The Sun.
London, England, 1842-08-09 00:00:00

-~ .~~

SUN-OFFICE, Secen o' Clock.

PRICES OF CANAL, DOCK, ASSUR-
ANCE COMPANY SHARES, &e. Ste. &c.

LONDON, TUESDAY, AUG. 9.
Number Dividend Price
. of per CANALS, per
Shares. Annum. Paid. Share.
1,7(6 7 per cent. Ashton& O3dham...Averesteo7ll.lbs.3ll. 94
1,442 • 41. Ashby-de-le-Zouch Arcrage 11111. sh , 71
.60 Misingstoke.... tool.sh. 5
1,1105 51. Brecknock anti A bergavenny lsol.sh. co
8,0001-10th. 101. Birmingliam,l-16th share ..,„8:1. & 711. 181
sprstal ......., Ditto Is Liver pool J unct.l'=9l. 0.1000 21
800 SI. Bridgewater and Taunton.lool.,- allpd - 400 51. Chelmer a74llßiackwater ,..,...5h. 101
510 521. Coventry ' lool.sh. :305
Croydon, Average3ll.2s.lod. eh . -
'2,060 51. Os. Dudley 1001.,h. 13..
699 121. Derby lool.sh . 120
.21,m0 4 pie: cent. Oantthe and i'd • I,n, 411.135. 4u .pd . 31
0.5751 4' Ellesm.:reand Chester A verag e 133;.51a. n 7
Y3l NI Erav riisn ...... ................ .....1001.c1,. 72;
6,4115 8,1,1. Forth and Ci Mt, PoW. sr... mod. pd. 12„
11.1:5 is. Gram .stinction Itills.sa heiNt.
2,,A911 255, Grand Untoti 1001. s h 1:7
1,500 ...,..... Grand Surrey .„, 1001. sh. 15
tiocr( 41. jet cent . Ditto inpuctial) Loan.... 441/.
3,015 .
100 13 12:. Id. Okrriorganzhire, .Aver. cost 172/.135.::a.. ,110
740 121. Granlhm I'l)l.sh. 6....,:,
6.33 1..05. iirdderafi!ld) Average:sit. ris.lld. sit. 19
WO „....... Kensington lt, 0 :h. allpd 10
..-',".28 11.195. Kennet atni Avon, Av. 39/.180. Itkl.sh 1.V4
11.51491 I!. 10s. Lanmter 'avera'e 471. 6s. Sd 1.7
2,,..17r Stii. Leta sand Liverpool .091.5 h 680,a
545: 1 I.los. Leicester 1401.11 145
. - 1,h97 5/.os. Leicester F.: N:irt,..ampton A vet 1•31:10: '7l
.4009 191. Monmouthshire 1991.51 2.00
240 131. Melton slowbray 101.r6. 200
102 951. Mersey and Irwell lool.Bh. ISO
r,ovo U. 10.. 51aceles::eld ,01,1, sh. all pd 15
247 174 Neat h IOOI.A. 3t5
• 2,480 51. Peak Forest 4. v,r...ge about 731.4 h. (0
2 ,41d %1. Regent's (or London) Av.33;.16:.861. O. 14
U,669 el. Locl,d:4le .%,..cra,,,. 411th. 57
500 Si. Shropshire /251.5h. 1.-i5
,100 111. Zits. Somerset Coal
3 690/. 6 tr. r cent Ditto Lock Fund Stock 121. 108. sh, -LI
' 700 361. Stafford and Worcester. 140/.0. tie 6
t3O +5l Shrewsbury
300 11!. 3taurbridge ......... ......1451.1h. 3116
~ 2,;;47 2.. OS. Stratford-en-Avon A gcr....701. pia. rd. ch. 33
- " :133 I z'1:1 Sw:.nsea i 00/.sh. 265
1,7e2 21. Ps. Severn :-..1.1 Wye &Railway A v.211/„Us. sh. 45 1
...,i!,'}sh. Z 2/. 10s. Trout and Mersey, i share 11;01.:,.h. 493
a.hill Thames am! Medway Av.l9/.!“. Pd. an. a
• ''''''-'lh'i 141. Warwiett and B;rmingham 1001.,0 If 6
/.cooish.,
1i,,,,9 10.. Warwick and Nain,n. 10V1.sh. 117
7 (500 1/ Worcestta it Birroinghim Av.7B/.Bs.sh. 55
3 r;G/ 20% Wilts and lierks Avereec 1(71. 105 Sd•sh• 19
4;.:(01 6.. Wytiev and Benngton 125/.sh '74
.16 Wisocaen ";:-../.lh. hi;
- 90.) Is Wey and Arun. llOl. an. :".0
1)0CF,',.,.
