Star. — London, England, 1825-11-23 00:00:00

case had undergone, not only on account of its novelty, but., of its importance and he confessed that, after riaadiss' gthe Convention and the Aet of Parliameat, he as nut_ Weiraxed to say, from anything that had been advanced; thartbix Court had any jurisdiction whatever. It was not his present intention to enter at length into the arguments of C ronsel, and he should merely st ite his *Won, that no bill could be maintained in this case.— The poverty in que.tion had never been ve.ted in the plaintiffs; it hwatiteeit created b) the convention and by the Act of to; 59.11 Geo. 111. which had been refetred and, con,eque f, every person claiming it, must prove such claim under those conventions acid Act of Parliament. It had been all along contended that the plaintiff has t gists of property, but for the reasons stated they could only be made out through those politic acts. The argument had been, that the deci•ios of the,Privy Council ought not to have ex tended to the rights of individuals: but the Act expressly slimed, in the 15th Section, that it was the purpose of the LeAislature to withhold from the Com missioners the conclusive power of trying who was entitled to the property claimed berate them, because, an appeal to a Court of Equity was in such cases pointed out. He would, therefore, without further going into the patticulars, only say that the principle was as he ha 1 s . ated it, and that the argument as to the cam pe;ency of the Commissioners was repelled by this Act. H.: would look throuj k li the Act of Parliament and the Conventions with mote attention that lie had yet been aisle to denote to them, for the purpose of meeting all the points which had been put, and would deliver his opini:.n more fully on a future day. In the meantime that opinion was, that the Court had no jurisdiction. COURT OF KING'S BENCH, WESTMINSTER, Nov. 24 BUCKINGHAM V. BANKER. This case stood over in consequence of the inabilite of the plaintiff to establish the publication of the libel on which it is founded, and which he discovered at a late stage of the proceedings.. It was postponed, and a commission granted to examine a witness in India, on condition that the plaintiff would, during the interval, pay the expenses of two of the witnesses to support the defendant's pleas of justification, who have been brought from Egypt to England. Mr. GURNEY now moved to amend the rule for post poning the trial, and also for a report of the Master as to the expenses of the witnesses. By mistake the rule had been drawn up for the sittings after Trinity Term, instead of this Term, contrary to the memorandum signed by Mr. Brougham and himself. The defendant also wished for a further allowance for his witnesses. The Cotner granted a rule to spew cause. IN THE MATTER OF CLARKE AND PLIMMER. It may he remembered, that in Easter Term an ap plication was made by Mr. Stocks against Clarke, an attorney, Thomas Piimmer, the father, and J .lin Plimmer, the sou, and a rule granted to shew cause why Clarke should not be struck off the Rolls for allowing tke Plimmers to practice in his name, and why they shauld not be committed for so practicing ? The case arose in a remote part of Staffordshire, where Thomas Plimmer resided. It was alleged, that a poor man of the place being sued for a trifling debt, John Plimmer, who was desk to an attorney in London, undertook his defence, and put in a plea of misnomer. The case was suffered to go to trial, when Clarke, chose name had been used, appeared, and assisted in the proceedings; a td, in the result, the client was filed N ith the debt and costs to the amount of nearly $0!. The case was referred to the Master, who now repotted that the :tile ought to be made absolute against Clarke and John • himme.r, but discharged without costs against Thomas glimmer, whn had merely advanced money to serve his son, v. ithout any criminal participation in the design. Mr. CHITTY said the lute had never been served on John Plimmer, and, therefore, he had no opportunity of opposing it. The Cowie then ordered the rule to be absolute against Clarke, and discharged as to the Plinuners. COURT OF COMMON PLEAS, Noma's& 22. LACE