Star.
London, England, 1828-02-20 00:00:00

RETURN&

Mr. HUM moved for Retarns of the number of
Etchequer Bills sold, the prices of sale, and by whom Vie
sale was made, for the last two years.--Agreed to. The
Honourable Member moved for several other lteturne.
among which were Returns of the names of the Magis.
traces of the King's County to whom copies of the statutes
were forwarded by the King's Printer in Dublin.
Mr. Secretary PEEL said, that he had no, objection
Ito offer to the Motion which the Honourable Gessibeman
I had now submitted, but he would take thisoppertunity
of recommending to the Honourable Gentleman, as a
suitable subject for the consideration of the Finance
Committee, the expences which were incurred by these
Returns. Extra charges to a very considerable amount
were made for tbe cure attendance of clerks; an in•
crease in the number, of clerks, itc. was necessirity im•
nosed by the delivery of those returns, in fulfilling the
orders of this. House. Some discretion in the moving
of' returns would make a considerable reduction in the
expense; for instance, instead of moving for ten years
back, whero returns for two years would baffle e. Again,
by limiting the returns moved for to any presumed
ground of tomplaint, or some specified object. lie
stilted this.at st general remark worthy the attention of
0 e Finance Copsnutze., and not with any reference to
the returns now moved for, although these observations
were, in some degree, siggested by seeing the pile of
returns at the Oar of the House, which were prepared in
sicordance with Motions of the Right Hoo. Member
for Aberdeen.
__ _._

Mr. MABERLY said, that without ample return, it
Was impossible for. Gentlemen who sat upon that aide
of the House to come to a proper discussionsif suhjects,
as Gentlemen who possessed the advantages of official
information would, readily contradict them. Without
such returns, therefore, they bad not the necessary means
of isfosmstion.—The Returns were then *deli& •
On the Motion of Mr. PROTHEROE, on Address
was ordered to be presented to bb Majesty, praying that he wank'
be greeloasiT Pirescd tq terAettltat. there be laid before the Howe
an Account of the ice pro**. of the sale of the Public Records
printed at the public epentchsf. the number of tropics remain-
ing unsold, &c._ * _

Messengers float their Lorddsips baying requested a copy of the
Third Report of the Committee as Emigration, were ',formed,
that it should ►e sent tosheir Lordships.
Sir G. PHILLIPS presented a Petition fr qm Mr.
Thomas Bakevrell, the keeper of ai Insane Anima, called Spelog
Vale, in Staffordshire, praying for the Repeal of cat* 443,4 re.
spec!ing Lunatic Asylums. ' •

Mr. W. PEEL presented a Report from the Visiting
Magistrates, on the-Prisons in Iliddleset..—Ordend to be printed.
The following Pititions were presented in favour of the Catholic
Claims s—From Tyrone; by Mr. Bots.a, 13 Petitions
front Parishes in Cork.
Sir M. W. RIDLEY presented a Petition from New.
castle, praying a Repeal of the Duty on Stamp Receipts. ‘The Ilea.
Member gave notice,that on Tuesday he Would suave for a Return
of Stamp Receipt ties, and an Account of the &Deem ot
printing Petitions and other Documents presented to Parliarneet.

CLWRICAL SCANDAL.

