Star. — London, England, 1827-07-13 00:00:00

(d w here c procetsied tO inspect the :ctallig' o,fice, re was received by Commissi. V net u Sir r J. csordnn, and the Officers of that establishment. Hier haring inspected the whole of thestores, dec. his goial Highness returned to MoUnt Wise, after a day dont activity and exertion. In the evening hisßoyal 'Philos honoured Major General Sir John Cameron, with his company to dinner at the Lieutenant Governor's Kruse in the citadel, where a select party were invited te / wet his Royal Highness. At a little after six o'clock, o uies were posted at the corners of the streets through' which his Royal Highness was to pass, and the:avenur toiling from Hoe-street to the citadel Was lined on each .Je by the 9th Regiment. About seven o'clock, his l e o Highness; attended by Earl Noithesk, art ived in ,h e Ea, carriage and fent, and was received . alOng • th e lineand at the gate - with a general salute. Imam. iittely on his Royal Highness's passing the inner gate eftheCitadel, the standard was hoisted, the guns on *ramparts conimenced*Riing a Royal salute, and the b l ed struck up God save the King, which was continued 'artist his Royal Highness deXcended from the carriage end entered the honse. An immense concourse of people of all classes thronged the streets through which' Sit Royal Highness passed, the house tops were covered with spectators, and the most enthusiastic cheering be. teshe the feeling with which the Royal visitor was w elcomed to the ancient and loyal Borough of Ply mouth. Between 10 and 11 o'clock his Royal High. " ss l e ft Citadel, and returnesl to the yacht, having in his wai hontsuredwith a visit • Mr. - Backwell's baths, u,der Mount Wise, and which were tastefully illumi rated fir the occasion. ' Yesterday his Royal Highness inspectid the Dock prJ, and in the evening entertained a large patty at date on board the yacht. Tickets were issued to the Admiral and General, the Heads of Departments, and the Field Officers of the Army and Royal Marines.— Ibis day his Royal Highness will inspect the Royal Maine Corps in the Barrack-square, at ten o'clock, in' betty marching order, and also the quarters; after which his Royal Highnesi will partake of a ddeune with the Officers in their mess room. At two o'clock the corps will march to the Hoe, where they will be reviewed in light order by his Royal Highness.— lo the evening his Royal Highness will dine with the Plymouth Natal Club at Whiddon's • Royal Hotel. To-ny rrow his Royal Highness will inspect tie Royal Naval Hospital, Gunwharf, &c. and in the evening dine with the Mayor and Corporaticin of thisdorough. On Saturday it is presumed that his Royal Highness will go to meet her Royal Highness the Duchess of Clarence on thenew Totnes road; .and that returning, these illustrious 'Persons will open the New Laira Bridge, an event which is expected to take place between four and six o'clock in the afternoon.— Sonday their Royal Highnesses will attend Divine Ser vice on board the Britannia flagship. His Royal High ness the Lord High Admiral will see Officers at 'the Admiralty House, on Saturday and Monday next, at nine o'clock in the morning.• His Royal Highness in tends making the yacht his residence, until the arrival . aF the Duchess. We have been informed that her Royal Highness the Dachess of Clarence will, on Monday next, give audi ence at Mount Edgecumbe to the Naval Officers in commission, and their Ladies. His Royal Highness is accompanied in his visits by the Earl of Errol, Mr. Sydsey, Col. Fitz-Clarence, Rear Admiral Sir E. Owen, Wit th Doaglas, Mr. Barrow, and Sir Wm. Hoste. %have much pleasure ih stating that the Committee of tbeßymouth and Devonport Royal Regatta have mired a letter from Earl Northesk, stating that his Lordship has been commanded by the Lord High Ad miral, to inform them, that his Royal Highness has been pleased to give a cup of 50 guineas, to be sailed tor at the approaching Regatta. The Field Officers of the Garrison, met yesterday rurniig, to make arrangements for a dinner, to the Lend Hugh Admiral. While we announce the arrival of the Lord High Almiral at this port, we cannot refrain from expressing oar heartfeltpleasure at seeing hisßoyalHighness looking xi well, and in such excellent spirits. His Royal High ue rejoice to say, is in perfect health.