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16,2-9 Lki.,\TDON, THULISDAY MORNING
5 OCTOBER 31, 1844.

PRICE sd,

T TIE ,s IV is Published EVERY MORNING al FIVE O'CLOCK, in Time for the EARLY TRAINS and TOWN DELIVERY; a SECOND EDITION (Evening Sun) is Published in Time for the AFTERNOON TRAINS
and a THIRD EDITION at SEVEN O'CLOCK, for POST, oc,ntaining PARLIAMENTARY and all other NEWS in LONDON up So that Hour.

at
ADVERTISEMENTS INSERTED ix ALL THE THREE PAPERS, Morning Noon, and Night, thereby insuring a TOWN and COUNTRY CIRCULATION, ONE CHARGE,

lAXFORD, WORCESTER, AND WOLVER
HAMPTON RAILWAY.
4 7
Capital, 1,500,0001. Shares, 501. each. Deposit, 21. 10s.

ROYAL POLYTECHNIC INSTITUTION.
The POISONS and their ANTIDOTES.—PRUSSIC ACID is
the subject of Dr. RYAN'S present Lecture at half-past Three daily,
and on the Evenings of Monday, Wednesday, and Friday, at a
Quarter before Nine. Professor BACHHOFFNER'S varied Lectures
commence 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. Ex-
traordinary effects by the magnifying power of the PHYSIOSCOPE,
and the OPAQUE MICROSCOPE; the HYDRO-ELECTRIC MA
CHINE, DIVING-BELL and DIVER, with experiments ; ♦arious
interesting additions to the Museum. The present Dissolving Views
will be shortly withdrawn.
Adraission, is.; Schools, Half-price.

COMMITTEE OF MANAGEMENT.

:EASE IN WALKING.
WILLIAM BADDELEY, of 130, STRAND,
is induced to give publicity to kis much-admired PRE-
PARED LEATHER (so _noted for extreme SOFTNESS and
DURA 3ILITY), in consequence of the patronage he has received,
and the general satisfaction given bybim in manufacturing the above
into BOOTS, &c., on his peculiar ,fitting principle of combining
elegance with ease. An extenkive assortment of best made articles
always ready on sale. Established 50 years.
Ne 1.0, Strand, corner of Waterloo-bridge, London.

Frederick Pratt Barlow, Esq., London,
Thomas Richard Guppy, Esq., Bristol, Directors of the Great
Western Railway
Henry Simonds, Esq., Reading,
Company.
William Tothill, Esq., Bristol,
John Rogers, Esq., Chester.
Mr. George B. Thorneycroft, iron master, Wolverhampton.
Mr. John Barker, iron master, Wolverhampton.
Mr. Joseph Walker, merchant, Wolverhampton.
Mr. John Perks, edgetool.manufacturcr, Wolverhampton.
Edward Terry, Esq., Mayor of Dudley.
Thomas Badger, Esq., Dudley.
Mr. J. Joseph Bramah, iron master, Dudley.
Mr. William Mathews, iron master, Corbyn's Hall, Kingswinford.
Mr. Benjamin Gibbons, iron master, Shist.end House, Kingswinford,
James Foster, Esq., iron master, Stourton Castle, Stourbridge.
Michael Grazebrook, Esq., iron master, Audnarn, Stourbridge.
Richard Hickman, Esq., Clay Works, Stourbridge.
Joseph King, Esq., Stourbridge.
Mr. Francis Rufford, banker, Stourbridge.
Thomas Simcox Lea, Esq., Astley Hall. Kidderminster.
Mr. George Hooman, carpet manufacturer, Kidderminster.
Arthur Skey, Esq., Spring.grove Bewdley.
Mr. Enoch Baldwin,ironfounder, Stourport.
William Lewis, Esq., Mayor of Worcester.
John Lilly, Esq., High Alderman of Worcester,
John Parker, Esq., Worcester.
Mr. William Stallard, jun., wine-merchant, Worcester.
George B. Hudson, Esq., Wick, near Pershore.
Mr, Thomas N. Foster, merchant, Evesham.
Mr. H. G. Busby, merchant, Moreton-in-the-Marsh.
Mr. Robert Beaman, merchant, Stow-on-the- Wold.
With power to add to their number.
ENGINEER-1. K-.-Brunel, ESQ.
BANKERS.
Messrs. Spooner, Attwoods, and Co., London.
Messrs. Ruffords and Wragge, Stourbridge.
TM EIR CORRESPONDENTS.
City and County Bank, Worcester
The Royal Bank, Liverpool
The Union Bank, Manchester
The Yorkshire Banking Company, Leeds
The Yorkshire Banking Company, Hull
Attwoods, Spooner, and Co., Birmingham
The %Vest of England Bank, Bristol
Messrs. Sanders, Barnes, and Ce., Exeter.
SOLICITORS.
Messrs. W. 0. and W. Hunt, Whitehall, London.
Mr. Robert Rising, 1
Worcester.
Mr. Fred. Thomas Elgie,
SECRETARY-MT. Noel T. Smith.

LORD DENMAN'S SPEECH.