Mr. NICHOLSON CALCRA FT presented a Peti-
tion from Mr. Burgoyne of Sutton, in Bedfordsbise,
relative to the removal of Clergyman from the above
parish. The Honourable Member :said, that in 1808 a
Dr. Free was appointed to the above living by one of
the Colleges of Oxford, but he proved to be a person of
such profane and profligate habits, that the Parish
IChurch was danced to the extent that the emigres's-
tion seldom consisted of more than one old woman and
two or three little children, The Peskiest prayed, that
the Horne would take into consideration the keavy
expenses of removing a deprived Clergyman by any
legal process in the Ecclesiastical Courts.
Mr. Secretary PEEL said, that the Petitioner was a
respectable Gentleman, who had attempted, upon public
principles, to remove from his parish a Clergyniao,
against whom be (Mr. Peel) must say, these was a re-
' suniptive proof of rinproper conduct. This legal pro-
ceedings to attain this object had been vexatious, dila-
tory, and expensive in the extiemes. In consequence
of the repeated representations. 'Made to him upon
the subject, when he had the honour recently to 611 the
office of Secretary of State for the Home Department,
he had in March last addressed a letter to the
Attorney and Solicitor•Geueral, requiring them to
take into consideration whether it might not be possible to promote
the interests. of the Church by facilitating the removal by law of any
vicious Minister from his parish.? The subject was full of 4ilkoky,
soadrrequited the most careful consideration. In the present gage,
the cause, after the most expensive litigation, bad been earriokby
a Wilt of Error to the House of Lords, and the costs aU fell en the
Bishop and the Churchwardens.
l'he ATTORNEY GENERAL said, that the result
of the inquiry, which himself and his Learned Friends had made,
In compliance with the night Hon. Gentleman's elquilition. was,
tha a more summary process might be adopted for deprivation duo
that at present prevailing.—The Petition was then ordered to be
on thc table,
IRISH VESTRIES AND SUB-TSNAurs. •
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io dis King's Comity sgriOst the Acts regulating LW:
Vestries and the :eV-letting of Terseasents.'
SPRING RICE Pii;ertiid rintitar. Petition
from Lime!'id. The Hontitrahli Member said he could
note nem in theta-11,er of the Pe itioners, although he
thought hi.nsell boond in dcity to his constituents to
premit their Petition, and to state their views to the
Hoyle, The Aet relative 'Co the Sub-leases might re-
lairiieonsiderabbt amendments, but the principle of the
Act was beneficial to landlords and tenants.
grueßt presented a Petition against
the-tub-letting Att. He thought the Act might be
amended. though it 'was grounded on a right principle.
Upon the Question that the Petition be brousht cp.
Mr..I3ROWSLOW made some observations in sup-
port of the Landlord and Tenant Bill" which, he con-
tended, was calculated to produce great benefit to Ire-
land. That Bill, sifter having been introduced, was
'printed, and had been circulated throughout Ireland.
tone great benefit which would arise from it was, that
it would prevent that under letting (unless under cer.
'thin circumstances). of small portions of land, which
`as found so injurious.
-Sir H. PARNELL also defended the Landlord and
tenant Bill, and was ready to avo* the share he had
taken in its formation. He hoped the House would at
length take the real state of Ireland into its considers.
Lion, and getting rid of their nostrums, adopt seine
sound principle of internal management, by Which that
industry of the country would be fairly stimulated.
Mr. GRATTAN was not opposed to the principle of
the Landlord and Tenant Bill, but he thought time
ought ti he given to the people of Leland to become)
acquai • tee with the nature of its operation. %Vial respect
to emigration, he for one should oppose himself to
raising a loan of a million, as had been recommended,
for the purpose of sending 80,000 of the Irish people to
'Canada. He thought that remedies 'of a different nature
ought to be provided for the'esils existing in that um,
happy country. , •
Mr. GEORGE MOORE thought it would be too'
much to say that the misery to which Ireland was re•
duced by the existence of her large unemployed popu-
lation, was to be traced solely to this Act. He though -1
that the House ought to take into their consideration.
the best means of redressing the evils under which the,
population suffered for want of employment, and they