—Plymouth Jourtal. CHELTENHAM, JOLT n. Dis Duke of Glocester visited the Charitable Repository, estab bltd in this town for er.couraging Industry, and for relieving pri me disnew, and presented the Inctitution with a liberal donation. Ha final Highness has also contributed to others of our local In since his arrival here to drink the mineral waters. COKONER'S INUEST ON THE UNFORTUNATE SUF FERERS AT MDR& LET BANK. In order that the bodies of the unfortunate sufferers might be interred, the Coroner, J. MILNE, Esq. held an inquiry on view of them on Sunday last, at the Star and Garter Inn, in Tyldesley, when the following wit wises were examined : John Lever, a mechanic, deposed that, a few minutes before six o'clock on Friday morning, the 6th instant, Le was in the engine-house of the factory of Messrs. Kettiley and Co. cotton-spinners; he had thought some. tb, Ug was wrong, and was telling Guest, the engineer, "suspicion s , when suddenly the boiler nest to the old k tr'll burst, and blew up all the rooms that were situ ated about it, causing the deaths of John Guest, the engi. neer, and nine of the seventeen girls that were working in thehighest room; he has since examined that part of the Vsiler which remained uninjured, and found that the vital catastrophe was occasioned by the deceased Win. G "stharrng ,, mated to open the valve. The deceased was it sober, sW u l and steady man. John Stanfield, manager of the factory in question, vas Lest examined who said, that at the time of the accident he WAS in his own house, which is near the fac tory, and hearing a most tremendous explosion, Ire no out, and ascertained that the boiler had burst, , d blown tip part of the factory. The engineer !as lying dead near tire door of the engine.house, and 1,'1114u several of the wo r k peo pl e wer e buried under _ ruins, be got a ss i stance, and use d every exert i on euricate the unfortunate people; this being done ;t C overed that th e eng i neer h a d not drawn out Covered To the best of his knowledge the boiler, 0 ) rs" to i ts bursting, had not been used for a week. 1 ,: .sursday he and the engineer set the boiler a-going; rt were three boilers, but generally never used snore sera" two keeping the one in reserve. 'sli bents all the evid en c e t h a t wa s Seemed neces a,l4 Jury immediately found a verdict in the case til and all of the persons killed..." That the de :bed died i n consequence of injury received by the , 4 1) : 44 ") of a steam eng i n e b o iler at t he c ot ton wor k s hoinas Kearaley and others, at Tyldesley, in this l ~ u orl' —l l lantAwer Herald, July 12. ,iifici A. t th et Or of er high with VvIISI IC OW lIIIC loch ride lel' the the! iiste of th der band Oil end Pel bit 11 rich ef ok welt ir.oll nes. in h moth anti Ye prJ, dine Ado' the F Ibis Mali' beat+, ohl with Chic mit In t the Hot the ewer this Roy the that New plat San vice nest Act nine tenet aft Ai Dec MC! Mg xto SO 14 of rem Lot air bee tor 1 roa La I Ai oar to net Joe • 1 II vu th t sir I • 0 i a ' asi I an i an we be he KI th hi 1 a n th • lc 4 Id G a ve 4 h' 2 ac n ti . e t t I i 11 1 1 I 1 1 • NAVAL INTELLIGCNCE. Extract of a letter from then to Lloyd's at Genoa, dated 4th July:—" The Mina, GiRDMIR, which arrived here oh the *Bth ultimo from St. Thomas's, heard a strong cannonading for three hours on the 23d, off Cape St. Sebastian, which proceeded front five vessels engaged with seven." PAP" Jour 7.—A letter from Cate states that the Mexican squadron have escaped from Key West, where they were blockaded, and are cruising in the neighbourhood of the Havannah. They have already captured five veesels, richly laden. Aut., Jocy 12.—Wind S.S. Et—The transport brig A K passed from the Westward this morning. Ponvsmourst, Jinx IL—Wind 8: to S. by E...-Arrived the Doncaster, blicutu from London to Jamaica. _ _ _ PLTNOI7TII, „lota ll.—Wind W.--Arrived the Courageaux. Ouvca, I.anion, and Paragon, Ross, from Bremen. Off port, the Amphitrite, Thomson ' from Parnou. JOLT 12.—Dtsrxrcn.