The Sun.
London, England, 1842-03-08 00:00:00

THE SUN, LONDON, TUESDAY MORNING-,

i o d men and boys under age, and 8,000 seamen, who had de-
f SPRIIT of the PUBLIC JOURNALS.
serted, principally in the United States, that would reduce !
the total to 70,000 men, and the total amount of French sea • I FRoE TEE EVENING PAPERS OF YESTERDAY.
GLOBE.—We are glad that Lord John Russell
men was now less by b,OOO men than it had been in 1795,
and it was with the greatest difficulty that they means to perform what we deem the duty of again
could man their ships. —( Hear, hear.) He believed taking the sense of the House of Commons on
,the
that equal difficulty existed in the United States, principle of the Peel Corn Bill.
z of theof Tradeand I ldVe td°
in manning their Navy, while we had without much difficulty duty deem it the
n us ry.to place on
fitted out fifty-four ships since the Ist of September. He men- . ~ .' party
men-
record their solemn protest against this poor palliative
boned these circumstances for the purpoi.e of showing that we
had ample resources to fall back upon for manning our Navy, of their evils. We give Sir R. Peel all due credit for
should we find it necessary to do so on an emergency. the degree of discipline he has contrived to introduce
Mr. C. WOOD wished to know the gross amount of the amongst his three hundred and fifty myrmidons. The
registered seamen in France, including all classes.
Mr. SYDNEY HERBERT—lncluding all classes, the to- bulk of them may indeed be regarded as schiavi ogni
frementi beneath his yoke. Rage, however, as they
tal number is 98,706.
Sir C. NAPIEIt approved of the Registration Bill applied may, they are compelled to devour their wrath in
to the Navy; but he thought that measure might be carried out silence, or to give it vent in other channels than arti-
still further than at present. A seaman registered at one port culate speech. The Yahoo-like utterances, and in-
must now be registered again at another to which he removed ;
human noises which have latel
and he thought a register might be given to him by , y been heard in the
which that inconvenience might be avoided. With re- House, may be ascribed to the stifled spirit of the
gard to employment in dock-bards, it appeared to him that Tory malcontents; and here and there one of this
a great advantage would be gain_ dby conferring situations of Yahoo section of Ministerialists has been suffered
that kind upon deserving seamen. They would, by this means, to get up, and state "the . thing that is not"—
obtain the parties best fitted for the various offices in dock-
111, but at the Anti-Corn-law League. Neither
provided he levelled his statements, not at the Corn
yards, while they would, at the same time, hold out an induce-
ment to men of good character to enter the service. Employ-
-3
ment in the dock-yards was now a matter of private influenc, I ahoo, nor Yorkshire Hussar, has been allowed any
and the Navy was forgotten altogether. He remembered farther liberty. " The Premier's threat," says the
having asked an old seaman whether he had applied Weekly Chronicle, " that he would leave them to
. . . .

for a situation in a yard in which there was a vacancy ; upon
which the man replied that any application upon his part
would be useless, as the situation would of course be given
to the second butler of Lord Dalmeny, who had been keeping
company with Lady Minto's maid.—(Laughter.) He would
take that opportunity of making a statement in confirmation
of an observation which had fallen from bi:n the other
evening, as to the very advanced age of many of
the superior officers in our Navy.—( Hear. ) He found
that out of the first two hundred Captains on the
list seven were upwards of 70 years of age; forty-
nine were from 65 to 70 years old ; sixty-nine were from 60
to 65 years old; sixty-six were from 55 to 60 years old ; and
there were only nine under 55 years of age. He believed thal
this evil might be remedied by an additional grant of a few
thousands a year, which would enable the Government to pen-
sion off officers arrived at an age at which it might be sup-
posed they could not sufficiently discharge their duties.
The vote was then agreed to.
The next vote having been put for the sum of 34,982/. for
the salaries of officers, and the several expenses connected with
the scientific department of the Navy,
Mr. COOPER said he wished to ask the Hon. Gen-

