19 JANUARY 1861, Page 2

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Sir Edmund Head, Governor-General of Canada, was entertained by the Lord Mayor at the Mansion-house on Saturday. The Lord Mayor proposed Sir Edmund's health ; he referred to the recent proofs which Canada had given of affection for this country, and attributed it to the government of Canada by Sir Edmund. In replying, the Governor- General said-

" His lordship has ascribed to me more than belongs to me, or, indeed, to any governor whatsoever. It is not to me, or to any individual, that the attachment of Canada to the mother country, her advance in prosperity, or the growth of her love to England, can be ascribed ; but to the people them- selves, the principles they carry with them, and to which they are attached. I am but the humble representative of her Majesty in that colony ; and it is but little I could do individually to promote the growth and prosperity of the colony. That depended on the people themselves, the institutions under which they lived, and the principles by which they were actuated. My lord, the people of Canada have enjoyed these free institutions. They enjoy a constitution not identical, but similar to that of the mother country ; and with the enjoyment of that constitution has grown their love for England. In this place I may say, with peculiar appropriateness, that there is one feeling strongly impressed on the minds of the people of Canada, and that is, that all true freedom must strike its roots from the bottom—it must have the soil of municipal institutions into which to strike them. We have in Canada an organization of municipal institutions. It has its faults ; but, on the whole, it is successful; and it is felt there, as it is well known in England, that these institutions are the true substratum, the basis on whiph freedom must rest. These institutions now exist not merely in Upper Canada, but in Lower Canada; municipalities are organized, and the feeling is strong that to these municipalities we must look for maintaining the principles on which true freedom rests. I repeat that, in this place, I con- sider it peculiarly apposite that I should allude to that fact, because we all know that London, the first commercial city in the world, is so justly proud of its municipal institutions. Speaking to your lordship as the honoured head of the corporation of this great merchant city, it is but fair and fitting that I should remark that the value of municipal government is understood in the British colonies, and looked to as the safeguard of British liberty."

At the meeting of the Society for the Amendment of the Law, on Monday, Mr. Sergeant Woolrych read a paper, upon the expediency of abolishing the practice of opening biddinga in the Court of Chancery. He said that for more than a century it had been the practice of the comk to direct the sale of an estate, although the actual purchaser might be in existence, and this was denominated "opening biddings." He con- tended that it was peculiar to the Court of Chancery to set aside a bon& fide purchase, after it had been confirmed, on an advance of price being offered; and the consequence was, that, even after the expilation

of eight days, the purchaser was liable be have sinister suggestions made, whereby he might be embarrassed and exposed to expensive legislation. These difficulties tended to throw a shade on the value of Chancery property. An Act of Parliament could remedy the anomalies and short- comings of the Court of Chancery on the subject. An eminent authority said that there ought not to be a re-sale on an advance of price unless there had been some miscarriage in the proceedings, or fraud, or collusion. Lord Eldon bserved that, during the half century he had passed in the Court of Chancery, he had heard all the eminent equity judges lament that the practice of opening biddings had been introduced, adding that he confessed he had himself grave doubts on the subject ; but it was not for him to upset a practice which had been so long established. The Sergeant contended that sales in Chancery, like sales everywhere, should. be regulated by the practices of the world's market. So thought the members, for they resolved upon printing the paper and submitting it to the Lord Chancellor.

The police courts abound with frightful instances of distress in the metropolis. On Saturday, an old man was observed in Spitalfields market, suddenly to stand still and then, as suddenly, drop down. At first, the spectators believed him to be intoxicated, but a divisional sur- geon was consulted at the police office, and he speedily found the poor man had dropped from sheer exhaustion for want of food. At the Worship Street police office, he told his tale to Mr. Knox ; he is eighty- two years of age, but contrived to get a living as a porter, only at pre- sent his employment was stopped. Mr. Knox gave him 10s., and ordered that he should be looked after. Three men from the country were brought before Mr. Norton, at Lambeth, for begging; they stated that they had had no breakfast on Saturday, and were compelled to ask of passers by. Mr. Norton discharged them ; the men stated, they hoped soon to get work if the thaw continued. Alderman Allen continues his exertions at the Guildhall; he gives up five or six hours every day to the relief of the poor, who wait upon him in hundreds, hoping to receive a shilling or two. The same painful scene is enacted at other police offices.

On Wednesday, there was a most distressing scene at the Thames Police Court. Mr. Selfe gave his attention to the female applicants ; Mr. Yardley to unemployed men. At noon, the women began to as- semble, and until three o'olock they continued to increase, when they amounted to 2000. At five o'clock, when Mr. Selfe received them in groups of twenty, there were not less than 3000 women present. Mr. Selfe, the clerks, and the police, vigorously went about the work of distribution, until half-past ten p.m. Mr. Alderman Mechi at the Guildhall, also relieved a large number, and the magistrates at Clerken- well and Worship Street were equally active.

