26 DECEMBER 1846, Page 2

ZEbt ffietropolis.

Monday being St. Thomas's Day, the election of Common Councilmen for the ensuing year was opened in the various Wards. In most of them the representatives of last year were returned; but there were some few contests. Last year, the all-absorbing topic at the elections 'was the Corn-law question: this year, the dispute between the Court of Al- dermen and Common Council on the Freemen's Qualification Bill consti- tuted the subject of debate. In almost every Wardmote, the presiding Alderman had to listen to a lecture; and in one or two instances the Al- dermen objected to put resolutions relating to the difference, placed in their hands for the purpose.

The polling in the various wards closed on Wednesday. In the twenty- six wards collectively, only twelve new members were elected.

A special Court of Aldermen was held on Saturday, to consider the communication from the Court of Common Council respecting the building of a new City prison. The set business was, however, quite subordinate to the pending difference between the two Courts; and several Aldermen spoke with great warmth on the line of conduct adopted by the members of the Court of Common Council in appointing a committee to resist the Aldermen. When the Aldermanic displeasure had found vent, the Court came to the decision of building a new gaol beyond the limits of the City, but within five miles of it.

A statement in the morning papers, which we abridge, sets forth the grounds of the existing disagreement between the Court of Aldermen and the Court of Common Council— For some time past there has been an increasing party in the Corporation de- sirous of admitting all the inhabitant householders to the freedom without line. This has been much discussed in Committee; those who are for throwing open the Corporation to all the resident inhabitants urging, that it is bard to enforce the fine from the retail dealers and allow the wholesale trader and the merchant cr banker to go free: and at length a recommendation was carried in the Free- doms Committee for abolishing the fine and enrolling all inhabitant householders. When the late Lord Mayor (Johnson) and the Aldermen paid their visit of conservancy to Oxford, the Common Council objected to the expenditure, and in fact refused to pay the accounts, on the ground that only seven years had elapsed since the previous visit, whereas it had not been customary to incur this expen- sive outlay oftener than once in fourteen years. Eventually, however, the Com- mon Council paid the money; having ascertained that the late Lord Mayor had given the order, issued the invitations, and incurred the responsibilities, before any objection had been raised to the visit. The Common Council then prepared a bill to limit this description of disburse- ment and the granting of pensions, not intending to interfere with those disburse- manta which fell under their censure as Magistrates. The Aldermen took alarm at this step; and at the last Court of Common Council the Lord Mayor refused to put the question for the third reading of a bill which had been read a first and second time, upon the ground that the Court of Common Council had no legisla- tive power to originate laws. It is urged by the Common Council, that if this be the case, all the laws which have been made by them for ages have been originated in error; that under the guidance of the Recorder, the Court of Aldermen have slept upon their rights; and that under the guidance of the same Recorder, the Court of Common Council have been allowed to pass laws which, according to his present view, they had no power to pass. The Lord Mayor, it is observed, has raised the question in a most decided manner: he has refused to put the question of the third reading of the bill; and if the Common Council submit to such an interference, they cannot hereafter discuss any question which the Lord Mayor for the time being may think ought not to be discussed.

The Committee of the whole Court of Common Council met on Satur- day, and passed strong resolutions expressing their determination to assert the right of the citizens to control through the responsible members of the body the expenditure of the City cash.

A meeting of bankers, merchants, and electors of the City of London, in the Liberal interest, was held at the London Tavern, on the 18th, for the purpose of forming an association to protect the franchise and maintain the ascendancy of Liberal principles. Mr. John Abel Smith, M.P., occu- pied the chair. Various resolutions were adopted; among them, one con- stituting a society to be called the Liberal Registration Association, and nominating an imposing array of committee-men for the year 1847.