would then be confer ring a real benefit on Ireland.
General HART thought that the superabundant po-
pulation of Ireland without employment was the great'
tvilvf Ireland, and that the evils of the Act were cons.'
paratiVely of much smaller force.
Mr. WALLACE was of opinion, that there were
several principles of the Act which were very objection.'
able, and it seemed to him that the Act must have been
poised without the Legislature having given their full'
consideration to all the circumstances of the country.—
He would not set up the opinion of any man. however
well informed, against a proof if practical inconvenience';
and it did seem to him that the practical inconveniences
to result from this Act were numerous. The Hon.nott
Learned Member then'ulentioned several clauses in the
Aet which were liable to a tonstroction that, in his
opinion,,eould not but be anatitSconvenient, not to say
unjust, in' their operation. ' ••
Mr. LESLIE FOSTER differed from the Hon. and
Learned Gentleman respecting the inconveniences to be
suffered from this Act. He should certainly put a different
construction on its clauses.
Mt. W. LAMB said, there never was an Act passed
for which • theta had been so unanimous and long-
continued a call as for some measure of this nature.
Let Hom Gentlemen read all the fifty volunies written
on the conditiou of Ireland, statistical and political ; let
them read all the various, able,' and elaborate speeches
delivired on the state of that country ; let theist read
all the ample Minutes of Inquiry made before the
Committees of both Houses, and they would find
that the attention of Parliament had been most pe-
culiarly 'directed to the consideration of this practice
of sub-letting, and of minutely subdividing land.—
There could be no doubt it had originated chiefly
in the circerustances of the country, and its abuses bad
been greatly aggratated 'and-increased, by the causes
which had been adveeted to. Nor could it be doubted
the question was one of the greatest sources of the
miseries and miefortunes of the unemployed and impo-
verished population of that country. Still, it must be
admitted,. that great and sudden differences could not be
safely tn'atie in matters deeply affecting the Mass of the,
people. It was perfectly impossible-to bring them over
suddenly to changes in their laws, however ill-founded
they might be, or pernicious in their principle or results ;
for they Were deeply engraves) on 'their customs and
usages by' a constant and &Braun* running beyond
the memory alien'. Any attempt tointerfere with those
feelings and habits would necessarily meet with a con-
siderable degree of murmuring and discontent. His Hon.
and Learned Friend (Mr. Wailace),'whose eminence in
his profession qualified him to speak with so much
effect on this question. as his general abilities enabled
him to ornament and adorn every subject he discuss-d,l
bad stated that this measure had produced in Ireland a
great deal of outcry and dissatisfaction. It was not to
be expected that this eppositiiin would cease, however
firmly and temperately the declarations had been made
by many Gentlemen from that part of the kingdom,
that dime was no disposition on their part to yield.—
Bathe trusted, while as they said they shelved no di:-
Oaks to yield to any violence of language or intem-
perance of conduct, they would not, be deterred from
repairing any errors that might have entered into this
measure, or from attending carefully to any new pro.
position that might tend materially to improve it.—
He was therefore most happy in taking an opportu-
nity of fully considering the subject to which his Right
Hon. Friend (Mr. V. Stuart) had called the attention
of the Hoist. If it was possible to make any modifi-
cation of the provisions of this Act, perfectly consistent
with the strict pursuance of its main principle and ob
jest, it, would be the duty of Parliament to adopt that
modikalioe. The teal object of this or any other legis•
lation respecting that country should be, for the present,.
the improtement of the condition of the people.
The Petitions was then broosbt tip; and ordered to lie ac tia•Table.
fire HENRY PARNELL postponed his Motion tot a
Dopy of tie Treaty of Limerick tilt Thursday neat. ' ' "" 7
e VOID gave notice, on the part if an Hon.
licsokettlista Lord of the Adiissr:lty, of hie intention, on Moen
day sent to &we the avy-Est tes in a Committee or Supply..
Mr. i*N
sesoary PEEL gas notice; that on Thursday
mu be Medd awe for a Ceimacistee to madder the State of the
Poke .1 Lode"

