The Sun.
London, England, 1845-11-28 00:00:00

THE SUN, LONDON, FRIDAY MORNING, NOVEMBER 28, 1845

" The Commission of 1840 had already rejected
the plan of erecting a harbour at the Brake. The
Commission of 1844 comes to the same conclusion,
founded on the ground, that a port in such a situa-
tion could only be of service to vessels having already
escaped all the dangers of the narrow part of the Bri-
tish Channel, or to vessels leaving the Thames to
begin their voyage by a course to the southward.
Grounding themselves on these motives, the Commis-
sioners reject the very expensive proposition of a har-
bour at the Brake, and they are strengthened in this re-
solution that the Downs in their present state possess
an excellent bay. This bay rsiay be said to be contiguous
to Ramsgate harbour, wh:ch can already contain 400
vessels at the same time. ; a part about being rendered
capable of holding 600, if not more. Continuing to ad-
vance from the north towards the south, the Commis-
sioners arrive at the most important situation—at that
which they prefer. It is the situation of Dover, a point
at once the nearest and the most threatening for France.
"In my works on the naval and military forces of
Great Britain,* I have pointed out the great importance
of Dover for one and the other of these forces, and the
VIV3t woriss, whether of the port for trade or for the for-
tificatiene of this town. Since the publication of my
lire descriptions, Dover has become of greater import-
asice, as being the terminus of the railroad which comes
from London to this port, embranching on sundry other
lines. In two hours' time corps of troops, ships' crews,
ships' stores and munition, and an entire train of artillery,
may be brought down t Dover from London, Deptford,
Woolwich, and Portsmouth. Dover has a dry dock
suited to the repairing of merchant vessels, a great extent
of large quays, and extensive warehouses. Besides its
outer basin, the floating basin has an area of more
than six acres superficial measure, and works are going
on for doubling this extent. There is also a third basin
(called the Pent) which might be put into a state for
containing a great number of sloops of war and gun-
brigs—a basin which is now undergoing considerable
improvements.
"At the time the celebrated Mr. Pitt was carrying
on a mortal stuggle between England and France, he
Atrongly wished to form an enclosed roadstead in front
of Dover, and he had plans made with that view ; the
Ordnance Department found them in its archives, and
communicated them to the Commission whose labours I
am now noticing.
"Two kinds of objection have been started against
resuming the consideration of these plans. It was con-
tended that the bed of the roadstead has a constant tt n-
dency to rise, owing to the deposit of alluvions. 2. That
the anchorage ground was bad. In order to test this latter
objection Captain Washington superintended experi-
ments, which have been deemed conclusive, by anchor-
ing in the roadstead a steamer of 500 tons and 120 horse
power. After having cast anchor in the most important
parts of the roadstead, the whole force of the engines
was made to set on a sufficient length of cable run out,
without this powerful action havingin any way loosened
the anchor from its hold. No action of the wind on a
vessel without sails could equal a similar impulsion.
This experiment must appear conclusive as to the ex-
cellence of the anchorage in Dover-roads.
" In order to ascertain what is to be apprehended
from the deposits by the waters in front of the present
port of Dover, samples of the water have been taken at
he times of the highest tides, selecting calm weather:—
First Samples of Water, taken July 2, 1844.

F
Depth of the Foreign sub-
Time and situation of the water water at the stanes
being taken. point where deposited,
per cubic
taken. foot.
Feet. I Grains.
I.—At low water at the sur-
face of the 5ea...... .. 42 10.21
2.—At half tide—
At the surface ... ... 51 13.20
• At 9 feet below ... ... 42 6.00
3.—At high water—
At the surface ... ... 60 3.43
At 9 feet below ... .. 51 7.21
At 18 feet below... ... 42 11.33
4.—At half ebb tide—
At the surface ... ..., 31 6.38
At 9 feet below ... ...I 42 6.92

Foreign bodieS in suspension pei
of sea water in front of Devi
quantity

• cubic foot}
average

8.11

" Mr. Philipps, the President of the Society of Geolo-
gical Economy, who was intrusted with making these
analyses, contrasts them with the results of those found
from the Thames. when there were no rain alluvions, and
the waters were limpid.
Quantities of Foreign Bodies in Suspension in the calm
and limpid WatPr of the Thames.
At Brentford
At Hammersmith 1.83
At Chelsea

Average quantity 2.58
Second Samples of Water outside Dover, on the 17th o
July, 1844.

Total depth I
below the Foreign
Time and situation of the water point from bodies sus-
being taker;. which the pended in a
water was , cubic foot
taken. I of water.
Feet. Grains.
Low water at the surface
Half flood tide—
At 9 feet below the surface
High water—
At the surface... 6O I 24.10

Low water at the surface .....
Half flood tide—
At 9 feet below the surface ..
High water—
Atthe surface...... ..... .
At 9 feet below the surface
At 18 feet below the surface .
At half ebb tide—
At the surface....

51 I

24.10
22.28
53.76

30.95

Examination of the Bodies in Suspension.
Proportions
52

Sand
Lime with a small quantity of irgile and
oxyde of iron
Vegetable substances 24

"_The Commission was not satisfied with these ex-
periments ; it asks for fresh ones, for the purpose of
ascertaining the quantities of substances kept in sus-
pension by the running of the tide on the Dover coast,
and liable to be deposited. The Commission asks that
these experiments may be continued for a whole year
under the directions of the Board of Admiralty. Here
are the conclusions of the Commissioners in favour of
Dover, adopted unanimously, excepting one dissentient
vote—that of Sir W. Symonds.

