The Sun.
London, England, 1845-07-30 00:00:00

rbtrb ambition

SUN OFFICE, Seven o'Clock.'"

RAIL-WAY C 0 31 NI 'yr 141 i E s .

(THIS DAY.)

ROUSE OF LORDS.
STANDING ORDERS COMMITTEE.
11le Committee met at 12 .o'clock, the Earl of Shaftesburi in
the chair.
•;,
The following Bills passed through Committee, after some dis-
l— The London and Croydon Extension Railway Bin, ar.d
.„,4ssion el3ollon, Leigh, and Kenyon Amalgamation Bill. The Dublin
a 'Pe Water Bill also passed through this Committee.

HOUSE OF COMMONS.
GROUP X.
saErrxrazal AND LINCOLNSHIRE LINE.
Viscount Courtenay, Mr. Wall, Mr. Scrope, and Mr. Darby,
...the- Members composing this Committee, commenced business to-
'll3' by the resumption of evidence on behalf of the above scheme.
Ur. Hicasox having handed in a table of the coaches and
%Mars' carts passing on the route of the proposed Lincoln line,
Mr. Watkins, a maltster, of Worksop, under examination by
Mr. HOPE, deposed to the considerable advantages which the
railway Would confer on the town generally, and his trade in par-
ticular_ He made about 2,000 quarters of malt annually, the
Majority of which was sent to Sheffield, and a small proportion to
Manchester. If the projected Lincoln line was constructed he
areet.other kilns, by which 700 or 800 quarters of
malt would be additionally•made. •
the evidence of
a timber merchant, of the same town, corroborated
tir••••.lZtice of the last witness.
prow.,l,,bire, the market-clerk of the Duke of Norfolk, at Sheffield,
ii• Convenience arising to the district in winter from the
chng of „the water navigation, and the great importance of a line
m"at under consideration.
DUrham," a miller of Worksop, gave similar evidence.
fir• Jonathan Marshall, a farmer and corn merchant resident at
Wi;es
derk
amnall town near. Worksop, spoke to the fact of a consi-
""e quantity of grain beingsent from Lincolnshire to Man.
-"estier and the West.
Mr. Peter Hartley, a cornfactor of Manchester, attested the
atturacy of the prece;ding witness, and mentioned his receiving
sixty e•
ieht tons of grain weekly from the Lincolnshire markets.
Mr' Thomas Rokeby Appleby, coal and iron.master in the
"ellthbourhood of the Chesterfield Canal, deposed to the insufficiency
diitthriacttsn.avigation for the conveyance of the vast produce in those
Mr. Grissell, of the firm of Grissell and Pero, under examination
by Isfr•
„HOPE, spoke to his p ocuring the stone at present used for
-"e construction of the new houses of Parliament from Anston, a
quarry about two miles from a point on the Sheffield and Lincolnshire
He is now obliged to resort to the canal for the purpose of
nitranseaitting the stone, but in consequence of the frequent inter-
itidtill occasioned by the scarcity of water in summer, and its
s
''''l3B frozen in winter, it is a most inconvenient mode of convey-
"re. If the proposed Lincoln line were constructed, he should
aen...l the stone by it to Gainsborough for transhipment.
Mr. Hatfield, an architect, of Sheffield, corroborated this
.orideote.
d Mr. Lee, assistant.surveyor to the Paving Board at Sheffield,
1t;61'2 Il ed to the qoantities of good paving-stone and magnesian
hmetone that are found in the neighbourhood of the Sheffield and
llcoln line, all of which would be conveyed by it for the use of
e former town ; while on the Bawtry branch there is little or
rditteral of any available utility.
briik Turner, a butcher, being asked his opinion of the Bawtry
"ch. exclainieci, amidst roars of laughter, in which the mem-
bers
b of the Committee irresistibly joined, " Oh, tor! it is not
tlortb mentioning. It pas.es through a country as barren as their
his' it is fertile in neither cattle, vegetables, nor con. I" After
Wgiethapdhraicwl3urst of indignation, the witness was allowed speedily
„kUr• Thomas Greenwood, traffie-taker and accountant of 1‘1,,n-
-"ester, then handed in the traffie tables, from which it appeared
clum That j on
,•••„1,
; -91. 7s. lid. was anticipated for the gross returns, de-
-01444 40,1241., or 40 per cent. for working expenses ; a net an-
the.nscalPnic_l°arnl eincorfea6,oed.
60,1861. 7s. 11(1., or 8/. 12s. was anticipated on
b 007): committee then adjourned at five o'clock till to-morrow at