The Lord Mayor, Mr. Alderman Allen, and Mr. Selfe, continue their' exertions on behalf of the poor ; the Lord Mayor and the Police Com- missioner have organized a system of visitation, and great distress has been discovered, which had concealed itself from the public eye.

The Court of Common Council voted 10001. for the relief of the poor,, on Thursday. Mr. Deputy Elliott was the opponent of the proposition ;. he asked, Is there any distress at present ? A relieving officer had told him that there were only twenty-seven chargeable to a union more than in the corresponding week of last year. But the Common Council de- cided that the distress now existing was that which shunned the Poor- law relief, and voted the money.

The general distress is felt by the poor in Greenwich. Last week, an association was formed to collect subscriptions, and distribute the amount in food, fuel, and clothing.

The London and Westminster Bank declared a dividend and bonus of 10 per cent on the last half year, at a meeting on Wednesday. This makes 20 per cent on the year 1860; in 1859 it was 18 per cent. The gross profits of the year, after making provision for doubtful and bad debts, is 153,1121. 14:. 4d., and after payment of dividend and bonus, 18,000/. is carried to next year's account. The surplus fund amounts to 210,125. The bank, last half year, set apart 10,0001. for losses in the leather trade, but it has been found that 50001. will cover the amount. The bank did not discount for Streatfcild and Co.

The Union Bank of London held a meeting on Wednesday ; the Directors reported that nothing further had been recovered on account of Pullinger's frauds, but they express a hope that they will yet be able to do so. The Chancery suit commenced against the Directors for Pullengees deficiency has been amicably settled ; the Bank has paid the costs. A dividend of 12s. per share was agreed to, out of net profits for the last half year, 63,0631. 19s. 8d.

The London Joint-Stock Bank held a meeting, on Thursday, and declared a dividend at the rate of 12i per cent. The Directors have " written off" 60,0001. for losses by the leather houses ; and they "regret that such old customers should have acted so disgracefully." A shareholder offers some criticisms upon the conduct of the Directors in allowing themselves to be deceived. Mr. A. Moore, one of the Board, stated that the bills were drawn for uneven sums, and purported to represent regular transactions. The bank had no means of knowing the numerous sources of discount used by Streatfeild's, and the skilful mode by which Mr. Laurence had contrived that no particular house should have a preponderating account. The Di- rectors were deceived, with many others. It is necessary, in a business like the present, to repose confidence and accommodate largely. The Bank might do a parsimonious business, but the profits would proportionately suffer. To prove the general success of the past management, Mr. Moore proceeded to show that the profits realized in the twenty-three years ending m 1859, were 1,726,0001., of which more than a million and a half have been paid as dividend (including the Income-tax), while a guarantee-fund has been accumulated of 205,1951. The average return to the shareholders in the concluding five years was 221 per cent. In 1860, after providing for the ordinary bad debts, exclusive of the losses by Streatfeild's, the amount realized was nearly 23 per cent. The total lasses in the above twenty- three years were 124,0001.,or about 5435/. a year, being less than 1 per cent on the paid-up capital—a most satisfactary result, considering that the bank is dealing with millions. It was also mentioned that the 121,0001 loss wag originally estimated at 160,0001., 36,000/. having been afterwards re- covered.

The Bank of London, on Thursday, declared a dividend at 5 per cent. It was reported that the business of the Bank continues to progress satisfac- torily, the liabilities and assets showing an increase of 100,000/. over 1859. The profits have been larger than in any previous six months. It has been found necessary to write off a further sum of 86741., making 12,674/. in all, for the losses by the failures in the leather trade. With regard to the

latter, a hope was expressed that, in the next session, some measure will be introduced to check a system characterized as nothing less than swindling.

The City Bank held its half-yearly meeting, on Tuesday, and declared a dividend of 6 per cent. The deficiency of loss by the leather bills amounts to 17,0001., but the prosperity of the bank continues to increase.

The Commercial Bank, on Tuesday, declared a dividend of 8 per cent, showing a steady increase of profit upon former dividends, which were 6 per cent.

