Star. — London, England, 1816-10-31 00:00:00

That f itAmr. . „i i t a nl g ht, a dinner unitginnitt the Maidt i a „, * hcaptiration of • Pontefract, at the Star to se'Al Sir Jody Brno and Staff, and the bfifdeis of do lsii: regime 't • Dr4goons,quartered at that town, -- firrosci impr —The lien• ROSERT WARD. M. r ci ef k of the Ordnance, accompanied by Lieutenant., 1 Frozav Room, principal Ordnance Store; in Ireland, is now on a tour of inspection of MMetalbranches of the Ordnance Department in' The object of the tour is to acquire' - may guide Government in mea and economy. The military , Ordnance Establishment di' Inued ; and the building is to the Staff of the Watdd.' COURT-MARTIAL. first day's proceedings on Monday; thought it right to defer publishing any trial was finished. IND DAY, OCTODIR 28. , according to adjournment, for the .aing the evidence in support of the Lieutenant RODIRTSON• an army accoutrement-maker, being lone' MORLAND, stated, that some Lieutenant Robertson had ordered a meats of him, for which ready money Two months after payment rau instead of cash, the appointments with £5 as a compensation for the arrangement Mr. Soloman expressed' Up•in cross-eximination, it appear- Robertson bad discharged all the .aman had against him in an ho- Colonel Morland had called upon inquiries with regard to this suit of 'jell had been thus returned, and sti any objection, if called upon, to tom of the case ? DOB ADYOCATB then informed the the evidence for the prosecution was Lieutenant Robertson, being c'4ll - expressed himself as not 1, and wished his own witnesses to before he made it. This, however, was but the Court was adjoinned at until tomorrow, in order to give sobertson time to prepare for it. -map DAY, ()TOZER 29. Itenant Robertson entered upon his le commenced by stating, that he 1-twenty years in the service, with ,subjected to reproach till placed under $ the prosecutor, Colonel Morland.— 'ad always treated him with mark , a manner which' not only deprive& iation of his brother Officers, but all the respect and authority which ir him to maintain among the pri ic were true, as was charged, that skill as a cavalry officer. the cause Mond Morland 'had studiously de every opportonity of practice. This sort-Martial to which he had been milar offence, and he could only ,ute to spirit of persecution that aimed at 4 min, which must follow in the present embarrnsu lel situation al his atifaira,jl_l2e. Went Ohrtillas.4. his regiment, to loie the aiiioritit • 'WI attviteh, W ith rega rdtoparticular omissions of duty In bet spot .. wing in his dress appointusenu oti one or two occasions, he should be able to establish the fact of his 'illness at those periods, nod of ihe ;exertion; he had made to procure du necessary equip. Meg! iii.dot time. He could thew also that he had .thiti a sufficient balance is the Paymaster's hands to 'discharge .the tradesmen's oecouot for them. He tasted that that Honourable Court would not con dos Lim es unfit longer to serve in the regiment, Tao* because he was not rich, nor because he had is counn.,n with all his breitber Officers iometimes wed in judgment, and had not always appeared as evert as more frequent practice might have made lim. i• Colonel Mowratonzacr was the principal witness Uea aped for the defence, but his evidence vr.sa nearly the same as on his former ezami. answer to one or two questions from the lied, that it was his candid opinion that And treated Lieutenant Robertson with degree of severity than he would have Used • Officers in similar cases. Lieutenant not a good cavalryofficer in the field; mounted or dismounted, was always to nis duty. He knew nothing what. is cimracter and conduct as an Officer ,o since the last Court Martial, which as setting at rest whatever had taken adjourned till eleven o'clock to4sorrow FOURTH "DM OCTOSIR SO. IRLAND was this day heard in reply to and