CHANCERY.—(THIS DAY.)
'—efore the LORD CHANCELLOR and the MASTER OF THE ROLI S.)
Thj, IN THE MATTER OP THE SUITORS,
the .e'a,e cams. on again to day pursuant to appointment, uponf
I=l of thirty-two solicitors of the Court, complaining
aria —tle Pursued in the office of Master Lynch by his chief clerk,
aria ii77lnli that the Court would direct inquiry into the subject,
;t k
clerk '..ould think necessary, that it would remove the chief
at len rsosm his office. The petition, which we have already given
r; among 5 other things stated t—
t. hat hi
f.„ the month of December, 1843, Andrew Henry Lynch,
-"e or the said Masters in Ordinary, appointed Thomas
k'htttug, who had then been copying or junior clerk in the office
or another of the said Masters for more than ten years, to be chief
clerk of him the said Master Lynch, and in the month of June,
1844, the Lord Chancellor was pleased to order that the salary 01
one thousand pounds, provided for persons filling the said office of
Chief clerk, should be paid to the said Thomas Whiting, since
which time the said Thomas Whiting has annually received such
salary.
"That notwithstanding such appointment of the said Thomas
Whiting, and such receipt by him sf the said salary, he has never
performed, or in any manner attempted to perform, and does not
now perform, the important duties belonging to the said office of
chief clerk to the said Master Lynch, but that such duties have
been ever since his said appointment performed by, and the same
are now continuing to he performed by, Edward Wright, the junior
or copying clerk in the said office of the said Master Lynch, who
Is not himself qualified, according to law, for the office of such
chief clerk, and by such means the duties of chief clerk to the
'aid Master Lynch are, in fact, performed by a deputy and an un-
qualified person. And the said Thomas Whiting has ever since
his said appointment performed the duties of copying sr junior
Clerk,.r and no other duties, in the said office of the said Master
.Yoch and the petitioners believe that the said Thomas Whiting
I°, in fact, incompetent to discharge the duties of chief clerk to the
said Master.
" That the petitioners are advised, and humbly submit to the
as Lord Chancellor, that an office of so much trust and importance
that of chief clerk to one of the said Masters ought not to be
_executed by deputy, and tbat to permit the same to be so executed
would be establishing a principle injurious to the interests of the
ors OF this Court, and contrary to tne true intent and meaning
ef the said Act of Parliament, and would have the effect of de.
riving the said suitors of thi security intended to be given to them
eY the said Act for the
performance of the duties of the said office
ablC Persons possessiag the experience and legal attainment indispen.
for the efficient discharge thereof; and the petitioners, in
their character of solicitors of this Honourable Court, and also as
representing the interests of the suitors of this Honourable Court
n.nued to their care, feel aggrieved by the premises."
ROMILLT, with whom was Mr. R. PALMER, appeared on
'stew
sse,--' of the petitioners, and contended at considerable length
11... .from the time of Richard IL to the present, the clerks of the
jurrerst acid the Masters themselves, were under the control and
4.--4d.iction of the Lord Chancellor, and that the Act of William
ot,:_tild not remove that jurisdiction. By that Act it was, among
ec things, enacted that no person should be appointed to be chief
he tsks hf anY Master in Ordinary of this Honourable Court unless
1:nld have been admitted on the roll of solicitors or attorneys
of the Courts of Westminster Hall, for not less than five
teas, or should have been a junior clerk in the office of one of the
tied Masters for a term of ten years. Now, it was clear by that
0tt1e.44 that the Master was forbidden to appoint any person to the
ts unless
he should have been a solicitor for five years, or a
is 4 Clerk in the office of one of the Masters for ten years ; and
th
