Star. — London, England, 1815-02-09 00:00:00

e rected of regiments prove. complained 'rile troops , were,. orders • Freign say" hive sailed from - that port for their destinations. The second batatlioli of the 7th and 5341 regi mens. have starehedinto l'ocesnsonth to do genius duty there. The 18th Hussars, from Chichester and Arundel. are ordered to Cante rbury. The whole of the Depots hi England and Scotland of the following Regiments are ordered to the Isle of Wight against the Seth inst. viz.—tbe 1343, 15th, 17th, 18th, 22d, 29th, 81st, 41st, 46th, 4,71 b, 49 t h, 50th, 63d, 64th, 65th, 76th, 86th , 89th, 97ib, 98th, loo t h, 101st, 102 d, and 103 d. The 16th and 18th are to proceed to Jersey. The 13th Royal Veteran Battalion, which is ar rived at Spithead from Lisbon, is ordered to the vicinity of th i s me tropolis, viii.Camberwell, Lambeth and Newington, where it is to be quartered till dis banded. --- - Tuesday the first division of the Royal Cutaberland Militia marched from Edinburgh Castle, for Carlisle, there to be disembodied. Wednesday and Thursday ee'oisigbe, i taboo of the 71st Regiment. under the wiqOunn'vir Colonel Itiunntu., marched from Limerick to itm• bark at Cove for Bermuda ; the battalion is 1000 strong, and perfectly fit for service. DUEL BETWEEN COLONEL Qt7INTIN 4IND LIEU fENANT.COLON.EL PALMER. FURTHER PARTICULARS. Plum, vaaavAav 3, 181.5. In consequence of the annexed letter from Colonel Quentin to Colonel Palmer, received yesterday even log by the.latter on his arrival at Paris, a meeting took place between the parties this morning, at twelve o'clock, at the Barriers de PEtoile, the former attended by Mr. Lawrell, the latter by Mr. Thom,. son. It WAS agreed that they should fire together, with Colonel Q.'s pistols, at the distance of 12 paces. The word was given by Mr. Lawrell ; Colonel P. received his adversary's fire, then cocked his pistol, and discharged it in the air. Mr. Thompson est 'cluired if Colonel Quentin was satisfied, who, after consulting with his second, answered, Yes,•certsioly; whereupon the patties separated. The above is a cbrrect statement of all that passed at the meeting, which is given to,avoid misrepresen• .tation. " PARIS, JAVOASYS, 1815. Sh—Tke Manner iti *bleb Pitt have reflected on my cha racter, not only during the Ptheeednags on the Court Martial, but since also, his been sorb se to make it impossible but that yea must have intentionally 'imam to give me cause to seek sr tdattion at your hands, and have expected such a result. If I em tight in so judging, I must On my part assure you, that it has ever been my determination'not to disappoint your expectation. Aware of your avowed Intends* to proceed to France, sod ow willing (most ospookby -in my peculiar situation,) to transgress the-laws, loseltdati ont asiatati, of she country in which I have found protectiou . I anahossaly aweieed th e period of your depar ture. I ham followed yes - Webb country, and I now can upon you as a soldier, a *On of honour, and a Geotknsan Other to disavow timr Ipullieltimilliou have sislablet th e ii:Teeld to my *mull, plumlistetmenge, Or by attesting sae In give ata opportudity of peetelpgioietalee they have bean. " lam, peed' besabbi Aryan, " Commis? 'rhe Doke De Goias; late Captain Orainsnoot of the 10th linssars offertd, we are told, his services to Colonel Palmer, to be Isis cecond. But Colonel Palmer knowing that the King of France wished drat gallant ynung Nobleman not to take any part in the affair, declined the dffer, and chose Mr. Thonsp- WO. T he Duke De Oniche went to • the ground, however, in Ma carriage, accompanied by one of the most eminent mynas i Paris, to Assist in the event of any casualty. Saturday a Manama •krid respectable Meeting of the inhabitants of High Wycombe and - *neighbour hood was held, at wend, a Petition against the Pro perty Tax was unanimotely agreed upon. A Meeting of theinhabitants of Chester was held on Tuesday last, to'consider the propriety of Resolu tions against the renewal of the Property Tax. The Resolutions having been 'Moved and seconded, Mr. • rismitarr, the . Deputy Town Clerk, proposed an Amendment, recommending the continuance of the Tax for one year, on which Mr. UNIACKE observed, that it would be better to relinquish any Petition whatever, trusting in Ministers that they will use every means possible of