" Dover at four miles and a half from the Goodwin
Sands, advantageously situated for affording protection
to the navigation of the Straits, is the natural station
for ships of war ; there can be no doubt of its im-
portance in a military point of view. Further, the
construction of a harbour of refuge at this spot is indis-
pensable, in order to give to Dover that efficaciousness as
a naval station necessary to the safety of that part of
the coast, and to protect commerce.'
" Followino.6 the English coast from Dover to the.
westward the first projecting land or cape which pre-
sents itself, at a distance of twenty-eig. t miles, is a
remarkable situation, which attracted the attention of
the Commissioners.

" The cape of Dungeness is protected by a fort erected
near the extremity. behind the lighthouse, and by four
batteries at the sides, two to the east and two to the
west. This cape presents a singular conformation of
shingles spread over n space of several miles, stretching
out into the British Channel, and terminated by deep
water, close to both its extremities. This bank, in front
of Dungeness, has considerably advanced into the sea
since the lighthouse was constructed in 1792. At that
period, at low water, the sea was at no more than 100
yards from the tower, whereas it now is at 190 yards,
which is an increased length of 90 yards in half a cen-
tury. The Commissioners recommend that regular
surveys he made in order to ascertain the annual pro-
gression of the bed in front of Dungeness light-
house. The two bays to the east and west of this cape
afford an excellent anchorage. More than 300 sail
of shipping have ridden at anchor at the same time
in the eastern bay, and more than 100 in the western
bay, as the winds caused the one or the other to be
selected for a place of refuge. The only inconvenience
attendant on such a good anchorage is not to have at
hand, as at Dover, Seaford, and Portsmouth, the advan-
tage of an inner port. This inconvenience, added to the
very short distance from Dover, is the reason which has
led the Commissioners not to recommend the construc-
tion of any considerable works at Dungeness. When
nature, rightly say the Commissioners, affords such a
convenient shelter, it will always be a matter for serious
consideration to be satisfied with that which is found to
be well, in order to reserve the means of bestowing on
other places of admitted importance as to situation the
artificial assistance which may give them the capacity of
a safe and sheltered anchorage. These reasons have led
the Commissioners to lay aside miliklea of erecting a
breakwater for protecting the anchalllre to the east of
Dungeness. _ _ _

" Starting from the cape of this name, proceeding to
the westward, the coast again recedes, and forms some-
thing of a how, at the centre of which is the celebrated
situation of Hastings ; at the extremity of the bow or
semicircle is Beachy Head. To the east of this cape is
the Bay of Eastbourne ; to the west are in succession
Seaford and Newhaven. The Bay of Eastbourne is pro-
tected by a series of Martello towers, constructed at the
time of the preparations of England against our expedi-
tion from Boulogne ; they are close to the highest water
line, in order to be the more effectual against a landing,
very feasible in that direction, as was proved not far
from thence by William the Conquerer. In front of
Eastbourne the-bed of the sea is very irregular ; sound-
ings were taken with very particular care ; the conse-
quence of which has been to induce the Commissioners to
abandon the idea of erecting a breakwater, which would
cover too confined a space in proportion to the necessary
outlay.
" They turned their attention wholly to the other side
of the cape, on Seaford ; here there is a magnificent
anchorage, which fortunately is at an equal distance
from borer and Portsmouth. Such is the intermediary,
situation at which the Commissioners have not shrunk
from recommending to the Government the erection of
great works. It recommends in a direction from N.N.E.
to S.S.E., a breakwater or jetty, of one nautical mile
in length, and having a rectilinear return at each ex-
tremity, be constructed. This jetty to be constructed
towards the middle in 41 feet water, and something less
at the extremities. Behind this long jetty there would
be more than sufficient water for first class vessels ; and
nearer land there would be an extensive space for mer-
chant vessels of all Tonnage. This formidable situation
would threaten, at the same time, all the French ports
comprised between Havre and Boulogne.

" Military Strength,"
• Travels in Great Britain, Part 1.,
2 vols. 4to. Part IL, " Naval Strength," 2 vols. 4t0., with
all atlas to each part.