It is understood that the adjourned hearing of the case relative to the election of Benchers at the Inner Temple took place on the 30th November and 2d December last. Eleven Judges were present. Sir Thomas Wilde had formerly been heard for the appellant, Mr. Hayward; Mr. Sergeant Talfourd and Mr. Merrivale appeared far him on these two occasions. The ease of the Benchers was conducted by Sir Frederick Thesiger. The arguments were confined to the jurisdiction and validity of the mode of election by a ballot, in which a single black ball might exclude. The Judges took time to deliberate; and have since delivered their unanimous decision, to the effect that an unlimited discretion is vested in the Benchers Is to the choice of new members, but that the mode of election is unrea- sonable; and the Judges recommend the adoption of a more ,,,,fisfin-tory Mode in future.--Morning Chronicle.

The Society of Apothecaries have lately submitted a series of questions to the Law-officers of the Crown as to the mode of proceeding against un- qualified practitioners; the successful indictment of an unqualified attorney suggesting a similar process against unqualified doctors and surgeons. From the answers received, there appears to be no doubt that henceforward the practice will be changed-

" Instead of proceeding for the recovery of penalties by a civil action, which in the case of a country practitioner could only be tried at the Spring and Summer Assizes, an indictment may be preferred at the Quarter-sessions and at the Assizes also; and, instead of the power of proceeding against unqualified prac- titioners being restricted, as in the case of the specific penalty imposed by the statute, to the Society of Apothecaries, it will be competent for any person to pre- fer an indictment who may be disposed to do so."

A conviction wider an indictment allows of no escape through the In- solvent Court; so that parties punished in this way by fine and imprison- ment will have to undergo the full measure of punishment awarded. The Apothecaries announce their desire to render every assistance to private parties wishing to prosecute persons who practise illegally.

At a meeting of the Health of Towns Association, on Wednesday,— Lard Ashley presiding,—Dr. Southwood Smith moved the appointment of a Select Committee to consider and report upon the provisions of Mr. Mac- kinnon's bill for the prevention of interment in large towns; and he laid before the meeting acorrespondene.e between himself and Mr. Daniel Smith, a surgeon of Miuchinhampton, developing the cause of an epidemic fever which had recently ravaged that town-

Mine.hinhampton, containing about 800 inhabitants, is built on a considerable elevation, has good natural drainage, and has till within the last two years been pro- verbial for its healthiness. In 1844 many asses of fever occurred, having an uni- form typhoid character. There were fewer in 1845; but within the last two months there have been upwards of 150, causing the greatest possible consterna- tion among the residents. In 1843, the church, about five hundred years old, was rebuilt; a great portion of the churchyard was lowered and removed; many bodies being reinterred. An immense quantity of the earth was used as manure on pas- ture-Land close to the town; but a large bank of it (estimated at 500 loads) re- mains within fifty yards of the town. Some of the earth removed was of an ex- ceedingly dark colour. The street and rectory, both adjoining this mound, filet suffered from the ravages of the fever. Ignorance on sanatory matters appears to have prevented the inhabitants, and among them the Rector, from connecting the visitation with the presence of the noxious earth: indeed, the town is spli i

t nto two parties on the question. The motion was agreed to unanimously; and a copy of the correspond ence was ordered to be forwarded to Mr. Chadwick.

Westminster Bridge is again open not only for foot-passengers, but for car- riages of all descriptions; and its general appearance is very much improved. The whole of the clumsy balustrades and alcoves have been removed, and a parapet of wood about the height of that of Blackfriar's Bridge is substi- tuted. The foot-way has been widened, and the foot-way and road-way are now nearly on ales-el with each other.

A special general meeting of the Charing Cross Bridge Company was held on Monday, to consider the project for the erection of a new bridge from Whitehall Place to the opposite side of the Thames. Mr. William Hawes presided. After some speaking, resolutions declared that a new free bridge at a distance of only thirty yards from the Charing Cross [Hungerford] Bridge would do great injury to the proprietors of the sus- pension-bridge, and authorizing the directors to oppose the intended ap- plication to Parliament.