fight their own battles, unless they not merely
pledged themselves to give a consistent support to
his plans in Parliament, but give up the practice of
talking against them at their Clubs, has had its
effect A Tory of the old
school told us the other day that he was perfectly
disgusted with the tergiversations of the Carlton
Club, where one stripling after another came
in to say, satisfied—and Tin satisfied—and the
average price of wheat will be so and so, under Sir
Robert Peel's Bill'—when I'll be hanged if there's one
of them (said our informant) who knows what an ave-
rage is !" Sir R. Peel may be satisfied with this very
intelligent unanimity; and we are satisfied that the whole
responsibility of the measure should rest on his Govern-
ment; and that he should have full force to carry
exactly what he proposes. It rests, however, with
those who regard his proposals as founded on a false
principle—as calculated to evade, not answer, the

tleman whether it was the intention of the present. Board of
Admiralty, and of the Government Inspectors of Schools, to
adopt the recommendations of a Commission which had been
appointed some years ago to inquire into the state of instruc-
tion at the Greenwich Hospital School.
Mr. SYDNEY HERBERT said that the subject was one
to which the present Administration, as well as the last, had
paid the utme:t attention. The system recommended for
the instruction of the boys was being carried out at present ;
but the system of discipline had not succeeded so well, and the
fullest powers were given to the masters of the school for that
purpose.
Captain FITZROY said that although he might meet
with the reprobation of the Hon. Member for Coventry, he
could not help saying that he wished the proposed vote
was a larger one. The officers employed in the hydrographical
department at home, for instance, were very ill paid, although
the officers abroad were rather well remunerated. He might
refer to the case of Captain Beaufort, a man whose reputation
it would be needless for him to enlarge upon, and who had
only an allowance of 5001. a year, with ahouse, for his services,
at the head of the Hydrographical department.
Capt. PECHELL asked whether Capt. Beaufort did not
also receive his half-pay ?
Capt. FITZROY said that he did ; but so did the Lords of
the Admiralty. The Hon. Member for Halifax had taken
great credit to himself, tile other evening, for the improve-
ments which the Administration to which he had belonged
had introduced into the service; and he had endeavoured to de-
preciate the exertions of the " Flag Officer." But to that
officer in his (Captain Fitzroy's) opinion the improvements
in question were mainly owing. He wished to say a
few words about the West India Packets. He thought that
was a subject which required the further consideration of the
Admiralty ; and it had been found that the vessels now upon
that station were very inconveniently built for the purposes
for which they were intended. They were too large for run-
ning among the Islands, and they were too weakly built to run
between the Islands and this country.
Mr. C. WOOD said that he could not attribute the improve-
ments effected in the service to the " Flag Officer," as the
Hon. and Gallant Member who preceded him had done. That
officer had made his suggestions in the year 1838,
and the improvements had been commenced in 1837.
The statement of the " Flag Officer" was incorrect—was totally
without foundation. Anything so incorrect as the statement
of the " Flag Officer" he had never seen in his life, and it was
the less to be excused as he had all the papers before him.
The vote was then agreed to.
On the question being put that 124,44.5/. be granted to
her Majesty to defray the expenses of naval establishments at
home.
Mr. C. WOOD took the opportunity of suggesting that
Captain Elliot, late Plenipotentiary of her Majesty in China,
was deserving of some employment at home, in consequence of
his zeal and personal sacrifices in the employment which he
lately held.
Sir GEORGE COCK-BURN said whenever an opportu-
nity offered, the merits of Captain Elliot should not be over-
looked.—( Hear. )
The vote was then agreed to.
The sum of 23,176/. for the salaries of officers of naval esta-
blishments abroad was next voted.