contended, that as Lieut. Robertson irse to recrimination, it was necessary ite those circumstances upon which his ity was founded. He then stated several which •the negligentecnidect , etleute. had incurred the censure •ot other Officers. None of the evidence ad. part of the defence appeared to him to Licts contained in the articles of accts. remeined clear that Lieut. Robertson, excusing himself from duty at the review in: not of ill health, was seen on the ground clothes; that he was deficient in the requisite ►airy officer ; and that he had been guilty in saying, when questioned with regard appointment:, that he had lost them, -ew that be had in fact improperly dis. hem. With such a case uncontradicted, address was, he feared it had unnecessa. too large a portion of the valuable Court. natthen cleared, and its judgment 'ltording to the usual fbrm, be made publis ' been submitted to the COMMANDMIN• Gevtleman, who dined yesterday at the Saint .ee house, alter the cloth was removed bottle of Champaign ) And desired the bring with-i t t h e " • sp i ra l i n st r ument, that himself pelforate the spongy substance, and frOtti his glassy prison 1", war coo n; The object as May g - , 'Aliment and al/ • • • h of the 0 -"r7 l ‘ is* be discontii be approptiated t 70 . IOW& • • • COORT-N1 g ut ayethe first day's wefiave thought it rig till the trial was finis sacoNia DAY, The art met accordin , L am of continuing the ing rii;re against Lieutenant Mr, Soloman, an army a rained by Colonel Mon o ft t imo.ago Lieutenant • c ol a ppointments of bin las to he-Sven. ywo me iernanded, and instead .0 vete sent back, with tes oss. Witb this arrangernet irnself satisfied. Up;in arc d that Lieutenant Robert: !mounts Mr. Soloman ha r purable Way. Colonel M limss to make inquiries i .intinepts , which had '1 If (1 hint if he had any of s i t pie the circumstances of The Dr ruTY JUDOS AD 11 2 • .rt, that all the evident P through, and Lieuten upon for his defence, is --. g yet prepared, and 'esamiraed before he mac cot vented to; but the g e ea o'clock until to-tr " t Robertson time ' THIRD DAY, day Lieutenant R , which he cam= iarkbeen two-and-twenty ever beingaubjected to command of the prose: Morland hard aiwa openty, and in a mann ," of the association ol " Hitt abridged all the re bras necessary for hint tc soldiers. If it were t Pas deficient in skill as it was. that Colonel M L. 'tired him of every opps Ms the second Court-Mar t for a similar oil . atn:ute it to a spirit of too ex rosined ft ' in substance neat inien* In insn Coast, he stated Cdond Hovland a poet degree towards other O, • Libation wasp as be, whether ass or ray attentive to . • ow sgainst his std Gentlemao ad be considered as plin before. Theourt adj knotse. vot CAnael MonL El:fence, and n • lad bad mantra us. *bin to state ttl' severity w ihunces in whi Robertson Ice C ommanding 0 4Y an the pa contradict the fa • . It r e m It. aha 6on ewousing ih 6 7 on account th hitless clothes d shiU of a coltish.] Iv at falsehood, in ies 111 his dress op; *lst he knew of them, nJeA Ront as this adc etb , 11 . 1 / columned Ifte of the Con ' ' TheCoun 1: • sot, aienrd se it has bee saw , Wet. is 'it Gentleman ts° I Coffee I e ed a bottl pl '.. to bein g 'night hinssel • Bacchus rg w~ P~ SeothisupOr . r pt. lib.. ' MW cr—ltto Jetiffi' isee s t me cltVlors: .4- v. le as gilt. tin r IhrhOniFda2 Plus or £5O, gor'fllrvioids sanylas wig slattkis, T.Y.C. Lord Stawetra bay colt Brash, ayrauld - 'Mr. 'aftercare/ bay colt, bY OM*. 1 1 -1W40 1 4 ! Bit C. Banbury's brown filly Tawny, oiraold .Wyadltant's assent eolcklectoe, s-TraCtil ' ' ' ; Twelve SobwriberarTbe Jelly pisead;batisra.: •• • •a to s gist Tartor-5 to 2 asst pesos:, : t<< , Duke of Grafton's Whoa. 74. isn't. beat Lord Q. H. Ciegli'l , Aire Goldatalegi as. slti. ,T.Y.C. t00.4.