The COMMITTEE of MANAGEMENT .f this COMPANY
having determined t. take the DIRECT LINE from Oxford to
Worcester (being the line upon which the Government Commis-
sioners favourably reported in the year 1840), in preference to the
line round by Banbury, by which there will be a saving of eleven
miles in distance; an arrangement has been this day entered jets
with the Great Western Company, by which that Company have
agreed to lease the line in perpetuity, at a rent equal to 3i par
cent. on the above capital, with half surplus profits, and with a
further arrangement fur payment of the interest on any capital
beyond such sum borrowed under the powers usually contained in
a Railway Act of Parliament, not exceeding 250,0001.
Interest on the Deposits will be allowed at the rate of 41. per
cent. per annum, from the time of payment into the Bankers' hands.
Prospectuses, with P/ ot, may be had of the Solicitors to the Com-
pany.
Infirmary Walk, Worcester, October 22, 1844.

IMPERIAL AUSTRIAN LOAN for the 2d of
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.

XFORD, WORCESTER, and IVOLVER-
HA MP fON RAILWAY.
Notice is hereby given, that the period fixed for receiving Appli.
cations for Shares in this Company having expired, and those Ap-
plications far exceeding the number which the Committee have to
allot, a FINAL ALLOTMENT will be made at the Office of the
Company, at Worcester, on Fatima, the Ist day of November
next.
Soucrrons—W. 0. and W. Hunt, Robert Rising, Frederick
Thomas Elgie.
Worcester, October 24, 1844.

SCO TTISH MIDLAND JUNCTION
RAILWAY.

Dundee, October 28,_1844!.

St 11,-1 have read the" Notes" issued by-the authority of this
Col./Ipar y, and they have afforded me much. amusement by their
specious plausibility. As, however, they contain unfounded state-
ments, gratuitously advanced, in disparagement of undertakings
which have already obtained the cordial support of the public; and
are filled with exaggerations and arguments calculated to mislead
those who are unacquainted with the true state of the facts; it is
only right to make the public aware of the real character of the
undertaking, in support of which these notes have been published.
The line of the Midland Junction runs from Perth to Forfar,
where, by the Prospectus, it is promised a junction will be formed
with the Aberdeen Railway. The Prospectus further states that
"the district is fertile and populous, and studded with towns and
villages, and is the seat of important manufactures."
It is intended that the two existing lines in Strathmore, namely,
" tire-Newtyle and Coupar-Angus" and the " Newtyle and Glam.
Iroise! Railways, snail corm a part of the Midland Junction line.
These are to constitute the back-bone of tnis new tine or railway
communication, from which very great benefits are expected to
flow to the Shareholders of the new Company. The Shareholders
of the old, it is understood, are to get new stock for their interest
in the existing lines. Again, immense advantages are promised
to the new undertaking from its joining "the Dundee and New.
tyle Railway." . _ .

These are the great inducements held out for the formation of
the Midland Junction, and it is my wish candidly to examine into
the different advantages referred to.
1. The proposed line is to be carried through a district where
there is no traffic to support a railway. There is no trade, no com-
merce, and no adequate population upon the route. Coupar.
Angus is an unimportant village, and has a population of 2,745.
Newtyle is a still less important place, the population being about
465 ; Glammiss, 556 ; and Forfar, 7,981. There is no direct
coach from Perth to Forfar; such a thing was never thought of;
and, I am sure, were one started, it would not be continued for a
week. The Defiance coach from Edinburgh to Aberdeen passes
along this line of road, but, were the passengers by it from Perth
to Forfar abstracted, they would not amount to two per day. There
are no mills or manufactories on the line ; it is a purely agricul.
tural district, thinly populated.
2. The " Aberdeen Railway" is not to join the Scottish Mid-
land Railway to Forfar, as stated in the Prospectus. At one time
the Aberdeen line was intended to terminate there, but Mr. Cubitt,
of London, was selected as referee to decide upon the best line to
the North; and after examining the di§triet, and invelAikatlng
the subject, he has recommended that the line should not be car-
ried by Forfar, and away from the seats of trade, commerce, and
population, but should be brought by the large manufacturing
towns upon the coast, thus joining Aberdeen,,Montrose, Arbroath,
and Dundee (which contain alone a population of 150,000), and
thence to Edinburgh by the lines of railway through Fife. This
recommendation has been wisely adopted by the Aberdeen Rail.
way Company, whereby they have got the cordial support of these
large towns. The Midland Junction must now, therefore, end at
Forfar. _ .

3. The advantages expected to arise to the Midland Junction
from getting the Newtyle and Glammiss and Newtyle and Coupar.
Angus lines merged into the New Company, are more than ques-
tionable. It is now seven years since those lines were opened for
traffic, and they have never paid the Shareholders one single far.
thing in the shape of dividend. On the contrary, the gentlemen
of the Committee on these lines are under personal obligation for
a large debt, which will be readily handed over to the Midland
Junction as an additional advantage. A meeting of the Share-
holders of the old lines has been held, and they, as may naturally
be supposed. re:.dily agreed to give over their works, and take new
stock for the amount—some of them shrewdly observing, " We
cannot be worse." To show the utter insignificance of the traffic
upon the Newtyle and Glammiss and Coups,- Angus lines, which
are to form the stay of the New Company, neither of them has
been able to maintain a locomotive engine, or even one between
them. This fact, to parties versant in railway statistics, requires
no comment.