urgent demands of the most momentous commercial
crisis that ever arrived to a nation—it rests with
every assertor of regular commerce in the first neces-
saries of life—by his voice or by his vote to attest his con-
victions of true policy. The time may not be distant
when the importance of firmly planting the standard of
sound principles will be seen more cleary than it is now.
STANDARD.—The high reputation of British
Honesty it is well known has done more to promote
our commercial greatness than any other cause. It
is not necsssary to assume, and we are sure it would
be unjust to assume, that all our manufacturers, or
even a majority of them, are guilty of the dishonest
practices exposed by Mr. Ferrand ; but it is
obvious that some of them must be guilty,
even without Mr. Ferrand's evidence ; and Messrs.
Cobden and Brotherton acknowledge as much.
If, however, some, and even but a few, are guilty of
such practices, that is quite enough to soil S the BritiSh
character in foreign markets--quite enough to suggest
foreign rivaiship—quite enough to explain the
anxiety of the members of the League for
opening new markets, seeing that British goods
have lost all character in the old ones. A
cry is raised against Mr. Ferrand, because
he has told the truth in this particular, and he
is charged with wishing to injure the export
trade. This is, however, most unjust. The trade
can be injured only by itself—by the employment
of worse paid and therefore less skilful workmen,
and of inferior materials, thus producing a bad
article, which, however disguised by fraud, will
soon be detected by the purchaser. We did not
understand Mr. Ferrand to charge all manufac-
turers—indeed, he cautiously guarded himself from
being thought to do so. We did not understand
him as charging even all the members of the League ;
though, by associating with those guilty of the •
frauds, they show that they do not think very
hardly of them. What we understood Mr. Ferrand
to say was, that the foreign market for British
goods had been injured by such frauds. Messrs.
Brotherton and Cobden, however, confess that such
frauds have been committed ; and every one can judge
whether great disgrace to British goods must not have
arisen from them. We feel, as every one must
feel, great difficulty in dealing with the ques-
tion generally, because we know that many ex-
cellent men are
.engaged in manufactures, and that
some of them are even compelled, by the tyranny of
competition, to do otherwise what they would not do ;
but the interests of hundreds of thousands are at
stake, and we may not be silent. The character of

A vote of 567,0271. for the wages of artificers and others in
naval establishments at home, was agreed to.
The sum of 38,530/. for the wages of artificers in her Ma-
jesty's naval establishments abroad was then voted.
'I he question being put that the sum of 1,238,90;1. be granted
for Naval Stores,
Dr. BOWRING said that he could not allow this enormous
vote to be passed at so late an hour. He should, therefore, move
that the Chairman report progress. There was no regular ac-
count whatever kept of the stores in this country, nor was Par-
liament informed what was the quantity at any time on hand.
Sir JAMES GRAHAM said that the Hon. Member was
under a very erroneous impression The fact was, that a
very exact account of the stores on hand, was alwa s kept, but
when it was recollected the contracts were always made by
tender, it must be obvious that it would be highly injudicious
to make it known from time to time what was the exact
amount of stores on band.
Dr. BOWRING wished to know when an absolute survey
of the stores was last made ?
Sir JAMES GRAHAM—In 1841.—( A laugh.)
Mr. WILLIAMS moved that the Chairman report progress.
It had been an estzblished rule for the last three years net to
vote any public money after twelve o'clock.—(A laugh. )
Mr. S. HERBERT said that he did not intend to go fur-
ther than the present vote that night.
Mr. WILLIAMS—You had better take all the votes to-
gether.