-646.11kliflab& • FIFE Htll4ll' . - '7 : • • • The Fife Hum aim arCuptmon hisadyttliiil4th and onntltiosd,till tide, Wadfiesdariollowing. an these days, •and„ the.bonnds traver sed the surrounding neighbourhood to a considerable distance. The wort was excellent. The races, which commenced' stir Thursday, and terminsted on Friday, were numeremsly and fashionably attended. The fineness of the weather, the !'fitness of the ground, and the universal ! „arilour which pervaded all ranks, ren dered them. in no small degree, interesting. Balls, were given on the evenings of Thursday and Friday. : The display of beauty snd fashion, •on these occa sions, was uncommonly'brilliant. A sporting. bet will be decided next week. Mr.. WOUBW.ELL, of the Life..Guands, has betted fifty guineas that he will ride from Child's Hill, beyond Hampstead, to Dyson's Livery Stables, in Park-lane, a distance exceeding five miles and a half, in• thirteen minutes. Many bets are depending on the event. Tuesday se'nnight, the- Wilmington Hounds an kennelled, in Compton Wood, Sussex, a lox that afforded the field a very excelknt chace of an hour and a half, when poor iileynard dropped his brush, and fell a victim to his pursuers, the pedestrian part of whom were peculiarly gratified by the constant windings of the tox, which brouAlit him often to their view. Foxes, we understand, are become very nu. merons in the neighbourhood of Lewes, and have lately committed great depredations upon the poultry Wednesday se'nnight a fierjectly white lafk wasshot on Point Estate, in the parish of Frock. by Mr. .Roous. The oldest inhabitants in the neighbourhood Geyer recolleeted basing seen a bird of this description. Wednesday se'nnight, as some fishermen were on the Solway fishing. they perceived something incom rehensible moving in the water. They pursued the Uject, and, to thpir great astonishment, after a long `and arduous chace, found it to be a fine large .hers, swimming towards the Scotch shore. . A fatal accident happened at Crigglestone ) near' Wakefield, on Monday last. Mr. Joseph Wood, a , respectable farmer at that place was out with a load ed gun to keep the birds from his crop : in stepping ever a fence the gun went off, and . shot. Amos Cop ley, who was near the spot—he died instantly. Yesterday an Inquest seas take* SS the knit* lirMr.. Bushell, the Lord Nelson"sl'avirerrethittob4Aniirar' palm Alf Sedfasdea.P4iontemitowir.swistsr•-lhawsr, helm, . Tmosetts fistwilues; -Esq. upertrille • body of Mary Ann Bergen, Use daughter of Mr. T. Bergan, of Burton place, Tavistock-aqttare. Verdict— th ed in Childbed in a di ffi cult Labour.' Fa' Yesterday evening an inquisition was held at 'the Muse of Mrs. S. Peat, the sign of the Carpenters' Arms, corner of Howland street and John -street, Fitzroy-square, before THOMAS STIRLING, Esq. Co toner for the County of Middlesex, on view of the' body of Mrs. Catherine Swale, a Lady about eighty years of age, whose death was caused by her clothe' taking fire.—Verdict—Accidental Death, by burning. Late on Saturday night, a fire broke nut in) hoot in Galloway's Entry, Canougate, Edinburgh, where an old lady was bi.rnt to &ad) before any person was aware of the circumstance. It is ennjectured, that i some part of her Clothes had caught fire, and the flame proceeding upwards had, by suffocating,. pro % vented her tailing for help. An alarm having bee , given, the fire engines of . Edinburgh and • Leith were, with vat alacrity, brought to the spot. and.' by the pe'rsever'ing exertions of the firemen, the *MRS, were confined to the room, and finally subdued•With ' out doing turther tirlichief. The body was consumed! almost td athest and a dog and cat, her •only coma panions, *shared the same fate. The lady . who suf-' feted was a widow, and . was 70 years of age. Sunday se'nnight a very vest number of people assembled at the parish church of Dysart, to hear the larewel seiricnr of the Rev. pear s * Muirhead, now removed