—The Right Hon. S. IL Loam/own' ar rived here front Portsmouth; by the Brunswick steam packet, a t ten o'clock on Saturday last, having left Brighton only on the pre vious day, and proceeded in-tir evening, on beard his Majesty's ship Herald, Captain Amer, for India, to assume the Governor ship of Madras. Captain Dann Marty/on, R.N. is appointed Inspecting Com mander of the Coast Grard for the Kingsbridge District, vice Captain Put:mann, whole period of service bas expired. Lieuten.Nnithe Hein. &M it STEWART is appointed to the Dart mouth, vice the Hon. Mr. Casson. • . . - The tarlinteutter, Lieutenant PIA RI, arrived on Monday from Portsmouth, and returned on Tuesday. The Procris, 10, Hon. Captaia WALSIG 14 , 11, arrived on Mier day from the eastward. Remain in Hamoaae.—The Britannia, Ocean, Windsor Cutle, Medina, Procris, and Plumper. In Stonehouse Pool—The Royal Sovereign and Admiralty yachts. In the Sound—The Dartmouth. At the Island—The Weazle, Royalist, Leveret, Renard, Vigilant, and Nightingale. SPORTING INTELLIGENCE. BETTING-ROOM, TATTERSALL'S, Jair It. The settling for the July Meeting took place yesterday, and went off very quietly. The room was but thinly attended, most of the Sobseribers keying gone from Newmarket to some of the provin cial meetings. Betting was slack, and the alterations upon the whole of a eery trifling character. A few horses are talked of for next year's Derby; but the only bet than can be quoted, is the met stated beneath. When the betting on this stake. begins, the follow ing horses are likely to head the list ;Hampden, Zealot, Shoveler, Druid, and the Colonel; the latter. is expected to come out in the York August Meeting. The few changes that have taken place may be collected from she following statement of odds when the room closed at six o'clock- DONCAItI2I ST. LAMM 5 to 1 apt Mameluke 18 to I agst Match 8 to 1 agst Granby 13 to I apt, Antiope 11 to 1 agst Nonplus . 30 to 1 apt Pedlar 13 to 1 agst Reviewer 30 to 1 apt Lumley's Tramp c. IS to 1 apt Matilda 40 to 1 apt Translation 18 to 1 apt Lunaria No other; mentioned. 1000 even the following twelve apt the field—Larissa, Druid. Hampden, Zealot, the Colonel, Bernardo, Amy, Shakspeare, Nep tune, Bogle, Quail, and Shoveler. NEWMARKET JULY MEETlNG.—Coacsonao. The following are further •particialars- of the races on Wed nesday— . First Raoe.—The Plate. • The betting was 5 to f agst Nonsuit, 3to 2 agst Grampus, and Bto *apt the winner (Rhoda). Gram pus went off with Wheatley at hand, the other four lying close be hind ; thus placed, they ran to the Duke's Stand, when Nonsoit get in (rout, and kept the lead for a short distance; Rhoda then came up; a pretty tussle ensued between these three.till a few yards from home, whew Rhoda parted company, and was- in first by a length. Rode by J. Robinson, Grampus by &null, Nonsult (who was placed third) by Wheatley, Pilot by Edwards, Mr. Hunter's by Buckle,and Monody by Barnard. Second tace.-,The Two and Three-year Old Stakes.—Besides those mentioned by to yesterday, the following also started, but were not placed— The Duke of Grafton's gr. c. by Skim, out of Rowena, it yrs; Mr. Rogers's Whimper, by Woful, 3 yrs; Lord Jersey's f. by Galusboreugh, 3 yrs; Mr. Hunter's f. by Gustavus, out of Pea. blossom, 2 yrs; Lord Anson's 1. by tiustavus, out of Sister to Miracle, 2 yrs; Mr. Stoneheover names gr. e. by Mr. Smith's Arabian, out of Epsom Lass, 2 yrs; Lord Wharncliffe's f. by Comus, out of Petairaria, and Mr. Itedsdalr's 1. by Blacklock, 1. by Cervantes, 2 yrs; two Subscriber* did not name. Betting-5 to 2 apt Rowena, and 3to 1 agst the winner (Ran. tipole). They all came off together, and for the first part of the race, it was either for choice, several of them taking alternate leads, at strong running, and it was not till within a distance of ending that the winner came out, when he was accompanied by Air. Rush's Pentagon filly and Whimper; these three ran the remainder of the ground so remarkably true and close, that Rantipole beat Pentagon by a head only, and Whimper (though net placed) was only a head behind Pentagon. The winner was rode by a lad, Pentagon by T. Robinson, Whimper by Wheatley, Rowena by Young Buckle, Gainsborough, f. by J. Robinson, and all the rest by lads. The Handicap.—Noureddin was the favourite at evens against the field, and 3to 1 against The Moslem. This was a short run race, and won cleverly by Noureddin, who was rode by Robinson ; The Moslem, by Ansa; Lionel incolo, by Goodson; and Zoffania, by Buckle. Fourth Race.