British trade, too, through all its departments, is se-
riously menaced, for the character of the British mer-
chant will not long survive the character of the goods
which he exports. The time, indeed, seems to have
arrived when the state of manufactures ought to un-
dergo a strict investigation by the Legislature.
COti RIE .—Certain printed documents have
just been laid before Parliament in the form
of " Papers relating to the moneys received
from the Chinese authorities in the city of Canton,
under an agreement entered into with her
Majesty's Plenipotentiary, on the 27th May,
1841, presented to both Houses of Parliament by
command of her Majesty, 1842." From this singular
batch of papers we learn officially that for the t rl)i-
trary levy of the six millions of dollars the Superin-
tendent had no warrant from home, or what could,
from any forced construction of general instruc-
tions, be even interpreted into a warrant, excepting
under the special circumstances of the definitive
conclusion of a treaty of peace for the settlement of
all differences with China. That the levy was grounded
on the condition of the conclusion of a definitive treaty
is now denied by Captain Elliot himself, although
by the Chinese negotiators it was clearly regarded in
that light, as we learn upon the indisputable authority
of Captain Senhouse, Naval Commander-in-Chief of
the operations against Canton, who fell a sacrifice to the
chagrin and irritation caused by Captain Elliot's in-
capacity and unaccountable blunders acting upon a
frame already perhaps enfeebled by the hardships of
service and the rigours of an unhealthy season. Nor
in the copy of the Convention arranged with the Can-
ton functionaries does the money payment stipulated
appear to be at all expressed as, or limited to the sense
of, a ransom for the city. Upon the copy transmitted
by the Superintendent to him the Gallant Senhouse
thus observes—" In perusing very attentively the
document your Excellency has been pleased to
transmit, I cannot avoid considering that the terms
of the arrangement must appear to an unpre-
judiced person, ignorant of local circumstances,
more as a settlement for a general peace,
rather than conditions proposed, discussed, and
agreed to, for the sole purpose of delivering the city of
Canton from the penalties of actual occupation." In
the authority given to the Kwang-Choo-Foo by the
Commissioners, they clearly state that the English
Plenipotentiary, being willing to observe a truce and
make arrangements for peace, they, therefore, appoint
the Kwang-Choo-Foo to conduct the details of the
pacific arrangement and settlement.

- The vote was then agreed to.
The House then resumed, and the Chairman reported pro-
gress, and obtained leave to sit again.
The Rivers (Ireland) Bill was read a second time, and or-
dered to be committed on Monday.
Sir GEORGE CLERK moved that the House, on Wed-
nesday, resolve itself into a Committee of Ways and Means.
Ordered.
SALMON FISHERIES (SCOTLAND).
Mr. H. DRUMMOND brought in this Bill, which was read
a first time.
The other Orders of the Day were then disposed of, and the
House Adjourned at One o'Clock.

SECESSION FROM THE HOUSE
OF COMMONS.
TO THE EDITOR OF THE SUN.

SIR,—As a reader of your able Journal, I would make a
suggestion in the present critical position of our country, and
the utter disregard on the part of the Legislature to the welfare
of the industrial portion of the community, and their con-
temptuous denial of justice to the famishing population of the
manufacturing districts. I would suggest, that during the
passing of the " Pinch-belly" measure of the monopolists;
that these patriotic men who, in the House ,nis.called the
Pevle's, have stood forward as the advocates of unrestricted
commerce, that they should absent themselves, either in a
body or individually, previously protesting before the House
their determination, that they should return to their respective
constituencies ; that meetings should be convened, at which
meetings the representation of the people in their own House
may be discussed. and same understanding come to as to the
course to be pursued.
The public generally are sick of the talk of Parliament.
Need we wonder at this? Let those who represent the mil-
lions leave the trimmers to assist in the childish play of dividing
to no purpose; and let them enter on the noble and righteous
course that is before them—the attainment for the whole people
of a share in the Government, as laid down in the simple pro-
position adopted by Joseph Sturge and his coadjutors. That
this object may soon be realised, and men recognise the Scrip-
ture maxim of doing unto others as they would be done by, and
wishing your Journal success in the advocacy of these views,
I subscribe myself (with regret),
AN UNREPRESENTED ENGLISHMAN.
London, March 7, 1842.