"A Surveyor of Pavements" points out an anomaly in the present state of the law. Under the Metropolitan Buildings Act, projections are not allowed for shop-fronts, and persons who want projecting fronts are required to put the houses back But Michael Angelo Taylor's Act, which is still unrepealed, empowers the surveyors of pavements to grant leave for such projections according to the width of the streets.

A number of cabs began plying on Tuesday at the reduced fare of six pence a mile, which was announced by placards.

The late Dr. Penfold, Rector of Trinity Church, New Road, has left by his will the sum of 1,0001. to the Marylebone Almshouses, which were es- tablished for the benefit of decayed parishioners.

In the Vice-Chancellor's Court, on Tuesday, proceedings "in the matter of North" came on before Vice-Chancellor Knight Bruce. The case involved a contest for the custody of infants. Mrs. Dudley North, the widow of Lieutenant Dudley North, had been for some time living at Hastings. Mrs. Wilson, the mother of Lieutenant North, and her daughter' Miss Arabe North, also lived in the same town. Lieutenant North had left four children, the eldest only ten years of age. The eldest, both in her father's lifetime and since, lived with Mrs. Wilson, and was educated by her and Miss North. The other three children lived with their mother; but were instructed in the Bible and the Church Cate- chism as well as in other things by Miss North. Lieutenant North had married in New South Wales. He died in barely solvent circumstances and intestate, in 1845. A few months after his death, his widow became a Roman Catholic; antl upon learning this fact, Miss North clandestinely removed the children from Hastings; three being sent to her brother's in Norfolk, and the eldest to Dr.

i Rigliy's, n Spring Gardens.

Mr. Anstey, counsel for Mrs. North, had moved for a writ of habeas corpus to bring up the children; and in the mean time, the infants presented a petit:on by their next friend for a reference to the Master to appoint proper persons as guar- dians. The case was argued at great length. It was contended on behalf of Mrs. North, that by the common law of England the mother is entitled to the custody of her children within the age of twenty- one, or within the age of nurture; there being no imputation on her character. The father had done no act to deprive his widow, the mother, of that right; he had appointed no testamentary guardian. If the grandmother or the aunt were, as Mr. Anstey admitted they were in every respect proper persons to have the custody of the children, still by abducting the children they had forfeited their right to have custody of them. It was farther urged on bthaff of the mother, that the late Lieutenant North. was of "latitudinarian tenets," though at the time of his death inclining to the Church of Rome. Mr. Lovat, as counsel for Mrs. Wilson, contended that Captain North was. Protestant, and so was the widow until lately; and that all the children, with their parents, had habitually attended a place of Protestant worship. It was ad- mitted that the children had been removed, as the other side complained; the grandmother and aunt considering that, as the mother had become a Roomer Catholic, and associated with persons and priests of that persuasion, she was n a proper person to have the custody of the children: the mother was desirous having their custody., and, it was assumed, of bringing them up in the Romt Catholic faith; while the grandmother was desirous of having the care and en tody of them, and bringing them up as Protestants; and therefore the grandmoth and aunt were desirous of being appointed guardians, the former being willing, her own expense, to maintain and educate the children if she and the aunt, either of them, should be appointed guardians or guardian, and be allowed to ha the custody of the children, and bring them up m the Protestant faith. It z also alleged, that the mother had no sufficient means of maintaining and ethical

the children.

The Court considered that the usual reference must be made to the Masts appoint a guardian. Then came the question as to the interim custody of children. Unless this case should be varied by subsequent evidence," said Vice-Chancellor, "I think it is the duty of this Court to direct these Lildre

be brought up as members of the Church of England. That, it may be said, does not dispose of the question of the interim custody; which may reasonably be in- trusted to Mrs. North. Recollecting, however, that Mrs. North (of whom I do not wish to be considered as speaking otherwise than with the most perfect re- spect) comes before the Court under such circumstances that it is impossible not to see that she is a recent convert, I cannot but fear, that with the kindest and best motives on her part, the children may receive in her custody an inclination towards that religion in width it is the duty of the Court to see that they should not be educated. I cannot, therefore, give her the interim custody of the infants." The Vice-Chaucellor accordingly directed that the children should be consigned to the custody if Mrs. Wilson and Miss North; and for that purpose be removed to Hastings; bP.s. North having liberty to visit them for two hours every day, in the presence of one of the above-named persona; but noreligious topics to be introduced rate ourversation.

