Star. — London, England, 1827-08-13 00:00:00

NAVAL DINNER TO TIII LORD lliGil ADMIRAL TRUK THI lIAMPSHIitt TILZOILAPN. The Dinner given by the Admiral*, CaptaitCs, and Commanders ot the Rol al Navy, to his tt..yal flightless the Loan thew Aowntat.„ at the Green-row Room., Fortantuth, was attended by one him sired and twenty Naval Officers and. with VA. Hight non. Earl Spencer K.G. the Hight 11 11. Lord Yarborouvh, bent-Governor Sir Jame, Lion, K.C. and,hisWorehip the Jlayorofthe Borough, (9. Howard, Esq.) by eighteen visiturt. The cloth being removed, The President, Vice- Admiral K. G. Cta.r.sys, proposed " the health of the King," which was drunk with Mar times roar, and the niceit elithusi.imic applause the Rand playing the National Anthem of God save the King," and the battery tiring, by rocket signal, a it.oy4l The ,eat toast given was " the Royal Family," which was drunk With three times three, iii the ino,t alt-ctitmate manner, and with the highest applame. _ . The PMguur>rr then roar, and - proposedi " the health of the dis tinguished Guest present, his Royal Ifighluess the Lord High Admit tos-t was drunk, three dales three, with thunders o f aro: three -alines from the batteries.—Tune, " Rule BiatAnnia." ..... The Louts Mow Ammar. rose to acknowledge the toast— Gasnasecu—As an linglishman, and as a brother Ollicer, I rise with Wings ni pride and of the highest satisfaction, to return my sincere t . hAttk- f"r the manner in which you have been pleased to drink my k.vhlt. Jr would he impossible for me to express ade quately oh,/ I Jo i L el upon HO, occa..itm, hut. Lcannot refrain from the attempt; and, in older that y. , ti may judge of the feelings I wish in rap/tie, you must couriuhr nit, as I am, one of your profession—one of your brother Offic.-r•—otte of yourselves—one who became so irons choice, and from decided preference.— To mit' so many Flag Offier., Captains, and Commanders of hi. .si-rsty's Navy, would h.ve atenrditi me. at any time, the greateai I leasure; but at this moment my feelings are el. ci:,d to ilie high. pitch; 1;:e, doting the last few mor•ths in rarocul.r, ally mind, my . heart, my soul, have been wholly bent upon the Navy ; I have placed it in every point of view, and have waled through all its derail.; and, although my Etentiou ha* here, I may say, incess.ntly directed towards the interest of the service vs. the Lest forty-nine years, yet it was nut unit of late -lest .1 iwir e cniver.cd with so many, or, indeed, nearly all my brother Offic.rs, that I could fully appr elate their worth, both in e.ivou.tiy collectivcly.—Gentlemen, when it pleased the Serve r:ten ut this nappy natitni, distinguished above all others for Its. 11l 4 iiiMe ,Uprl lorny, to decide Loom my joiiiing the Navy, it was se-trimmer - I that it should ion he dolli as owner lit rant, but Oat I should he skilled as a seaman, and that I should not command until I had brtll w.il taught to obey. This, Gentlemen. his been my ptide and my glory. A considerable time has passed, iu which have lie, , its a certain niano,:r, nuanced, or, at least, not so ulti mately connected with the navy, as I this proud and happy iimmem; bur there was nu rime in which I did taut regard its career a Our) with heartfelt satisfaction—no moment at which the in ki,.l3 of • he service were nut dear to toy hearta.bune in which it was not, as it is,. w, my gr..i - est pride, that, as a nodshipto an, I had ratline his AI , jesty's quarterdeck. aluch may he said, co.icertaing at ad, emetics of education, and I du not undet•alue m , y school ; hut since that time 1 nave seen much of men and of things, and, judging front events that have heel, pi udueed by naval 1111:11. I will venture to pionuunce there is nu education to equal that, take it for all in 611, whndi a alluded by the quarter-deck of a British twits of war. Der worthy President, Adinaral Colpoys, whom I dill most happy ti oust now, and whom I have known for forty-three years— a!th,,ugh I kart not seen Mtn sit often during that time as I would Lee wished—has been ple.r.ed to say that the service would de rive belie& from my appointment to the exalted office of Lord high Admiral. It pleased our gracious Sovereign, to whom I hel loCoounded gratitude, solely with a view to the beiwfis of the lor il sitrice, to appoint me to the office, which it is nay greatest pri.!e and greatest pleasure to ti I. It devoting the whole of ni•r tame to its welfare and improvement—it giving all my energies, nay heart and soul, to the tuifilnieut of its important duties; and if the professional knowledge I have obtained amongst en d can benefit the service, that object will lac attained. But as Lord High Admiral, as Admiral of the Fleet, or whatever, in the awnr lit events, I may chalice to be, in all that concerns you I shall ever be the same. My greatest prde, my greatest h ippviess, will he in my commotion with the Navy ; and there is on situ at i on i n which I can be placed that will change the feelings of my Matt to wards it—none in which you would n o t find me devoted to your in. arrests, and still a brother officer. Our worthy President has said, said, that, in alluding to advantages which the service may derive from the office of Lord High Admiral being filled by one my family, that he wished not to reflect upon any previous admi t:oration of our naval .ffairs ; that all