1 n 0
65ieh
1 3p. C. Cominerc al •- .. . 1091. sh. 01
.
Spot rent. East and West India
'.: v.42,1.31141. OF. p.ct. London Stock r 234,
Ditto Bonds
6(' 1419 3/ 6s, srl, Bristol Average. Is -1. Os. sh . 75
1'5:1•244 51.pca ccnt. Ditto Notes, various aim: unit,
•;!. 5;,751 5 per cent. St. ILtharitie Stcck 10,1
:. .. Pe ''''' 4± per cent. 1:0to fords
291.0011 4 per cent. Ditto Bonds ;or 10 years
... - .
EitlDli ES
. !WO 11. Harnmersunti 501.1h. 211
1.231 ,
, 1,7760 I/. ISs. Ditto, Now. of 7; per cent., 50/.0. 15N
~.000 Waterloo 100/. sh. 3
. 5,090 2.25.04. Ditto, Old Annuities of 81 WI. p.l 21
• ' :1,09,1 19s. 3d, Ditto, New Ditto of 71. 4Ol, oil 183
ro,colo. 51. per cent. Ditto Bonds
5,848 27s Vauxhall ...... ... A vTrage 701. 10s. 1,1. ol 2834
ASSURANUF COAIPA NIES. ,

2,000 3/ les Albion 51301. sh. 501. pd (9
er rent
51,00 e (•• • fin 1 Allianceßritish & Fnreignloo/.eh. 11/. pd 13%
anti 15s.
5 ',nen 6 per cent. Ditto, 51,rine lOO/. sh. 5/. pd : %
24,600 IL per sh. Atlas
.40041 h. 5/. Birinitifilifl 4 ire.. "301. sh. MI. pd 107%
21,000 4t.per cent. British Pies 250/. sh. &lit. pd 41
12,000 61. per cent. British c mnrnerriql eel, s'. 51. pd 6
5.09 e SI. per cent. Clerical & Medical Lite, 100/.0. 21)01 p 4 614
.1,000 'WOO County IOW. sh. 10/.pd in
4,003 es. Eagle 501. sh. 51. pd 4%
C 5 er rnt.
‘2‘)° i anpd 30te he. i &°"mic Lit' libel. sit. 2:',9/. pd 406
11,271 Us. per cent. European Li, .01., h. all pd 22
ZO,OOO 2a. Ditto, New 2Ol. sh. 21. pd I?(,
.10,0001. (/. per c t Globe stack 132
20,000 bl• Guar;.tan
30,000 4s. 0.! Hope 5O/. oh. 51. pd 5%
2,400 51. 12. a. ed. Imperial l. ire 5OO/ oh. etil. pit 141
7,500 lei. fd. Imperial Lite lOO/.5h. 10/.lel 11 k
11.459 5/. per cent. Indemnity Malin • IOO/. oh. 01. pd '3
2,020 21 11{11 Kent Fire
31. L)itto I.i,e 'w. pil
4'),000 253 Law Life lOOl. •h. lid. pd 31
s,oen Ms. London, Fir , '251 ,h. Va. Ills. pd l 7
1.900 103. London, Ship .• "5/.3h, lee 10s. pd 17
1.;,a.,1110/ ... ..... 51inerva 1 Me.- IOW. sh.
,a,,one 5/. per cent. National Lcau Fun?... .201 sh 21. 10/. pd 2.%
afeenn at. per cent. Palladium Life 94!. oh. 2/. ed
50,100 5/. per cent. Protector 1; fa "0/. file 2/. pel 10.0 d
le,lant 4 per cent. Protestant I,assenters ....IGO/. sh. 51. pd 5%
>,5110 11. Provn!ent late
sw• ~Z;1-0 1 4s. Ocl. Rock Life .......... .................... ... 21, pd 374
*0 "120/ M. per cent. Royal Exch.:lige
11,004 5 per cent. University Life 101)1. alt. 5/. pd 11
10,000 4 per cent. United Kingdom Life 1001. sh. 51. pd
JOINT STOCK BANKS.