relieving the country of its present burdens. This is the only case of a decision at a public meeting in favour of the Tax. Monday evening the Choral Fund had their An nual Benefit Concert, at the Haymarket Theatre, which was well attended. Madame CATALAIU is an her let= to En g land. M.'de VALABRIOVE told his countrymen that his comparable wife could get more money in an Eng. lid) Barn than in a French Theatre I Mr. Krung closed his engagement at dine Dublin Theatre 'on Saturday night, in the awakes of the Dade o f Gloster, in Richard die Third. An actress at the Neath Theatre in Wales, has an nounced for her benefit the Tragedy of Doeekor in which she will perform Lady .8•1/11., inthe manner of Mrs. Smarms, between each act sing a seek song, .1 iterwards play several favourite airs on the Welch and dance a hornpipe in wooden shoes ia the els r,.cter of Priocila Tomboy, in the farce Of The Rwrip. Among the recent arrivals at Paris we observethe 'Mae of Palace, the Proprietor of the celelmmted On., where we understand that article bids lair to supersede the use of all other oils for the hair among the fashionable. of that city, as it loggias in - l ig, particularly as it has the honour of being under Ntronage of his Maesty Louis XVIII. and the principal branches of the Royal Family. Wednesday se'nnight a young man was killed by t h e damp in one of the coal-pits, at Westhoughton. His gather, an aged man, imprudently went down to asbist him, and shared the SKIM f a te. • Early yesterday morning *barge, laden with iron, while waiting to enter the London Docks, hum some unforeseen cfrcnMsance, suddenly sunk ; and, two men, w wets aupposad .be ;sleep, in the cabin, met With,l4.lllPrirrlie kon, of *I bodies wash uni;tl; jutorkg dbagniabnal-W kid Ole cabin. . , I Royal ,ed a aver arsongtementlit respilet to the Dspins Omens on %rep Benin, twitich is likely ,to eat acceptable to innkeepers, who bente hessily kilned pee suldiers. e trouts "Ito wets at Cork, under or d ers f or _ _ IL • . - His LAW &ft LiidE ATE.' APINAGATin cpuaT, Docroite toistoxs, allitowar s. RUDY 9. 'Reirbv. This case came White the Court itlepectihg the will of Mr. Thomas Hendy, late of the Haymarket. deceased. It appeared that the testator blade his will in the the month of August, 1818, by which be bequeathed his property to Thomas Hendy and Charlotte Hendy, his two illegitimate children (in. lints), and appointed. Mr. John Darbon, of Mary-la. bonne -street, wine-merchant, their guardian, trustee, and sole executor. This will, sealed up with a ma sonic impressiou on the wax, was deposited in the iron safe of Mr. Darbon, by the request of the deceased. The deceased died on the 1 lth of January, 1814, whereupon Mr. Darbon, hearing of the same, went on the following morning to . the deceased's house, where he found Mr. William Hendy, the deceased's brother, to whom he read over the deceased's will, and who expressed great dissatisfaction at not having been left any thing by the deceased, and in conse quence of which he snatched the will out of the hands of Mr. Darbon, and it was finally destroyed. It further appeared that Mr. William Hendy, the brother, was since dead, having been found drowned, and also that one of the deceased's children (Char ' love Hendy) was since dead. The paper propoun aid before the Court was in the shape of an affida vit, purporting to contain the lebsinace of the de. ceased's will. The COURT (Sir John 1 1 4c103111.11fief heating the evidence read, was clearly of opinion that' the facts 'of the case were fully prov ed; and accordingly pro. flounced for the substance of the will, as contained in the affidavit. • COURT OF OHANCERY, FEBRUARY 8. • UDLEY V. TIM CORPORATION OF WHITETABLE. The Loan CHARCILLOR gave judgment this day, in this long litigated cause, which arose on the right of dredging for oysters, in certain beds on the coast of Kent, by custom, or prescription immemorial, in poor persons and others near the sea, similar to copy.. hold rights in certain lordships or manors. The. Inhabitants had extended the trade by impor tation of marine materials, breed, die. from distant parts, and some from the coast of France ; and 11-, tlwugh the origin of the institution was too remote for human memory. an Act of Parliament was obtained under an early reign, to confirm the fact of Incorporation. The Plaintiff