—Betting sto 4 apt Fawn. The first running was made at a good pace by Chifney's colt, who, however, soon died away, and gave place to Abigail, who maintained the lead till within a few lengths of the chain, when Fawn took op the running, got ahead, and won very cleverly by a length—rode by Goodison ; Abigail, by Wheatley; and the other two by boys. The Races, though limited to three days, have been unusually good, and have amply made mi for the deficiency in number. LANCASTER RACES, Jut.r 10. The Town Plate for dao. Three yr olds, 6,t. 101 b. four, est. five, est. alb. six and aged, est. 121 b. Two milt heats. Mr. Robinson's br. c. by Grey Walton, 3 yrs . . 6 1 1 Mr. Simpson 's b. f. Young Duchess, 3 yrs . . 2 3 2 Mr. Wilkinson's b. h. John teGaunt, 4 yrs . . 5 3 Mr. Wyvil's eh. e. Smacksznowth, 3 yrs : . . 3 5 4 Lord Derby's br. e. Necromancer, 5 yrs . . . 1 4dr Mr. Bradshaw's b. f. by Don Juan. 3 yrs . . . 4 6dr Mr. Wilkinson's ch. f. The Marchioness, 4 yrs . . dr V/ LDNILIDA Y. A Gold Cup, value loop. added to a Sweepstakes of 10 sovs. each. Three milts. Mr. Nowell's Lonwaist, 6 yrs . . . 1 Duke of Leeds's b. h. Croweatcher, 5 yrs . . 2 Dockry rode the winner. The Duchy Stikes of 25 sovs: each, for three yr *Ms. Mile and quarter. Mr. Wilkinson's ch. f. by Octavian . I . • 1 Mr. Darnell:s b. c. by Walton . . . 2 Lord Derby's b. c. Necromancer Mr. Clifton b. c. Sibeedock . . Mr. Nowell's ch. f. by Comes . 5 Shepherd rode the winner. Fifty Pounds given by the County Members. Heats two miles. Mr. Simpson's b. c. by Comm, 4 yrs . 1 0 1 Mr. Robinson's br. c. by Grey Walton, 5 yrs . 0 1 2 Mr. Johnson's b. f. Vesta, 4 yrs . • 0 2 3 Mr. Wilkinson's ch. 1. The Marchioness, 4 yrs , 2 0 4 Jaques Mlle the winner. There is, from all accounts, the likelihood of an ex traordinary quantity of Game of every species this yen, but more particularly of partridges, the coy, ys of which, we understand, are unusually numerous and large. A cube of gold, of lade more than five inches on each side, contains the value of 10,000/. sterling. SMITHFIELD MARKET, JuLY 13. With the exception of Mutton, which . 11 about 2d. per stone cheaper, we do not observe may variation of moment in the price of meat from Monday's report.—Btasts, 425 ; Sheep, 12,280 ; Pigs, WO; Calves 424. Beef, per stone, 4s. to Ss. 4d. Mutton, 45. to 4s. Bd. Veal, 4s. to Ss. Bd. Pork, 44. to 5.. 4d. Lamb, Si. 4d. to ss. Bd.—Hay, per load, £4 Sp. to £6. Clover, £4 101. to ,C 8 15s. Straw, afit 4s. to £2Bl. CORN EXCHANGE, MARK-LANE, JuLr The continuation of fine weather and the favourable accounts from all parts of the country of the different crops, have caused a great heaviness on our market, and Monday's prices were more frequently asked than obtained ; but upon the whole we must quote nominally as on that day. _ . Importations since Monday-3,i30 Quarters of Wheat, 3,580 of Barley, 13,010 of Oats, and 3,500 Sacks of Flour. CASTICIUMILT,Jecv 12.—The fine hot weather has evidently im proved the liar WA& neighbourhood ; the vermin has decreased, and the duty here ia at aLki,noth ‘i•* COURT OF CHANCERY, JOLT I. re TIM MATTE& OP POOP AND CROPS STORM, WICIOUPTIL Mr. Suov&w moved that this matter might stand in the paper for Saturday. It was of much importance, in consequence of the nature of the property, that it should be heard forthwith, the point being short too. 1111 ATTORVIT-GIVIRAL V. LORD ITOINAK. The LORD CHANCaLLOR gave judgment in this ap. peal, from a decision of the Master of the Rolls. The questioh relited to the identity of a piece of land c2lled the Hall'Plarts. His opiniun was, that from the expla nation that ,had been given at the 541 e of the lands coming uncles' thiVderiomination, the lends in question had been fully identified; and that the decision of the Master of the Rllls had substantially decided the ques tion: This having been so, the Court dismissed the appeal witli costs. CHAIIIHRS V. .WATIRS. Mr. SOODEN stated thit this case bad been often heard before the lite Lord Chancellor, and that on the last occasion it was proposedibat unless the defendant, who had been a long time in 'contempt for not putting in his answer, and had been in France, did not pay the costs of putting in the answer, and put it in within a given time, an order should be drawn up, dismissing all the motions Mr. Taylor had made in the course of the cause, with costs. He hid not paid any costs yet ; the time for putting in the answer had long gone by with .out its being put in; he was still in France; and the present motion was, that an order such as had been proposed might be drawn up, unless the answer was put in; and the costs paid, within a week from this time.