25,000 Agric. and Corn. of Irelaial23l. sh. 101. pd
15,0n0 8 per cent. Austialasia 401. eh. VI!. pd I,IIN
10,00* 10 percent. Bank of Birmiingham 501. sh. 10/. pd 1334
-11,000 10 per cent. Birmingham Bank efe.sh. 10/. pd 13
31,030 6 percent. London & Westminster 1001 sh. 201. pd 23
60,000 W. London Joint Stock 50esh. lee pd 13
:1,000 4 per cent. Lancaster lOO/. sh. 20/. ed be
'25,01,0 lb per cent. Liverpool 100/ sh. 12y. pd 19
50100 71 per cent. Manchester and Liver ] eO/.sh. 15/ pd 19%
pool Disronnt
20,000 7 per cent. Manchester lOO/. th. 10/. pd 414
1.0,000 8 per eent. Provincial Bank of Ireland lOW. sh. 25/.0 4514
ifamet 6i cr cent National Bank of Ireland 50/. sh. 17p. pd 154;
10,000 6 per cent National ProvUicial Eng.lllo/. sh. 35/. pd 34%
81,000 Ditto New.... 101. :h. 10/ pd JO
11,000 Gloucestershire 9V. oh. 101. pd 32
0.000 lOper rent. Hampshire 5Ol sh. 51. pd 1 %
GAS LIGII'f AND COKE COMPAN 111,e,
2,500 ifs WI Bath 201. sh. 110. pd 22
5,14:0 British 40!. sh. 16/. pti 159-_
4,000 in rtei;577.11 Ditto Provincial '2ol. sh. 191. pd 254
•
928 51 lOs Birmingham 501. sh. 110
4,250 2/ Os Bristol en/. sh. 311
2:353 3/ les Brighton 2Ol. sh. It
750 31 les Ditto, New 2e!. all. 131. pci 9
2,471 41. per rent Brighton General
4.000 71.195. Continental Consolidated ....751. 621 epd 110
1. MO 101. City of London- ....... .... 100/.. 0. all pd 195
1,400 , 61. Ditto New . .......
4,000 St. Os. Equitable 5O/. pd 90
.10,000 3/, per cent. Imperial 5O/. sh. 68%
800 M. per cent. isle of l'hailet . 251. sh 2O/. pd 19
2,330 61. per cent. independent 901. sh. Mira 141
9,000 "51. per csnt. Phoenix` 'Ol. sh. 39/. pd 3:
1,0110 4/. per cent. Ratcliff lOOl. sh. 80/. pd 64
4,000 South Mstropolitan 50/. x11.`8)3!. pd 1731
0,080 51. per cent. United General 01. sh. 47/. pd 203
240 51. per cent. Warwick 5Ol. sh. 50
400 5/. per cent Wakefield
2.000 St. Westminster Chartered
6.00 12s. Ditto New 511. sh. 1(1/. pd 1131
780 3 per coat. Yarmouth QM sh. 181. pd
WATER. WOIIKS
4,800 345. Birmingham 25.!. sh. 25!. pd 91
4,433 B'. East Lcndon WO/. oh. 130
5,500 21 15s. Grand Junction Avers!: e 411. las. 4d. oh. 60
1,000 21. Kent 1001. sh. 52(4
372 101. Liverpool !tootle 2201. sh. 325
1,500 2/10s New River London Bridge Water Ann... CO
0,386 2/ lOs Manchester and Salford 100/. sh. 54
1,000 5 per cent. South London . 1001. sh. 118
0,1114 4jl. West Middiesex Average 031.1125. fld. sh. 16
.1,160 1114 e York Building Co. Lessee Prop. 1001. sh, 36
• • IRON RAILWAYS.
6,30 2/. Os. Birmingham and Derby .... lnot pd 42%
i 1,5.1) :3 pet cent. Birmingham and Gloucester 1(0/. pd 42!i
150,0 4 per cent. Bristol and Exeter 100/. :h. 70 pd 41
7,510 Cheltenham& G. Western ...1001.sh. 80/. 27
:1,004 Clarence 1001. sh. 1001 pd 20
9,000 Dublin and Drogheda 1011, sh. 5/. pd
Miter •
10.0 an 5 per cent. Great North of England 1001. sh. 100/. pd 7514
10,918 12 per cent. Grand Junction lOOl. sh. all pd L. 9
::25,t'e0 4 per cent. Great Western ICU sh. 031. pd 6334
25,000 3 per cent. Ditto Nea, 50/ oh. eot. pd 13t
%non 8 per cent. Hartlepool lell. oh. 11;01. pd 145%
B,telo Hell and Selby ...............501. sh. 50/s pd nii...