COUNTY LUNATIC ASYLUMS.
Mr. R. GORDON..i9IO id, move. for ;eaye to bring in
a Bin to amead the laws relating to LuhatiC Asylums.
in making this station the 'Hon. Gentleman addressed
the Hot* at considerable length. " In the course of his
eobwarations, he said 'that 'tlie subject of these Asylum's'
had deen.sindir the consideration of PerlisMent towards
the end of ibe 414 Session, when it appeared incon-
testably that the state of the Asylums in the Mighlaour
hood of*the metropolis wee sods as fully to warrant
ti a assertion that the fadlisy of imprisonment, for

the gratification of malignant and interested motives,
was such as could not be tolerated amongst a people
calling themselves humane. As the law at present stood:
any person might be imprisoned on the certificate of a
physician, surgeon, or apothecary. Now the construction
put upon the word apothecary was a seller of chugs.
Thus a young man, who was but yesterday a chemist's
apprentice, might commit one of his fellow creatures
to the miseries of a mad-house—though labouring only
under delirium from fever, temporary insanity, or, in
short, without any cause assigned. He was but the
organ of the Committee by whom he was entrusted to
bring the subject under the consideration of the House,
in doing which his wish was to present it as well in the
fairest as in the most striking light which be possibly
could. He would take—suppose the case of a single
lunatic; he would put an extreme case—that of a pau-
per belonging to a parish twenty miles from London,
near enough to be brought up to one of the asylumi in
the neighbourhood of the metropolis; but yet so distant,
that the overseers of his parish could exercise no benefi-
cial controul in respect of him—he would suppose him
placed at the White House, Bethnal-green—he fixed upon
Mr.Warburton's establishment, as it was well known that
there more than half the pauper lunatics of the metro-
polis and its vicinity were confined; he would be there
placed without the slightest advantage of any curative
process—he was borne out by the authority of the evi-
dence and the returns, in saying, that no curative process
was hadiecourse to at that establishment—that no mea•

sures were taken for the removal of the mental malady,l
nur any for the alleviation of bodily ailments; in fact,
there was nothing whatever that deserved to be called
medical attendance. There was a Mr. Dunstan, who•
came there for about two hours every other day—
he had an Hospital, and a fair share of private prat•
tice to attehd to, and even if he gave more than the two
hours in question—even if he gave his entire spare time
—it would be insufficient for the purpose in question.
Of the four hundred confined in that asylum there were
not above eight at any one time under medical attend-
ance. Insanity was a disorder, and required medical
tr.atment—at least it required some mot al treatment;
but there was no attempt at elassification!—thero was no
rn.dical at end4ot—there was nothing but safe custody.
He entieated..the House to follow the ease he had been

describing to the place of c^nfinement of the unhappy
subject. He would find him in a cribsroom, confined
during the slight in a box six feet long, chained both
by arms and legs, without attendance or assistance the
whole night. They would see sixteen confined in one
Trove—he corrected himself, be meant fifteen unhappy
individuals. insensible to the calls of nature, wallowing
in their own filth for the entire night. This was not the
case at Bethlem Hospital, or at St. lallte's. They
had there separate cells ; but as respected the House of
which he then spoke, the picture he had given was per.
fectlyaccurate—such was their situation every night in
the week. But what was their state on Sunday ? They
were left in that condition from Saturday to Monday,
without relief or cleanliness of any description ; and on
Monday morning, let the weather be what it might, they
were taken into an open yard,' and mopped with cold
water—in most instances their bodies covered with sores.
There was. it seas said, in this establishment, an infir
mar y for those labouring under bodily ailments ; but it
was strange the medical attendant had never seen it, and
those who had seen it spoke of it as' a scene of
such horror as he would not shock the House by at.
tempting to describe; yet he was far from saying that this
establishment was the worst that could be met with ; it
was,
on the contrary. a fair sample of the class. No-
_ _ _