" MUCH WILL GET MORE."—Mr. Leigh, the Mayor
of Liverpool, who is already reported to be the richest commoner
in England, has, during the last month, received an accession of
fortune under the will of some old lady, who lived somewhere at
the south end of this town.—Liverpool Chronicle. We believe
naileinsst-stree Bannister's who
bdr died
every
was
ar ecen
solicitort l y. —i
nL
extensivei verp o o/ Sp
rt aa
cntdi c
ea r d
in.
the lady here alluded to is Miss Bannister, of Upper Parlia-
ment-street,
and held the office of Clerk of the West Derby
Court. The grandfather of Mr. Leigh was a farmer, and held
a farm somewhere in the neighbourhood. His son John, father
,to the present Mayor of Liverpool, was a fine youth, and at-
tracted the notice of Mr. Bannister, who, finding that his father
intended to bring him up to trade, suggested tbat he had better
send him to his office, and he would make a lawyer of him. The
suggestion was gladly adopted. Mr. John soon acquired the
confidence of his master, on whose death he succeeded to the
business, including the Derby connexion, and became a leading
solicitor. By extensive speculations in land at the north end of
the town, a large district of which belonged to him, he amassed
a very large fortune, the bulk of which his worship now pos-
sesses. Miss Bannister continued the connexion with the Leigh
family commenced by her brother, and, dying at the advanced
Age of nearly 90, " without kith or kin," left the whole of her
accumulated property to the present head of the house. We
trust that the Mayer will long live to enjoy and to spend his
r.iches. —Albion.
SIR WILLIAM WRAXALL.--This Baronet having
been mistaken for his ancestor, the following account of the
latter, taken from the second volume of Madame D'Arblay's
"'Diary," just published, may not be unacceptable :
" Wroxall,- Nathaniel William—This gentleman (who was
createo a Baronet in 1813) was a voluminous writer of travels,
historic II works, memoirs, &c. He was the son of a Bristol
merchant, and oassed the early part of his life in India, in
the civil service of the Company. He was afterwards ap-
pointed Judge-Advocate of the Forces of the Presidency of
Bombay. His lats st work, and that which attracted the most
attention, was entitl. ¶d ' Historical Memoirs of my own Times,
&c.' It was publish( 'd in 1515. Sir Nathaniel Wraxall died
at Dover, 1831, on his way to Naples."

THE NEW'AVERAGES.
TO THE EDITOR OF THE SUN.

SlR,—Having a perfect knowledge of Dover Corn-market,
and of those to be added by the slippery Ministers for aver-
ages for the new Sliding Scale, allow me to present to you a
few facts upon this selection, and to request of gentlemen re-
siding in the localities of the several markets to be added for
future averages, to forward to you such hints as to the quality
of the wheat sold at those places as may occur to them.
Dover Corn-market begins at three o'clock r. In., or rather
later ; the number of persons attending very few • sometimes
not exceeding twenty; the quantity of business done inconsi-
derable. The land being very interior about Dover, the qua-
lity of the wheat is at all times inferior, and, in unfavourable
harvests like the last, much of it unfit for human food.
The Corn-market at Sandwich, about the second in the
country, which makes no return, where nearly all the fine wheat
for Dover is purchased, is supplied with wheat of an average
full ss. per quarter superior to the wheat sold at Dover ; is well
attended ; and where ten times the business is done. This market
is omitted in the present and new selection of markets for futnre
averages.
So that the Dover market is selected to make returns of
wheat which, unmixed, the inhabitants cannot eat, and no re-
turn of the fine wheat they do eat, is, or is not, intended to be
made at all. Such will be the Dover averages. Is this selec-
tion made from ignorance? If so, it is a poor plea for a Mi-
nister of State ; and, if by design, it is downright dishonesty,
and is done to unfairly keep down the averages, like the pre-
sent system, which requires factors to return all wheat sold,
whether for human food, or for making starch for ladies' caps ;
whilst, by the new addition, a better sort of pigmeat will help
the sliding scale to keep out of the country wholesome food for
its sustenance.

- •
DEATH OF KIRRIN_‘.AN FINLAY, ESQ.—We regret
to state that Mr. Kirkman Finlay expired this morning (Fri-
day) at his residence, Towar, i Castle, Argyleshire. Mr. Finlay
during a long life, has been frequently before the public, in
various capacities, and of cours( his public principles and con-
duct have been variously regal tied hy different persons. As
an authority on commercial qui vtions no man held a higher
position in Parliament than Mi *. Finlay, and his services in
helping to break up the East monopoly will long be
gratefully remembered by many of his 1:110w-eitizens. Glas-
gow Chronicle.
The General Steam Navigation Company's vessel
the Columbine, Norwood, from Ra tterdam, arrived off the
Custom-house on Sunday with the Mitch Mail.