2,100 4 per cent. Leeds and Seihy 1011 sit. 15
5,1410 10 per cent. Liverpool& Manchester let Leh, 100/.1)4 188%
7,347$ 10 per cent. Ditto Half Shares • ill. pd 111 ,
11,195 le eer real. Ditto Quarter Shares 95/. pd 45 '
30,1001 Landau anti Brighton SOL sh. eet ptl, f.:4%
94,00
50,00 .:1 ner cent. London and Greenwich ...20/. sk. Vile pit Si
es,ooo tie per sh. London & Birreinghans. NO/. sh. tele pd jeo',,-
25,000 at. Is 44,, Ditto Querter Shares..ebe sh. 2.3!. pd 47i
31,230. St.: s. 4d. .Dit o New Shares 1)21. sh. 32/.111 Se
eit,ii 0 3 per sh..; Lotultin and S.Wester it Av. 43!, 13s. bd. t 24,,
13,000 Loudon and Croydeill I
Ditto Now Scrip.... Av. LW. 158.141. 12
la.e•CO 4 . per sh. 'stanchest,: r and I.eeds...looe sit. 'TO/. pd 74
13,090 ... ..... - Ditto Half Shares 5O/. 30/. pd : flia
10,000 Manchester and Ili rm usgham 70/.sh. 40/. 22
•••...... Ditto Extension 7l. pd
11',0110 21.11 s. . Midland Counties ..... ..I'3oll she 100/ pd '/
13,0(10 et. Os. , North Midland ...... . .. ?1. alt. 100/ pd 60
1/.los Ditto New
10,2:.6 11.10 s. Northern and Eastern.... 50/. sit 451. pd 4034
4100
sB,OOO 4 per cent, South Eastern and Dever SOL pd '2.12W
5,000 10/, per cent. Stockton and Darlingtoe 101../.sh. 265
0,080
54.000 10/.per cent. York and North Midland 50 • sh. 501, pd 88

:MINES.
7+,060 ' '• Albion Copper 5/. h :11. psi 12
4,000 11. 54. Alten l5l. oh 12/. It pd 1U
10,C00 ........ Anglo Mexican,iss. 5/. prri.lool. sh. a, 'id 2
Ditto Subscription 0.5/. i.ti 2%
2,000 Bolanas l5O/. th all pd 4
WOO It, 10s Braalliaulnip. iss. 5/. pm P51.5h.91/. pd 9
AlOO
11,000 Ditto St. John Del Rey ...201 sh. 14/. pd 161
irt.o3o Bolivar Copper Company 204 sh. 2(1!. pd 1
'PA O
4.0,000 ......... r British Iron lOOl. sh. 701. pd 8
.000 British Eepper 'i, sh. 4gl. pd • 1%
Cita Br.inea fig pi 51,,-,
Candonga
10,,n00 I 1 Copi,:po
8,500 ...... Columbisn, 1.-. a. 51. pin....5:4. tit. 55/. pd I
2,850 , ',/. English
2ntooo ...... General Al ining Associatlon sh.lB/. pd alt:
6,155 ~.„, Mexican Company VOL sit. Oct. pd /
"a4' .. ..... - Polberou Como!, lnt. sh. tit. pd 4
:',Sib , ........ Beal del Monte, Unregistered vq.
Ditto Loan. Note- lie/. pd so
/19,000 ......... United Mexican, iss. 2 lira. 40/. ill. all pd i 3i.
Vitt', Scrip IN,
Ditto New Scrip 4/ p 2
'West Cork 'ol. sh 501. pd 3 .
(ATER A RY INSTITUTIONS.
g,OOO ...... ... Londen, with Bronze Ticket ..75gs. oh. 14
500 London Univcrsit) ........ .1110/..sli. all pd 8
700
King' Colleae • mt.!) 18
MISCELLA N ED U s.