bin " 21st section it was clear that the duties of chief clerk could
vet Performed by deputy. That was also clearly proved by a
ntUnber of authorities.
It Iv LORD CHANCELLOR observed that he did not understand
otrr Contended on the other side that the duties could be
ttned by deputy, but what was said was, that the Master had a
clefkkt to allot the duties as he thought proper among his different
talers • Row ILLY admitted that, but denied that the office of
taiehe‘ierit could be performed by the junior clerk. It perhaps
converrient that he should now state what sort of order
tees Proposed to ask, It was intended to ask the Court to direct a
in.-Ince to the three senior Masters of the Court of Chancery, to
el 'tiehite into the practice of the chief clerk's office in the particular
ah htestances of the present case. They proposed he should make
tit:Ter that the three senior Masters should report what were
fos,"tttiell Performed by the chief clerk, and what duties were per.
st by Mr. Wright, and also to inquire under what circum-
-ani„.
Of the office of chief and junior clerk were held in the office
Lynch, and to state special circumstances.
)4: MASTER of the Rol-Ls—What ultimate order do you ask?
Med" Itoteitsv—That no person should be permitted to perform
didt titles but the chief clerk, and that if it was shown that he was
cc'th "tent, then that the office should be declared vacant. He
inst:l ,Propose that the Court should do anything in the first
held as,l.4aD CHANCELLOR inquired by what tenure the chief clerk
fa
Mr o oe
be • Roartt.sv observed that that was not stated. There could
te_no doubt that in the present instance there was some arrange-
t bete, •clerk. It was clear that Mr.
Wsi.h arrange-
between the senior and junior
t• who performed the duties of chief clerk, was not qualified,
n.rthat he would be in two years and a half.
Vesituet 14111) CHANCELLOR asked if it was suggested that Mr.
tied iisavisfa; to have the office at the termination of the two years
B„,„__ • stortissv—Rfothing of the sort ; it was clear, however, that
. take part arrangement existed, and the Master himself also appeared
in it.
of Interest
Loma Cnaaecsatoe—l suppose the Master takes that species
' alterest which will show to the Court that he is correct.
Mr
to r • R °WILLY said that was a matter that it behoved the Court
incluire into.e
&o f..rt Ito CHANCELLOR was in hopes that it was unnecessary to
airy
'!her into that part of the case, as he felt convinced that, uson
intimation from the Court of its opinion, Master Lynch would
let upon it
totir. STUART observed that nothing could be said against the
",„oo of the pursued by Master Lynch, and he was sure that any Bug-
- Court would be instantly adopted by him.
s_ ROMILLT would not press this part of the case further. The
pillingltrned Counsel then contended he was entitled to the order he
, The Petitioners, he could assure the Court, had most un-
enattgry brought this matter forward, hoping that some legislative
liens
were to avoid would have taken place upon the subject. His instruc.
aer;otioas much as possible anything like personal ob.
he had
,
upon any one. As to Master Lynch he was sure all
done was bona fide and with the best intentions.
the ~!,,L0513 CHANCELLOR said that no person had ever performed
stles of Master more effectively than Master Lynch.
olr, R. Palmer alnier followed on the same side as Mr. Romilly.
b'rtrarr appeared for Master Lynch, who had been served
to:COPY of the petition, and said the charges contained in it were
es h__ , if they were proved to be well founded. He had been
hi:slt:d with appointing a person to the office of chief clerk in
he aid" Who was incompetent to perform the office, and that
wile
le allowed 'another individual to perform the duty who
ore:3•113, disqualified. rrboee were grave charges. Hs dented
bole of that charge in the petition on the behalf
Maiter a
etnotoa sss•sests and asserted that nothing was more
`..° lower the character of the profession of the
1",4 tha °facers by ~whom it was administered, than

