The Sun.
London, England, 1845-12-10 00:00:00

COURT OF COMMON COUNCIL.
Yesterday a Court of Common Council was held (pur-
suant to adjournment from Thursday last) for the dis-
patch of business. It will be remembered that, at the
last meeting of the Court, a discussion arose on the
question of affixing the hospital seals to certain docquets
returned to the Court in the regular course through the
City:Chamberlain; and the Court was adjourned'on that
discussion to this day, in order to afford time for coun-
sc l's opinion to be taken on the point at issue. The
Lord Mayor entered the Council Chamber, and took 016
chair precisely at one o'clock, when
The TOWN CLERK proceeded to read the docquets
in question.
Mr. LOTT rose and claimed the attention of the
Court for a few moments. He begged to state that the
Committee, of which he had the honour of being chair-
man, and to which this question has been referred, had
sat and given the closest and most careful consideration
to this most important subject. Time had not allowed
the Committee to prepare a formal report, but he would,
with the permission of the Cola, take the liberty of
reading a resolution which had been adopted by the
Committee. It was as follows :—" The Committee re-
commend to the Court that, under the special circum-
stances of the case, the fixing the seals to the docquets in
question be delayed for the present, the Committee not
having yet received a satisfactory legal opinion on the
question." Under such circumstances he hoped the sub-
ject would be deferred, and the Court would now pro-
ceed with the other business of the day.
The LORD MAYOR intimated that the sealing could
not, according to the provisions of the Act of Parlia-
ment, be postponed.
The RECORDER expressed a hope that the Court
would forgive him if he reminded them that its inte-
rests might be materially involved, and its cause much
damaged, if a certain course were not pursued in refe-
rence to this very important matter.
Mr. PRENDERGAST rose to order. The Court hal
delegate d an authority to the Committee to obtain
certain legal opinions, and having:so obtained them, to
make such a report as to them should deem fit. Ho
(Mr. Prendergast) objected to one of the counsel who
might have been consulted, now getting up to state that
which ought to come from the Committee itself.
Mr. LAMBERT JONES submitted that the last speaker
was himself out of order. The motion before the Court
was, that the seal be affixed to the documents, and he
begged to ask the Recorder whether he had not been in
consultation with the Attorney and Solicitor-General on
the subject, and whether they did not agree that, under
all the circumstances, the seal ought to be affixed with-
out prejudice to the matter at issue.
The LORD MAYOR said he must prevent Mr. Prender-
gast from entering into an argument upon the question
when speaking to order. As this was a legal matter,
he (the Lord Mayor) should act on the advice given to
him by the Recorder.
Mr. LAWRENCE thought the Chairman of the Com-
mittee should go further than the verbal report he had
just made, and should state to the Court what was the
nature of the legal opinions which the Committee bad
received. It was for the Court, and not for the Com-
mittee to decide, what was or what was not a satisfac-
tory legal opinion.
The LORD MAYOR said he should rather ask the Re-
corder for his opinion on the subject. The Recorder
had been consulted by the Committee, and on his opinion
he (the Lord Mayor) should act.
The RECORDER stated that, under the bye-laws, the
opinions of the Recorder and the Common Sergeant
were ordered to be taken, together with those of other
counsel, on all legal matters relating to the Corporation,
and therefore it was iu his capacity of Recorder, and not
as counsel, that he had been consulted. In consequence
of what passed at the last Court, the City Solicitor had
furnished counsel as well as him (the Recorder) with
further questions on the point which appeared to the
City Solicitor to demand an immediate reply. Those
questions had been considered, and he (the Recorder)
now waited the commands of the Lord Mayor and of
this Court to state the opinions of counsel on the
questions and case which he now held in his hand.
After some further discussion on this point,
Mr. Alderman HUGHES submitted, that as counsel's
opinion had been taken, it was too much to say that it
should be withheld from the Court. He therefore re-
peated his amendment that the opinions be now read.
Mr. LAWRENCE seconded the amendment.
Mr. LOTT requested the case submitted to counsel
might be read, as well as the opinions founded upon it.
The LORD MAYOR said most certainly. Both ought
to be read.
The RECORDER said the Court would, perhaps, permit
him to observe, that although he was aware that it was
ready and willing to give the utmost publicity to its pro-
ceedings, still it would be somewhat too much to ex-
pect that they should promulgate the opinions of their
counsel in the presence of their antagonists. He there-
fore submitted for the consideration of the Court,
whether, as a matter of prudence, the Court ought not
to be cleared ?
Mr. HARRISON—I observe strangers present.
On this strangers were ordered to withdraw, and the
Court remained in discussion with closed doors for up-
wards of an hour and a quarter. We understand that
after reading the opinion of Counsel, which was to the
effect that the question at issue believed the Corporation
and Christ's Hospital would not be prejudiced by the
affixing the :seals to the documents already before the
Court, a motion was made that " the seals be now
affixed." On this motion a division took place, when
the numbers appeared—For the motion, 57 ; against it,
26. Majority, 31. The Court was then re-opened to
the public.