thing could have been fairer than the mode in which
the investigation was carried on into its practices and
condition. Mr. Warburton had a full opportunity of
producing witnesses, as it were, for his delence, while
all the evidence given against him was presented to his
view. Amongt those examined was a person of the
aame of Ccrrdelle, who had been employs d as an assist.
ant to Dunstan: Tnat persod stated, that a mnst exact
register was kept of every thing done by the medical
attendants—of all their prescriptions, and of e, ery thing
connected with their patients—that it was a large fo-
lio volume, kept with the utmost neatness—quite a
pattern for any medical man—that it had been kept for
the last six or seven years, and every occurrence could
be traced through it. Would the House believe, that
*eery word of this long and circumstantial evidence
was untrue—not a word of truth in it from commence-
seat to conclusion? On hearing of thii volume, they
immediately sent to require it, and were informed there
was no such book—they sent for Cordelle, and asked
him, if what he had told them on the preceding day
was incoriect? he replied, it probably was—he acknow-
ledged that the whole of it was false. Alter this, would
the House believe that this identical Cordelle was still
retained as a medical attendant?—yet such was intis•
putably the fact. It was staled by some of the wit-
nesses upon their examination, ih.it sago, arrow roof,
rod other nutritive and salutai y diets, had been ob•
rained for the unfortunate patients; brit when that
came to be more particularly inquired into, and the
parties asked for the bills, it appealed that no
bills on the purchase of these articles had ever been
given; they had always fors• oth, bet ri purchased for
ready money. Now, he confessed that he gave the same
credit to this latter statement that he did to Mr. Cot--
delle's long history of the folio registry book. He be-
lieved the whole false, or, at least, that it was not true
to the extent stated. Having made these observations
upon the state and condition of a pauper lunatic, he
would now ask the House how, in the event of such pa;
tient's recovery,he was to obtain re-admissitin into society,
if any person was interested in. the continuance of his
coufittement? He knew of no process except by Habeas
Corpus. He would call the attention of the House to
the case of Mrs. Pertingal. It appeared upon the report
bf Dr. Bright, that in the year INS she was still in
confinement, though perfectly tecove?etl—and that
Gown to 1827 she remained a prisoner. Her husband
was applied to, but he replied that she was a trouble-
some woman, and that he had no desire to see her at
large, and it was not until within a few days of the
luseeting of Parliament that she obtained her free-
glotn ; then it was in consequence df his (Mr.
Gorslon's) having himself undertaken to supply the
foods for issuing a writ of Habeas Corpus. Ihe Hon.
'• denials Pistoled tit goitre length into the state of the
ift'ibl.hent 'stood respecting this subject,
sitid'Made stiterbents calculated to impress upon
the House the necessity of alteration Ins the benefit of
'WM helpless and most deeply *afflicted 'of human
He had 'prepared a Bill on thesubject, which
I.7.happened he had laid before two Secretaries of
, and four Under Secretaries, since the draft was
originally drawn oti. -He had also laid it before persons
of great' eminenceslt the legal profession, who promised
iiil? then. assiktanie: He could not conclude without
Iderring to the splendid donation by a valued friend
Hon. Gentleman who had been for neatly halt a
'century Member of Parliament for Dorsetshire ; who
'bad not only given a large manor house for the (turps(
'Of being convened into a lunatic asylum, but endowed
'4. with a considerable sum of money. The Hon. Member
Icepeluded by moving for leave to' bring• in a Bill to

consolidate into one Act the various existing Acts re-
lating to County Lunatic Asylums.
- Lard .-A9lRilt."ln rcondibg ftlie..vnntion, dwelt on
the ease With -vittiiiti under the present' tystirt.
4ifitioaty might be procured; aadiead: front -die:
report of the ensetritittee on pauper' luntriies," end Iron)
other docdments; many caiefin which great cruelty-be
been practised.
Mr. Secretary PEEL thought that after the melan-
choly details laid before the House by his Hon. Friead
on that most important subject, his motion could not
encounter the slightest opposition. The Right Hon.
Gentleman then pronounced a high eulogium upon the
Hon. Member, for the philanthropy, zeal, and ability
with which he had prosecuted his inquiries, and had
proceeded so far in his work of improvement; but begged
leave to suggest to him one or two alterations in his pro-
posed Bill. It was the natural tendency of our nature to
become reconciled or callous to even the most afflicting'
objects by a constant observati,,n of them—on which ac
counehewould recommend to his Hon. Friend to provide
in hisßill not merely for present,but for perManent reform,
by a more frequent change of physicians, and change
of visiting directors, than that contemplated, namely, by
limiting the term of their inspection to six months. As
Pauper Lunatic Asylums were at present conducted,
they, instead of being a benefi•, were productive of the
izfeatest mischiefs to s' ciety. He felt obliged to con-
demn also the indiscriminate imprisonment of such of the
poor as were afil cted with menthl maladies, by which
their symptoms were exaggerair-d, and their sufficiently
miserable ezis a ice was 'endured sti:l more unhappy.—
He would infinitely prefer se-rug the .0 here, as in Ire
land (in case.; where no danger cauld be apprehended
from their being at large) roathing at liberty —unie•
strained, except by the cares of their immeLliate friends
He again recommended to his lion. Friend's considera-
ridn the propriety of limiting the per iod for the existence
if the visiting direction and illy) ction, which he un
Jerstood was to consist, in each case, of five magistrateS'
end five physician.
Mr. It. GORDON said, he wished to place,these in-
stitutions and r the immediate direction of the Secretary
of State for the Home Departmeot ; and by the present
Bill. that Right Hon. tieuttettian would have two great
Owen entrusted to him, which lie did not possess at
present.

