud or mistake in the
officer, but fraud in a stranger will not give the Court
jurisdiction.' I certainly had thought that a fraudulent
interference with the process of the Court would have
given jurisdiction over the offender's person, and, still
more clearly, over the document which he had mutilated.*
If not, it should seem that a stranger, striking out of the
reduced panel of twenty-four, any number of names he
chose, and introducing the names of others, might im-
pose this jury of his own fabrication as the twelve men
appointed by law for the trial. But if the stranger's act
was adopted by the sheriff, or any other officer entrusted
to return the jury, this would be the act of such officer,
in conformity to what is laid down by Lord Coke, in 1
Inst. 156, from an authority in the Year Books.
" For my part, I do not understand how the right to
challenge the array can rest on any other principle than
the right of her Majesty's subjects to have their interests
decided by juries duly constituted according to law.
That jury, which was returned from partiality, or im-
perfect through any default in the sheriff, was not con-
stituted. On that officer, and on the bailiffs of franchises
ho performed analogous functions, the whole duty was
cast in ancient times. By the recent Act it is divided
with other officers ; but if the panel is rendered essen-
tially imperfect by any one of these, when not exercising
a judicial capacity, the subject loses the protection which
the law would have afforded him, and the principle of
challenge to the array applies.
" During the discussion, I heard a suggestion thrown
out—from what quarter I do not now remember—to
meet the argument arising from the absence of all other
remedy. The party was said to be at liberty to
apply by motion to the Court. I confess that lamat a
loss to find it just or reasonable to strip a party of a well-
known constitutional process, fully adequate to correct
the wrong and prevent the mischief, and refer him to the
discretion of any Court, exercised on facts brought
before it in the unsatisfactory form of written depo,i-
dons, where the accused officer has the benefit of swear-
ing last, when questions of fact would be withdrawn from
the tribunal established for settling them, and the law
would be laid down without appeal.
In the present case, however, we collect, that such
application was actually made, and refused. I must con-
jecture. that the facts now admitted on demurrer were
not well proved by the affidavits ; for if they were taken
to he true, I can hardly conceive a stronger case for
setting aside a jury panel, than that which exists in the
present case.

" After some little hesitation it is at length broadly
maintained that no wrong has been done, no right
violated, and that the traversers have had as much justice
done them, as if no malpractice with the list had ap-
peared. Both the learned judges, who agree with the
Chi( f Justice in his conclusion, rely mainly, though he
does not, on this pint. The venerable senior puisne
judge admits that 700 or 800 names ought to have been
returned ; he remarks that the mind would be startled
by a book containing no more than twenty or thirty ;'
he adds, however, that here 717 were returned ; a suf-
ficient number to select a fair and impartial jury from.'
Mr. Justice Crampton adds : There is an abundant
number of names on the panel to form a jury from which
a fair trial may be obtained.' lle immediately after con-
cludes his judgment thus: It may be a hardship on the
traversers, or it may be a hardship on the Crown ; but
the principle of law is of universal application, that a
particular injury must give way to a general inconveni-
ence. No p:aticular injury is pointed out: general in-
convenience is pointed out, because, by pronouncing a
judgment in favour of this challenge, we pronounce that
there can be no valid trial either by special or common
jury in 1844.'
" One leading consideration, then, which led the Court
to overrule the challenge was, that the actual list, whe-
ther rightly or wrongly returned, was numerous enough
to promise a fair trial. I cannot discover what the
relative numbers were. Mr. Justice Burton's state-
ment, taken literally, would show an entire list of 717,
and a deduction of 60 from the special jury-list alone.
But I should presume that the county of the city of Dublin
contains so large a number of qualified jurors, that those
qualified for special juries could not be fewer that 717.
Even on this latter supposition it seems difficult to be
quite sure that the reduction of threosoore—the proffer
of so limited a choice—was not itself an injury.
It is said that ' na particular injury is stated' in the

* " Fraud is an extrinsic collateral act, which vitiates
the most solemn proceedings of Courts of Justice. Lord
Coke says that it avoids all judicial acts, ecclesiastical or
temporal."—Unanimous opinion of the judges delivered
by Lord Chief Justice de Grey in the 'louse of Lords
in the Duchess of Kingston's case, Smith's Lead. Ca.,
vol. ii,, P. 431.