4. The advantages anticipated from the junction with the New-
tyle line are equally " imaginary." This line is ten miles in length,
having three inclined planes, with three stationary engines and a
tunnel. It has been open for about twelve years, and has never
yielded any dividt nd to the Shareholders, and is considered to be a
total loss. Its shares can be got at ls. each. The debt upon it is
somewhere about 30,000/., and the Midland Junction will, it is
believed, be made welcome to it at 10s. per pound.
These statements I would not have hazarded had I thought
they could be gainsaid; but I am sure there is no member of the
Provisional Committee of the Scottish Midland Junction Railway
who can controvert one single fact I have stated. I invite them
to do so.

This scheme has been before the public for many months, with.
out even an attempt to allocate the stock, and in this qu•irter it has
met with almost no pecuniary support, being looked upon as chime-
rical, and will be allowed to fall to the ground, without the aid of
capital from a distance.
A I ARGE HOLDER IN SCOTTISH RAILWAY
STOCKS.

LEA and PERRIN S' WORCESTERSHIRE
SAUCE.

Prospectuses, with full particulars, and Bonds, can be obtained by
early application to Messrs. F. E. FULD and CO., Bankers, Recelrers,
and General Agents, Frankfort-on-the-Main, •or at their Office, 32,
Villiers-street, Strand, London.

MONEY.— GRAND DISTRIBUTION of
70,1701. sterling, authorised by his IMPERIAL MAJESTY
and the GOVERNMENT of AUSTRIA.

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,
.rem 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 HOSKF.N."
. .

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 in London; and retail by the
'isual vendors of sauces.

IRAMII'ON'S PILL OF HEALTH
The manifold advantages to the heads of families from the
possession of a Medicine of known theacy, that may be resorted to
wi h confidence, and used with -uccess in cases of temporary si k-
ness, (Tinting in families more or less every da-, are so obvious to
all, that no question can be rased of its importance to every house-
holder in the kingdom. From among numerous testimonials, the
follotvii.g is respectfully submitted : -
" 'to MR THOMAS PROUT, 429. STRAND, LONDON

The NEx r DRAWING of the IMPERIAL AUSTRIAN LOAN
will take place at Vienna on the 2d of DECEMBER. and be paid in
British money. There are 700 prizes, of 23,0001., 5,000/., &c.; the
lowest prize 501. A few tickets, 31. each, shares, 125., with prospectus
—sLx tickets for 151.—may be obtained of Messrs. J. Strang and Co.,
Bankers and Receivers-General-office, 26, Bouverie•street, Fleet-
street, London.

5, Cooper-street Manchester, March 12, 1842.
" Sir,—l have much satisfaction in communicating to you the
result of my experience, after repeated trials, of FR A MPTON'S
i ILL OF HEALTH, and I feel it but jir lice to state, 'hat iu the
coursed many years' trial of various Aperient Medicines, I have
nee r found results at once salutary and efficient in the relief of the
system from redu idant bile, &c., &c., with so little inconvenience;
I am, therefore, warranted in declaring that they supply to me a
means or g wanting, of being able to roc, mmend 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 inyse t if, in giving this testimony, 1 am the means of mak-
ing IRA al PTON'S FILLS more generally known and anureciated,
" I am, Sir, respectfully yours, " WILLIAM SMITH."
The unprecedented sale of these Pills, arising from the earnest re-
tommendations of the many thousands who have derived benefit
:ram their use, render any lengthened comment unnec' ssary, they are
not pat forth as a cure tor all diseases to which mankind is liable, but for
Bilious and Liver Complaints, with they many well-known attend-
ants, Bilious an.l Sck Headache, Pain and Oppression after meas,
Giddiness, Dizziness, Singing Noi-e in Head and Ears, Drowsiness,
hi ear. burn, Loss of Appetite, Wind, Spasms, &c.
Two or three doses will convince the afflict d of their salutary
effects. The stomach will si ecdily regain i s strength ; a t ealthy
action of the Liver, Bowels, and Kidneys, will rapidly take place;
and instead f listnesnes., heat, pains, and jaundiced appearance,
strength, activity, and renewed health, extending to good old age,
w :I be the result of taking this medicine, according to the directions
accompanying each box.
Sold by T. Prout,
Strand, London, Price Is. I%d. and 2s. 9d.
per tiox , and by the Vendors of Medicines generally throughout the
Kingdom
__

Remittance can be made by Post-office order. Government lists
of the drawing will be sent to each purchaser. Office-hours from
wch,e to three.

FAMPLOYMENT.—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-churehyard, Bishopsgate-street.
They are packed in showy leaden canisters, from one ounce to a
pound, with the price and weight marked on each 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 bo made (if by letter post-paid) as above.

NATIONAL LOAN FUND LIFE ASSUR-
ANCE SOCIETY,
26, CORNIIILL, LONDON.
Capital £500,000.
Empowered by Act of Parliament.
DIVISION OF PROFITS.
The steady success and increasing prosperity of the Society has
enabled the Directors, at the last animal investigation declare a
second Bonus, areraging 60 per cent. on the amounts inve ed oa each
Policy effected on the Profit scale.
EXAMPLES.
Premium. 2 i Banns
added.

Bonus in
Cash.
. _

0.. cr,..
1.4 El

i. .g
1
p ,o, a.

P4c.115
t-01
0 4
.44

THE THIRD VOLUME of,Mr. SERGEANT STEPHEN'S NEW
COMMENTARIES on the LAWS of ENGLAND.
. _ .