"Distance of the Harbour of Refuge and Aggression at
Seaford. Miles.
To Boulogne
To the mouths of the Somme 6O
To Dieppe 6O
To Fecamp
To the cape in Front of Havre 72
" This harbour will, no doubt, experience some incon-
venience from not being sufficiently sheltered by Cape
Barrow on the N.W., which wind prevails especially in
the bad season ; but this objection is not of predomi-
nating influence with the Commissioners. They take
into consideration the proximity to the inland port of
Newhaven, and do not hesitate to recommend for so
important a situation an outlay of 1,200,0001. Let us
add, that as the crow flies, the distance from Seaford to
London is only about seventy-four miles, and that by
means of the railroad from London to Brighton, from
which a branch may easily be constructed, there will be
no difficulty ir. getting from the capital to Seaford in
less than two hours.
" Newhaven. of which I have just spoken, is a good
port, into which the tide flows. It may, however, be,
improved; it may hereafter be sheltered by a breal:e
water running from Cape Barrow to the point where
there are 15 to 1(1 fret water at the equinox neap tides.
The jetties which form the mouth of the inland port
may be at the same time extended; this mouth may be
widened and deepened. But as this entrance cannot be
rendered eecessible to shippieg at ail times of the tide,
Newhaven is. therefore, not comprised in the naval sta-
tions respecting which the Commission can make any
recommendation.
"The British navy- will have nothing to wish for from
Seaford to Portsmouth ; it is necessary to proceed 60 miles
to the westward to arrive at the magnificent situation of
Portland. Portland island shelters on the west and south
the extensive roads of that name, which are open to the
east. These roads are contignous to those of Weymouth,
which look to the south. The Commission proposes the
erection of a jetty which would cover the south-east
Portland-roads. This jetty is proposed to be of 2,315
metres, with a passage pretty near land, at a spot where
the depth is not less than 42 feet. The cyst is esti-
mated at half a rnilion. It may surprise us that with such
a depth of water a jetty of this length may be con-
structed for so small a rum, hut at Portland all tends to
make the conetruction of a jetty both cheap and easy.
It is to be observed, that Portland contains inexhaustible
stone eptarries, of which a considerable number belong to
the State, and will, therefore, be at hand to supply the
stone and brae for the jetty. The island abounds in
fresh water springs, which will suffice for supplying the
vessels in the roads. Finally, this situation affords the
advantages of en inland port, which is formed by the
month of the Wey, as the name of this town indicates.
Such are the combined works which the Commission
recommends to be executed at this spot. A. naval sta-
tion at Portland will protect, in conjunction with that at
Dartmouth, all the intermediary points. These two
stations, along with Plymouth, will complete the chain
of communication, co operation, and protection from
Dover to Falmouth, a distance of • 300 nautical miles.
"Exclusive of this vast line, and in order to extend
it northward, and beyond the s!raits in the Channel,
new improvements are recommended for Harwich-roads.
Two rivers, the Stour and the Orwell, fall into each
other immediately above the town of Harwich ; the con-
tinuation of their course forms a crescent round the town
before emptying themselves into the sea. For the pur-
pose of narrowing this mouth, and to convert it into an
inclosed roadstead, it is proposed to carry out from the
land on the side of Harwich a jetty of half a mile in
length. Thus one of the finest roadsteads en the coast of
Great Britain would be protected—a roadstead having
an excellent bed and sufficient depth of water for all
class of ships, and capable of containing a vast number
of merchant vessels. A fleet intended for the protection
of the North Sea, or the Thames, would be most admi-

rahly placed at the Harwich station. Let U 3 add, that
these are the only safe roads on the eastern coast of
England. They are in the direct line of the trade of the
Thames with the northern ports of Great Britain and
the north of Europe. Harwich already has building
yards which belong to the State ; the Ordnance Depart-
ment also has lend, and has establishments at this place.
I pass over the particulars of the damage done to the
anchorage at Harwich in the last 25 years by injudicious
excavations at the cape which sheltered the entrance from
the west—a damage which the proposed works would
remedy. The channel leading to the anchorage would
be excavated to a depth of 18 feet below the lowest water
mark.
" I now give a summary of recommendations, of which
I have faithfully stated the grounds. First of all, it is
recommended to construct at Dover a harbour of refuge
entirely enclosed by jetties, w'th two entrances, one to
the east 150 ft., the other to the south 700 ft. wide. This
harbour to measure 520 acres, of which 370 are to have
a depth of 12 feet at the least.
" Deeply convinced,' says the Commissioners, that
it is indispensable to obtain without delay a sheltered
anchorage in the bay of Dover, we venture earnestly to
call the attention of the Lords of the Treasury to an
immediate commencement of the works, by first con
structing the jetty running out from the west of the en-
trance to the port of Dover. This first jetty, which
shelters the hay on the west, will insure smooth water
in the bay when the wind blows from that quarter; it
will stop the allnv'ons which progress from the east;
it will facilitate the execution of the other works, what-
ever may be the final plan. Whilst this jetty is in
course of construction to the west, the experiments
recommended as to the bodies in suspension in the
waters of the bay. and the shifting of the elluvions, will
be completed. These experiments will allow of adopt-
ing definitively the beat plan for the exterior harbour,
and the most suitable dimensions of the entrances.
"The breakwater or jetty recommended for Seaford
is to shelter an anehoregkt of 300 acres. The breakwater
at Portland is to shelter an anchorage of 480 acres.
" As to the succession : it is not pcssible to undertake
at the same time the construction of three breakwaters ;
the Commission proposes—first, Dover ; second, Port-
land ; and last, Seaford.
" As to the expense, the Commission does not hesitate
to' recommend the following outlay :
For Dover £2,500,000
Seaford 1,250,000
Portland

Total £4,250,000
" So far from being surprised at the amount of this
expenditure, it will probably be found to be below the
reality when the following simple fact is considered. If
it be supposed that the above-mentioned breakwaters or
jetties be placed continuously one after the other, the
total length will be equal to three times that of our long
jetty at Cherbourg 7.
" As to the means of constructing, the Commissioners,
availing themselves of the experience acquired by the
French for the jetties at Cherbourg and Algiers, state
that they will give the preference to stone masonry over
pitched in stone.
" As to the protection of the ports of refuge by land
deihnsive works, Dover and Seaford are already provided
with the requis'te ones. .