- ' - '_

/AZ—et- _
cbs enge. But none can o'itated..nor, if state 1, could
be proved. There are no materials on which the juig-
rsent of the triers or of the Court could be OXri CINNI
The whole subject lies beyond the reach of human spe-
culation. But as long as men differ in their opinions,
understandings, and feelings, and so long as these in-
fluence their decision on disputed points of morality,
expediency, and general policy, so long must it be at
least uncertain whether the extrusion of a tolerably
large proportion of persons from the body to which they
belong may not materially affect the character of its ge-
neral composition, and vary the chances of their arriving
at such or such a conclusion. Here, if the true list had
been entered in the sheriff's book, it might have hap-
pened that not one of the gentlemen who tried this case
would have been suffered to enter the jury-box. The
joy might have consisted altogether of individuals com-
prised in the omitted sixty, and might have brought to
the inquiry such sentiments and habits of thinking as
might have insured the acquittal of all the persons under
accusation.
" To disclaim anything like an opinion that this would
.have happened, or a suspicion of the fairness of those by
whom the cause was tried, cannot be necessary. The(
want of all opportunity and power of arriving at any
conclusion upon such a matter drives me to say that them
is no alternative between a list duly formed according to
the Act, and one not so formed ; no middle course be-
tween what is unlawful and what is right ; no equivalent
or substitute for that security for a lair trial which the
law has carefully prov.ided. _ _

tiZ~

2__A'/

" The strictness which would vitiate the whole for 8

single omission, was not formerly considered as a re-
dual° ad absurdum, but was acted upon as a ruling prin-
ciple. Nor will this jealousy appear excessive, if we
weigh the opposite inconveniences. The question, ra.
ther tauntingly thrown out, Will you set aside the
whole panel because one name has been omitted ?' is
surely well enough rebutted by the other question,
Will you hold it good though nine-tenths should be
omitted ?"There is no great inconvenience in exacting
perfect fidelity and accuracy from ministerial officers,
who have to perform an easy duty, of incalculable im-
portance to the public. Glance at the inconvenience of
dispensing with those qualities in their returns. At
best, according to the learned judges, the Court must
task itself with the inquiry, whether the number to
which a panel may have been improperly reduced, was
large enough to promise a fair trial, under all the varying
circumstances of each particular case, without any
means whatever of ascertaining the fact. But the ne-
gligence thus sanctioned and encouraged might be
assumed as the cloak of fraud, and would infallibly incur
the suspicion, and fill the minds of the people with all
the distrust and discontent which, we can all remember,
to have hung upon the special jury system but a few
years back.
" Further, it was objected, that the making up the
lists without these sixty names, and the omission of
them from the special jury list, is not averred to have
been without the consent of the challengers, but only
the fraudulent omission of them from the paper par-
porting to be the general list, and the array of the panel
from that paper. But that twofold averment, with the
fact that the special jury list was made from these mate-
rials, appears to me sufficient ; and when this is averred
to be done to the wrong and prejudice of the defendants,
I cannot think that there is any presumption of their
privity requiring to be rebutted by them in pleading.
" One more remark was, that on the challenge, as
pleaded, the Court could give no award ; principally, as
I understood, because there is no ground for punishing
the sheriff or other officer. But I apprehend that this
notion has already been shown to be a fallacy, and the
same award must be pronounced as would have been
pronounced under the old law, in respect to the party
challenging, whose prayer is that the bad array may be
set aside, not that the officer should be punished. If a
venire facias de novo could be issued, the lists signed and
purloined may possibly be by this time faithfully copied
and restored, and may compose a good jurors' book ; or
if, for want of them, there is none for 1844, recourse
may be had to that of the former year. A challenge
may not be taken, or the facts on which it is founded
may possibly admit of some answer. But if from neglect
of duty in the officers, or any of them, it should still
remain impossible to bring a good jury into the box, I
cannot see that that ought to compel the accused to
submit to be tried by a bad one.