V. S. T. BILE. In this case, a rule was obtained to set aside a bail bond, on the ground that the defendant was arrested t the name of Stephen T. Silk, his name being Stephen Thomas Si:k. The case was argued a few days ago, when the Court took time to consider their judgment. This day Lord Chief Justice delivered the judg .. ment of the Court. His Lordship observed, that the Court found themselves not a little fettered by the cases which had been decided on this point in this and the o her COW ts. Under all the circumstances, and as the defendant was led to make the application by the cases a'ready decided, the Court would order the rule to be made absolute, the bail-bond to be quashed, and de fendant to be discharged out of cus , ody, on entering a common appearance, but upon condition of his under. taking not to bring an action. At the same time the Court felt it necessary to give notice, that in any case of this kind in future, the Court would not discharge the defendant on motion, but would leave him to his plea. The rule VII, tben ordered to be made absolute, but without costs. AL LLGED CONTEMPT OP COURT.—THA RP, V. GISBORNS. This was an action for the keep of a race-horse, and was tried some six months since, when a verdict was found f , r the defendant, in consequence, as the plaintiff adleged, of the non-attendance as a witness, of a Gen tleman named John Hunter, a Captain in the Army. On a former day, Mr. Serjeant Wilde, moved for a s ule to thew cause why an attachment should not issue against Captain Hunter, for.not attending the Court, pursuant to the subpoena served upon him ? and today Mr. Serjeant Vaughan was heard in opposition to the Rule, and Mr. Serjeant Wilde in support of it; and, from the conflicting statements of each patty, we were enabled to elicit the following facts:—First, that Cap tain Hunter was a material witness on the trial; se condly, that he was served with a copy of a suhpcena whilst on the race course at Epsom, en Tuesd..y, the 17th day of May last; that he ?hewed the said copy of ti c stibpoina to a ft iend of his piesent, and asked him what it was? to which his friend replied, 4 4 why it is a obverse for )ou ro attend on the Derby:day," atter which, the Captain tlartw the said sub, eerie back to the patty serving it, and . feted to bribe him, to say th.it lie could not find him, and he never attended the trial rf the cause. The Court was clearly ref opinion that the Captain had be u guilty - of gloss contempt in two, instances; first, .n not obe ) i 1 its precept; and secondly, in en deavouring to bribe the person who was to serve it ; conduct, as Mr. Justice Park observed, no Gentleman, he begged pardon —no person holding the rank of a Gentlem n—could be supposed to be guilty of; but as the Court had not that legal proof which was neces sary to proceed in the summary way of attachment, it; THE EVENING S'l'Alt LON DON. WEDNESDAY, NOVEMBER 23, 18t'3. STOCK EXCHANGE, TWELVE O'CLOCK. Everything is very gloomy this_ morning, both at the Stock Ex change and Foreign Market. There is a report of the Beak Di rectors going to have another Interview with Ministers this day. Consols opened at 84j 85, and for next time 851 I, with a heavy Market. It is stated that Ministers are going to Fund the Exchequer Bills. The Foreign Market is in •ery great agitation. Current Prices: Austrian 9'll 93, Colombian" New 641 6, Greek Bonds 22 23, :lichen Sly per Cents. 681, Russian 11111 885, Old Spanish 161. Guatemala 6 51. PRICE OF STOCKS AT TWO O'CLOCK. Bank Stock 221 220 221 3 per Cent. Red. 84 1 / 4 % 84 8 leer Oent. Cons. 85 84% 84 3i rer Cent. 92 3 4 3k per Cent. Red. 92 1 / 8 91 5 4 ver Cent. New 102 101% 102 Long Ann. 20% -1 ,4 34 India Bonds 1 2 dis. par. £l,OOO Exclieq. Bill) par. 2 dis. £5OO ditto par. 2 dis. 4:100 and I:100 ditto I prem. 2 dis. Cons. for Acct. 85 843 5 FRENCH FUNDS, Panic, Norsataaa 21. Five per Cents. opened at . D 8( 10c. Three per Cents. opened at 671. 40c. Bank Stock 21251. Ilenta 'de Naples . . 831. Hones d'Espagne, 1823 . 49f. We. Marian Loan . . 