Thiscia;Tspi.l4Tlshe4svo., price 245. cloth, Vol. 111., of
EIV COMMENTARIES ON THE LAWS
OF ENGLAND, in which are interwoven, under a new and
original arrangement of the general subject, all such parts of the
work of BLACKSTONE as ire applicable to the present times ; to-
gether with full but compendious expositions of the modern improve-
ments of the law up to the close of the last session ; the original and
adopted materials being thrijughout the work typographically dis-
tinguished from each other. By, HENRY GEORGE STEPHEN,
Sergeant-at-Law.

Z s.. d.

S i. d.

;1837'170 9 3
74 3 4 1838 144 2 2
1839 116 16 0

X s. d.
77 5 1
64 5 6
51 5 11

X a. d.
12 3 9
9 16 4
7 11 9

.£ s. dl
346 2 3
296 13 4
247 4 5

The division of profits is annual, and the next will be made in De-
cember of the present year.

This installlion offers many important and substantial advan—
tages with respect both is Life Assurances and Deferred Annuities. -
The assured has, on all occasions, the power to borr)w, without ex-
pense or forfeiture 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 pcisSible rates.

F. FERGUSON C.A.MROUX, S.c.

SCOTTISH EQUITABLE LIFE ASSUR-
ANCE SOCIETY,
Incorporated by Royal Charter. Established 1831. ,
Head Office, 26, St. Andrew's-square, Edinburgh ;
London Office, 61 A, 3foorgate-street.
PRESIDENT.
His Grace the Duke of BUCCLEUCH and QUEENSBERRY.
TICE-PRESIDENTS.
The Right Hon. Lord Gray.
Sir Neil Menzies, Bart., of Menzies.
David M. M. Chrichtoun, Esq., of Rankeiloar.
ROBERT CHRISTIE, Manager.
The leading principle of this Mutual Assurance Society Is, that the
whole PrOfita are divisible among the Policy Holders every three
years. lit illOstration of the eminent success which has attended the
Society, it may be stated that the additions made to Policies have
been at the rata of 2 per cent. per annum on the sum assured and on
the vested bonus.
Thus the holder of a Policy for 1,000/. effected on the Ist of March,
1832, will, if it become a claim during the present year, be entitled
to 1,2971.; ornif effected on or before the Ist March, 1833, to 1,2751.,
and so orras regards other Polities:
The Accumulated Fund exceeds 260,0001., and the Annual Revenue
1s above 70,0001., the wholeileing in a course of steady and increas-
ing.. prosperity.
.ko other Life Assurance Institution whatever can warrantably
hold out greater advantages to parties Assuring than this Society does..
WILLIAM COOK, Agent for London.

SI s, Moorgate-strcct.

.ONDON, EDINBURGH, and DUBLIN
ILI LIFE ASSURANCE COMPANY,
3, Charlotte-row, Mansion-horse, and 18. Chancery-lane, Louden.

DTRICL`TOiII.

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

John Atkins, Esq.
James Bidden, Esq.

Captain F. Brandreth.

11. H. Caßnan, Esq.

John M'Gnflle, Esq.
John Maclean Lee, Esq.

J. Marmaduke Roiseter, E.q.

AUDITORS.
Robert E. Alison, Esq.

MDDICAL ADVlSZR—Marshall Hall, M.D., F.R.g., L. and Z.
SECRETARY—JOIIII Emerson, Esq.
SOLICITOR9-31essra. 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 fir 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-tindertake to prove that it was
obtained front them by fraudulent misrepresentation.
THIS IS THE ONLY COMPANY who give to the assured on the
mutual principle, the whole of the mutual accumulations, and else
guarantee the sums assured.
THIS IS THE ONLY COMPANY who bind themselves to pay
the full amount of the policies, although the debts for whick they
were effected shall have been liquidated befote the claims arise.
THIS IS ALMOST THE ONLY COMPANY who grant In favour
of creditors whole world policies, whereby the debt Is secared,
although the debtor should go beyond the limits.of Efirppe.,.
TIhEIdIAL ASC4ESDING SCAIt TO ASSUR.E £lOO.,

•
First Second Third
_•.s Fourth 'Remainder
iThree Yrs.Three'Yrs.iThree. 1r Th
r e Yrs. of Life.
d. , X,. . X s. d. 's. 1.
25 •••• . 1.2 7 1 91 9 116 n 2 4 1 11 11 8
35..•••. 1 9 9 1 19''6 2 9 3 219 0,. 3 E 9
45 ..•••• 2 1 0 214 10 3.'s- 11 • 4 2. 6 4 16- 4
55 •• 311 1 410 9 510 0 -6 10 •1' :7 9 9
60..•••. 4 II 11 il7 4 7 i 9 •14 2 10 2 7

BY THE HALF PREMIUM PL AN only one-half of the pre-
miums for the llrst seven years is required, the other half being pay-
able at the convenience of the assured ; thus allowing a Policy to
be continued for seven years at one-half of the usual rate, or to be
dropped at one-half of the usual sacrifice.
Prospectuses and schedules are forwarded free of expense.
ALEX. ROBERTSON, Manager.

PRICE'S PATENT CANDLES are retailed by
most of the resrirtable 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, JOIIN BURGESS and SON beg most
respec.fully to (,ffer 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 i', to the ritost distinguished
oreign connections, who have all spoken highly in its recommenda-
tion. It is prepared by them only ; and for preventing disappoint-
ment to families, all possible oare 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 tAem after
the same manner that has given the greatest satisfaction for many
years.