The extradition case has passed into anew phase. On Tuesday, Mr. Edwin James, Q.C., moved, in the Queen's Bench, to bring up the body of John Anderson by habeas corpus. The affidavit on which he moved was founded upon the precedent of the Canada case, and it was sworn by Mr. Lewis Alexis Chamerouzow, of No. 37, New Broad Street, the secretary to the British and Foreign Anti-Slavery Society. The affidavit said—" That, 1st, John Anderson, of the city of Toronto, in her Majesty's province of Canada, a British subject domiciled there, now is, as I verily believe, illegally de- tained in the criminal gaol of the said city there against his will, not hav- ing been legally accused, or charged with, or legally tried, or sentenced, of the commission of any crime, or of any offence against or recognized by the laws in force in the said province, or in any other part of her Majesty's do- minions, or not being otherwise liable to be imprisoned, or detained, under or by virtue of any such laws. 2d. I verily believe that, unless a peremp- tory writ of habeas corpus shall immediately issue by this honourable court, the life of the said John Anderson is exposed to the greatest and to imme- diate danger." Mr. James argued that the Crown had the power to issue the writ of habeas corpus to any part of her Majesty's possessions. Canada, originally a part of the continent of America, was colonized some few years before the accession of James I.; but the first instance to be gathered of a charter being granted by the Crown authorizing emigration to Canada was about the thirteenth of James I., and it appeared that originally the whole of that portion of America was called "plantations." Canada belonged to Eng- land until the year 1633, when it was ceded to Frame. It was retaken, how- ever, by England in the year 1759. [Mr. Justice The statute 14 Geo. cap. 83. recites that it was then a part of the British possessions. The Ilth section of that statute declares that the criminal law of Eng- land is to prevail throughout the whole of the colony."] Her Majesty has a right to know what has become of any one of her subjects. By the common law of England, the writ of habeas corpus lay at any part of the Queen's dominions. The first authority which might be cited on that point was Bacon's Abridgment,' Habeas Corpus, letter B, which spoke of the places to which the writ might be granted. It was there laid down as having been held that the writ of habeas corpus lay to Calais, at the time it was subject to the King of England. Up to the time of an Act of Parlia- ment having been passed by the Irish Parliament, the King's writs also lay tolIreland." The Lord Chief Justice—" There is no express case of the writ having been issued to Calais." Mr. James—" Oh, yes ; and a very remarkable case it was. He had a copy of the writ before him. In the reign of Richard the Second, the writ was issued to the Governor of Calais, to bring up the body of Thomas Duke of Gloster. That case was to be found in 'Rymer's Fcedera.' " Mr. Justice Blackburn—"If I remember rightly, the writ was issued by the House of Lords, sitting as a court of justice, and it was but a writ of habeas corpus ad respondendum not sub jiciendum." A large number of authorities were cited from the reports as to writs issued to Berwick, Isle of Man, Jersey, and St. Helena. The judges retired to consider their judnient ; on their return the Lord Chief Justice said that the Court thought the writ ought to issue, but they " were sensible at the same time of the inconvenience that may result from the exercise of such an authority. We feel sensible that it may be thought inconsistent with that higher degree of colonial independence, both legislative and judicial, which has been happily brought into effect in modern times. At the same time, in establishing local legislation and local judicial authority, the legislature of England has not gone so far as expressly to abrogate any jurisdiction which the courts of Westminster Hall might possess with reference to the issue of the writ of habeas corpus. And we find that the existence of the jurisdiction in these court has been asserted from the earliest times, and exercised down to the latest. We have it upon the authority of Lord Coke, of Lord Mansfield, of Blackstone, and of Bacon's Abridgment, that these writs have been issued and are to be issued into all the dominions of the Crown wherever a subject of the Crown is illegally imprisoned. And not only have we this authority upon the dicta of eminent judges and the authority of text-writers, but we have the practical applica- tion, of the doctrine down to modern times. The more remarkable cases are the instances where the writ of habeas corpus was carried into the Isles of Jersey and Man, and to St. Helena. All these are in very modern times. We find it asserted not only as a matter of argument, but carried into effect as a matter of practice, that, even where there is an independent local judicature, the writ of habeas corpus has been issued in those dominions of the Crown. We believe that nothing short of legislative enactment can deprive us of such a power, or warrant us in omitting to carry it into effect when called upon to interfere for the protection of the liberty of the subject. It may be that the Legislature has thought proper to leave a concurrent jurisdiction between this court and the colonial courts, similar to that which, as suggested by Mr. James, exists between the various courts in Westminster Hall, in reference to the writ of habeas corpus. We feel we can only only act upon the authorities that have been brought before us, and that we should not be doing justice if we refused the writ."

