1 MARCH 1851, Page 4

JE Ytirtrninlig.

Hearty demonstrations against the Window-tax and the Income-tax have been made by some very numerous parish meetings in the Metro- polis,—in St: Pancras, St. Luke, and St. Andrew Holborn, and in West- minster and Southwark. At the meeting in St. Pancras, Lord Duncan, Sir Benjamin Hall, Mr. Jacob Bell, and Lord Dudley Stuart, were pre- sent, and accelerated, by joining, the movement towards such a strong ex- pression of feeling as it might be hoped would somewhat influence the succeeding Ministry. At the meeting in St. Luke, Mr. Wakley fanned the flame by declamation against extravagant government by incapable aristocrats and lordlings fitter to make men-milliners than to be the governors of a nation. In Westminster, Mr. Wakley again appeared, as a constituent looking sharply after his representatives ; promising to work night and day if it should be necessary in returning the Members for that constituency free from a farthing of expense. In Southwark, Sir William 3lolesworth appeared, and incurred some hustings unpopularity by the frank avowal of opinions on taxation' not quite in harmony with the mo- mentary phrensy to be rid of the Window-tax and Income-tax : he avowed the rational belief that the Income-tax cannot at present be spared.

A decision was given by the Court of Queen's Bench, sitting in common bench, on Saturday, which Boards of Guardians throughout the country will deem important—a decision settling the corelative powers of such boards, and of the Poor-law Commission itself, on the appointment of the paid officers of the loral boards. The question has been raised by the united parishes of St. Giles-in-the-Fields and St. George Bloomsbury, on the 66th and 68th sections of the regulations issued by the Poor-law Commission under the Poor-law Amendment Act. Mr. Justice Coleridge thus stated the law. Very soon after the passing of the general Poor-law Amendment Act, this Court considered whether it was applicable, and to what extent, to parishes already governed by local acts. The case then decided, that of St. Pancras parish, gave the principle on which the Court now proceeds. For the purpose of uniformity of relief of the poor throughout England, the authorities appointed under local acts were subordinated to the Poor-law Commissioners. But still the Commissioners had no power to put aside or alter the relations, inter se, of the local authorities. These might be guided or controlled, but the manage- ment of the poor of their parishes could not be taken away from them. Now the Court is of opinion that the 66th and 68th sections of the Poor-law Com- missioners' regulations were beyond the powers of the Commissioners : for under them the Vestrymen must appoint against their own judgment, if the Poor-law Board require them to do so ; whereas, by act of Parliament, the right to appoint, suspend, and remove these officers, is declared to be in the Vestry. Some articles of the regulations are and sonic are not in conflict with the local act, and to the extent of that conflict the articles are bad.

The Court of Queen's Bench, on Saturday, decided the question between parishes and railway companies, of how railway property is to be rated to the maintenance of the poor—whether upon the "earnings in the particular parish" principle, or the "gross profits and mileage" principle. The ques- tin has hitherto been avoided by mutual concessions and agreements ; but as in recent cases the Courts of Quarter-Sessions have decided against the

gross profits and mileage" principle, advocated by the parhes, those bodies have brou,ght the matter before the higher courts. Tio the companies it is immaterial which mode of estimating the rate is adopted, as ultimately the particular claims of the parishes would assume that relation to each other which would bring to an approximate equality under either system the aggregate amount which they may appropriate ; but to the indivi- dual parishes the question is important, as the relative claims of each parish will vary according to the principle adopted. The Court of Queen's Bench declares that there is no doubt about the law. The ease of railways is not distinguished from that of canals. In relation to canals, it was laid down in 1827, and the decisions have been remarkably di Ainet and uniform ever since, that the parish-rate is to be "estimated on the net annual value of the property rated." The rate is therefore not to be made by taking the gross earnings of the line, and then apportioning to the parish the share proportioned to the mileage of the railway in that parish, but upon the earnings of the railway "in that parish." Those earnings are the "tolls" vrhich the company might charge as owners of the line for the use of that part of the line which is in that parish, the rent which it might gain for its stationhouses in that parish if it let them, &c. ; and not the rates which the company charges as carriers, &c. for the use of its engines, carriages, and other " stock in trade." In the application of this rule, the Justices at Quarter-Sessions are to determine according to their knowledge of the facts. The law regulates the companies in the mode of keeping their accounts, so that all the information necessary to the parishes is easy to be furnished, and if the companies refuse information they can be compelled to furnish it; but if the parties interested—the parishes and the companies—deal frankly with each other, there need be no difficulty before the Justices. The com- panies are entitled to a yearly deduction for keeping their line in permanent repair, if they annually reserve any fund for that purpose ; but if they ac- cumulate no yearly fund for such outlay, the unapportioned burden of that outlay will have to be borne by the proprietors for the time being when it is made, however unjust that may be to those proprietors ; as the Court pos- sesses no means of equitably intervening between the present and the future shareholders.