I do hope these facts will induce others to expose the tricks
of the Sliding Scale Ministers in their several localities.
Dover, March 4, 1842. FAIRPLAY.
The following is an extract from a factor's letter, dated Mark-
lane, March 5, 1842
The sprouted wheat from Scotland, which has lately come
upon our market, has been sold at all prices, from 30s. to 501.
per quarter."
Now, the same letter quotes fine Essex and Kent wheat in
Mark-lane at 68s. Here is a fine specimen of Ministerial and
Parliamentary legislation and human wisdom, one of the beau-
ties of the sliding—l had almost said the scamping scale—here
is agricultural protection, where pig's meat is blendid with
human food to enhance the price of sound wheat, and to keep
out foreign grain, to the destruction of human existence by the
body politic, for the protection, not of health, or existence, but
for the protection of the agriculturists, and this to be made
worse by the introduction of more pig's meat into the averages.

PROJECTED PURCHASE, OF TE 1E NORTH SHORE.—
We have heard, as a rumour, th at. the Corporation are
now negotiating with thee Earl of Derby, for the pur-
chase of his Lordship's righe to the strand of the North
Shore, from the limits of the borough to the landmarks
at Bootle. The sum mentioned as .the price of the strand
is 15,000,1. The Corporation contemplate the proba-
bility of the strand being wanted for the formation of
docks to the northward ; and they are., therefore, desirous of
securing the right to the strand as far a 3 the landmarks. As
the tide runs with great velocity along the Bootle shore, a
breakwater will, it is supposed, have to E e built to weaken its
fore,. The building of it will cost a h rge sum of money;
but it is, in the opinion of competent judg, es, quite indispens-
able, if docks are to be fow3ded on the strand.—Limerick
Chronicle.

FIRE AND LOSS OF LIFE AT BOULOGNE.—A fire
broke out at half past two o'clock, on the Ist inst., at the house
of an oil and colourman, named H. Postel, when he fell a
victim, as well as his son, twenty-one years of age, and
daughter, eighteen years of age, leaving the widow and mother
in such a distracted state that no hopes are entertained of her
recovery.

LAW INTELLIGENCE.
HOUSE OF LORDS, March 7.
The House sat to-day to hear Scotch appeals; the Peers
present were Lord Cottenham, Lord Brougham, Lord Camp-
bell, and Lord Middleton.

ROYAL RUROUS OF SCOTLAND V. CUNNINGHAME.
This was an appeal from the decision of the Court of Ses-
sion. The only question in the ease was, whether the Con-
vention for the regulation of Scotch burghs was a corporation;
and every member elected for life, or whether the appointment
was only annual. The Court ofSession decided that the ap-
pointment was for life, and from that decision the present
appeal was brought.
Mr. GORDON addressed their Lordships for the appellant
Mr. STUART followed on the same side.
The ATTORNEY-GENERAL and Mr. MACONOCHIE appeared
for the respondests.

Their L.ORDSHIFS postponed their judgment.
LAWRENCE v. BLAKE—JUDGMENT.
Lord COTTEN/IAM gave judgment in this ease, affirming all
the orders appealed from except one, which his Lordship
ordered to be reversed.

ALLAN V. BRANDER.
Lord COTTENIIA3I also gave judgment in this case, affirming
the interlocuters appealed from, with costs.