10,000 350. Australian Agrieuitural.loo/. ,o, r,O! pd 30
6,, CO 1, per cent. British American Land Compan) 344, pd 9
I 0,0(.6 61. per cent. Canada Company 100/. sh. 321/. pd 30
30.060 5/. pc: cent. Upper Canada Loan ...................... .. S 2
City Bonds, 4 r”.r cent ........... ..... ......... 100
.20,1100 1/, 6s. General Steam Navigatien 15/..1)..141, pd iZN
10/. per cant. Hudson's Bay Stock
254
11. • London Com. Sale 9 oom i .... Av. 751. sli. 10
......... Caot.tchouc Company 12;1. pd 123,5
New Brunswick Land C0mpa,y...50/ pd l':.
Int. Soc.-100/. sh. 100/. pd V 5
;:.57 41. per cent. Reversilnary
41,0`,i1 5/. per cent. Ditto New lOU/. oh. 1001. pd 107
4 lLii . ..... ... Thames Tunnel vv. sh. .11 pd
10.000 Oa. Van D:e.ner,'s Land.... 100/. oh. ID/. pd 43i

L !ST pf:SCO7'7I.ISH COMPANIES' PRICE

AUG. 6. 1842.
1.11 o,ooe' 0/. p. et. ?Sank of Scotland...BW. As. Bd. ch all pd
1.000.0001 e/. p. ct. Rryal of Scotland 100/.sh. allpd 1..2
5^0960/. 8/ p. et. British Liven Comp,oymllla ,h. IA %Ili
5'17140'301: 71. p. et. Con-m=6ll ,h. 1001. pd
11.01,064,,, 00. ct. National IOW. ch. 101. pd 14
p. et. Glasgow Union 25P/. sh. 50/. pd
11,1110,0001. Bp. rt. Wr.tern of See,! 401. pi CO%
INSURANCE COMPANIES.
7 ••'''•"3(131l• 41P. I.L. Sh. $l. pa Od.
,500 In '. et.- ffettules IOW. eh. 101. pd 1216
MVO() 10 p. et. Insurance Co. of Sectiand .10/.lh. all pd 8%
5f1,000 1(1 p. et. North Ilritish 2"0/. )h. 104 pd
1,000 in p. et. Calecioni.,n hire ;LW. sh. JO/. pd YO
%OM 1,1 p. Efimburzh Laic 1001. sh. 10/. pi 15
itio,fro 2f C. ct. Wr,t nt g•••tuirrd
MISCELLANEO US.
4,818 ......... Fain. nel (Pas. !Jo. Laial!,o/. h. all till 10
Ditto Allocated...—. ........ XV/. sh. all pct 38
v 15,401. per efint. Jo." "stet-ti Nvat,t.'2sl. sh ail pd
1,,101,0„, 241`-r cent. Shotts Iron 1-ounuct v......501.5h 481 pd
0,00 3 pcl7 cent. Edinburgh & Leith Gtass.2o/.sh. 10/. pd
4,!illo Riper cent. J&Enburgh Coii ti
7a. !).51.sh. all pa Si
pel (v.*. GiF,,gow Gas. ...... ..... sh. all pd 52 • 1
710 71 per rent Coal Gus ..... 201. sh. all pd 24%
I,tg3,b ,nbutgh and Dalkcith d eirv.ty 50/, sh _,a;)
, •66 • '

A Aurnal of BritLa:l2,- mentions that there wa,
I.lttly a wedding in that part of the kingdom at which
there were 950 guests, who consuumsd 18501 b. of bread,
two oxen, a heifer, and a calf,•five liarrets and a quarter
of wine, and one cask of cycler.

The LORI) CHANCELLOR proceeded to give the judg-
ment Of their Lordships in this appeal, which was heard
during the present session. The proceeding was insti-
tuted . by the Earl of Kinnoul, and the Rev. R. Young,
fin- compensation or damages, fbr having reffised to take
upon trial Mr. Young, as the presentee of the Church
ofluchterardar.The case came before the Court of Session,
and they decided in favour of the claimant by a unanimous
decision. From that judgment the defendants had ap-
pealed to the House. It was net, he believed, for any real
inherent difficulty in the case, hut on account of the im-
portance of the subject, that their Lordships had
taken time to consider their judgments. There
was one proof that was very clear, namely, that
it was the duty of the defendants to take Mr. Young
en trial of his qualification as presentee to the dwell of
Auchterarder. That question was decided by the Court
of Session, and it afterwards came by way of appehl before
t lie House, which affirmed the decision of the 0)114 below.