On Wednesday, an application was made to the Lord Chancellor on behalf of Mrs. North, to discharge the Vice-Chancellor's order. After hearing argu- ments on both sides, the Lord Chancellor expressed a strong opinion that the order could not be supported, inasmuch as no return had been made to the habeas. ills Lordship thought that a Court of Common Law would not suspend the re- turn to a writ of habeas because a petition of this nature had been presented to a Court of Equity. An arrangement was ultimately made between the parties, with the assent of the mother, that she should have unlimited access to her chil- dren during the holydays; the argument to stand over till the first day of next taxa.

At the Excise Court, on Tuesday, John Harris, of 180 Waterloo Road, the *ce where a large seizure of illicit spirits, stills, &c., was recently made by the Excise-officers, was fined 6001., and the whole of the seizure condemned.

At the Thames Police-office, on Wednesday, Captain Adderley Wilcocks Sleigh, formerly of the British Auxiliary Legion in Spain, was held to bail to answer a charge of having infringed the Foreign Enlistment Act. The evidence of George Wernham and Thomas Wings went to prove that Captain Sleigh had engaged them to proceed to Ecuador as " emigrants," with an understanding that on their arrival they were to bear arms under General Flores. Wernham said that he had been regularly enlisted. Captain Sleigh remarked, towards the close of the pro- ceedings, that he was not aware of having done anything unbecoming the charac- ter of a gentleman: he was anxious to go out with General Flores's expedition, "to keep his hand in."

On the following day' Captain Sleigh attended in discharge of his bail; and the inquiry was continua Several new witnesses confirmed the facts previously de- posed to by Wernham and Rilings; and Captain Sleigh was again held to bail. While the recognizances were in progress, a Sheriff's-officer attempted to arrest Captain Sleigh for debt; but the Magistrate would not allow the arrest to take place in court. Accordingly, by a dexterous manoeuvre, the Captain got off through a back-door.

A lengthy investigation of a charge against Francis Olifiero, of fraudulently ob- taining from Mr. Lumit, a jeweller, diamond brooches and rings of the value of 5001., was brought to a close at the Marlborough Street Police-office on Saturday. The accused got possession of the jewellery on the plea that he could sell it to the Queen and Prince Albert: the Prince, he said, was in the habit of employing him to work at Buckingham Palace, and treated him with great familiarity. When he had obtained the valuables, however, he pawned them. The man had ready- money transactions with Mr. Linnit previously to this fraud. He was committed for trial.

A shocking do' covery was made on Monday morning, at Waterloo Dock, on the Surrey side of Waterloo Bridge. Two boys, who get a living by searching for articles in the mud on the banks of the river, observed what they thought was the body of a man half-buried in the sludge: they obtained assistance, and a corpse was taken out: it was then found to be that of a woman with a child fastened to her waist by a cord. The woman appeared to be about thirty years of age; the child, a male infant of a twelvemonth. There were no bruins on tba bodies; they were poorly clothed; the female was without a wedding-ring; there was nothing on her person by which she could be traced. On Tuesday, however, the Police obtained information that the woman's name was Hannah Reid, and that the child was hers. The unfortunate woman had been a servant, Lad been seduced, and been wandering about in a state of misery.

An inquest was held on Wednesday. A letter was produced, written by the deceased to her brother, complaining of harsh treatment by her relations, and threatening to destroy herself and her child. It appeared that for some time past the woman had been almost entirely dependent for support on a poor couple who had given her a refuge. The Jury's verdict was, that Hannah Reid had wilfully murdered William Reid and destroyed her own life, she being at the time of ansound mind.