to Cransond, near Edinburgh. Lour before the hour of service in the afternoon,. the church was. r. crowded, and a number of parishioners found it int possible to getinto their seats. in the struggle that : calved, an alarm was raised that the palmy was. falling. The Earl of ItGiSLYN and other gentlemen, exerted themselves to quiet the apprehensions of the people, but in vain. In the confusion that was crea ted, some were thrown down end trampled on bathe crowd pressing towards. the door; others. impatient to get out, burst open the windows, and threw them. selves out. Happtly no lives were lost, 'although several were conveyed home seriously injured, and.a number received bruises and lost part of their cloths' Wednesday se'maight, about a quarter before nine o'clock, as the postman, who carries the mail bags to and from Exeter and Teignraouth, was returning from **latter place, When lest thin two miles from Exeter, be was attacked by a man on a gray horse, who at first accosted him by asking 's how far it was toAlphiogton r' The postman had scarcely time to answer the question, before the villain struck him a violent blew across the head which fractured hie skill in two places, and fel:ed him from his horse tO l the ground, where be lay two hours in an insensible state. A stiller bearing. some groans, proceeded to the spot, took him up, and tarried him to the - Al, phington pest office, where he was recognized. The: Wane was afterwards found in a lane near the yet' where the brutal assault was committed, and the btgd were picked up in on adjoining Lid, with a few jarl Heil which had been braes open ; other letters were tared dyer tbs. field. The man lies still at the Die* and Exeter hospital, with his skull fractured, wit* altogether in a vary siongerous its" eb day Vitp'rfrWkeof tHa Meeting dm. le way, and ely manner: iudeed, people England were altrisys, and still are; more peaceably disposed, and Mote ready to *obey the law, 'luta those of any other country. is only the .very great excess of suffering , which ever yet impelled them to tumultuary proceed. ings ; and every thinking and humane mind cannot bus feel indignant at the attempt which is making to fix censure upon thole who complain underthe pres sure. As might he , expeeted,. several *Resolutions .were passed, expressed in language as strong as the -" Ns. complained of are severe. When people are itiuggling with unaccustomed and unmerited dil lies:, it cannot be expected that their complaints will *uttered in a very mild tone; bat it would be *b lued •to require that the language- cif petition or re ,lAGaitrancew in this time of pressure, arising from es gess of taxation, should be mixed up with idle coin. , pliments. Monday a Meeting was held at the Spread Eagle Inn, Epsom; 4:imposed of several of the Nobility, Gentry, Clergy, and Freeholder of the county of Surrey, at which it was unanimously agreed to pre. sent an Address of Congratulation to their Royal Highnesses‘ the Duke and Duchess of gLoucarraa on - thew marriage. A Meeting of country Gentlemen took place on Tuesday at the Freemasons' Tavern, for the purpose *Of taking into consideration certain parts; of the sins.,. Lion of the Agricultural interest of the country. My. 'rowans, of Essex, was called to the Chair ; and stated that the object of the present Meeting was in tended to be confined to the state of the Wool Trade alone. Other Gentlemen attended the -Meeting; un der an impression that it was to consider the depressed state of Agriculture in general; and after some dis cussion it WAS agreed to dissolve the Meeting. The Gentlemen who met together for the promotion of the Wool Trade then retired ; and the other party, whn remained behind, resolved upon the necessity of Parliament being immediately assembled to consider of the state of the country ; and that to confine their proceedings to one object alone could avail nothing in the midst of such general distress. Riot AT BIRMINMIAII.