Warehouse, 107, Strand, corner of Savoy Steps, London.

CONTENTS OF THE THIRD VOLUME :—BOOk IV. Part I.—Of the
Civil Government (continued). Part IL—Of the Church. Part
111.—Of the Social Economy, of the Realm. Part V.—Of Civil In-
juries—Of the. Redress of Civil Injuries.

The Fouith Voltrne, 'completing the Work, will be published
as speedily as possible, with:a due regard to accuracy and the im-
portance of the undertaking,--It will comprise the following sub-
jects :—Of Civil Injuries cognizable in the Courts of Equity—Of Civil
Injuries proceeding from or affecting the Crown—Of Crimes and of
the mode of Criminal Prosecution.
_ _

Henry Butterworth, Law Hi;okseller and Publisher, 7, Fleet-street.

THE LAW REVIEW, and QUARTERLY
JOURNAL of BRITISH and FOREIGN JURISPRUDENCE.
The great attention which,-for the last fifteen years, has deservedly
been given in this country to Law Reform, has led to man 3 important
measures ; and it must be-admitted that the Legislature is now
sufficiently alive to the defects of the present system. Public men
of all parties agree in promoting the improvement of the law, and in
every recent session of Parliament, Acts have been passed making
various alterations. Much, towever, doubtless remains to be done,
but it is of the utmost consequence that this present strong feeling in
favour of law amendment should be carried into the right direction,
sad that all measures having for their design any change in the law,
should be submitted to the strictest examination... One of the main
objects of the "Law rievice . is to facilitate the discussioon of all
suggestions and reforms of this nature, to promote those which appear
to be beneficial, and to oppoSt those which are considered to be of an
opposite tendency: In endeitivouring to give effect to these views, all
questions of party politics will be avoided. The present seems to be
also a proper time for establishing a work which shall not only fur-
nish to the profession a full and accurate account of the great altera-
tions which have recently been made in the law, hut facilitate their
adoption in practice. Each number will contain articles of this nature.
it is also the intention, every quarter, to give a compendious account
of all the • leading cases Which have been reported in the pre-
ceding three months. Memoirs or notices of all eminent lawyers, who
have in recent times adorned the benck and the bar, will be given.
Reviews of all important legal publications form an essential,part of
the work. Parliamentary papers and reports of. Committees on the
subject of the law Will be abstracted. Attention will be paid to foreign
and comparative jurisprudence when the limited space of the Review
admits of articles of this nature. So much as to the plan and objects
of the present pfiblieation it has been thought necessary to give ; but
1tz91.0,p the svll and intention of its Proprietors to add to, rather
be regulaii'.,""skiAlle-Pte&lnt JiaLer-t0 (*Ain -
every year. trice ss.

The first Number will appear early In November. Advertisements
will be received unt 1 the Bth of November.
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MEDICAL REFORM.
THE 40th Number of the HYGEIST for
NOVEMBER, contains the continuation of the THIRD
MORISON lAN PRIZE ESSAY on the Medical Liberty of the Subject
—Petition of the People for Free Trade In Physic—lntimidation of
Members of Parliament by the Doctors—Mr. Campbell's case ; juries
easily imposed upon under the organic theory in cases of Insanity—
Masons why the public have been kept in a state of ignorance as
regards Medicine--Clear case of the evils arising from diplomas ; all
the filthy advertisements in ,our newspapers proceed from men pos-
sessing the precious piece of parchment. The organic theory is the life
and soul of these impostors, they can shift their ground as they
please—lnterest which Doctors have in supporting the organic
system—Letter addressed to the " Times" by Messrs. Morison on
not then 4., splendidco rr,s I
ponl os p of England tend to delude the public? Are
itals
Qtts, to. $'
the unfair assumption that the organic theory of Doctors is correct.
Nothing can be more false Ulan that theory ; the people never would
have left the Doctors if their Theory had been founded in truth—Do
they not, in fact, advertisements for the Doctors ?—Not tiice.to Ilygelaro,
;g
,
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what improve i
Truths as refined as Athens even heard.",
The Fiftieth Thousand. FortY Engravings, price Is., by post ,--la * 6cl •
ON CHASTITY--its Abuses and Diseases—On
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Divorce, Etc.