—Motion granted. • DE VIM! V. NOBLE. Mr. SUODEN stated' tlfat this was a case that had been heard by Lord Eldon, who, it seas expected would have given judgment in it : but on having been applied to for it, his Lordship had sent back the briefs he had, with this endorsement—" This case having been only part heard before me, and it having stood over at the request of Counsel, it is, as far I am concerned, done with." Consequently. the present application was, that 'the cause might be allowed to go into the present Chan cellor's paper.—Leave granted. MORRIS V. DAVIS. The Common Law-Counsel having attended in this case to-day again, the motion for the new trial pro ceeded—this lining been the third day occupied by the motion. VICE-CHANCELLOR'S COURT, Jac: 12. DC DICAUVOIR AND RHODES. This cause, which has been sd repeatedly before the public, again occupied the attention of the Court to a late hour. The VICE-CHANCELLOR said, that as he could not comprehend the principle on which Lord Eldon had proceeded in this cause, he should recommend an appeal from his (the Vice• Chancellor's) orders to the next Court. If the parties were nut satisfied there, they could carry the cause into another place, where the great Judge (Lord Eldon) who had so much to do with it would have an opportunity to explain the grounds upon which he had proceeded, and the views which he had taken of the siabject.—After disposing of a few motions .of course, his Honour rose. COURT Ol► KING'S BENCH, JOLT 12. • TUBBS O. THIS MARL 07 BREADALBANIL This was an action brought by the plaintiff, the pro prietor of the Mansion of Harlesden House, in Middle sex, to recover damages for dilapidations committed by the Noble defendant, while he occupied the house as a tenant. _ _ _ The Aviroorral-Grwittar. and Mr. MARRTAT con ducted the case for the plaintiff; and Mr. Castrana. appeared for the defendant. There were severals counts in the declaration, claim ing damages on account of a quarter's rent, and on the ground of injuries sustained, trom the land connected with the Mansion being thrown out of cultivation; but they were ultimately abandoned in the course of the proceedings. It appeared, however, that his Lordship took possession of the premises in question, in the year 1819, under an agreement that he was to take a lease for 21 years, determinable at the end of seven or four teen years, if his Lordship pleased. A lease to that effect, and containing besides a clause by which his Lordship was obliged to account for all dilapidations committed on the premises flitting his occupancy,was en grossed by the plaintiff's attorney, and signed by the plaintiff; but . when. it was sent to Lord Breadalbane, he, under the advice of his solicitor, refused to give its terms his asseat,although he did not give any notice to the plain tiff that he made any objection. In the year . lB26, how ever, his Lordship left the house according to one of the articles of that lease ; and the premises being then examined by a surveyor, it was found that they were injured to such an extent, as would require 2061. to put them in theii former condition. His Lordship hav ing refused either to make the repairs on his own ac count, or to pay for their bring done by the plaintiff, damages were now claimed to that amount. On the part of his Lordship it was contended, that the premises were in a very bad state of repair when he took possession, and that he had expended a con siderable sum in rendering them habitable; but it came out that he had never made any demand for these repairs, excepting one of 281. a sum which the plaintiff instantly paid. Under these circumstances, Lord TENTERDEN told the Jury that there were but two points for their consi deration, First, whether they thought his Lordship bound by the terms of the lease, although be had not