- I::

Mr. W. SMITH hoped the Right Hon. Gentleman
(Mr. Pe 1) would enter into this subject, as far as was
consistent with his numerous avocations. When the
Bill was in a Committee, the Right Hon. Gentleman
would have an opportunity of correcting any flaws in
the measure, if any A .ws should appear. He trusted
that no houses for the reception of lunatics, whatever
might be the reputation of their employers, would in
future be exempted from visitation.
On the motion of. Mr. GORDON kave was also given to bring
in a Bill to regulate houses for the reception of music persons.
Mr. TYLER postponed toTnesday, Mar. 6, his motion
for leave to•bring in a Bill to repeal•so much of an Act of last Ses-
sions as prohibits the wearing of ribboni•at elections.

Sir JAMES GRAHAM moved for leave to bring in
a Bill to alter and amend so much of the 17th Geo. 2d, chap. 5, u
relates to the passing and removing of Scotch Vagrants.
The LORD ADVOCATE of SCOTLAND would

not oppose the motion, but was determined to watch
the progress of the Bill. The Hon. Gentleman insisted
that if some measure of relief were not extended to
Scotland, in respect of her vagrant and unemployed
poor, she would be compelled, in selt•defence, to adopt
some means of returning the paupers with which she'
was occasionally charged, upon England.
Si. J. GK All.Ol contended that the whole effect of
the proposition which the House was called upon to
sanction, would be merely to burden Scotland by ship-
ping off paupers in steam vessels from all the ports of
England for all the ports in that country.
Mr. MONCK considered that the redundant popu-
lation of which the Irish gentry so loudly complained,
was owing, in a great mersure, to the little care which
they took, by the institu'ion of some modified system
of poor laws, to keep that redundancy in check.•
Mr. KENNEDY earnestly pressed upon the House
the expediehdy of adopting that measure relative to the
poor of Scotland, which he had introduced during the
last Session, but which had not been carried through
Parliament.

Mr. ESTCOURT explained the reasons of the oppo-
sition be hari Measure.
Mr..sEnvo iseE said, he could not den_y the
evil complained of. It was not, however, altogetter an
unmixed evil, for he believed the manufacturing and
agricultural business of England could not, under pre-
sent circumstances, be carried on without the cheap la-
bour of Ireland. The only way, however, to remove
the evil, if evil it was, nouli be to better the condition
of the Irish people. Ile deprecated the introduction
of Pool's Laws into lieland—a system which in this
coutrry seemed to be now generally considered as pro-
sluctiveof great mischi.f.
An Hon. Member thought that the source of the
mischief resulting f.om our system of Poor-Laws was'
to be found in Vitt part of the original Statute of Eliza
beth, which imposed the necessity of providing labour
for the labouring poor.
Mr. T. COURTNEY deprecated the discussion upon
such a question, of matters soirrelevant ; but was pre-
pared to deny either that the Poor Laws had produced
the mischief imputed to them in England, or would be
attended with such prejudicial effects as were anticipated
bons their introduction into Irelaird.
After some further remarks from Mr. SLA', Sir JOHN WROT-
Mr. ESTCOURT Mr. Jinni Woon, Mr. Daustannin, Mr.
Basurrr, of Wiltshire, and Sir JAHNS GRA max, leave was given tq
bring in the lhll, which was brought in, apd read a first time. •
S rJ. GRAIIANI moved for leave to bring in a Bill
to authorize the devise of real estates; held by customary tenure.
After a few words from Mr. Damns GtissAt, leave was given
to bring in the UM.