" Portland-r)ada are commanded, in the most advan
taEryous manne-, by the island of Portland, on which it
will be easy to erect such fortifications and batteries as
may be requir-d for defence.
"After having made a report of their labours, and
given the reasons for the conclusions they had come to,
the Commissioners wind up definitively in the following
manner :

" The Commission cannot close its report without ex-
pressing. in the strongest terms, its unanimous opinion,
and its thorough conviction, that it is indispensable to
adopt such measures as may off ,rd the south-east coast
of the kingdom a powerful naval protection. Without
any exception the ports into which the tide flows, situ-
ated on the coast between Portsmouth and the Thames,
are incapable of receiving large steam-ships. Conse-
quently, now that steam produces such great alterations
in the situation of naval matters, there is an imperative
necessity for supplying by artificial means the want of
suitable ports in the narrow parts of the British Channel.
An hydrographical chart will show the situations where,
according to our recommendations, ports, enclosed
anchorages, well sheltered, will afford a refuge to
our • merchant shipping. By these means, added
to the use of steam at sea, with railroads and telegraphic
communications on land, the naval and military force of
Great Britain may in a few hours be rendered most
efficient on all points of the coast. The recommenda-
tions which we have deemed it our duty to submit to
your Lordships to be carried out, require a heavy out-
lay of public money ; but when the lives, the property
of citizens, and national security are at stake, we do
not believe that considerations of money are to be an'
impediment in the way of realising results of such vast
importance.'

‘The ieneral chart referred t,) by the Commissioners
in their recommendations, shows a series of distances
which must strike every attentive observer. I now give
them in their order, prcceeding from west to east :

Miles.

" From Falmouth to Plymouth, first centre of pro 7—
tection and aggression
" From Plymouth to Guernsey, at the entrance of
the Gulf of St. Male .
" From Plymouth to Dartmouth 3O
" From Dartmouth to Portland (second important
centre of protection and aggression) 45
" From Portland to the Anglo-Norman Island of

G uernsey . .
" From Portland to Alderney, second Anglo-Nor-
man island (Alderney is 20 miles from Cher-
bourg)
" From Portland to Portsmouth, passing off the
Isle of Wight
" From Portsmouth, third centre of protection and
aggression, to Alderney B7
" From Portsmouth to Seaford, fourth centre of pro-
-tection and aggression
" From Seaford, doubling Beachy Head, as far as
Dover, fifth centre of protection and aggression
" From Dover into the Thames, as far as the Nore,
opposite the naval arsenal at Sheerness, sixth
centre of protection and aggression 5O
"From Dover to llarwich beyond the Thames,
seventh centre of protection and aggression 55

"It will certainly be observed that ihe centres of pro-
tection and aggression increase, and I shall say are
almost one on the other, as the coast of England becomes
gradually nearer to France. From Portsmouth to Har-
wich, within an extent of only 164 miles, it is recom-
mended to construct in the sea-works, which, by estima-
tion of first projects, are to cost 3,850,0001. sterling.
There are to be five grand centres of protection, capable
of receiving five fleets, and serving as starting points of
five expeditions, consisting of large war steamers—ex-
peditions, the furthest off of which may, in seven hours,
reach the coast of France, and the nearest in one hour
and a half. This combination of works will have its in-
fluence, not to say control, over 150 leagues of our coast,
from Dunkirk to the Bay of St. Maio."

WORTHY OF IMITATION.-011 Friday last, the la-
bourers in the employ of Sir R. B Bulkeley, Bart.,
M.P., were informed that their wages iguld be increased ls.
6d. A pfeeksmiCarnarvon

LA W INTELLIGENCE.
COURT OF QUEEN'S BENCH, Aov. 27.
(Sittings at Nisi Prins, Westminster Hall, before Mr.
Justice WicatTmArt.)
FOOTIT V. VICKERS.

It appeared by the evidence in this case, that it was an ac-
tion brought by the plaintiff, who was a cab
.proprietor,
against the defendantz., who are distillers, for an injury plain-
tiff sustained 'through the alleged negligent driving of one of
defendants' cartmen. The injury was inflicted by the two
conveyances coming into collision' and plaintiff laid his
damages at 6!. 65., the amount he had to pay for repairing
the cab. The case occupied a great deal of time, during
which much contradictory evidence was elicited.
. _

The jury found a verdict for the plaintiff, 61. Gs.

COURT OF EXCHLQUF,R, Nov. 27.

(Sittings after Term before the Loitn CIIIEF BARON and a
Common Jury.)
DINMACK V. LINTON.

This was an action of assumpsit, brought by the plaintiff,
to rccover damages from the defendant for a breach of con-
tract. '

Mr. Martin appeared for the plaintiff ; and Mr. Pollock
for the defendant.

The planitiff wag a commis ion merchant, carrying on
business in the. City, and the dcfcinlant an iron merchant.
On the 21k1 of of August last, the defendant contracted with
the plaintiff to deliver bins a quantity of iron on or before
the 22d Sedtember following. The defendant, however,
failed to deliver the iron, and the plaintiff brought the pre-
sent action to recover the loss he had sustained by the
breach.

The jury found a verdict for the plaintiff, with 1,1301.
males, and 40s. costs.

CANNAM. AND ANOTHER V. LYONS.
This was an action of asatropsit brought to recover 501. OD
a promissory note, payable seven.days after sight, to which
the defendant bad pleaded that he did not make the note,
that the plaintiff induced him to borrow the 501. by
means of fraud, coven, and misrepresentation, and
that he was so drunk and intoxicated at the time he signed
the note that he was entirely deprived of his understand-
ing, and he did not know that be was making any contract
at all. _ _ .

Mr. Oiter appeared for the plaintiffs, and Mr. Pearson for
le defendant. _

Mr.Ozmn stated the case for the plaint iffs. They were respect-
able tradesmen of the city of Westminster, and were members
of the Metropolitan Loan Society, in Craven-street, Strand,
which he understood bad done an enormousamount of business.

during the last three years. The defendant, in the middle
of March last, applied to the society for the loan of
Cl., and on the 18th of the succeeding April he re-
ceived the money and signed the note in ques-
tion. The hanci_writing to the note was admitted
by a judge's order, and he had only to put that order in to
prove his case.