COURT OF CHANCERY Murat 7.
The Lord Chancellor sat in Lincoln's-inn Hall to-day.
IN THE MATTER OF THE BIRMINGHAM FREE GRAMMAR

SCHOOL.
This case same before the Court upon a petition presented
by the Governors of King Edward's Free Grammar school in
Birmingham, praying for a reference to the Master. In the
year 18:14 an information was filed for the purpose of
ascertaining what was the property belonging to the
Charity, and also for a scheme for its future
regulation. Under that information, a reference was
directed to the Master, to inquire whether it would be
for the benefit of the charity, that the school should
be rebuilt, and that application should be made to Parliament
to enable them to rare money for the purpose. The Master
reported in favour of the rebuilding of the school, and applying
to Parliament, and he also approved of a scheme for the future
regulation of the school under which the head master was
to be al owed to receive boarders. Since the new
building hid been erected, it had been found that
the sum rained under the Act was not sufficient for the purpose
by 6,1)001., and the object of the present petition was for a re-
ference to the Master, to inquire whether it would be for the
benefit of the Charity to apply to Parliament for another Act
to raise a further WWI, and for the alteration of the scheme
relative to the head master receiving boarders, the Governors
proposing, instead of allowing him to receive boarders, to pay
him a certain sum for each scholar.

Mr. Finnelly appeared for the Bishop of Worcester, and Mr.
Bacon for the Head Master, and consented to the application.
The Loan CHANCELLOR. made the order as prayed.

ROLLS' COURT, March 7.
His LORDSHIP heard motions to-day.

VICE-CHANCELLORS' COURT, March 7.
(Before the VICE-CHANCELLOR of ENGLAND.)
Motions of no interest occupied his Honour all the morning.
(Before Vice-Chancellor WIG RAM.)
COLE V. STUTELY.

His HONOUR gave judgment in this cause, which came
before the Court on exceptions and further directions. Under
the will of Martin Cole, the husband of Elizabeth Cole, the
latter became entitled fur her life to certain household property,
with a general power to appoint. The property was subject
to two mortgages created by the testator, one for 500/. and
the other for 1,000/. The bill was filed by the appointees,
and the question in the cause was whether the monies origi-
nally secured by those mortgages, constituted part of the resi-
duary estate, or whether the appointment had been made in
such a manner as that the appointees took the estate subject to
the charges open it. After citing several cases in point, his
Honour decided that the mortgages must be considered as part
of the general estate.

RAIKES V• WARD.

In this case, the question being as to the construction of a
will, his Honour said that in the present state of the case it
was not open to him to decide the point raised at the bar.

INSOLVENT DEBTORS' COURT, March 7.

IN RE CHARLES VALENTINE AUSTIN.

The insolvent in this case, who described himself as a
water-gilder, carrying on business in partnership with his
mother, was opposed by Mr. Cooke, on behalf of a creditor
named Osborn. His petition was supported by Mr. Woodroffe.
It appeared that he had been in the habit of accepting bills
of exchange, drawn by a person named Hea land, and some
four years ago the opposing creditor, who was clerk to Mr.
Pemberton, the Chancery barrister, discounted two of those
bills for 504 each, payable in three months, for which a rate of
interest was charged equal to 12!. per annum for 501.
Not being able to meet them when they became due, they were
renewed upon similar terms, and now formed the grounds of
opposition to the insolvent's discharge. Headland passed
through this Court in last January, and the insolvent's mother
had likewise taken the benefit of the Act about twelve months
ago, since which time she died, and by her will left him a por.
lion of her share in the trade, but only one attesting witness
being to the will it was invalid.
Mr. WOODROFFE said his client's case required the attend-
ance of Osborn to give evidence touching the circumstances
under which the bills were discounted, as he (Osborn) had so
very frequently appeared in this Court to oppose insolvents
under circumstances similar to the present, it was desirable to
have as close a scrutiny as possible.
Mr. Cool: said it would be utterly impossible for him to be
present, as he was obliged to be in attendance upon Mr. Pem-
berton at the House of Lords, who was engaged in several cases
of appeal.
Mr. WOODROFFE was about addressing the Court for the
insolvent, when
_

Mr. Conimissioner REYNOLDS said the• facts of the case, as
they appeared at present, rendered such acourse quite unneces-
sary on the part of the Learned Gentleman, as nothing tran-
spired to induce an adverse judgment.
The insolvent was then ordered to be discharged.