The law was established by that decision, and.lit could
net afterwards be controverted. It admitted of no fur-
ther question or appeal, and, therefore, that raotit being
clearly established, it was the t uty of the Presbs tery to
make trial of Mr. Young's qualification, as presentee to
the, Church of Auchterarder. The defendanas could
slot plead ignorance of the law in the present
case, bee:matt some of them were parties to the suit ;
nay, more, after the judgment bad been affitmed by
their Lordships, the Lord Ordinary pronounded an-
ether- interlocutor, by which he decreed that the
Presbefery were still bound to make taint of
Mr. Young. Mr. Young presented himself to the.
Presbytery ; the question was put to the vote, it was
decided against admitting him to trial, and the 'matter
was referred to the General Assembly ; so that the
fact was established that the Presbytery reffised ' to•
do so. Nowa what was the rule of law ? ; Why
that when . a person had a public duty to perform,
and if he neglected, or refused to do it, and thei party
sustained .an injury, that was the foundation for an
:action. That was laid down in the case of Sutton v.
.Johnson,. • tried before Baron Eyre of the 'Court
of Exchequer, and other authorities might be
stated. A case had been cited during the arguments
from Leonard's Reports of this de,-,eription. A, party
..had applied to a Magistrate to take Isis depositions in a
certain matter under the statute of Elizabeth, in a case
. efloie and Cl)'. 'rite Magistrate refused to take the depo-
sitions, and it was held that the party was entitled to bring
an action, he having sustained personal injury. Again,
in author caae of Sterling v. the Lord Mayor of London,
he plaintiff was . a candidate fbr the office of Bridge-
Master, there the Lord Mayor refused to take the poll.
'and it was held that the plaintiff was entitled to main-
tain an action. This was not only the rule in England,
but it was applicable in Scotland and had been
l; tided in the case of Innes v. the Magistrates of Edie-
burgh. In the present case the parties had no discretion
to exercise—they were bound by law to du the
net—it was imperative upon them to unapt
the party Ibr trial, and under such circumstances
it was ' quite clear the action could be
supported. But then it was said the action could not be
supported against the appellants; that it ought to have
been brought ngainat the whole body. How, therefore,
could an action be maintained against the pre-
sent individuals ? Now, what was the fact—
why, these individuals were the parties who had
done the wrong in the present instance ; by their. vote
Mr. 'Young was refused to be taken on his trial ; they
were the parties, therefere, who had done the injury,
and who were subject to the action. There wan a case
clearly in point on this subject—Ritchie v. Felton ; there
the action was brought fora false return to a writ of man-
damus brought against the Lord Mayor ; the objection
taken was that the act was done by the Mayor and Al-
' 1 dermen, and that the action ought to be brought
against all, but there the Court decided that there
was not the least necessity to adopt any such
course, and that the action was rightly brought. The
principle, therefore, of the present case was this, that
where there was a public duty to perform, the parties
were bound to perform it, and that if that duty a as neg-
lected, and the individual sustained injury, he was en-
titled to his remedy by action at law. The act of the par-
ties, in the present case, was not a judicial act, but an
act imperative upon them. The present appellants were
the parties who were bound to do the act ; they had re-
fused to do so ; and such being the case, it was his clear
opinion that the judgment of the Court below ought to
' be affirmed.
Lord BROUGHAM said, agreeing, as he did entirely,
with the proposition's laid down by his Noble and Learned
Friend, he was sure they would think an apology was
due from him, not only to his Noble and Learned Friend,
but to their Lordships, for entering at all at iarge into
the question which e had so clearly, so lumi-
nously, and satisfactorily stated. Nor should he
have done more than have rested satisfied with
expressing his entire concurrence in the decision, with
the'eXception of a single verbal alteration, which was
this—instead of saying that the Presbytery, if they had
taken Mr. Young on trial—instead of rejecting him,
would have acted judicially, and would have been en-
titled to protection, theicontext of his Noble Friend's
argument went to show that all he meant was,
that this point was not then before them to
be decided. With that single qualification, a mere
verbal alteration, he should have been satisfied to have ex-
pressed his entire agreement with his Noble Friend, but
ihat the very great importance of the case, and the inte-
rest it had excited, led him. to trespass on the time and
attention of. their Lordships by entering into it.
The decision of the Court against the Presby-
tery of Auchterarder, that in its continued refu-
sal to take Mr. Young on trial it had violated
its duty, had been confirmed by their Lordships.
It was decided that they ought to have made a trial of
his qualifications, and, if found_fit, to have admittedhim.