,•
The order and note having been put in accordingly,
Mr. PEARsos addressed the jury for the defendant. His
Learned Friend had represented the plaintiff's to be respect-
ble tradesmeH, but he would ask the jury whether it was the
practice of respectable tradesmen to connect themselves
with loan societies, which bad become the pest of the metro•
polis. Same years ago an Act of Parliament was passed fur the
encouragement of friendly societies, and the majority
of these loan societies were established under
that Act. But the members of the Metropolitan
Loan Society had not complied with its provisions, for their
rules were not enrolled, and, therefore, their proceedings were
fraudulent. It was true the defendant had borrowed the 50!., but

it was upon the understanding that he was to give security
for its repayment by weekly instalments of a pound a week.
The plaintiffs, however, got him while in a state of intoxica-
tion, to sign a note for the amount at seven days' sight, and
he Contended that this entitled him to say the note had been
fraudulently obtained.

Evidence having been adduced in support of this state•
ment,

The Learned LORD CHIEF BARON summed up, and the jury
minediately afterwards returned a verdict for the plaintiffs
for the full amount claimed.
KENNEY r. WILSON.

This was an action for an assault, to which the defendant
:ad pleaded that he was not guilty.
Mr. Martin and Mr. Prance appeared for the plaintiff, and
11r. M. Chambers for the defendant.
The plaintif was a pianoforte maker, in the employ of a
person of the same name, who carries on the business of a

pian,)forte maker in the Hackney-road, and the defendant was
a publican in the same neighbourhood. On the 31st of July
17. st, between the hours of twelve and one in the morning, the
plaintiff happened to be at the Green-gate public•house, in
the Hackney-road, when a knock came to the door, and Mr.
Gander, the landlord, asked the plaintiff to goand see who
was there. He did so, but had no sooner opened the door
than the defendant rushed in, knocked him down, and beat
him most violently. The result was, that he was laid up, and
unable to attend to his business for a week; and he brought
the present action to recover compensation for the injury he
had received. .

Evidence having been given in support of this statement,
Mr. M. CimmnEns urged that it would have been much
better had the matter been made the subject of a complaint
before a magistrate, rather than the cause of a civil action.
He affirmed that the assault was occasioned by the miscon-
duct of the plaintiff, who slammed Mr. Gander's door in the

face of the defendant, and it was this act which gave rise to
the assault.

Evidence having been adduced to prove that the plaintiff
gave the first provocation, by rudely pushing the door in
the defendant's face after he had been invited to enter the
house by the landlord,
The Learned LORD CHIEF BARON summed up, and the
jury afterwards returned a verdict for the plaintiff—
Damages 151.

COURT 01' COMMON PLEAS, Nor. 27.
:Sittings at Nisi Prius, before Mr. Justice EItLE, and a Mid,
dlesex Common Jury.)
WHEELER V. WHITE.

This was an action on a bill of exchange, which occupied
the Court the greater part of the day.

SHERIFFS' COURT, Nov. 27.
(Before Mr. Under• Sheriff BURCHELL.)
DIGHT V. SCOTT.

This was an action to recover the sum of 181. Bs. 7d. for
money lent, &c. The plaintiff and defendant are both attor •
neys, and were formerly on friendly terms, but having dis-
agreed, a settlement of accounts was insisted on by both
parties. The defendant had given an I 0 U for 101. 10s. Gd.,
and the difference was for a share of costs in some business
done where the defendant had introduced the client. The
defendant contended that he was entitled to one-half the
profits. The bill amounted to 221., and the profitp 161. Wit-
nesses :were called to show that one-third would be a fair
allowance.

The UNDER-EIIERIFF said that it would be much better
for two gentlemen of the profession not to quarrel about the
division of the spoil, but to have it arranged by a mutual
friend.

The jury said they thought the best was to leave the par.
ties to themselves.—(Laughter.)
A verdict was taken for 71. lls. 4d.
uourmsox v. crurrs.

This was an inquiry to assess damages for illegally ferry-
ing over the Thames. The damages were laid at 1,0001.
The plaintiff is the lessee of the tolls of Kew bridge, and
under the 22 Geo. 111. ail waterinen were prohibited from
conveying passengers from the steps on the east side of the
bridge to the west, or within the hamlet of Kew. A steam-
boat company had been started for the ferrying of passen-
gers at the same price as the bridge toll, and on that com-
pany giving up the scheme the watermen began plying with
their wherries. AR the others, however, had desisted on
being warned, but the defendant had chosen to represent
them, in order to try the question. His profits at ld. per
head was stated to average 3/. a week.
The jury gave 10/. damages. •

COURT OF BANKRUPTCY, Nov. 27.
(Before Mr. Commissioner GOULBURN.
IN EE HENRY PARKER.--IMPORTANT CASE.