—MOnday evening a seri ous disturbance broke out at Birmingham, but which was suppressed in an hour or two by the activity of the Magistrates, seconded by the co-operation of the military, who were called in after the Riot Act had been read. I; commenced by the mob breaking the windows of a printer, who had circulated some Anti-Jacobinical publications. The street soon be came crowded, and stones wire thrown by the rioters at the officers and soldiers, one oc two of !ffuollA were, We regret to.say, severely hurt. Parties ~of the 15th Dragoons and 73d Infantry were the troops employed. Some of the most active rioters • were taken, and sent to Warrick gaol. By elevea o'clock all was quiet. Sir F4O was expected at Biimiaghana every minute. It. tusk repOrted the inter had said uine shilfings week was enough a workiag spa n, his testy aud littnije rf an.opinion Pstater never gave. But thetalsehOod teoded the turn.— A letter of Tuesday's date says—“ Mr. THOSiPsoki, a Magistrate, *behaved with exesnplsry spirit during the riot,. and was well fteconded by a party of the 73d . and anuther of the 15th Hilmar/, Major THACILwat.L t who commanded the former, was knocked off his horse by a large stone, and car ried into an apothecary's ,close by ; and his Serjeant 'Major received a violent blow in the eye. No lives were loss, and the town is quiet." Therehas been "some tumult among the Colliers at Calder Iron Works, near Glasgow, caused by some of the men's wages being withheld for a formight, in con sequence of arrests for debt. Saturday se'nnight they. assembled at the counting house, and having, by striking the clerk, evidenced their detennination to obtain their wagcs„they ultimately accomplished payment, and retired from the scene in triumph. On the Wednesday they attacked and much damaged the house of the underground foreman. The same' day a warrant was granted by the Sheriff, so the petition of the Procurator Fisc it at Hamilton, to apprehend certain of the rioters, • and to employ military force in aid of the civil. authority.— Early on Thursday morainic the warrant was eze: cuted, by a party from Haindton, and a troop of the 6th Dragoon Guards.; and four men,, suspected of being particularly active in the affray, were taken into custody.. They.. were at first carried to Hamil, to, but it was afterwards fauncluecessary to remove them t 6 Magma, escorted by .dragoons. About 1.50 peop i ti, it is said, collected at Bothwell Bridge, for the rpose of rescuing the prisoners ;. but, as they were brought by. /*gyre, which is a different route, soldier reached Glasgow unmalested. The men had not returned to their work qn,friday. A party of the dragoons are atilt stationed at the works. At the last Norfolk Quarter &W ads 4 poor- man was convicted .of killing a . rabbit. and sentenced to' 111 months imprisonment in Wymundbana Bridatwellt There vats a- good supply at Norwich Corn Mar ket- on Saturday. and very little alteration in paces. Wheat 475. to 495. ; Barleylst; in 271: ; AM' bats I6i. to I7s. per coomb,:--"On the Castle. Hill there was a leer supply of Stork Galloways, and-other leanorith same fat beasts ; -for the feta", from 6s. to 7s. per stone was the general price. ~The sheep. pe_ns were tolerably well filled with *Lai* said fat' Wethers, chiefly half bred' Leitestets..—Botter, of prime quality, at the test St. Faith's salt; sold only from 455. to Ow pet firkin . ; hares 255.. • . At the recent Mk of Prise Cattle of Mr. Puce, el- Rya'. near Upton on Severu, Herefordshire, one cow• sold for 45215,.an0ther for SLID, our a third for £190; for old ditto for £2601 o yearling ditto for 1189; a ball calf for am; a bull - for - Jen 15s. ; another for am los ; # . third for !Mt nit . % folllllol li. 36 10s. - Mr. Mosley of liaropstood . ?