UNLICENSED CARMEN.
The CHAMBERLAIN said a circumstance had recently
occurred which he had mentioned to the Lord Mayor,
and which his Lordship thought that he (the Chamber-
lain) ought to bring under the notice of the Court. It
appeared that an action had been brought in the Lord
Mayor's Court in his (the Chamberlain's) name against
a carman, to recover a penalty of 51. for pursuing his
calling within the City without being duly licensed. He
(the Chamberlain) had investigated the case, and had
found that no blame whatever was attached to any per-
son in that particular transaction, for that a custom
prevailed in the Lord Mayor's Court by which any com-
mon informer could sue for penalties in the name of the
Chamberlain, without his leave, license, or authority.
It had occurred to him that such a state of things, if
they 'were not put a stop to, ought at least to be in-
quired into, and with deference, he would suggest, that
this, his communication, should be referred to the Com-
mittee for General Purposes, for them to inquire into
and report upon the same, and thereby relieve him of a
very great responsibility.—(Hear, hear.)
On the motion of Mr. D. W. WIRE, seconded by Mr.
R. TAYLOR, the motion was referred to the Committee

for General Purposes.
CITY ALTERATIONS.—CLERK OF THE WORKS.
Mr. R. TAYLOR drew the attention of the Court to the
resolution' passed in 1837, requiring the Clerk of the
Works to report to the first Court held after the 25th of
March to 29th of September, in each year, the return, if
any, of works performed at the Mansion-house, Guildhall,
the City Prison, with the expenses thereof ; and, se-
condly, that no alterations or repairs ibe undertaken by
the Clerk of the Works, until an estimate of the ex-
penses thereof had been reported to, and sanctioned by,
this Court. Notwithstanding these orders, certain alte-
rations were now proceeding, at a cost, he understood,
of between 3,000/. and 4,0001., on the Giltspur-street
Compter, without any estimate having been reported to,
or sanctioned by, the Court of Common Council. The
outlay was the more surprising, because the Court of
Aldermen had already reported that the Giltspur-street
Compter was unfit for a correctional prison. Under
these circumstances, he now moved that the Clerk of the
Works be called up and interrogated as to the authority
under which he was proceeding.
Mr. HARRISON seconded the motion, and after some
conversation the Clerk of the Works appeared at the
table, and in answer to questions put by Mr. Taylor,
and other members of the Court, stated that he had pro-
ceeded with the works at the Compter under the autho-
rity of the Court of Aldermen, and that the expenditure
thereon would be reported to the Court in his annual
reports.
After some further conversation, Mr. R. Taylor ex-
pressed his intention to bring the subject under the con-
sideration of the next Court, and the matter dropped for
the present.
QUALIFICATION OF MEMBERS OF THE COURT.
Mr. EDKINS brought up the report of a Committee to
whom had been referred the consideration of the resolu-
tion of the Court passed the 14th of January, 1716, as
to the qualification of members of the Court, and to re-
port in what way the resolution could be altered and
amended. The report stated that the resolution in
question provided that no person should be capable of
filling the office of Common Councilman who at the time
of his election was not a householder within the ward for
which he was chosen. The charter of Edward 111. em-
powered the Mayor, Aldermen, and Commonalty, to pro-
vide a remedy for every custom or usage of the City that
might in practice be found to be defective. The report
went on to state; that no doubt existed as to the true de-
finition of the term "householder." The Committee
were of opinion that a declaratory Bill removing such
doubts, and stating that by the laws, usages, and customs
of the City, every freeman occupying a house, summon-
able on juries, and paying scot and bearing lot, should
be eligible to the office of Common Councilman, be
brought in to this Court. Mr. Edkins concluded by
moving, That the Court do agree with the Committee
in their report."
Mr. ANDERTON hoped that the Bill would be brought
in without delay, and come in force before next St.
Thomas'-day.
Mr. R. TAYLOR suggested that it would be better to
refer the matter back to the Committee, with instructions
to prepare and bring in the Bill.
Mr. DR JERSEY said the subject was too important
to be hurried over in a post-haste manner. The report
ought to be printed, and its further consideration ad-
journed.
as it would be impossible to pre-
Mr. EDKINS said,
pare the Bill before St. Thomas'-day, he would acquiesce
in Mr. De Jersey's suggestion.
The report was accordingly ordered to be printed and
sent to every member of the Court, and its further con-
sideration was adjourned.
The election of an under-beadle for the coal-market
was proceeded with. For the office there were three
candidates, but the choice fell on Mr. Joseph Stacey by
a large majority.
Some routine business was then disposed of, and the
Court adjourned.

DISCOVERY OF IRON IN WESTINIORELAND.—A seam
of iron ore, about seven yards in thickness, has been dis-
covered, by an influential company in Newcastle, at Stain-
more Fells, Westmoreland. The deep rocky channel in
which it was found, extends along a ridge of mountains east-
ward for some milts. The quality of the ore has been tested,
and proved to be of the most ductile description. A stratum
of hard limestone rock, nearly five feet thick, lays between
the soil and the ore. The projected York and Carlisle and
Lancaster and Newcastle lines both pass within a very short
distance.—Carlisle Journal.