Another case of libel was tried by the Court of Queen's Bench on Satur- day,—that of Weaver, a Lieutenant in the Army, versus Smith, one of the registered proprietors of the Daily News; and, as last week in the case of the Times, the defendant was virtually successful, at the cost of his own at- torney's bill. On the 28th October last, the Daily News abstracted from a weekly paper an account, headed "Delicate Investigation," of the proceed- ings in the Thames Police Court on the application of one Miss Courteney for a summons against Lieutenant Weaver, to compel him to restore some valuable studs which he detained from her. Miss Courteney alleged that Lieutenant Weaver had presented the studs to her, but afterwards, when she lent them to him, she could not get them back again. The acquaintance be- tween Mr. Weaver and Miss Courteney commenced at a public-house ball, and seems to have assumed a very intimate shape. The report of the proceedings at the Police Court was such that any person reading it would have formed "an indifferent opinion of Lieutenant Weaver." On the appearance of the report, an attorney wrote to the proprietors of the Daily News, and, without any request for rectification or reparation, de- manded information of the names of the parties to be sued for libel : the pro- prietors of the paper requested to know what had been wrong. in the report, as they were willing to correct error • but this offer was rejected, and the action was brought. Mr. Sergeant Winch's, for the plaintiff, contended that the whole account in the Daily News was a fabrication. The Solicitor-Gene- ral, for the defendant, contended that it was a bone. fide report, though per- haps rendered slightly piquant : he called the reporter and other witnesses, to prove that the report was a fair account of what occurred in the open court of justice. Sergeant Wilkins said, his client did not want a shilling of damages for his own pocket, but only such a declaration as would reinstate him in the opinion of his brother officers: if the other side would give this admission and pay the costs, he would feel that his high character was main- tained. The Solicitor-General replied, that the action was an attorney's ac- tion, brought only for the costs ; he rejected the offer.

In summing up, Lord Campbell very popularly explained the law appli- cable to such cases. The whole question was, whether the publication com- plained of was a fair account of the proceedings in the Thames Police Court.

Although the account reflect upon any party whose name is implicated in it, there can be no doubt that if it be a fair account the law will justify it ; for it is of the last importance that the public should be furnished with fair accounts of proceedings which take place in courts of justice, and the benefit infinitely overbalances the inconvenience. It is not necessary that it should be a report of all that took place ; for if that condition were imposed,. the liberty of publishing reports of proceedings in courts of justice would be illu- sory and useless, because it is not possible that all that takes place on any trial should be put into print. With reference to the very eloquent speech from my brother Wilkins, if it should be merely said in the report of this case tomorrow morning, that 'Sergeant Wilkins eloquently replied,' it would not at all follow from that that the account was an unfair one; and if it were merely said that 'Lord Campbell summed up, and the Jury retired and found a verdict,' that would not necessarily show that the account was an unfair one. But if it be a garbled account—if anything be omitted that ought to have been stated, or, much more, if anything be introduced that did not take place—then it is libellous,. and the law will punish it : the law Would consider it a crime if there were an indictment preferred for the publication, and the law will give redress to the individual whose character is thus injured." The editor is not answerable for the truth of the charges made, but only for the truth of his report, as a report of the charges. It will be no justification to the defendant that this paragraph was copied into the _Daily News from another newspaper. It might perhaps go in mitigation of damages, but it is no justification; for there would be no safety to character if it were a justification for one newspaper to copy a libel from another. If you think this is a fair report of the proceeding at the Thames Police Court between Lieutenant Weaver and Miss Courteney, you will find a verdict for the de- fendant: if you think it is not so, you will find a verdict for the plaintiff, with such damages as you think the case requires."

The Jury retired to consider their verdict : after two hours, they sent to ask if one farthing damages would carry costs ? Lord Campbell had them brought back, and stated to them, that although in his opinion he saw no reason why he should not answer them, still his learned brethren had con- sidered that no answer should be given to that question : the Jury must again retire. They shortly returned with a verdict for the plaintiff—da- mages, one farthing. Lord Campbell—" I will now tell you, gentlemen, that the plaintiff will have no costs." Juror—"Thank you, my Lord ; that is what we wished."