#: his pease Octal ye;r7 : of s bill . boat, coutuusug a . number of va luable perk ; end, about seven pounds inhaak notes, lag a oroyirfecilerted is front of a chomp baker's Oa . labors Bridge. .. . ~., , ... j ,‘ • N., Y 27.:1;,7 xi ?SPORTING ntaihrginsik- 1:. kigelllo4. JIM * 04 . r ... r ....,..... 4 ,,, _. . 11111t0.0drotaigit i oa; . ....... , t 0 9,4 rbo -ttigiii. alli -;,...9 .),1211,11110.4,9aft ..- 4*- il.' . it ! I :, INS .11 . 111 R at kektlettkr 1 of"i' • •iiilloi w arZeZt r t .4e4 e gi n i* iitteela ejf - ' l e i ff isii ttn% tow ts 9. o , ippitime of the pesillskapiortire neeeidty oily ettrk opeselicarslll Wan Ali de unliti.seassdi bt .r. s m • T.Y.C.. . A.,. : anstreferns, passed essninionsl7.—The N Mr. V , 4.7 mold, est. . ~, di ' ill duated• thetbseless. in ihe most peateabli int. - wa i l ._ ~ • 44 1 ,4•14,141. 7 .'• ai . '•• :': ' • - 't afterwards separated in the same orderl le e' Laid Fuley'.43tioshsrsassk, 6.7n015.1 4 pis. lib. . , • 9' • d ee d a— -lof ' • Nein Itsried-laNasiiiiikt - Th.. Taid•Vntspii.l Cite Arai: • 1 IP __ 9 691 Poo* of England were al . ..,—/...... esith:r tilt taib's sewn.. 6 6 / 1 011211`66a ,CULLIII 0 IIUTLIMe This was an action upon a policy of indulge* en goods by the ship • Industry, at and from London to the Canary Islands, fur loss averred to br by perils dad misfortunes of the seas. At the trial before Lord Etta% 'ounces, in the fittings at Guildhall. after last litlary Tenn; the plaintiff was *unsuited, upon the ground that the ship was lost, Rot by peril oldie sea ; but a peril ors the sea. The case appeared to be this t—The !admitt set sail from London on her voyage, and in the eight of the 7th of July. 1815, before she arrived at het destination, the master and crew of another British ship, tailed the Midas, believing the Industry to be an enemy's ship, and that the persons on board were in a ?mettle Manner about to attack and ho.rd the Midas, for the purpose of defending thetuselveS against such apprehensive attack, but without any faelt'oin the part of the crew of the Industry, fired into her, whereby the latter vessel immediately sunk. Lord ELLeciottouou, at the trial, held, under these chtumstancet, that this was a loss by poll cit, hot not gibe sea. and therefore the plaititiff was non- Kited. In Easter Tetm a Rule Mu. was obtained, for setting aside the noosuit, and having a new trial. 'but the plaintiff afterwards abandoned his Rule, and obtained leave to amend his declaration, by meatisig a second count, containing a statement of the cit.- cumstances under which the vessel was lost. as above stated. The parties afterwards agreed to turn the question into a special ease for arguniect s and as it was admitted that the vessel did not come within any of the enumerated risks in the policy, the qUestion turned upon, whether it was a loss coming within the general words u other perils, losses, and misfottonei, that have or shall come to the hurt. detriment, or da mage of the said goods and ship, Ste." The Cuur:, alter hearing Mr. PARKS, for the plain tiff, and Mr..BAILNEWELL, for c'efendant. took time to consider their judgment, intimating th A t its this was the first case which had ever been brought under ;dis cussion as to the effect of the general words above mentioned, it was necessary to consider the subject with deliberate attenti.m. HARYIY AND OTHERS V. CRICICIerT AND 01111 MS. This was an action tor money hid and received to the use of the plaintifk as assignees of Matthew Bar nard Harvey and John White Harvey. bankrupts. At the trial before Lord ELLEwoortooon, in the London Sittings after last Michaelmas Term, a vet. dict was found for the plaintiffs, with ‘931 15s. 6d. damages, subject to the opinion of the Court upon a I special case, which stated—That in the year 181.4 the Bankrupts carried on business as bankers at Rnchfotd and Billericay. in Esau. under the firm of Matthew Barnard Harvey, Son, and Co. On