being admitted a member of the Cor poration, after previous services and expenditures for their use, filed his bill for an account of the funds, and payment of a balance due to him for his services. The great difficulty of this novel case was owing to the remoteness of the origin of the institution, and the doubt that it was a Corporation, added to the want of any fund or ostensible officer to act in each matters, the mode of appropriating the fruits of the dredging for oysters having been practised by dividing the same continually, as soon as received, among the proprietors, without any reservation for a fund to dis charge the debts or other public necessities of the body corporate, and the distress to poor persons, chil dren, and apprentices, in being ordered to refund. Some witty remarks were made at the Bar on the inequality of the division of the fruits, the one con tending that his clients had the shells only, while the contorts 91104 elsewhere; aad the other side contend ing, his dims had neither the shells nor oysters, wfiich was 'a worse distribudea of the spoil. The LoitoCHADERLLOR was clearly of opinion that this.was is fact a Corporation, notwithstanding the obscurity of its origin, and that the Plaintiff was en. titled to his debt with all costs to this period. As to the distreu of children apprentices that had immuni ties in the Corporation by contributing towards the creation of a fund to pay debts and other necessary expenditures for use of the body corporate, that was incident to every Corporation, and must be complied with in this instance. His Lordship ordered a reference to the Master to settle the establishment, unless due satisfaction be made or offered to the Plaintiff, to save the vast ex pense, and which, if he refused, Would be rerpember. ed against him finally, on the question of future costs; adding, that the terms of compromise and refusal, if any, might be again mentioned in Court. Judgment was given for the Plaintiff. IN RR—BANOOR CATHEDRAL. Sir SAMUEL ROMILLY stated, that some time ago application had been made to his Lordship on the part of the Choristers of Bangm Cathedral, coin. plaiting that the Tithes of Liandynen parish, in Wales, which bad been granted by an Act of James 11. to repair the fabric of the Cathedral and to sup. port the Choristers, bad been perverted from the ors. email intent and meaning of the Act of Parliament. His Lordship had decided at that time, that the tithes in question had been misapplied, in consequence of their Having been employed to purchase silver eao dlestieks for the convntudon table, and paying for coals and erections iv,- and about t he Cathedral, not connected with ths.sepport of the fabric itself. In consequence of the respectable elaramer of the Dean and Chapter, who have theregu lation of these tithes,' his Lordship left theximvei to give in a new dispesition of them.-Mlit Sasend,Rontilly now eta— ted, that they harigivenia a of the diets:ea of the tithes, which thirsted WM lir nothing foe* the former. By the Act one4biya of this tithes were to go to the support of the choristers, and two-thirds to re pair the fabric of the cathedraL Now the new scheme mentioned , two Vicars-Choral mil four Choristers, two Sacristi, a'Clock-winder, Church-yard , k ee per, as aceepofing the quiir. !The Vikats•ChOral. however, that seosived 5490 a-yearnaith etas of these tithes, were no other than the. Eedeshistical Vicars, who performed the Church services wittiont• either singing muting, and therefore !Mader be Wt.. of the Char; beide% *tcclesirstical Vi ears, they enjoyed one thousand pounds . alear each. The cl ock-w also could surely not be considered as forming • part of the choir. The LOW CHAMCIILLOA sailt Is was no judge of the component parts of a Choir; bat be thought be hrid beard Mr. Moore, on great days in St. Paul's Cathedral, become as musical as he well could at the end of verses in the service and Psalms. And he believed (but he might be wrong) that the service, should be so utteved in all cathedral churches. Mr. Haar, on the other side, contended that the jurisdiction in this case irri o e t Zt i t Attlildshop dean. teabnry, and nor in his Sir h. /Lomax said, that application hal bees " •‘• • e /}ANS Marie to the A 416411011 of has le. fowl to hove any thing to do with its )besides, the Itstiedictiqyb was settled. in