affised to it his signature ? and next, if they thought he was bound, whether they considered the damages rea sonably estimated? The Jury, after a moment's consideration, gave the plaintiff a verdict for the 2061. which he claimed. LANGDON D. WILSON. Mr. CoMYN opened the pleadings. The declaration, consisting of several counts, charged the defendant, who is an attorney, with negligence in not taking the necessary steps to recover the value of a bill of exchange for 3001. dated the 10th of May, 182.5, drawn by Wm. Pattison upon, and accepted by, Thomas Harrison, endorsed by Hart iron, John Russell, the defendant, and Sir Paul Bagot. There was also a count against the defendant as endorser of the bill. The defendant pleaded the general tssue. The ATTORNEY-GENERAL, in stating the case, said, in reference to the number of counts in the declaration, that it was necessat y, from the circumstances of the c-tse, to direct many art ows against the defendant, and he hoped some of them would hit the mark. 'lite wh t was a manufacturer of black-lead penci's, was compelled to bring this action against the defend ant, Mr. t bade' Carus Wilson, upon a bill l , f 3001. which fell due on Saturday the 12th of November, 182:)., %);::en the bill Was dishotiouted, it nits necessary that the plaintiff should give notice tb Sir Paul Bagot, who had endorsed to him, and Sir Paul would then have`to give notice to the defendant. The plaintiff would have the whole of the 14th of November tb give his notice to Ragot, who would have the 15th to give notice to the defendant, and as on that day the defendant called upon the plaintiff on the subject of the bill, it was impoisible for him to contend that lie had not notice. The fact was, that the defendant, knowing that the kill was di;. honoured, applied to the plaint if on Vie 14 h of No. vember, and preVailed upon him to give up die bill to enable the defendant to get paynserit. The plaintiff had, however, the caution to. get a memdrandont in these words 15th Noteniber, 1825—t have this day received the bill of exch.ihge for 3001. chafed hi Pattistn upon Hartison, bearing my endorsement aft the endorsement of Sir Paul Bagot, which I hold al your attorney to recover the value from the respective parties, or to make such other arrangement for your benefit as may appear to me in my professional Ca pacity reasonable and proper. Charles Carus Wit. son." The defendant, after' giving this memorandum, took the bill, and now he says he has not the possession of it. The Attorney-General was afraid lie must acquit the defendant of negligence, and that the first counts in the declaration, charging him there s ith, could not be sustained ; but he must charge the defendant with having received the money, for hi could conceive nd case in which the defendant would, either as an attor ney or an endorser, part with the bill without getting the value of it. As soon as the notice to prOduce the bill was'proved, the plaintiff was at liberty .to prove a copy of the bill if the' defendant did not produce the original. Either the defendant had received the amount, in which case he was liable on the count for money had and received ; or if he had not received the amount, he was liable, as an endorser, and his not producing the bill would be no protection to him. In e thee ease the plaintiff was entitled to a verdict. A notice to produce the bill, and also to produce various letters, was proved; and a clerk of the defend ant's proved his handwriting to the memorandurd, which was put in and read. Mr., CsfarneLit. contended, that the enemorandOnS Was an agreement, and reqodred a stamp. The ATTORNEY-GINIERAL said it Was no More ad agreement than a carrier's receipt for golds. Lord TEISTBRDza would receive it in evidence; leaving it to the defendant to move if he thought fit. Mr. Ramsay, clerk to Mr. Forestet, a notary, pro. duced his bill-book in which the bill was entered. Wit ness presented the bill fot payment on Saturday, the 12th of November, 1825, upon Mr. Harrison at No. 16, Fleet Market. A man said it Would be Paid on Monday. He presented it for Messts. Hoare, the battlers Mr. CAMPBELL, for the defendant, submitted that the plaintiff had failed in making out his case. It *.s not proved that he had received the money