By R. J. CULVERWELL, M.D..
t
Member of the Royal College of Surgeons of England, Licentiate of
he Ilall, and twenty-three years Resident Practitioner in London.
.• Of human ills and frailties I discourse,
Those taught by nature and by art mottled.
Of griefs conceard,*and disappointments keen,
Which young and gentle—the matured and sage—.
happiness to gain."
The lonely and the mated—all sustain ;
In kindly spirit herein counsel's given,
How health, how hope, how
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Hannay, 63, Oxford-street; ,Mann, 39, Cornhill ; and the Author, 21,
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business tobesgellreaAloetfully to observe that their principle of
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but to supply their friends with the finest wines that are imported,
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Lists of wines and pried sent on application, and country orders
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A RO WLAND & SON 20, HATTON-GARDEN •
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A NEW AND IMPORTANT EDITION 'OF THE SILENT
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THE JUDGMENT OF LORD DENMAN IA
THE CASE OF O'CONNELL AND OTHERS
AGAINST THE QUEEN. as delkered in the
House of Lords, Sept. 4, 1844; with Notes, a Prefaii,
and Additional Observations. Edited by David Leahy,
one of the Counsel in the Cause. London,
H. 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 •
effect of interrupting the continuity of perusal and dis-
turbing the unity of impression, I have thought it,better
to present the matter altogether, in its present form and
situation, feeling convinced that every person who is
capable of understanding the nature, and estimating the
i:nportance, 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--rthe 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 aeci-•
dental, which could have the effect of contaminating the
purity and impartiality 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 serve. 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 ensuing 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 after Wards returned, was defective by the omission
of theie 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 purify the prac-
tice, and prevent all tampering, and suspicion of tamper-
ing, with the construction of those important bodies.
But if -the present doubt is well founded, 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,
Rilytietta, repealed certain parts of the former LW,
left the rest: each having expressly abolished the writ
of attaint, and certain causes of challenge to the polls,
refers to, recognises, and therebypreserves, 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 Reg. 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
etteessite intonvenience of one constructide of'sati itin--
bmotts-Act-mayf furnish a strong argament 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 ; fur 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 good ; 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 presame, 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 transcrit ed
from the 31k1 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
R. 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 Conets,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, unindifferenoy, 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 more
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 snake up the
panel from a book which omits a whole class that ought
to have been there ? If the law enjoins him to make a
general.list, composed of lists A, B, and C, and then to
s. lect his panel from that general list, but he thinks pro-
p( r to compose his general list from lists A and B
is this no default ? It may be venial—it may involve less
blame to him than to some of his subordinates, and the
Court may properly refuse to exercise its power of
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 shl.nff must be the party in

" 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
Chief Justice in his conclusion, rely mainly, though be
does not, on this point. 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 ; 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.' He immediately after con
chides his judgment thus: ' It /nay 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 particular 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 wronglr'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 17,
and a deduction of 60 from the
county special jury-list
Dublinalone.
But I should presume that
contains so large a number of qualified jurors, that those
t he
qualified for special juries cot not be fewer
. that 717.
Even on this latter supposition it seems difficult to be
quite sure that the reduction of threescore—the proffer
of so limited a choice—was not itself an injury.
"It is said that 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 Housn of Lords
in the Duchess of Kingston's case, Smith's Lead. Ca.,
vol. ii., p. 431.