conseqaence of his Lord. shies having given it previous decision in this case. The Lola) Cnallott‘Lou said heelsould let this case nand °vet ih order to make himself more suffi ciently acquainted of what were the component puts of a Choir", COURT OF KtNOl BENCH, FEBRUARY S. ROLL Of ATTORNISS. Mr. ADOLPHUS moved drat Mr. John Frost, a gentleman who had been an Attorney cif Court, but whose name had been ordered by the Lord Chief Justice to be struck off the Roll, he having been con victed, and received the sentence of the Court, in 1793, for seditious expressions, should have his name replaced On the roil, having since that period received a free pardon from his Ro7al Highness the Prince Regent, add there not being any other ground of complaint against bins. TheCotnrr agreed, that the pardon reponed the party convicted against all the effects of the sentence paised upon him. It did not follow, however, as a necessary consequence, that he must also be replaced on the rdll of Attornies of that Court, the more par. titularly as s want of practice and experience in the profession, for so long an interval as twenty-one or twenty-two years must necessarily have induct@ a great degree cf unfitness fur the duties of the office, which could not be supposed to attach to an Actor. ,net on' his fi rst applying to be plactil cif" the Rolls. Motion refuted. • • TILE KIR° V. JOSEPH JOHNSON. The Defendant in this case was found Guilty, at the late Lancaster Assizes, of embezzling the sum of 49. IBs. 6d. the property of the Trustees of the Liverpool Docks,' by whom he had been employed as clerk, and, in consequence, received sentence of transportation for 14 years. The Defendant was, on Saturday last, brought into Court, in custody, when lie delivered to the Clerk of the Crown Office an as signment of errors on his indictment—and this day was appointed to hear the arguments of his Counsel, in support of the objections taken. Mr. WILLIAM, who appeared for the Prisoner, stated, that the alleged errors arose on the following points contained in the indictment :-Ist, That the Prisoner had taken Bank Notes to the value of nine pounds--2d, That these bank notes were the property of the Trustees of the Liverpool Docks —and 3d, That he had embezzled the same, and converted them to his own use. With respect to the first point, he contended that there was a defect, inasmuch as the number of nonrs, forming the gross sum, should have been specified—but here it did not appear whe- ther the aggregate was formed of nine one-pound notes, or what value the different integral parts of the whole sum bore ; and it had always been held, that, in cares of larceny, the chattel taken away should be specifically described, whether it was a bill, note, or bond; and even in chaser in action, the particular chose must be clearly stated. As to the second point, the Learned Gentleman submitted that the premises necessary to constitute a larceny' were not fairly laid down—since it did not appear in proof that the bank notes had ever become the property of . the Trustees of the Liverpool Docks. And, with respect to the third point, he argued, that there was evidently a inifjoinder ; one count of the indictment charging the Prisoner with grand !army, which, al tipmithe might plead benefit of clergy, was, in- a TegaT pnint of view, an off enee punishable death; and a second, alleging that he had commit ted limy larang, which could only be visited with transportation. Mr. CLARKE, in support of the conviction, opposed, at considerable length,- the arguments of Mr. Wil liams—who, in his reply, forcibly defended the posi tions he had originally advanced. The COURT, however, held that the conviction, under this indictment, was good. They were of opi nion, that, both with respect to species, number and value, the property was sufficiently specified. The species was bank notes, the value nine pounds, the number nine. The premises, to constitute a larceny, wire, it had been contended, not sufficiently express ed. But it appeared to them, that they were ex pressed quite lull enough to satisfy the intention of the Legislature. The Prisoner was set forth in the indictment to have been employed in a confidential capacity by these Trustees, and be was accused of having received money on their account, which he had embezzled. It was not necessary, , under the Act of the 35th of his Majesty, to lay down mote extended premises. The last error assigned was that of a wisjoiader. Now, it bad been the practice, for many years, to comprise, in the sante indictment, counts for the greater and the smaller larceny.