This decree was allowed, became final, and remained un-
appealed from that day to this. But the Presbytery still
continued in their refusal. At its meeting two motions
were made, the first, that Mr. Young be taken
on trial ; and the other, that the question be
referred to the General Assembly, and the latter was
carried ; the refusal, therefore, was plain and decided,
and the present action was brought, not like the former
one, against the Presbytery as a body, but against the
individual members who rejected the motion, and was
laid for the damage sustained by an individual, in conse-
quence of that refusal. But it was observable that the sum-
mons was different on the parts of the respective pursuers;
the presenteeonlyseeking reparation for the damagehe sus-
tained from the refusal of the majority, the question of a
- Nola tium for his feelings might be admitted. The patron
might pursue though there had been no judgment in time
other courts ; the presentee only sued under the judg-
ment that had been given. The question was whether
the action laid against them as individuals ; if the
fernier judgment had not been libelled on at all
it Would have been decisive of the question, whether
the Presbytery was bound to take him on trial or not.
They canuenow to the only question at issue between
the parties ; it had been said that they were individuals,
and not the Presbytery ; the former action was against
the Presbytery, as well as against the individuals, though
the judgment was given against the Presbytery alone.
If the law casts any duty on a person which he re-
fused to perform, he was answerable for the damage to
those to whom that refusal might bring injury. If seve-
ral persons were jointly bound to do that duty, thei
were also liable for the failure of the parties injured.
In this case the majority had disobeyed
the law, and, therefore, the majority was
answerable. Nor was this proposition less binding, be-
cause there were exceptions introduced into the law of
almost every, nation in Europe. Thus Courts of
Justice were not answerable for their decisions; even
inferior Courts provided the law clothed them, with
judicial functions they were not answerable for errors of
judgment. Even where they were only invested with a
discretionary power, however plain might be their mis-
earriage, or injurious the consequence, they were not
answerable; but where the law neither coeferred judicial
power nor discretionary functions, but required certain
; t kings to be done, everybody, whatever might be their
name, 'were hound to obey, and were answerable for
' neglect, or refusal, or contumacy. In this respect
' the comparison between the higher and lower
Courts seemed to arena, as inferior courts were
answerable, where the higher only were not.
It was not denied that the Presbytery had certain
judicial functions, but the functions they had exercised
ea the' present instance could not be considered of
that nature. It was not necessary for him to go
into the question of the Presbytery, being com-
manded to admit the presentee, as that question did
:tot ' arise, because the Presbytery had resisted in
the outset taking the party for trial. The law had
been declared which stated that the Presbytery were
bound to take the presentee on trial. The judgment of
the Court of Session was, that the Presbytery,
havieg refused to try the qualifications of Mr.
Young, acted to the hurt and injury of the pursuer,
in an unlawful and illegal manner, and that
judgnient, after great consideration, had been affirmed
by that House. The Noble and Learned Lord then
entered into a lengthened legal argument, for the pur-
pose of showing that the Presbytery could not be consi-
dered as having a supreme authority in the Church, sub-
ject' only to the General Assembly, but that it was
bound by the law of the land, and must obey it.
ills Lordship pointed out that the Presbytery stood in
the place of. the Bishops in England, and mentioned
...ases'in which the Bishops had been subject to a writ
of mandamus for refusal of a license ; and in w hat did
the action against the Presbytery differ from an action
:gainst the. ordinary ? it had been contended that
!he Presbytery being a corporate body was not liable.
But in the Scotch law there was a great laxity with
respect to what were corporations and what were not.
.-Imost any body of persons, acting and continuing to
.tat together under it, might be called a corporation.
In England it corporation could only be con-
stituted by statute, or by grant of a charter
i'ibm the Crown, and in Scotland different towns had the
power of' making grants, which constituted corporations,
mild tiniest; those various bodies were answerable fin-
tvhat they did, there .. would be no remedy whatever. In
the present case there was proof of an illegal refusal and '
..ontumacy ' in . the perfermance of a duty, and
..e injury resulting from it. The Presbytery
had refused, and did still refuse, to do what was re-
quired of them, and a continued wilful refusal to do an
;ter, had been held equivalent to doing an illegal one.
The charge that the decree of the Court below
violated the consciences of the members of the Church,
had not been entertained in the present instance.',
That was a topic from wWch they had abstained
„Ogetiter.. •, He would respectfully suggrst to any indi-
, ideals who found obedience to the law of the land re-

cupant to their conscientious scruples, that an easy
e4eaPc from their pressure was placed withia their reach.