to present petitions containing allegations that had no
foundation in fact. On the part of Master Lynch, he contended,
that he had full power to discharge all the clerks in his office when-
ever he pleased ; and that there was no foundation whatever fur
the statement that had been made on the other side,
that the Master could not discharge his chief desk. The
Master held his office by the appointment of the Mi
nister of the day, and the Master's chief clerk held
his by the appointment of the Master. No authority had been
brought before the Court in support of that proposition, that tended
to exalt the office of chief clerk of the Master into a judicial
office. The Learned Counsel then proceeded, at con.
siderable length, to contend that the allegations in the
petition that Mr. Whiting was incompetent to perform the
duties were wholly unfounded, and that the Master
had the right to apportion the duties of the clerks in his office as
he thought right, and he had an absolute discretion on the subject.
The LORD CHANCELLOR said it was most important that the
Court should know what sere the duties performed by Mr.
Whiting.

Mr. STUART said that he performed the duties allotted to him
by the Master. He had a second affidavit, filed by Mr. Whiting.
in whieh he stated the duties that he performed.
Mr. ROMILLY observed that that affidavit had but just been filed,
and he understood it had been made in consequence of something
that fell from the Court in the course of the morning.
The Loan CWANCELLOR wished to know whether Mr. Romilly
desired to answer the affidavit?
Mr. ROAIILLY observed that some of the duties stated in the
affidavit to be performed by Mr. Whiting were the duties of chief
clerk; he would prefer therefore that the matter should go on.
Mr. STUART then proceeded. It was admitted that the duties
were excellently well performed, but it was said that one of the
duties that ought to be performed by Mr. Whiting was performed
by Mr. Wright. Now was that, he would ask, any ground for
presenting the present petition, containing the absurd and improper
allegations it did, and bringing forward Master Lynch before the
Court as a criminal, bound to answer these allegations ? As to
the inquiry it was proposed to make before the three senior
Masters of the Court, he contended that no ground had been
shown for that inquiry. He denied altogether any irregularity in
the office of Master Lynch, for if there was he would not be en-
titled to that high character which all accorded to him. He asked
the Court, therefore, to dismiss the petition in justice to Master
Lynch, and in justice also to the suitors. All the charges made
in the petition had been disproved, and were totally unsupported by
evidence. If such petitions were sanctioned by the Court, they
would greatly deteriorate the office of the Masters, and tend to
defeat the award of justice to the suitors.
The arguments not being concluded at the rising of the Court,
the further consideration of the case was adjourned sine die.
The Loan CHANCELLOR said he could not go on with the case
tomorrow, as other business stood for disposal. His Lordship had
intended to have closed his sittings to-morrow, but as the Master
of the Rolls had been good enough to say, if the parties wished to
go on with the case he would attend another day, he (the Lord
Chancellor) would consider in the course of to-morrow which day
could be appointed. The regular business of the Court, hswevcr,
would terminate tomorrow.

Mr. Campbell has to follow Mr. Stuart on behalf of Master
Lynch ; Mr. James Parker and a gentleman behind the bar have to
be heard for Mr. Whiting; Mr. Romilly will have to reply ; and
the great probability is that the arguments will be resumed in Mi-
chaelmas term.

The LORD CHANCELLOR, before he rose, stated that after the
House of Lords was prorogued, he would hear any cases that
pressed in his private room.

SECONDARIES.-(THIS DAY.)
(Before Mr. Secondary JAMES.)
HOUGH V. DENGATE.