— Thus, in the case of stealing King's stores, the elrence was punishable as a grand larceny, if the lagers property were new—but, if it were one•third sienn a the punishment was much less severe. Yet, it was constantly the practice to introduce into the in. diconent a count to meet each offence. On whole, the Court were of opinionohat the objections were not g?nd 11he *limier, who appeased- in Court with his .islhas on, was, in consequence, remanded. . : TM/ assn 1411. A yule aki had been obtained ler d crimi!tal Wet =don, against the , defendant , sibs is anaagistrate • the county of Lancaster, upon affidavits, stating that be had refused to license a public house from motives of private pique and animosity. Mr. A.TEORRIKING/RIRRAL and . bIe.SCARLETT show ed cause sgainstthe rule. It appeared that the pub & boom was *heated . very sear to the chapel at which the Gentlemen did duty, and et be used ragt v rA r rZ li put up his horse at it. , en. taccasion, bywever, a waggon belonging to the owner of the public•house was coming one way, and the clergyman was going another, and they came NW *NOVO to give vise to some misunderstanding between ihne, in which the owner observed, that the hurts rod in the public-house was not a public one, and:slirebe defendant had no legal right to it. The thiesiiiint replied. if it was not a public road, he thought there ought not to be a license for a public house. This took piece in April, and in September following, when the tenant applied for a renewal of his license it was refuse 4 him, until some explanation ' had taken puttee respecting the right of the public to the road in question.. Having given this explanation, she license was still refused, when, the owner of the house wit his Atsarney to threaten the Megionsei " .7r s. = ---- z ` -- . . .1... A -...,. .....=_.? f . • - Pillika Coilst-of Irktei to n compel them to'grant the !lecture. The Magistrate' offered subsequently to grant the limner bet neitl cr the owner nor tenant if the house :dal the necessary steps td obtain it, until after the period for licerising was expired, and the hOuse remained empty. Mr. TOPPING and Mr. LITTLIOALB. on the other tide, contended, that the defendant h a d hi ms elf re fused, and had influenced his brother Magistrates to refuse a license for this house, which had been a pub lic-house from time immemorial,* refusal made under, circumstances which must infer private pique; *ad 110 t arise irom public principle, and trusted their Lordships would send the case to be inquired into by a Jary, especially as the defendant in his affidavit had not expressly negatived the charge of malice which had been made in the affidavits on the other side. The Court said, thodgh they did not approve of the conduct of the defendants, ,there was something wrong in the other party in threatening, end neglect; ing to obtain their license, when it appeared they might have had it if they had attended. Under these circumstances, and especially as the party might be proceeded against by indictment if there wis good ground for it, they should discharge the Rule fur Criminal Information, hut without costs. Till KING 9. INHABITANTS OF BURTON-UPON.TIHENT. This was a question as to the legality of an Order of Session made for the removal of a female pauper from one country parish to another. The pauper had gsiaed her settlement by marriage; and the objection to her removal to her husband's parish rested on the alleged illegality of the marriage. The husband, it appeared, had, previous to his marriage, been in the army, but had deserted, and went to reside in the village where the pauper, then a single woman, lived. Here, for the better disguise and security, he changed his name, and after a residence of 16 weeks, married under his assumed name. It was now contended, that this was not a legal marriage, and therefore could not confer a settlement. Lord ELLINSOROUGH, however, held, and the rest of the Court with him, that this was a legal marriage. The pauper had resided 16 weeLs in the place . whetis he was married ; he had obtained a name by reputa tion; and under