AR application was made by the solicitor i'n the insolvent,
whose petition stood adjourned sine die for leave to
come up for re-hearing, on the groin& that the insol-
vent had since petitioned the Insolvent Court, and Mr.
Commissioner Law had most distinctly said that he consi-
dered the insolvent entitled, on the facts, to his discharge,
but could not make any order whilst the petition was pend-
ing in this Court; the dismissal of the petition, therefore,
would even be preferable.
The COMMISSIONER asked the grounds on which the case
had been adjourned?
The Solicitor said that the insolvent had assigned his pro-
perty to a pressing creditor.
The Learned COMMISSIONER 'said that was a good ground
to reject the petition. The ob:ect of the Legisisture was to
protect those pet sons who were unfortunate enough to be-
come insolvent without any fraud.
The Solicitor said the case had been gone into much more
fully before Mr. Commissioner Law than before Mr. Com-
missioner Fane, and, unfortunately, unless the Commissioners
of the Court interfered, there was no remedy by habeas or
otherwise ; and the Vice-Chancellor Bruce had decided that
the Court of Chancery could not interfere to compel a re-
hearing or revision of judgment under this Act (5 and 6 Vic.)
The Learned COMMISSIONER said he could not take upon
himself to rehear a case already decided by another Comtnis-
sioner • but if the applicant would obtain an affidavit of the
fact that the case had been before Mr. Commissioner Law,
who was willing to let the insolvent pass, he (the Learned
Commissioner) would give an order for the lefendant to come
up again, but it must be before Mr. Commissioner Fane.
. .

. .
The Solicitor said that there was one very special circum-
stance in the c Ise, and that was that Mr. Turquand, the
official assignee, Mr. Cooke, the barrister engaged in the
case, and he (the applicant), all understood that the petition
was dismissed, but on the record of the Court it appeared
that the case was adjourned.
Mr.: Turquand, the official assignee, who was present,
said his impression `SAS that the petition was dismissed.
The Learned COMMISSIONF.R said that he could not inter-
fere in the case further than on the affidavit being sworn,
making an order for the insolvent to be again brought up.
NOVEMBEP. 26.
Before Mr. Commissioner GOULBURN
IN P.N. REAY AND RE'.Y, BANKRUPTS.
The bankrurti in this case had carried on business most
extensively as wine merchants in Mark-lane, City: Their
debts and liabilities together amounted to 219,0004 and their
assets to between 38,0001. and 39,000/. The estate is ex-
pected to pay a dividend of between three and four shillings
in the pound. The case has been some limo before the Court,
and lengthened examinations have taken place, which have
been duty reported as they occurred. The bankrupts came
up to-day for their certificates. The firm consisted of John
Hear, sen., and John Robert Reay, his nephew. In the case
of the fatter no opposition was offered, and consequently his
certificate was granted at once. The certificate of John Reay,
the principal in the concern, was opposed by Mr. Bovill, for
the assignees; the bankrupt was defended by Mr. Edwin
James.
Mr. BOVILL stated that the assignees opposed the granting
or the certificate, on the grounds of an improper syftem of
balancing the books, which had been pursued by the bank-
rupt, a reckless system cf giving credit, and extensive
dealing in accommodation bills. It appeared from the
books that between January, 1839, and February 1845.
upwards of 148,000/. in bad debts had accumulated, while the
bankrupt set down his profits during that period at 5,000/. a-
year. Another complaint against the bankrupt was, that he
had practised a system of pledging the property of his credi-
tors by raising money on dock warrants to the amount of
70,000 t, thus placing such property beyond the reach of the
assignees. His stock of wines in dock had been sold under
the fiat for 8,0001., out of which the claims of the dock com-
pany amounted to 7,8001. He (Mr. Bovill) was surprised
that the dock company should trust a man who had so traded
to such an amount. The bankrupt had even at the last mo-
ment, in February, 1845, purchased wines to the amount of
30,000/., a fact of which the foreign creditors heavily com-
plained, and they were anxiously awaiting the judgment of
the Court. With respect to the bad debts, it appeared that
the bankrupt had credited a person named Wright, formerly
dealing in Mark-lane, but latterly the proprietor of the
Turk's Head Hotel, in the Strand. at one time to the enor-
mous amount of 34,000/. In 1839 Wright owed the bank-
rupt 7,800/. ;in 1841, 8,3001. • and in 1842, 31,000/. This
amount was subsequently reduced to 11,000/. by Reay's
taking a mortgage on the Turk's Head for 21,0001.
This mortgage, however, had turned out value•
less, the property having been previonslY encumbered; and