challenge. But none can be stated, nor, if stated, could
be proved. There are no materials on which the judg-
ment of the triors or of the Court could be exercised.
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
jury 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
default, and here it is said to bo the recorder, with this I' accusation.
addition, that the recorder is made by the act a judicial "Todisclaim anything like an opinion that this would
officer entrusted to examine the lists of jurors—to strike
have happened, or a suspicion of the fairness of those by
off such therein enumerated as may not be qualified to whom the cause was tried, cannot be necessary. The
serve, or may be disabled by mental weakness or bodily . conclusion upon such a matter drives me to say that there
infirmity—to insert names improperly excluded—to
is no alternative between a list duly formed according to
reform the descriptions, and all this upon notice and
! the Act, and one not so formed ; no middle course be-
inquiry--to correct this list, to allow and sign the same. ! tween what is unlawful and what is right ;no equivalent
Herein that high officer is said to be amenable to no lor substitute for that security for a fair trial which the
other authority, and subject to no control whatever. ' law has carefully provided.
Hence is deduced the consequence that no traverser can
question, by challenge or otherwise, these acts of the " The strictness which would vitiate the whole for a
recorder. In this lon this I cordially concur ; nay,i single omission, was not formerly considered as a re-
found the strongest reason for questioning what has been
' ductio ad absurdum, but was acted upon as a ruling prin-
ciple. Nor %ill this jealousy appear excessive, if we done in the present instance. A twofold duty in the
recorder is stated by the Chief Justice with accurst weigh the opposite inconveniences. The question, ra-
and precision. his Lordship says, 'The recorder has
Y ther tauntingly thrown out, ' Will you set aside the
whole panel because one name has been omitted ?' is
been selected by the Legislature as the judicial deter- surely well enough rebutted by the other question,
miner of cases of this description. It is a high privi- ,
Will you hold it good though nine-tenths should be
lege with which lie is so invested, and with it is in a omitted ?"There is no great inconvenience in exacting
great measure connected the flow and fountain of justice, perfect fidelity and accuracy from ministerial officers,
and the purity of the administration of the law.' But he who have to perform an easy duty, of incalculable im
was left without control, and there may be very good portance to the public. Glance at the inconvenience of
reason for making his decisions final and beyond appeal. dispensing with those qualities in their returns. At
In this case the precepts were issued and returned by best, according to the learned judges, the Court must
the parish officers ; the hour was appointed for the in- task itself with the inquiry, whether the number to
vestigation ; it took place, and the recorder made his which a panel may have been improperly reduced, was
revision, and, having pronounced his decision, it was irre- large enough to promise a fair trial, under all the varying
visable, and could not be reversed by any one. After circumstances of each particular case, without any
that was done, another duty was imposed upon him, that means whatever of ascertaining the fact. But the ne-
is, that he shall make, or cause to be made, a new list. gligence thus sanctioned and encouraged might be
arranging the persons according to rank and property ; assumed as the cloak of fraud, and would infallibly incur
and the Act directs that in the newly-arranged lists he the suspicion, and fill the minds of the people with all
shall include all personS who, oil a previotis revision, have the distrust and discontent which, we can all remember,
substantiated their claims before him. But it is to be to have hung upon the special jury system but a few
observed that no penalty is imposed on the recorder for
years back.
omitting to do this or any other duty, which the Act a
Further, it was objected, that the making up the
imposes on him. There is no imputation in this chal- lists without these sixty names, and the omission of
lenge that the omission which is said to have taken place them from the special jury list, is not averred to have
on the part of the recorder, was the consequence of im- been without the consent of the challengers, but only
proper conduct, malversation, or corruption.; none was the fraudulent omission of them from the paper par-
imputed
to him. But it was said, the Act required he porting to be the general list, and the array of the panel
should make out the new lists according to rank and from that, paper. But that twofold averment, with. the •
property, classing the persons according to such order as fact that the special jury list was made from these mate-
was required by the Act, and that he should do so with rials, appears to me sufficient ; and when this is averred
respect to all whose claims should be allowed. 'I do not to be done to the wrong and prejudice of the defendant:,
know,' the Chief Justice of the Queen's Bench in Ireland I cannot think that there is any presumption of their
further remarks, ' how far this is to be carried ; but if I
understand the argument right, they push it to this a
privity requiring to be rebutted by them in pleading.
One more remark was, that on the challenge, as
extent :—first, he is to revise the lists delivered to him by
the collector, and he then is to make a new list according I, understood,
pleaded, the Court could give no award ; principally, as
because there is no ground fur punishing
to rank and property.' Mr. Justice Cram ton also the sheriff or other officer. But I apprehend that this
dwells on the same distinction bet Ween the two branches notion has already been shown to be a fallacy, and the
of the recorder's functions. It is true that both these
learned judges contend for the proposition, that in mak- same award must be pronounced as would have beenpronounced under the old law, in respect to the party
ing the new list the recorder performs an act as strictly challenging, whose prayer is that the bad array may be
judicial as that of revising the lists already made and set 'aside, not that the officer should be punished. If a
placed before him for correction. But I venture to think
that the ve venire
.fircias de novo could be issued, the lists signed and
contrary. ry statement which I have cited proves the
purloined may possibly be by this time faithfully copied
To examine the lists—to insert and erase
and restored, and may compose a good jurors' book ; or
names—to correct and allow—all these are judicial acts, if, for want of them, there is none for 1844, recourse
binding on all the world. But when all this is done, be had to that of the former year. A challenge
and the lists allowed and signed, then the recorder is may
may not be taken, or the facts on which it is founded
directed by the Act to ' cause one general list to be may possibly admit of some answer. But if from neglect
made out therefrom, to deliver the same to a clerk of the
of duty in the officers, or any of them, it should still
peace, who shall cause the same to be truly and fairly remain impossible to bring a good jury into the box, I
copied in a book, and deliver the same book to the
sheriff,' &c. cannot see that that ought to compel the accused to
submit to be tried by a bad one.
" Feeling as Ido the utmost respect for those learned a Lastly, I must observe, that this challenge to the
judges, I still cannot bring myself to doubt that these
array bears no resemblance to that which was demurred
duties, latterly described, are exclusively ministerial. to and overruled by a late special commission at Mon-
The challenge complains that they have not been mouth. The ground of challenge there was a general
performed. Far from asserting that the recorder has imputation of indifferency in the sheriff, unsustained by
been guilty of a single error in any judgment which he any fact whatever. The Court did not hold any other
may, have pronounced, the complaint is, that his judg- doctrine than that such general terms amounted to no-
ment, which is irrevisable and without appeal, has been doctrine than that such general terms amounted to
thing. and required no answer.
set at nought by the fraudulent substitution of another ; " Thus have I set down what occurred to me from
that the stream of justice has thereby been obstructed in recollection and my notes of the argument in the House
its flow, and the administration of the law rendered of Lords. I have since that time again read over the
essentially different to the parties traversing from what
it ought to have been. judgments on this point given at Dublin, and am much
fortified in my own views by Mr. Justice Perrin's con-
allThat the recorder is clear of all improper motive, currence and reasoning, while I cannot feel that there is
parties are agreed. But it', after examination and the least weight in the opposite argument of the majority
inquiry—after correcting, allowing, and signing one set of the judges. The only mode in which I think it pose
of lists, he copied them into a general list with an irn-
portent omission, I can as little doubt that in that minis- sible to resist his conclusion is by finding some technical
terial proceeding he committed a default. The only
meaning of the word array—as that it imports nothing
but the sheriff's act in selecting the names that make up
view which can (as I think) be taken inconsistent with
the panel. Even this restricted sense would appear to
this is, that this duty is imposed by the Act on the clerlt
me not inconsistent with the idea that an array from an
of the peace ; but this would still more clearly evince illegal list cannot be legal.
that the omission could not possibly be placed beyond aIfI am asked how many omissions and interpolations
question as the judicial act of the recorder. will suffice to vitiate a return, I might perhaps decline
" A case cited for the Crown on this part of the argu- the questi-n as irrelevant, because the number actually
ment appears to me to afford a powerful illustration on omitted is at all events so considerable as to disturb the
the other side. It occurred in Lord Tenterden's time in identity of the return. But I would decline to answer it
the King's Bench in England. The Court disallowed a for another reason—the impossibility of tracing the
ape,e So the array of the panel returned by the taveratian of the faulty proceeding. The fact may be
their own officer to be questioned. It was his judicial the rejected sixty ;or the trutn may -oe, Ewen one ollly
act. But supposing that, when he had in the exercise of is excluded, that that one entering the jury:laxas one of
his judgment made up a certain list, some other person the twelve to try the issues, would, by his influence with
had altered that list, and returned a different one to the the other eleven, cause a different verdict. But such
Court—can we believe that would have been held sacred truth can never be established by evidence, nor can it be
and unquestionable ? I rather think that in such a case made the subject of any rational speculation. The
the language of the Court would have been—' A judi- law, regardless of the calculations which may be formed
cial act has been done ; but some inferior agent, or some in various quarters upon these doubtful probabilities,
fraudulent intruder, has sent to us an entirely different affords a certain protection to all whose interests are to
panel : our respect for the judicial act is a conclusive depend on the verdicts of juries, by cautiously providing
reason for our rejecting that which falsely assumes its the manner in which these are to be composed ; and if
character.' this protection is not secured, the parties have none."
"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 net 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 lie
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 may 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
who 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
i 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 deposi-
tions, 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 be true, I can hardly conceive a stronger case for
setting aside a jury panel, than that which exists in the
present case.