that name he was married. If lie had assumed a name, it certainly was not for the purpose of deceiving the young woman whom he was about to marry, but it was for the purpose of avoids. ing his Majesty's service. The, marriage therefore was valid, and a legal settlement was gained under it ; the Order of Session. therefore, for the removal of the pauper and her children to the husband's pal rich was good, and must be affirmed. SHERIFFS COURT, FEBRUARY 8. BRAY V. CLARK AND ANOTHER. This was an action brought by the plaintiff, for illegal distress of goods, in which it appeared that the defendants bad issued a warrant in error, and levied a sale. Remonstrances were repeatedly given by the plaintiff of the injustice of the proceedings, but dis regarded. The defendant had suffered judgment to go by default, and the Jury being nuw called on to award the dathages, returned a verdict of All& and costs. the proposed Bill for establishing Trial by Jury, in Cicil cases, in Scotland, was taken into con sideration last week by the Faculty of Advocates, who determined that the unanimity of the Jury was not necessary, but that cases might be decided by a majority of the impanelled. The Calico Printers in the beighliourhood of Carlisle, who have so long been combined together against their own true interests and that of their em.. ployers, which are so intimately connected, have re turned to their work, having become sensible of their error, and thrown themselves entirely upon their masters' clemency. A circular letter has been addressed by Mr. PEEL to the Magistrates of the•principal ports in Ireland, stating what has been already made known here, that for the purpose of enabling the merchants and manu facturers of the United Kingdom to avail themselves .of the earliest period of the opening of the markets of the United States, directions have been given to the Governors of Nova Scotia, New Brunswick, and Bermuda, to permit British vessels arriving at any of those places from the United Kingdom, with goods intended for the United States, to proceed to the ports of those States as soon as the Governors shall have received due informUtion of the ratification of the treaty on the part of the American Government, and with a view of enabling the Merchants to dispatch vessels to the colonies above mentioned, there to wait the ratification of the treaty, it has been recommend ed to the Lords Commissioners of the Admiralty to appoint convoys from the United Kingdom for Nova Scotia, New Brunswick, and Bermuda, at the earliest Bible period that the season will permit. •ROTAL ACADIMY••••LECTURIS ON PEMINTiCTIVZ....• M Tunisia delivered his concluding lecture yes . evening. The subject of lien and shade, web , had been commenced in the farmer lecture, wee continued in this. The former part of the lec ture was chiefly devoted to observations on reflection, in ebe eourse of which Mr. Turner remarked, that in highly polished bodies, such as bright armour, the light is very strong and narrow, the shade is very .dark, and as also narrow, and they have-vutoereue reflects. In dim bodies, . however, as old rusty ft. moor, the contrary of this effect is observed ; the light is weaker, but broader ; the shade is lighter,or at least there is not so great a difference between the light and shade of such bodies as there is between the light and shade of polished bodies, but the shade is broader, and the number of reflects diminishes, in pro. portion as the dimness of the body increases. It bad been said that water. in a general sense, was possessed of the same properties as polished bodies, but there are striking differences, with regard to its colour, its motion, and its want of reflects; Mr. Tur ner entered next into the different accidences of light and shadow in glass globes filled with liquids, which he demonstrated by some very beautiful drawings.. He next proceeded to make some judicious and - very useful observations on back rounds and ;Wild per. spective. in the comic of the lecture the Professor remarked, that parallel perspectiie being expressive of simpli city of form, it is more suitabk fr r subjects in which grandeur is required than oxides.' perspective. Nu. wieaons angles and ersecseoei destrdy emptier) , of form, and are 13401,, "kited *to those subjects in which contrast and verba .nrerequiiiite. 1, . lOW P .11111111