although the mortgage was effected in a registered county,
the bankrupt had neglected to make any previous inquiries
of the registrar of Middlesex. The next case of reckless
credit occurred in the case of a person named Blumenthal,
formerly trading in Birmingham, and who had been bankrupt
there. -Reay had trusted this man to the amount of 47,0001.
for wines, for which the only security he had received was
the acceptances of the Baron de 21xle to the amount of
37,000/. The Court would judge whether such acceptances
could be looked upon as good and sufficient security.—(A
laugh.) The next man whom the bankrupt had taken
largely into his confidence was Jarvis, whose case had been
so recently before that Court. This man had originally been
clerk to Messrs. Allnutt and Arbouin, and in less than eleven
months the bankrupt had trusted him to the amount of
19,0001. It might be as well here to mention that there
was not a chance of a shilling in the pound for the cre-
ditors to Jarvis's estate. These were the three principal
cases which the assignees wished to bring under the no-
tice of the Court, to mark how reckless had been the
bankrupt's conduct as a trader. It appeared that in 1841
the bankrupt halt married a lady of large fortune, and,
although it did not appear clear that he was solvent at the
time, had made a settlement on her to the amount of 17,000/.
He was now living in luxury, on the produce of that settle-
ment, at Wanstead. It appeared, further, that for a series
of years the bankrupt hail drawn accommodation bills on
the parties with whom he had dealings, and as long as he could
get them discounted his trade went on tiourishingly, but the
moment bankers and brokers became cautious, the bubble
burst, and he was obliged to come to that Court. He (Mr.
Bovill) was in acondition toshow that in the thirteen months
previous to his bankruptcy Reay had paid no less than
12,0001. for discounts alone.
Mr. E. Jamas—Only 9,000/.
Mr. BoYILL—WeII, admitting that, he had still greatly
overdrawn his customers. The bankrupt bad in cne exami-
nation denied that he had ever overdrawn a customer, but
in another he was obliged to admit overdraughts 'to the
amount of 13,000/., and on the issuing of the fiat 8,000/. worth
of bills wain found in his drawer. The assignees also ob-
jected to the mode in which the bankrupt had kept his boeke,
never having regularly balanced them. Ile had made what
he called a trial balance every year, but they had never been
regularlybalanced. lie had at a late period taken his nephew
ostensibly into partnership for the purpose of giving, a better
appearance to the firm, but in reality retained him as a clerk
at a salary of 1,5007. a year. The fact was that from 1839 to
1845 no proper balance had been struck, and since the fiat it
had taken tho assignees seven months to balance the books.
COMMISSIONER—Is their any means of ascertaining what
was the state of the bankrupt's affairs in 1841, when he made
the settlement on his wife?
Mr. GREEN (official assignee)—As far as I can ascertain, he
was then solvent. He was, I believe, worth 11,000!.
Mr. BovlLL—That only proved that in four or five years
he had lost 180,0001. by his mode of trading, against which
there was now not more than 39,000/. ; this, too; without any
unforeseen or peculiar misfortune, but merely by a reckless
system of giving credit without judgment or without pre-
vious inquiries, and there was less excuse for the bankrupt
than other men, behaving been previously bankrupt in 1815,
and should, therefore,, have known by experience what was
the proper and safe mode of carrying on an extensive trade.
On all these grounds, then, an improper system of balancing
his books, a reckless system of giving credit, and an exten-
sive dealing in 'accommodation bills, he (Mr. Bovill) called
upon the Court either to refuse the certificate altogether, or
at least to suspend it fur a number of years. The assignees
were actuated by no angry feeling against Mr. Bray, but
merely by a sense of what was due to public justice ; and of
his conduot since the bankruptcy they had no complaint
whatever to make.
Mr. E. JAMES, for the bankrupt, complained that the
bankruptcy of 1815 should have been brought against his
client, seeing that he then paid 6s. 3d. in the pound, and
got his certificate with the unanimous consent of his creditors.
Since then his conduct must have been honest and industrious,
seeing that in 1841 he was admitted to have been worth 11,0001.
It also should have been mentioned that his first bankruptcy
had. arisen from his having become security to the Govern-
ment of this country in the amount of 50,000/. for a person
in the Azores. It was true that in 1841 he had made a set-
tlement on his wife, but he was proved to have been then
solvent; in fact, he considered himself then to be worth
92,0007., exclusive of his funded property: 68,000/. of that
had since turned out loss, but the bankrupt could not have
been aware of that in 1841. Since then he had not taken
2007. out of the trade; on the contrary, he had appropriated
to it large sums out of his wife's jointure. That jointure
amounted to 1,2001. a year, while his personal expenses had
never exceeded 1,0007. He had been accused of recklessly
crediting persons to large amounts, but his whole transac-
actions must be taken into consideratien, and they had aver-
aged not less than 300,000!. a year. The bankrupt had paid
in duties alone from 80,0007. to 100,0007. a year. When it
was considered that his transactions during the five years
previous to his kankruptcy had amounted to a million and
a half, the amount to which he had given credit would not
appear so enormous. Take, for instance, the case of Jarvis,
for giving credit to whom the bankrupt was so much blamed.
Jarvis was at the time in great and general credit. His late
employers had trusted him to the amount of 4,0001., Mr.
Hart, 8,024/, Mr.' Black, 19,0004 and others to large
amounts.
Mr. Boa-inn—All those gentlemen held large securities;
the complaint against Mr. Reay is, that he gave credit with-
out security.
Mr. JAMES had only mentioned those cases to show that
Jarvis was in good and general credit. He came next to
Blumenthal's case. He admitted that his client had acted
imprudently in trusting that person on no better security
than the Baron de Bode's bills. But were those bills to be
looked on as wholly valueless? The Baron had recently got
a verdict, and his bills were now held by Messrs. Hoare,
the bankers, and Mr. Sanderson, the broker, as securities.
Surely then there was at least two sides to Blumenthal's
case. Then as to Wright., the debt was certainly large, and
had involved Mr. Reay in ruin ; but then Wright had dealt
with him for upwards of 20 years, and had paid him large
sums of money. He had gradually become embarrassed, but,
as was a common case in trade, Mr. Reay was afraid to stop
giving credit, hoping every day for retrieval. Wright had
constantly deluded him as to the state of his affairs; and as
to the carelessness in taking the mortgage, that was the
fault of Mr. Resy's attorney, not his own. He (Mr. James)
was not quite clear that an action would not lie' against that
attorney for negligence. With respect to the accommoda-
tion bills, the paper which Mr. Reay had put into circulation
did not come under that denomination at all. He had duly
followed the general custom of the wine trade in cases where
customers were not able to return their bills, by taking it new
bill some days previous to the maturity of the old one, and
thus enabling himself to return the latter when due.
Tho COMMISSIONER—It appeared from the bankrupt's exa-
mination that he bad in several caSes 'overdrawn his cus-
tomers: If that is the general custom of the vine trade, all I
can say is, that it is a custom " more honoured in the breach
than in the observance."
Mr. E. JAMES—The mode in which Mr. Reay had drawn
on his customers was quite usual its the wine trade. He had
also been accused of pledging dock warrants, but that was a
custom so general, that a special Act of Parliament had been
passed to regulate the practice. The last point which had
been urged against Mr. Reay was taking his nephew into part-
nership. He had taken that young man into partnership
without a shilling, as was generally known, but his reason
WAS obvious. He was advanced in years, nearly seventy, and
his trade being so extensive, it was absolutely necessary to
have a young hand, in whom he had confidence; to assist Lim
in the management.
Mr. Bovinn—The fact is, that the bankrupt has been
losing at the rate of 40,0007. a- year—how, my Learned Friend
has not explained ;• neither has he given any explanation
as to the balancing of the books.
Mr. E. Jnains--That was merely a recapitulation of the
cases of Wright and Blumenthal and Jarvis, merely a second
count in the same indictment. The bankrupt had certainly
not balanced his accounts as they had been balanced since
the bankruptcy-, but he bad struck a balance every year, and
in 1843 had commenced writing off the bad debts. On the
whole, it must be admitted that the conduct of the bankrupt
had not been free from censure, but his transactions had
been immense, and during a long series of years his conduc'
had been most honourable and straightforward, and the
question for his honour then to decide was, not whether
the bankrupt was to be sent into retirement. to live in luxury,
but whether, at the end of a long life, lie was to be sent in
degradation to his grave, under the stigma of a hostile deci-
sion from that Court.
His licaotnt said that, as the case was one of great im-
portance to the mercantile community, and as there were
several documents lie wished to look over, he should postpone
giving a judgment till to-morrow (this day).