for the bill; and by the memorandum the plaintiff had relinquished all claim against the defendant as an endorser. Lord TINTERbSN—The first" count is prima facia sustained, and th4t is all that is requisite; for if an attorney takes a bill " to recover the value, or to make such other arrangement as may appear reasonable," the parting with the bill without receiving any thing for it is a violation of diet engagement. It lies, therefore, upon the defendant to chew why he parted with the bill. With respect to !aches, the bill was presented for pay ment on account of the bankers on Saturday, it would go back to the plaintiff on the Monday, and the defen. dant received the bill on the Tuesday. He therefore had as early notice as he Was entitled to. Mr. CAMPBELL submitted, that the defendant received the bill as an attorney, and not as the party paying it. Lord TEarafthas—Whether Vae plaintiff, by taking this special memorandum from the defendant, waved his claim to come upon him as indorser? is a question for the Jury. Mr. CAMPBELL then addreised the Jay, and said,he trusted that the defendant would prove invulnerable to all the arrows that had been directed agaist him ; and that the Attorney-General would be much surprised when he became acquainted with the real facts of the case, which appeared to have been most carefully di's'• guised from him. Sir Paut Bagot received the bill from Mr. Russell, and he prevailed upon the delendatit to endorse the bill, which he did without any considers. tion, and entirely for the accommodation of Begot, whp took it to the plaintiff, from whom he received SsLarid no more. When the bill became due, it was presented for payment, but no notice of its dishonour was given to the defendant. On Tuesday the delendant might have had notice, but there was laches on the Monday. When, therefore, the defendant called, the plaintiff said he had no claim upon him as endorser, and gat, him up the bill upon the memorandum. The defendant did all that industry could accomplish to perform his un dertaking. Instead of bringing an action, the event of which would have been extremely doubtful, as all the other parties were probably as much dis charged by the laches of the plaintiff as the defen dant was, he set about getting the bill renewed..... Paulson had become a bankrupt, and therefore it was useless to apply to him ; but on the 15th of November, the very day he received the bill, he wrote to Ru s ssell and to Harrison, and procured a renewed bill dated the 15th of November, at three months, for 3001. drawn by Russell, and accepted by Harrison. Sir Paul Bagot was then out of the way ; but the defendant wrote to Lady Bagot, and did procure Sir Paul's endorsement to the bill, and, more than that, he endorsed the self. This second bill was then banded over to the plaintiff, instead of the first bill, which had been de livered up to Russell. Soon afterwards, Sir Pail Bigot went to Spain, and Harrison becoming a bankrupt, the defendant pressed the plaintiff to prove his debt under the commission, but he declined, and he afterwards pressed him to take proceedings against Sir Paul Bagot, but without effect. In June, 1826, Sir Paul Bagot re turned to England, and was made a baukitipt. The defendant then proposed to the plaintiff to prove for the bill at the third meeting, but the plaintiff would 'not.... Russell, the drawer, had.gone to gaol, and Harrison and Bagot were both bankrupts. It was not, therefore, possi ble for the defendant to do more than he had done. The plaintiff, however, changed his Attorney, and detects his new Attornies to claim the first bill from the defend ant, who was not able to return it, because he had de. livered it up in November, 1825, when he received the second bill. Under these circumstances Mr. Campbell submitted that the plaintiff could not .recover upon any of the counts,—either for negligence, for there had been noire; or on the bill which had been waived; or for money had and received. Mr: George proved that Russell was in the King's Bench prison. He had been iu the rules for some years Witness applied at Russell's request to the delendow tcspccting the bill, which fell due in November, 18V..5. ) 1 4 i i gli f . . i 1 1 . 1 , . I t ', i i ii i . r I ' I .H: , , f. It