" Lastly, I must observe, that this challenge to the
array bears no resemblance to that which was demurred
to and overruled by a late special commission at Mon-
mouth. The ground of challenge there was a general
imputation of indifferency in the sheriff, unsustained by
any fact whatever. The Court dial not hold any other
doctrine than that such general terms amounted to no-
thing, and required no answer.
" Thus have I set down what occurred to me from
' recollection and my notes of the argument in the House
of Lords. I have since that time again read over the
judgments on this point given at Dublin, and am much
fortified in my own views by Mr. Justice Perrin's con-
currence and reasoning, while I cannot feel that there is
the least weight in the opposite argument of the majority
of the judges. The only mode in which I think it pos-
sible to resist his conclusion is by finding some technical
meaning of the word array—as that it imports nothing
but the sheriff's act in selecting the names that make up
the panel. Even this restricted sense would appear to
me not inconsistent with the idea that an array from an
illegal list cannot be legal.
" If I am asked how many omissions and interpolations
will suffice to vitiate a return, I might perhaps decline
the question as irrelevant, because the number actually
omitted is at all events so considerable as to disturb the
identity of the return. But I would decline to answer it
for another reason—the impossibility of tracing the
operation of the faulty proceeding. The fact may be
that the whole jury of twelve would have come out of
the rejected sixty ; or the truth may be, when one only
is excluded, that that one entering the jury-box as one of
the twelve to try the issues, would, by his influence with
the other eleven, cause a different verdict. But such
truth can never be established by evidence, nor can it be
made the subject of any rattonal speculation. The
law, regardless of the calculations which may be formed
in various quarters upon these doubtful probabilities,
affords a certain protection to all whose interests are to
depend on the verdicts of juries, by cautiously providing
the manner in which these are to be composed ; and it,`
this protection is not secured, the parties have none."

MORTALITY in the METROPOLIS
The following are the results of "A Table of Mortality
in the Metropolis, showing the Number of Deaths from
all Causes registered in the Week ending Saturday, the
26th of October, 1844." The Table is issued from the Office
of the Registrar2General

CAUSES OF DEATH.

Weekly
Total. Average of
Five Fears
Epidemic, Endemic, and Contagious Diseases 24S 178
Diseases of variable or uncertain seat 95 111
Diseases of the Brain, Nerves, and Senses l4l 157
Diseases of the Lungs, and other Organs of
Respiration
Diseases of the Heart and Blood-vessels 35 21
Diseases of the Stomach, Liver, and other
Organs of Digestion
Diseases of the Kidneys, &c 2 5
Childbirth, Diseases of the Uterus, &c. 8 10
Diseases of the Joints, Bones, and Muscles 6 6
Diseases of the Skin, &c
Old Age, or Natural Decay 52 71
By Violence, Privation, or Intemperance
Causes specified
Deaths from all Causes 934 946
DEATHS FROM TIIE PRINCIPAL DISEASES INCLUDED UNDER

THE ABOVE HEADS.

Total. Weekly Average
of Five Tears.
Consumption l2l 147
Scarlatina BB 34
Pneumonia .-..••••••
Dropsy .. ... .
Ilooping Cough .. ......... .. 18 33
Typhus 29 31
Small Pox
Disease of the Heart
Measles
Apoplexy .......... ... ....
Diseases of the Brain 8 9
Diarrhoea..
Sudden Deaths
DISTRICTS.

West
North
Central
East . 193 207
South..

Total .... 00000 .......«.. 935

DUTCH MAIL.
DUTCH FINANCE-THE CONVERSION.

It appears from the communication made by the
Minister of Finance on the 26th of this month, that
the state of the conversion up to that day was as
follows :
The entire capital of different kinds of na-
tional debt, at five and four-and-a-half
per cent. which has been comprehended
in the measure of conversion or repay- Florins.
ment, was
The amount of the capital converted is

There remains to be converted 151,837,000
Deducting from this sum the capital which
the Government has at its disposal, and -
which will be probably employed in the
conversion

51,000,000
It is easy to see, that by converting or exchanging,
the end that was proposed will be attained.
Thus forty millions of money and seven months time
have sufficed to convert a capital of nearly 250,000,000,
and we may hope that the entire conversion wiil be
soon effected. The repayment and exchange of the 5
or 4:1 per cent., and the reduction of the interest of
the 250,000,000 already converted, will doubtless
have a salutary effect on the budget of 1844, so that
the deficiency which appeared in that budget will be
much diminished, and perhaps the resources which
will
e Financecommuni-
cated
the Government has derived from the voluntary loan
make it disappeartehT.6entirely.e2l‘lil—nistnerthof s ng of the
Second
Tlia
er particulars relative to the con-
version.
Chamber ImAet oG -ft djaEar' yt°h,
IIAGuE, OCT. 28.—This morning the sections
verion.
TIlEs
of the Second Chamber were engaged in deliberation
on the draft of the address in reply to his Majesty's
speech. The Central Section also met at noon It
appears that there is in the draft of the address a
paragraph respecting the desirable revival of the fun-
damental law, which perhaps was considered by some
members as too weak, by others too strong.

A SAPIENT JURY IN KENT.—At the Sandwich
sessions, on Thursday last, " twelve wise men " re-
turned a verdict of " Not Guilty" in respect of a charge
against a female prisoner, but accompanied it with the
hope that she would not do it again !—Conterbury
Journal.

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