CENTRAL CRIMINAL COURT
OLD COURT.

(Before the Lorin CinF; JUSTICE and Mr. Baron PARKE.)
Edward Powell, son of the clerk to the Solicitor for the.
Mint, and who had been employed in a confidential character
by that officer for a considerable period, was charged with
having uttered a sovereign, knowing it to be counterfeit.
There were other counts in the indictment, charging him
with having in his possession a number of counterfeit coins,
and tendering the same. The prisoner this day surrendered
to take his trial.
Mr. Bodkin, with Mr. Clerk, were for the prosecution,
which was instituted by the Government; and Mr. Clarkson,
with Mr. Deane, attended for the defence.
Mr. BODKIN stated the case to the jury at length, but the
circumstances involved in the transaction will be fully seen
in the evidence adduced before the Court.
Amelia Johnstone was the first witness called—She said
that she lodged at 40, Little Portland-street. She was, on
the 12th of the present month, in Regent-street, about nine
o'clock in the .evening, when she met the defendant. She
was in company with him on the night before, and on this
occasion he accompanied her home. He remained with her
about half an hour, when they left together. He accom-
' panted her for some distance (about twenty minutes' walk).
He did not remunente her in the house, but in the strew
he gave her a sovereign. She gave it him back because is
was not a good one. She told him it was not good, and he
tpi
nou put
clailktaergbiale. h
celrt
choicei h
ei s pocket.accompanied
from.
SheH etotlhdehm
then offered
wheerretahirlebeaodt,latenr(si
he said he had no more money. He afterwards returned
them into his pocket. She called a policeman and gave him
the prisoner and policeman to
the station-house. On the way there he offered her five
shillings, which he had got from a policeman. He offered
her three shillings first, which she refused, and he then added
the other two. She did not then wish to press the charge,
but was afterwards obliged to do so.
Cross-examined by Mr. CiAnitsox—She did not particu-
larly observe the prisoner's dress on that evening. It was
immediately under a gas lamp that lie gave her the sove-
reign. The light was very strong, but she did not notice
that he was agitated
Police-constable John Edwards was called by last witness
to take the prisoner into custody. He was given in charge
for offering a counterfeit sovereign and having three more in
his pocket. As they were going along they met another
policeman, named John Sergeant, and thedefendant borrowed
five shillings from him. Ile did not see the defendant offer
the last witness the five shillings. Mr. Rowley, an inspector,
was on duty at the station-house, and he knew Mr. Powell.
When they offered to search him he:said it was unnecessary,
as he would give up what he had on him. He then surren-
dered four sovereigns, two half-crowns, four shillings, and
two sixpences. He took them from different pockets.
Cross-examined by Mr. DoANE—He did not know Mr.
Powell, when he took him into custody.. He did hear him
say at the station-house that the mistake had arisen in
changing his trousers.
By Lord DENMAN—He did not say so before he arrived at
the station.
Hawley, inspector of police, said he was on duty at the
station-house on the 12th of this month. When defendant
was brought in he walked up to witness, and said this woman
has given me in charge for passing a counterfeit sovereign.
Witness called in the policeman, and he informed him what
the charge was. The woman said that she did not now
wish to press the charge, as she was satisfied. He explained
that the money was received in process of his duties before
the magistrates, and he had it on him in consequence of a
mistake in changing his clothing. He was allowed to go
home on that evening in consequence of the woman declining
to press the charge. He came back in the morning, and
inquired if a report was made of the circumstance to the
Commissioners of Police. Witness declined to answer him.
He did make a communication to the Commissioners, and
they directed that he should be taken into custody, which
was done on the same day.
John Field, Inspector 9f her Majesty's Mint, Se Itiow