826 f. FOREIGN FUNDS, TWO O'CLOCK. Austrian Bds 5 p Ct. b l ex. s crip,lB2s, I Brasil an Bomb, Ditto Acct._ _ Do. Serlp,SpC.lB , 2s, I Neapolitan Bonds, Ditto Acct. 121 1 13 12) dis.' Peruv.l3,ls, 6 pe. SOl Buenos Ayres Bonds INttoScrip,lB2s, 0 pC. Chilian 130nt15,6 p Ct. Pottuguese Bonds Ditto Acct. I'russ. I3ds. 5 p C. 961 Colombian Ilds;CpC. Do. Bonds, 1822, 90.13 tis 1824, 65 63j 641 Ru 55.13415,1812,8 p C. 881 Dn. Acc.;64l 65 6411 631 64/ Ditto Acct. Danish Bonds, 5 p Ct. Span. 5 pCt.C. 16 15) 1/o. Marks Banco Ditto for A cc. Ditto rends, 1825, Ditto 510 Greek Winds Sp4n.s p. et. C. 1023, D0.11d5,1825 5pC. I Ftench Reines, 5pC. Ditto Acct. French Rentes,3p C. 981. 1 ex. Ikmds, ; F.acinnge, 25f. 10c. Ditto Acct. 62 611 Guatemala Scrip, 6 diet. D0.8d5,1825,6pet.691601 11 1 Ditto Acet. SI 6 dis. Do. Acct. Russian Inscript. 6 p Ct. BRITISII AND FOREIGN SII.%IIKS, TWO O'CLOCK. Arigna Iron anti Cual Bolivar RoyalStannary&geit.Dlin.Ass. 5 United Altsican 40 20 Ditto New 40 10 211 British Gas 50 ' 13 41 Australian - - 100 5 1S 14 iiritisti Rock & Patent Salt 10 6 91 10 British and Foreign Paper 50 5 1 4 i 2 French Brandy Distillery Comp. 50 2 11 Gereral Stem N.ivigarion 100 5 41 Honduras 100 - 5 - 94 SHARE. PAM. 50 12 SO 5 8 i 19 II The c ntinued rise of the prices of every necessary of 1 fe, lays us under the obligation of requesting the Landed Interest to prepare for a substanti ii change in the Corn Laws. This change, it is no w most evident cannot much longir be deferred ; for, with abundan harvests; with agricultural labour so cheap, that th e hardy peasant in many districts gives half his industry gratuitously, while for the other half, to satisfy the wants of nature, he is compelled to resort to the parish ; with a remission of Eighteen Millions of Taxes directly pressing on the land ; and lastly, with a me tallic currency, substituted by enormnus sacrifices, for a currency in paper, which was alleged to have been in excess, and hence depreciated ;—with all these advan tages in favour of the farmer, it appears, by the melan choly ted of experience, that he is incapable of bringing his produce to market on such terms as shall enable the industrious mechanic to earn a livelihood. The neces satin of life ire still very nearly as high as ever they were in time of war, while the poor of other nations, at our door, abound in the means of sustaining them selves and their families at one half the cost.— This cannot be a natural and wholesome state of things. Combinations, and sometimes outrages, are reso►ted to on the part of such working classes as happen to be congregated in large numbers within limited districts, for the object of remedying, by an increase of wages, the evils which press on themselves and their families by these augtienting difficulties. But this remedy, when obtained, or rather extorted, seems only to in crease the mischief, by operating a further rise in the price of commodities. It seems in vain, therefore, by artificial enactments, , 'Woggle against the moral and physical Irv: by sth . ch the hum .n race are litigated. If bread is cheap in a foreign country and dear. in this, a supply must either he brought to the labourer here, or he must repair in search of pov:sions where it i. in plenty ; and this last alternative has unhappily been selected, in consegnei:ce of the Corn La sis, to an alarm ing extent. Thlusands of our best mechanics and artisans have left these shores to tarty their skill and industry to improve the manufa-tures of France and Get many, which, if effectual measure; are not speedily taken for removing the temptation to emigrate, will speedily rival those of England. While matters remain es they are, the labourer in this country has no option but one of three—to emi grate, to combine fur a rise of wages ( Lich as- Suredir will not else be granted), or to come upon the parish for the deficient means of supporting his family. And it is notorious that the agricultural classes, who cannot combine, have constantly, for many years been obliged to adopt the latter course, which sheivs the tin• reasonableness ad condemning combinations it: the gross It does not appear to us that there is any remedy for these alarming and demoralizing evils, except a free and unrestrained importation of foreign Corn, under a settled fiscal tar, not a prohibitive or restraining