• Mt. W. WHITMORE said he should not, at this
late hour, and in the thin state of the House, propose
the second reading•of the SAIMon fisheries' Regulation
Bill, but that he was anxious to bave-the blanks filled
up, in order that the Bill might be committed on Thurs-
day.—The Bill was then read a second time, and or-
dered to be committed on Thursday next.
CAS nits.
_ _

Alderman WOOD presented a Petition from several
inhabitants of the City of London, complaining of. the violation of
the Standing Orden of this House, by Gas Companies laying down
gas pipes, and contaminating the water.—The Petition was read
and laid on the table.
On the motion of Mr. Alderman Worm, a 'Return
was ordered to be laid before the House of the amount
of parochial rates and taxes assessed in the ;wish of
Mary-la-bonne up to Midsummer, 1827; the sums cc' I
seived and expended by the select vestry ; aad also a
return of the distress warrants issued, and the debts in-
curred by the said parish.
A return war) ordered of the monies expended by the
I TPerird Ga% and Coke Company; and also an account
of the net profits of the said Company.
The Other Orders of the Day were then disposed of, and the
House adjourned at a. quaistraevrasz &situ o'Clock.

AAW INTEfoi
COURT OF KIND'S swami. 1.4.
THE KING AT rat rgcsecvvos OFJIIIIIRXWIN.CHERTER,
ESL/ V. THE LORD MATOR AND ALDERMEN OF TUS
CITY OF LONDON:

> __ .*_.

This was an ls'sue arising 'out of Mandarins, to tit
whether gent), Windhester, Esq. had been didy.Olected
to the office of Aldermen of the Wars' of 'Curry, in
Noeember, 1826.
The facts of this case lie in a very small conipass:
It appeared that in the month of November, 1826. on
the death of Christopher Magnay. gsg. an election
of an Alderman for the Ward of Vintry took place:
There were three candidates, Mr. Winchester, Mr.
Crooke, and Mr. Wilde. There was no doubt as
to Mr. Crooke not being entitled to fill the office, as only
three votes were recorded in his favour. A scrutiny
took place at the termination of the election, and the
returning officer stated that there were 26 votes for Mr.
Winchester, and. 23 for Mr. Wilde. The former Gentle•
man was declared, therefore, duly elected. Mr. Wilde,
however, petitioned the Court of Aldermen against the
lection, and the Court decided that the election was
invalid, on the grounds that, on the first day of the
election three poll clerks were employed, and on tle
two others only one, and that the Ward mote was ad-
journed at the conclusion of the election sine die, and that
herefote the scrutiny which afterwards took place.wsis
not a continuation of the Wardmote, as it ought to:haree
been. A second election took place, and Mr. Wilde •
obtained a majority of votes. Mr. Winchester, how.,
ever, consideting his own eliction to be valid, called
upon the Court of Aldermen to swear him into the
office. This the Court having declined to do, Mr. Wi-
n, chester applied to the Court of King's Bench fore writ
of mandamus, commanding the Lord Mayor and the
. Court of Alderman fo swear Mr. Winchester into

the office of Alderman. It was now contended; I n
the pact of the prosecution, that the objections to
the first election were invalid. The Gist was invalid,
as it was by the authotitr of the Lied Mayor that
tv it of the poll clerks wrie discharged, after the
first day, their services having been found not to he
requisite. The second objection, it'iriiilso'eontended,
WAS invalid, under the I I th Geo. I. for khntegnlation of
elections in the City of London. The question being
thus reduced to one of law for the cousideration of the
Judges, it was agreed by the Learned Counsel on both
biJe) to be made a special case of. A verdict was ac-
cordingly taken for the pt osecution, subject to the opinica
of the Court.