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 Registrar-General:—

Weekly
Total. Average of
Five Years
Epidemic, Endemic, and Contagious Diseases 248 178
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
Reepiration 267 286
Diseases of the Heart and Blood-vessels 35 21
Diseases of the Stomach, Liver, and other

CAUSES OF DEATH.

Organs of Digestion
Diseases of the Kidneys, &c 2 5
Childbirth, Diseases of the Uterus, &c.
Diseases of the Joints, Bones, and Muscles 6 6
Diseases of the Skin, re 2 1
_ _

Old Age, or Natural Decay 52 71
By Violence, Privation, or Intemperance
Causes specified...
Deaths from all Causes ... 935 946
DEATHS FEOM THE ritiscirAL DISEASES INCLUDED UNDER
THE ABOVE HEADS.

___ _____ .
• Total. Weekly Averags
of Five Years.
Consumption l2l 147
Scarlatina BB 34
Pneumonia . • . B3 79
Dropsy ..... .. .. ............
Hooping Cough
Typhus
Small Pox
Disease of the Heart
Measles
Apoplexy .......... .... .... ... 14 18
Diseases of the Brain 8 9
Diarrhcea.. .. .... 7 12
Sudden Deaths
DISTRICTS.

West l5l 138
North 149 171
Central
East 193
207
_ ._

SOuth 275 242

Total

SPONTANEOUS COMBUSTION.—The cause of the re-
cent fire at New-cross has been traced to the sport-
taneous ignition of some vegetable black which was
stowed in the paint-room. A few weeks back, we drew .
attention to a similar catastrophe, which originated in
the accumulation of pigeons' dung in the great tower of
the Church of Pisa, and not long since we remember
reading in one of the philosophical journals a statement
that oil-paintings on canvass have been known, under
certain circumstances, to generate heat sufficient to pro-
duce a flame. Having these facts before him, Mr. Booth,
the lecturer on chemistry, has in a most praiseworthy
spirit, drawn public attention to the subject, and calls for
a full and searching inquiry into the phenomena under
consideration. fie says, that "in the incipient decom-
position which precedes ignition, gaseous compounds
readily ignitable are formed, generating a highly com-
bustible atmosphere,t. so that when heat sufficient to gene-
rate flame is produced this will at once act along the
whole surface of the area, producing, as with the fire-
damp, a simultaneous blaze." A full investigation of
the subject, conducted by the first chemists of the day,
would of necessity lead to most useful results, and
surely the fire insurance companies would soon find their
account in originating the inquiry and defraying every
EBRuyi."—ern.
TliE
the
oexPn
neTuseesdaatyterned-ionpg it.—Tlieened to the public, having been closed
during
the purpose of examining
Geks: for L
the various works of art contained therein, and making
the necessary repairs, &c. During the recess, all the
pictures have been either cleaned or varnished. The
late purchases, the Guido and Rubens, from the Pen-
rice collection, now appear in all their splendour. The
Francias are now seen in perfection, and no picture has
undergone a more thorough change than the " Brazen
serpent," by Rubens, which had probably never before
been cleaned from its smoke and varnish since its arrival
in England. It is now, in a manner, resuscitated,h and
hpresentsaye be e a n noble
varnished,specimen d ofay
are in
the
master. T
the cracks in the Wilkies have been carefullye Ho g
mendeda r ths,
most perfect state ;
and the pictures brought out in all their beautiful effect.
The rooms have been thoroughly cleaned and repaired,
and the blinds and ventilators put in order. It is to be
feared, however, that the return of summer dust and the
breath of crowds will again obscure the brightness of
these fine paintings, and probably ere long this result
may convince the public that a larger pace is necessary
for the accommodation of both pictures and spectators
than is afforded in the present building. The cleansing
of the pictures has been entrusted to Mr. Seguier and
Mr. Brown. The rooms were on Tuesday very much
crowded, and the improved character of the exhibition
appeared to give the greatest eatisfactiou to the visitors.

~~

'HIGH WATER AT LONDON-BRIDGE THIS DAY.
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