duty. Graduated rates or taxation have been tried, and most scandalously abu s ed, Men, honourable in every other re lation of life, have felt no shame at combining to raise nominally the price of Corn by false and forged lists of fictitious sales. Nothing of this kind will ever succeed; and if we really hope to see England the grand market of the world, and her populatiint supported by hone..t industry, instead cf vile menclicity, the supply of head must be admitted freely, and on certain defined conditions, from every point of the compass from which it can most cheaply be procured. We ate not ignorant, boss ern r, that great sactifices will be consequent on Well a remedy. Not only will' the landlord's rent be exceedingly diminished, but much land will be thrown out of cultivation, which, being of, interior fertility, is now laboured at an improvident ex- pense. The diminished rent, however, does not imply a proportionate diminution in the landlord's means of maintaining his family; inasmuch as the prices of all commodities will fall with the price of bread. And although many agricultural labourers will be thrown out of employ at first, the demand for manufacturing labour will be prodigiously increased, it being a self evident troll) that the foreign corn must necessarily be paid for in British manufactures or other produce, seeing that we have no mines of gold or silver in these Islands. The New Catholic Assuciati - n of Ireland, met on Saturd.ty last, in Dublin, when the usual oraors made their accustomed display. Mr. ()tor:NELL, who nei ther improves in temper nor discretion, as he advance; in age, indulged in a furious tirade against the English press, and the English people. Ile says "there is a rivalship of misrepresentation and calumny amongst the London newspapers ;" nor is it to those journals which are known for their decided hostility to Catholic Emancipation, that he cor.fines his ac cusaticn, but includes the Times, and the Morning Chronicle. The people of England are the most boast ful mid vain-glorious people on the face of the universe; and he concludes the first, of at least four speeches with the very pious w ish, " that the oppression which had been countenanced by the English press, should be teward, d as it deserved, by the execration of the civilized world, and that a boasting people should receive the recompense which they had earned—namely, the execration of mankind." Now, without enteting into any serious refuta tion of Mr. O'CoNNaLL'a calunin'es on the English Press and the English People, we shall remind him how •err differently he spoke of both, and that within the last few months. Our Readers c innot have forgotten that in the early part of last S-ssiun of Parliament a Deputation from the Catholics of Ireland was sent to chew cause why the Catholic Associ ttion should not be suppressed.— Mr. O'Coszirt.r. was of the number; and, in order to convince the British Public of the innocent views and the modest requests of the Irish Roman Catholics, a general meeting was convened at Freemasons' Hall, on the 26th of February last, when Mr. O'CoNtm.t. spoke for some thtee or four hours. Ile did not then libel either the English Press or the English People; on the contrary, he declared he would appeal to English- men, through the means of that press, which was des tined to bear an the wings of truth the triumph of liberty over despotism, among the nations of the world.— This appeal he made to the justice, the honour, the honesty. nay, the generosity of the English people." This declaration was answered by loud cheering from the auditors, who were principally British Roman Catholics ; nor was it the only compliment he paid the English people. In alluding to the new Act of Parlia ment for suppressing the Catholic Association, he said, 6 4 he could endure it all—his fathers had endured more, and he svpuld tell his children, that there was a good Goo still to protect them, and that there was a goaerous people in England who would not allow the people of Ireland to be trod to the earth." Again, he said, he would tell his children that " it was impossible the just and generous people of England should long remain parties to their oppression:* We