the I;th of May, 2814, J. W. Harvey committed en act of bankruptcy, and was duly declared a, bankrupt oft the 2Sd of May, under a separate commission, which was issued against him. In the year 1814 the detest. dints carried' n business as Bankers at Chelmsford ) and employed the house ref Esdatle and Co. as thew London Agents. At the time of J. W. Harvey's .bantistptey, the defendants held notes of M. B H. sr. vey, Son, and Co.. payable to bearer, and which kid come into their hands in the ustal course of their ba• sinew; as Country Bankers to a large amount. These notes were afterwards presented by one of the defers. dints to Ranschuttom and Co. the London Agents of Kitvey. Son, and Co. at whose house they wet.: payable, but itarnrsbottom and Co. refused to pay theta, although afterwards on a part of them to the amount of ie:3o or any being presented, they .paid such part out of the Funds or M. B. Harvey and J. W. Harvey, in their hands at that time. With the exception of this parcel of notes, the house of Rams bottom and Co.. continued to pay all the notes of M. B. Harvey ad Co. ptesented to them fee payment to the amount of many thousand pounds, until the 234 day of June following, up to which day M. 6.. Hat. vey continued to carry on the business of the Banks in ibe country. Before the 2241 of May the defers• dents had notice that a considerable quantity of the bankrupt's notes had been refused payment. aod on that day they were informed of the Abseitading of J. W. Harvey., but that M. B. Harvey was perfectly solvent ; and on that same day an. application wee made on behalt of M. B. Harvey to the defenders* to accept in payment of the notes which had been pre. sensed to Ranabottom and Co. a bill proposed to . * drawn by a Mr. Wade, a debtor to the bankrepts.to a large amount, upon Dyson and Dixon. This sec raugement was *acceded to by the defendintlVand they accordingly received a bill dated 24th At4i l ;l6l. 411000, drawn by Wade in favoir of N. Bs .1-lititey, and iodated to them by the latter, who knew at that time of his soaU having absconded. The bill so delivered was paid when due by the acceptor to the defendants. On the 23d June, AL B. Harvey cons mined an act of bankruptcy, and on the 18th July a joint commission issued against 'both the bankrupts, underwhieh fherwere duly 'declared bankfttptii e ,tuid the plaintiffs became *Signets - cadet the ma* 'Oft thelth of September,' 1614, the Cepantte astir Ifs against J.W. Harvey was superseded. The tion for the opinion of the Court, was, whether the Plaintiffs were . entitled tit recover the sum of ' - 42951151 ed.. Wog composed' of the balanCe of the proteeds of the bill in the bands of the delentlifit4, and the snot of 410) or any part thereof. The goes. doh of law then arising for the decision dale Court was, whether, after the bankruptcy of J. W. Harvit, his father, M. B, Harvey, had the power of dPapoein* of the pi property in discharge Of the part. nership debt doe to the defendants I or; in other words, whether, atter the bankruptcy of an insolvent ' paftner, the jet itrperinssfi is taken from the 'solvent partner which he bad before the bankruptcy f Mr. F. Pouotor. on *all of the 'plaintiffs; coo. tended, that as the act of bankruptcy of J. W. Hof ' vey in taw dissolved the partnership of the bankrupts, the previous power existing in 11. B. Herat' of dis. posing of the partnership ptoperty ceased from the moment of the bankruptcy,, and consequently the .paytnent of the paitnerihip finds by hint, to the de. fandauts, *as a fraud upon the . assignees, being with out *it Colllllllt. Mr. Tfattot., for the defendants, contended, that the filetiOft sass not at all maintainable by the plain- Os ' inunsugh satin must bigoosidered tenant* its , . common with the tolvent partner. . The Cotfrt held that the edit* was not maintain able, and ptoneonced their judgment for deleichstib :