In the Bankruptcy Court, on Saturday, Commissioner Goulbum gave judg- ment on the application for his certificate of Thomas Nash, the active part- ner in the late Reigate and Dorking Bank. He considered the case of Mr. Nash, who is seventy years of age, is much more culpable than that of Mr. Neale, who was upwards of eighty years of age. Mr. l'aeale was the sleeping partner ; when he discovered the state of the bank, he instantly insisted on its stopping payment, before the gentry its customers should have paid in their quarterly dividends and rents ; and at the time of stoppin,,re the bank was his debtor. But Mr. Nash, as the active partner, was perfectly aware of the insolvent state of the bank ; he was cognizant of defalcations by which it had suffered ; and he himself was debtor to the bank on non-banking se- curity for 17,0001. The 17,000/. has, however, been paid by the sons of Mr. Nash ; and seventy creditors of the bank have signed a memorial expressing their sense of his high character and their sympathy with his misfortune ; while no creditor opposes. The Court felt bound to mark its sense that though there has been no fraudulent preference or dishonourable conduct, the failure "did not arise from unavoidable losses and misfortunes." The certificate must be suspended for three months from the 27th November last, and then be only of the "third class."

William Strange, one of the defendants in the suit by Prince Albert in respect of the _piracy of the Royal etchings, appeared on his last examination in the Bankruptcy Court, before Commissioner Fonblanque, on Saturday. His answers were " exceedingly vague and reluctant." In Fe- bruary 1849, at a time when it must have appeared quite clear to him that

duction of 25 per cent ; and then, instead of paying any of his debts, he put 500/. of the money in his pocket, and went abroad for a long time, till he had but a few pounds left. On the ground that the transaction with the son was unaccounted for, and unvouched to the extent of one shilling, Commis- sioner Fonblanque adjourned the evamination sine die.

The case of the lady who claims to have been the wife of Lord Hunting- tower by a marriage m Scotland, and who now ineffectually asks from the uncle of her husband, and from the mother of her husband, Lady Dysart, a maintenance for herself and her three children, was again brought be- fore Mr. Norton, at the Lambeth Police Court, on Saturday. Mr. Cuff, a clergyman of the Established Church, appeared with the lady, and presented a memorial of her ease, reasserting its main points, and meeting some charges that have been made against her. Mr. Cuff stated that he is satis- fied that the charges are unfounded slanders ; that witnesses are ready to prove the fact of " domestication" in Scotland of Lord Iluntingtower and the lady, and his subsequent admission by letter of the conjugal rela- tion. Mr. Norton read the memorial, and examined the lady and Mr. Cuff, and said—" It is a very distressing case. I cannot help thinking that the better way would be to lay the whole of the letters before some mem- ber of his Lordship's family. My suggestion should be, that all the letters should be examined in order that the best legal opinion should be obtained upon the ease. If that opinion be against the validity of the marriage, then something should be allowed you in charity ; if it be a legal marriage, then that you should be treated with consideration. All I can do is to afford you a little trifling relief from the poor-box ; and I cannot conceive that the funds can be better bestowed, from what I have been told about you." Mr. Cuff stated, that he had traced the career of the person who stood beside him " from the time of her living as companion to a lady up to the present moment ; he has satisfied himself that she is a very well-disposed and well- conducted young woman, and that there is not the slightest ground for char- ging her with impropriety of conduct." Two sovereigns were given to the lady from the poor-box, and the kindly bystanders added some silver.

At an inquest held before Mr. Carter, in Rotherhithe, on Wednesday, the wholesale shovelling of paupers from Ireland into England was again brought to light. The inquest was held on the body of an infant that died of cold and exposure on the voyage. In the steamer by which it came, the Pelican, were 750 deck passengers, besides cattle; the fare was 28. ahead; the voyage lasted three days and three nights, and the passengers had no shelter from rain and wind. The verdict of the Jury described the facts, and called for interference with this vicious mode of emigration.

Dear, a plasterer of Finsbury., has died of a hurt inflicted by his wife in a moment of passion. The couple were sitting at supper ; their infant cried, and Dear slapped it on the head ; the mother seized a fork and threw or thrust it at the man, wounding the back of his hand ; an abscess formed, fever followed, and he died. A Coroner's Jury have given a verdict of "Manslaughter" against the woman.

A boy has died from eating beetle-wafers, which had been swept out of an oil-shop, and were picked up and eaten by a number of children, all of whom were seized with illness. The wafers were poisoned with red-lead.

A child under seven years of age, daughter of a Policeman in Marylebone, has died from drinking gin administered by a female drunkard, the Police- man's neighbour.