might select more of the sayings and doings of Mr. Montagu., from his speeches and his letters, in order to :hew how very differently he has spoken of the English People and the English Press, but the passages we have quoted are sufficient to /stove his ineou,i:teocy. To return to the proceedings of the •New Catholic' ,Association on Saturday, we :hall timely. ;Tula: k tha a Motion was Made for the fziming a C m inform the people of Eleand of the re( in the Netherlands, and that Mr. icy , other persons were appointed for that p, Just as our Paper was going to press, I toile of yesterday by express. It ci mencement of the proceedings in the Monday, against the (*miler hancais, addressed the Court fur the prosecution, the JuJges to punish dl= oßnces of plained, since the Magistrature was altva, of religion. The trial, like that of the ' was adjourned for a week. I 0 T 1 V [do Jeni The Flak copies from the Diario di from Corfu, stating a report that the sisting of fifty five vessels, and a great ships, under the orders at the three k LIS, £ACHTCRIS and CANARIS had Turco-E•'yyptian fleet, at a short dist; anchia, and that, after a sangninsre which the Barbarians lost several vessel destroyed, the fleet was entirely disper. Toe following are extracts: . PARIS, Novunu 20. The Nuremberg Correspondent of following article : " The most recent news from Com confirm the report, that the Porte, witl final decision of the European Powers Greece, is determined, to continue the greatest energy. Whatever may be ar real designs of the Divan with respect of E;.;ypt, it is at least certain that it with extraordinary regard, in order ti emplly all his forces to subdue the G. " A special agent has very lately beep Viceroy, to confirm him in the goverr parts of Greece c mquered by his troo l time the Porte names Ibrahim Pacha, successor. It is also affirmed that the Pot a wish that the Viceroy may employ he has still in Egypt, and can spare, ag; Islands in the Archipelago, which, wl of Hydra, Spezzia, and Samos, would thought, any serious opposi.ion." FROM TIER QUOTIOIENNZ OF St CORFU, Ocraus to. The affairs of the Greeks get worse him Pacha besieges Napoli di Mal\ most alarms the Greeks is, that it is cod( that a portion of the reinforcements from already arrived at Aloclon, particular); under English colours, which were detact convoy as being the best sailers ; and these said, were laden with horses. The Greek cru►sers lately missed a of gaining a rich booty. An English sailing in the waters of Candia, at Alexandria, with 600,000 dollars 1( met by two Greeks ships, which ordere; to come on board them with his papers, cordingly did, and preduced invoices signed to Candia. The Greeks said his cargo, and, 'detaining the Engli their boat to board his vessel. Soma passengers in her, seeing the Greek fired on her, killed one man, and wounde, Greeks, furious Kith rage, loaded the with reproaches. He threw the blame gers ; but the Greeks not knowing of their ships furiously against the English her with all on board. One of the Tur tors were afterwards saved from the w, to Napoli di Romania, to*ether with some disclosed the existence of the money, ar to Alodon. The French. Papers of Sunday,' and Monday, have reached us. The Coanitui tains the first day's proceedings which • against that Journal in the Cour Roy: last, not for any teal or alleged libel, but tendency or several of its articles. It wi ' that the la/ of libel was altered in V vancement of M. de irmaut and hi Ministry ; that the Jury on offences press was abolished ; that the Judges Royale were appointed to 'pronounce . the fact ; that this Court might suspend Journal ; and that they were empoweed view not only particular articles, but tendency of a series of articles, as the their judgment. The charge against the Constitutionr four articles which appeared in that the 2d of May and the 25th of July, to injure the religion of the State. TheA , M. Da Rim, in his argument to pal tendenoy of the Coastitutionuel, dwell the character given by it to a late 1) Priests, called 14 Examination of Consc' lication was termed, by the Constitution the Advocatc-General himself, in some truth of ibis character, when he refers