THE NORWICH AND LOWESTOPIP NAVIGATION
COMPANY v. THEOSAI.DS.
This was an action brought by the Norwich and
Lowestoff Navigation Company, incorporated lait year
for the purpose of making a ship canal from Norwich
and Lowestoff, against the defendant, for the sum of
501. being the amount of a call of 51. a share 'on his
subscription cf ten shares of a hun. red pounds each,
in that Company. It *neared that the defendant,
after he had subscribed, petitioned Parliament against
the bill, and that his name was, therefore, omitted in
it, in order that the question of Ilia might
be left open for trial, be having since subscribing liter•
ed his intention of being a member of the Company., It
was now contended that the defendant having sub-
scribed for ten shares, and paid a deposit on them, was
liable to all the calls that might be made on the other
subscribers. The defence set up was, that all the de-
fendant thought he was doing when he subscribed was
to become a member in case Parliament thought fit to
incorporate them. Parliament having, on the first ap-
plication, refused to pass the Bill, the defendant thought
himself exempted from further responsibility. The de-
fence, besides, rested on the 50th clause of the Act of
Parliament, which requires that before the provisions of
the Act could be enforced the whole sum of )00,0001.
intended to be expended on the canal, should be sub-
scribed; and it na.l.proved for the defendant that the
whole sum was not subscribed before the call on which
this action was brought was made.
Lord TENTERDEN. taking this last point into consi-
deration, directed the plaintiffs to be nonsuited.
COURT OF COMMON PLEAS, Warrsuarraa, Faa. 19.
Sittings after Hilary Term before Mr. Justice Gasams and a
Common Jury.
DAWSON AND WIPE v. VERNON.
Mr. BUSBY opened the pleadings.
Mr. Sergeant RUSSELL stated that the plaintiff in this'
case was a poor woman, who kept a fruit stall in Theo.
bald's.road, Gray's Inn-road, and her object in bringing
this action, which owing to her poverty, was brought in
forma pauperis, was to obtain an adequate remuneration
from the defendant, who is a livery stable keeper, car-
rying on business in Grosvenor place, for an injury she
had received in consequence of the alleged neglect of
his servant,wbo,on the 29:h of October last,while driving
a horse in a gig-break, overthrew her stall of fruit, and
in so doing knocked her down, arid ii.flicted such severe
injuries on her, that she was confined to her bed for a
fortnight, and to her room a week longer.
Several witnesses were called, w:to proved the ir -
juries received, but one of them, a person named
Davis, who was present when the accident• occurred,
stated, in •cross-examination. That in a conversation
with the plaintiff after her recovery, she told him
she should be satisfied if the defendant would give
her five shillings, upon which he (Davis) said he
would speak to Vie c'efendanr, who he had no ditubt
would give something more. He did accordingly apply
to• the defendant, who desired him to make a much
more considerable remuneration; but when he next saw
she woman, she told him she had got into the hands of
an attorney, whir directed her not to accept of any
thing, as he had heard Mr. Vernon was a person of
property, from whom he could obtain 501. or 601.
Vii:tess subsequently called on the attorney, and prof-
fered a sum in satisfaction of the injury, and a further
sum to defray whatever costs might have been incurred,
but this offer was rejected, and the action accordingly
proceeded.
Mr. SergeintWitos (with whom was Mr.F. KELLY)
contended for the defendant, that there was no proof r.f
negligence on the part of the servant, and that therefore
the present action could not be maintained. It wis,
indeed, an action which ought never to have been
brought, and might most truly be called the action of
the attorney ; for, by the evidence of Davis. it appeared'
that the poor woman would have been satisfied with a
less sum than that which had been so handsomely offerte,
and, in tact, the defendant's behaviour throughout had
been most praiseworthy; for immediately after the acci-
dent he directed a person residing in the neighbourhood
of the plaintiff's dwelliag, to pay every attention to he',
and to see that she wanted none of the necessaries which
her situation might requite, or money to obtain them.
The Learned Sergeant concluded by stating that the
Attorney was the most interested person in the case, as,
should he be so fortunate as to gain the cause, he would
reap a iich harvest in the costs. To the plaintiffs, on the
contrary, it mattered little which way the case might
be decided, so far as costs were considered, for from
the form in which the act;on had been brought they
would hate nothing to pay.
The Jury returned a verdict for the defendant.

4