Love, I AW, AND PHYSIC.—The plaintiffs in this case are
coffee house keepers, in the 'Waterloo-road, and the defendant a
chemist and druggist i❑ the fame place.
Mr. CROUCH appeared for the plaintiffs. He said that they were
single women, and kept a coffee-shop called the Phrenological
Coffee-house, which was frequented by the defendant, and in the
course of two years ran up a score of Si. There was also a charge
for a phrenological bust, the defendant, no doubt, wishing to study
the science, and discover where the "bump" of " confidence" was
situate, and whether it was developed to any great extent in the
plaintiffs. The defendant had nude a set-off against the rump steaks
and mutton chops, of medicines. The bill appeared to him ta be one of
the most impudent which could have been concocted, and consisted
of almost every article which a chemist and druggist's shop cou'd con-
tain, and it really appeared as though he had copied the catalogue
throughout. The following were a few of the items :—Salts,
senna, herbs, castor oil, pills, lozenges, honey, borax, lip_salve, lina-
ments, lotions, plasters, gargles, Wills, sulphur, and pills in a great
variety. There were " night" pills and "steel" pills at four shil-
lings a box. He supposed they were required to line the patients
inside, or they could not by any possibility have survived such a
drenching and bolusing. The bill had, by these charges, been
raised to W. 4s. 5d

The witnesses for the plaintiffs proved that the dinners, &c.,
were supplied, and as to the physic, they positively denied having
had it —they would have been afraid to take any pills from him,
and consii:ered him such a simple man that he could not make up
ally thing.
For the defendant it was shown that he had advanced a large sum
of money to plaintiff's mother and brother, and that the elder
plaintiff had signed an I 0 U" as security, and that a set.
clement was come to that the whole amount should be paid
at 11. 6s. per month, but at that time no notice was taken of the
present demand as a claim, but that it was mentioned as a proof of
the intimacy and used as an argument to show that the defendant
was under obligations, and ought not to be so urgent for the settle-
ment. The delivery of some medicine was proved.
Ir. Ceotwn, in reply, contended that there had been a little love
affair between the parties, but that defendant was a mere cupboard
lover He also urged that the bill for medicine could not be
maintained, for physic was not taken in partnership.—(Laughter.)
Verdict for the plaintiffs for the full amount.

MPERIAL PARLIAMENT.
(TaIS DAY.)

HOUSE OF COMMONS.
The SPEAKER took the chair at twelve o'clock.
THE SEVERN F.'S ESTATE BILL.

On the motion of Mr. SPOONER, the Severne's Estate
Bill was read a second time.

BIRMINGHAM AND GLOUCESTER RAILWAY.
On the motion of the same HON. MEMBER, the Lords'
amendments to the Birmingham and Gloucester Railway
( Gloucester Extension, Stoke Branch, and Midland Railways
Junction) Bill were agreed to.
EASTERN COUNTIES RAILWAY.

The Eastern Counties Railway (Hertford and Biggleswade)
Bill was read a third time and passed.
SOUTH-EASTERN RAILWAY.

The Lords' Amendments to the South-Eastern Railway
Bill were received and agreed to.
LONDON AND YORK RAILWAY.

On the motion of Viscount COURTENAY, the report on
the London and York Railway Bill was ordered to be received
on Friday next.
SIN DE.

Mr. HUNIE wished to know whether any Order of Council
had been sent out respecting the plunder taken at Sinde, and
whether such document would be placed on the table ?
The CHANCELLOR of the EXCHEQUER said the
subject was at present under consideration, but he thought
the order referred to by the Hon. Member would soon be laid
before the House.
SUPPLY—EDUCATION IN MALTA.

On the order of the day for the House going into Committee
of Supply being read,
Mr. C. BULLER wished to know what steps had been
taken by Government to carry out the recommendation in the
report of the Commissioners on the subject of education in
Malta ?

111 r. G. W. HOPE said that the Government had had great
local prejudices to contend with, but they had already estab-
lished fourteen primary schoDls, and they hoped soon to be able
to introduce an extended system of useful instruction.