SPIRIT of the PUBLIC JOURNALS.
FROM .THE EVENING PAPERS OF THIS DAY.
' GLOBE.—The House of Commons last night
agreed to the issuing of a new writ to Ipswich, a
place which has become notorious for the corrup-
tion and bribery that have uniformly prevailed in
the election of its representatives. Sir R. Peel,
whose lately professed zeal in the cause of purity
seems to be materially softened down, made a few
observations which appear calculated to convey an
idea that his objection to bribery is not so
much to the thing itself, as to the mode of
effecting it. His allusion to the fact of many per-
sons in Nottingham being "willing to accept bribes
offered in a proper and:becoming way," was in the
same tone and spirit as some recent articles in the
Times, wherein a little delicate bribery was declared
to be not only venial, - but unavoidable. While pro-
fessing a belief that " after the warning the public
had had, no candidate would again trust himself in
Ipswich without the most distinct understanding
that freedom of election should be preserved," the
Premier artfully insinuates that there are still
"proper and Vbecoming ways" of corrupting
electors, without incurring:, the 'risk of vitiating an
election by doing so. Sucliniorality as this is quite in
character with the source from which it proceeds, and
is not at all more elevated, though rather less coarsely
developed, than that of Mr. H. Fitzroy, who thinks
that any bribery short of offering a man "a place or
emolument" may with propriety be resorted to. Mr.
11. Fitzroy, who has, according to his own confession,
" studied bribery pretty well," is of opinion that a
man's loss of time in giving a vote ought to be paid for.
On the same principle it might be urged that Mem-
bers of Parliament, who lose very often not only
their own time, but that of the nation, by
attending the House of Commons, should
also be paid—a point, and by no means
the only one, on which the Chartists and
Tories would find themselves in perfect harmony.
Whether the amount of bribery at Ipswich be little
or great, it is allowed on all hands that bribery has
prevailed in determining the result of several succes-
sive'elections during a very long period. There must
be " something rotten in the state" of Ipswich, for such
a system to have. been so long, in force; and it
is idle to pass the matter over, as Sir Robert
Peel has done, with the hope that the electors and
candidates will take. warning from experience. It
is true they may profit by experience in taking
the hint of Sir Robert Peel, and finding out
" the proper and becoming way " ;of offering and
accepting bribes,
.which he has suggested there are
many who would be quite ready to take advantage of:
STANDARD.—We have anticipated much that we
might properly say upon the subject of last night's
debate in the house of Lords—we refer more particu-
larly to that part of the debate which concerns the
late " Ribbonmen" prosecutions. We have shown
how impossible it is to obtain any knowledge what-
ever of the mysterious and ingeniously contrived
Ribbon conspiracy except from members of it, or ob-
tain any knowledge of real value except from active
and official members of the confederacy. Vitally im-
portant as it must be to eradicate such a nuisance, how-
ever, even the attempt to do so must not be made by
immoral means ; and all will agree in the sentiment of
the Duke of Wellington, that it would be alike criminal
and disgraceful to employ persons to become Ribbon,
men, and to advance themselves in the conspiracy, for
the purpose of betraying their accomplices and, it may
'be, their dupes. To accept, however, the information
or men who have volunteered in the guilt
which they expose, revolting as it no doubt is to the
&dings of honourable men—for all communication
with such wretches is revolting—is a duty not to be
evaded by those who are charged with preserving
the peace of Society. The very same principle
which compels the juror to hear an informer
from the witness-box—whatever the informer's mo-
tive—whatever the stage of his guilt, compels the
Magistrate to place him there, without troubling him-
self to inquire whether the fellow acts from a con-
scientious or a corrupt motive. The Magistrate, pro-
vided that he keeps himself clear from promoting or
encouraging crime, is bound to use all the means which
circumstances place in his hand for its detection and
punishment. The case. alleged against the Magis-
trates upon the late trial is no doubt a difficult one.
A man avows himself a member of a treasonable
and murderous conspiracy ; but at the same tithe
explains that his secession from the conspiracy, or
9)31 r:Aaxation of exertion which might cause u:ez,:i-
cion of a purpose to secede, would, according to the
rule and practice of the conspiracy, be the signal for
his cloth. This, We repeat it, is a difficult case fur the