t , the Priests under whose direction it is maintains that it was intended only for 41 It was originally," says M. de BR( the diocese of Lyons, and although it has its circulation, it has always been cons try.. The only argument in favour this work, adduced by the ADVOCA. that it has been in circulation 21 years having had either its piety or its morality [tion ; this, however, is no roll of the • ter of the work ; and one a our noticing the subject, has quoted a very me Pea e c c o e :t me oe t c2 , a T n rz j r. c::: • ,c t .n At e :l , a C onWittte, r ; We received s 4 on, and etheah:iecc: ay rt purpos t .. oi• fie cask Cour Roy4 e, dent nis. M. de Bar. The If wlllCh DuP Gr:. ways the supper ill e Congiliditmei and Gteek fleet, en!. since tl. tia teßnn:uonmumnbe.aertr'eaod:l6:l::t ~,er edit tAand7ei f r r a o h m it :l llA le x t i r e ;t i either taken.t' cinr was • T 150 to tl rsei. who hole His the 14th ha; the two the ostantinoisle fully in fi shout waiting the on the affairs he war wi t h 0 to d at the hn ttnen . civil to Mehemet t'l in Si now trus s h• la je,tl to iaduce him t o rce!cs. in been sent to i ! Wit rnotent of ail Ips. At the um I, his son, for hi bii 'or te has express;,'ll) the forc es a l l::: cut ;ainst the ptincip . dai vith the ex:ei.:;ni up 'd not In Ca, flbr SUNDAY. Ler orse daily. Her rep lvisia ; and w anfidently assert. , f From Egypt h. o h ly two tramp. lati 'etached from ant these vessels, it • ' pea the a fine 'worm' G u h merchant bri; fort Ind coming f • tilt for Ibrahim, vs • stn Jetted the Capt MI en, which he I. • rvl es of pit et , hit d they would lish Captain, seri exi le Turks whoa poi .k boat ;pram• ern tided three. In dre ie English Carta 71111 me on his Pas ' 1,1 ; if the money, sit vessel, and on arks and three wit raves, and brong. tome papers w the and its destina .. an 14i lot and the Rai Ch eeestitutionnd c .. ree I were nommen 51 I yale, on Seto! ant for the ; hal will be recoiled • sna France en the ae ter his Itienas tot sae of the pc idu i g es of the '" Ti e on the I"' as ca en d or suPPre u •ste pored ' to take it • Is rut the spirit rt t h e f ou ndatimi . 71, 41, prod is, that thin. Journa l, betty CO: , have a tender • kdlOCate•Gen e ' no the the irielig i ct, H s very mu ch ru bli ca tion by t e icience." This pm onnel, obtalef a ' ;1 ne sort, admits t to the discr etion t .,. disseminated' as • • r rural comm u: :•' tot, ~ t°hfinej has since e ste°d 'fined to the anti of the u tpra)itY ATO ttiggAr" rears W it/I°U" s• lily calkd in q' c innocent cu , cote mporaries 1 i 'cry revoltil, 4'. t' wouli discharge the rule, tut withobt costs, and leave the plaintiff to his action against Captain Hunter. ROLLBCOURT, DUBLIN. exectrrons fur JEPHSOX v. EXtCUTORS •Ole LONOPIELD. His H mann, the Master of the Rills, gave judg ment to day on a demurrer to a bill filed by pla;ntiffs in this case, in crder to perpetuate the testimony of witnesses. The transaction nut r,f which this applies ion arose was one which his Honour declared to be corrupt, il legal, and unconsti , utional. It referred to a contract between the lAte Lord Longueville and Mr. Jephson, by which the liter party, in consideration of a sum of money, and.a pension during his life, agreed to secures to Mr. Longfield (afterwards Lord Longueville, the reher party), or his nominee, the representation of the Borough pt Mallow. The contract, said his Honour, entesesl into the details, of a transaction which he eras bound to declare was most nefarious and a bominable. The bill was filed by the personal lepresentalves of Jephson i i order to perpetuate the testimony of Mr. Reeves, a witness, aged 70, with regard to a bond for 3,0001. passed by Longfield to .Tephsfo. To this bill the defend 40t had put in a demurrer, and the question before the Court was, whether the testimony ought to be perpetuated or not ? His Honour proceeded to cite precedents (or this Court to refuse the perpetuation evi dence in certain cases, and declared that the present transaction was so iniquitous on both,sides. as to disen title either party to relief in a Court of Equity. Let them, if they pleased, seek redress in the Courts of L tw. Demurrer allowed with costs.