Two attorneys, Mr. Towle and Mr. Boodle, quarrelled ; Mr. Towle com- plained that lir. Boodle had used slanderous words against him, and also committed an assault upon him. Tried by a jury, the verdict was for Mr. Boodle as to the slander, and for the plaintiff as to the assault, with one farthing damages. On Saturday, Mr. Towle applied to the Queen's Bench for a new trial, on the ground that the damages were insufficient. The plaintiff had been called "a blackguard," for which he got no damages ; and had received a violent blow, which swelled his lip and closed his eye ; he did not resist; he only said, with true professional spirit, to the de- fendant, "If I were so disposed, I could smash you ; but I will not, I will bring an action against you ;" and this he did with ambiguous effect. The formula of the late Mr. Justice Williams had been literally carried out; "a blackguard, a blow, and a farthing damages—all the world over." The Court refused a rule for a new trial ; it was a case for a jury, and a jury had decided it.

On Friday week, the Court of Queen's Bench was applied to by the father of a boy, fourteen years of age, who had resided with his aunt since infancy, to issue a habeas corpus, that he might be restored to the father; but the Court, bearing in mind the long time the boy had resided with his aunt, declined to do more than grant a rule nisi, calling upon the aunt and her husband to show cause at chambers.

Mr. Edwin James moved, on the same day, in the Common Pleas, for a new trial in the action brought by Miss Kempe against the Vice-Chancellor of Cambridge University for false imprisonment; but the Court defers giving judgment until the other side either makes or omits to make appli- cation. Sir Fitzroy Kelly moved, on Monday, in the Court of Common Pleas, on behalf of the Vice-Chancellor, to enter the verdict for the defendant ; the contention of the defendant is, that he is not liable to an action for any- thing done by him in the discharge of his duties as Judge of a Court of Record. A long series of decisions were quoted to support this view. The Court granted a rule to show cause ; and probably the whole case will go before a Court of Error.

Mr. Commissioner Law made his appearance in person before the Lord Chancellor on Monday, and asked that a writ of prohibition, made by Lord Chancellor Cranworth, might be set aside by motion. The writ, he stated, had obstructed the performance of his official duty for a period of four years. Monday is fixed for the hearing.

The evidence in the case of Streatfeild and Co. was concluded on Friday week, and an adjournment was ordered till the 21st instant, for the purpose of hearing the addrestes of the respective advocates.

Lewis Robert Poole, the bankrupt convicted of felony, was found guilty of perjury on Friday week. Sentence was deferred.

On Saturday, Ventris, the clerk to Quilter, Ball, and Jay, the accountants, was tried and found guilty of perjury. Another man, William Belling- ham, was also found guilty of the same offence.

Thomas Chapman was tried and found guilty of wilful and corrupt per- jury, committed before Mr. Commissioner Holroyd, in Poole's bankruptcy, on Monday. All the prisoners convicted in the leather failures were placed at the bar to receive sentence. Poole, the bankrupt, received a sentence of six years' penal servitude, upon the separate charges of felony and perjury ; Chapman and Ventris, four years' penal servitude ; Bellingham, eighteen months' hard labour. Mr. Justice Blackburn ordered the costa of the pro- secution to be allowed on the most liberal scale.

Colonel Tolland, R.E., Government Inspector of the Railway Department of the Board of Trade, investigated, on Friday week, the circumstances con- nected with the fatal accident at the Chalk Farm tunnel on the 4th of Ja- nuary. The statement that the train came in contact with something in the tunnel is entirely negatived. It is believed that the accident resulted from the rigidity of the metals forming the permanent way from the opera- tion of the frost, holding them as in a vice, and thus depriving them of their ordinary elasticity on a train passing over them ; that this circumstance caused the first of the last two carriages preceding the break-van to julep and get off the rails, and the wheels, coming in contact with the cross sec- tions of the line, caused the draw-bar and coupling-irons to break, and hence the accident.

The Jury, at the inquest held on the body of Smith, killed by a lion at Astley's Theatre on Monday week, returned a verdict of "Accidental death," at the same time stating their opinion that the cage in which the lions were confined was not of sufficient strength for the safe keeping of such animals. The Coroner said the Jury, by their verdict, had entirety absolved Mr. Crockett, or the proprietors of the animals, of any criminal neglect, but he would advise them that a recurrence of such a catastrophe would involve a charge of manslaughter.

A silver medal, with an appropriate inscription on either side, and two guineas, were presented to John Tordoff, of the Surrey Chapel Fire Escape Station, on Tuesday, for his meritorious and daring behaviour on the night of the 9th ultimo, on which occasion he rescued nine persons from impend- ing danger.

During this week the weather in the Parks has permitted the skaters to pursue their sport. Tents and fires were to be seen on all sides, and the luxury of a "devilled" chop, was even to be had on the ice. Royal salutes, bellringing, singing, skating, sliding, and dancing, formed the programme of proceedings. The "roughs " joined in the proceedings, and perpetrated much mischief to the heads of the skaters. The ice on Thursday was thir- teen inches thick in the Serpentine.