to whom these affairs have :eon entrusted bad given proots of their seal and ability, marked Ps a course hf hoprovement ; and each of them had left some .eriniony us other of devotion to your itateresti. I folly Agree wltta there; and although circumstznees, to which I shall not—in fact, saed nut Allude, caused a sort of separation for past years, yet stela :Alen it was rot ; my eye was ever anxiously fixed on the best in :•restsof the service; and now filling the office of Lord High Ad. Vlbl—having the arrangement and the details of the Admiralty Uficebefore me—l must in justice say, not only that the Navy has ten Arm neglected by any administration, but that, in nay opinion, the whole business of the Admiralty must have been conducted es well, or better, than that of any other public cffice under i's Crown. What benefit the service •es which we belong may arrive from the high situation in which our gracious Sovereign has pieced me, must proceed, then, front what I koow of the wavy, ar.d have experienced in it ; itt short, from my being cur brusher officer. But, in any situation, I could not be in visible t., the merits and to the importance of the Navy. It tithe life, the soul, the very cause of our existence as an inde. cadent nanor. What would Britain be without her commerce— maritime superunity ? Gentlemen, leek upon the globe, and compare this little island of Great Britaio--a mete speck Is the 'Keay, with the Great nations of the world, and then con sults in how many parr* of that world our nag is, fur varg:as puileves, unfurled—by how many myriads of its inhabitants our hostage is s; oken, and then let any one ask, how those great sets, .lad ihat vast importance bas been obtained. I will answer, Its the Navy. Look only to Europe—tf the nations thereof pasties* their uwu laws , th• it own governments, their own institutions, with rupetity and peace, or any good which, as independent nations, try may enjoy, after the gig riatic strides taken by usurpation acid fryitlsiti, to whom are they indebted but to England ; and how ea England achieve such thirgs? I will answer, by her navy !- 1 love seen .other countries, but all I Lave seen, all I can learn, serves only to make me mote proud of being an Englishman. And who: has r..iseeltEnJai d to be the arbarees of contending empires wArr pct and pie-eat proud pre-rn:inence I will answer, it was lig navy! Geer that any, over that commerce, without which tritain could, nut rank so high on the scale of nations, it becomes my doer to watch; with a belief that to damp the spirit of com e:lce would be to check that industry of which it is the soul, and of 'huh, auto, the protecting arm is the Navy. Gentlemen, I 1.-sr taken up moth of your time. I have grown warm-1 could tat avoid it. Amongst all the events of my life, in which there been many peculiar occasions of pleasing excitation and oonion, I can rank none above the present. The satisfaction }to have given me in these invitation, the manner in which this bas been given and drank by so many of my brother Offi c",, press upon my mind, and I feel not only the most lively era tut am led into subjects, neon which, if allowed the incli. 'CI of the- moment, I should, to use a sea phrase, " forget the' ,:er, suet let the cable run to the clinch." I place the present iie•orixtt the best, the happiest, moments of my existence. I am r t , w St this table where so many of my brother officers are assent capsble of expressing what they do not feel—as I'aFPY as it i. pc•uhlc tor man to be. I shall carry with me through lite a pleasing recollection of this hoer ; that recollection will soften tb , unbours of trouble and rare : and it will remain wigs me until Ply leen breath. Gentlemen, I have taken up too much of your time. Excuse my enintiuns. Your interests will ever meet my wannest hind. I have the pleasure it drinking to the health of sne of all, not eq'y co ll ectively, for I drink to the health of each and every you. The nett toast proposed was—" the Emperor of all the Rosales," asil , k four times four, which was drank with the highest respect.— h - i.uscli.lT (of the Russian frigate Constantine.), expressed, resperout manner, a very suitable acknowledgment of 0.,,ur int, nded to be conferred us his Eniperor.—Tune—" The 4 -I Toe Peesinest then rose to propose the health of the Royal Con tlietr distinguished guest—•• Her Royal Ilighnesa the Duchess earner;' Ilia !toyed. 111(211,I1$11 rose and observed, whether it was cos. t. ; , et or nut for a husband to return thanks when the health of pl,lesrt.:e dr,.n a ' , he should nut stop t o i nqu i re; b ut h e s h ou ld 6 - 7? j to Lis own feelings, if h e did not express b ow gra. hr was at the manner in which the present toast had been ht a Nn woman on earth could better deserve their affee• nine was there one more ornsibk nor more proud of any . for her. Ile felt that marri age was t h e most k"huarahle and happy bond of union that could exist between i wo : '11 : 14,41 s: it, •a die comfort and prosperity of every wribrudered w v i e involved in it; but, still, it was always regarded as v in -eneral, m a lair much greater degree was it :Le [loyal Fandly—to peramas 55119 stood in `the Mallow In vi rich I.e ,111 to tier frown of these realms. - I hey siert, from Statdreasoirs, Oat wily prevented from exercising their Own judgment, and plating their affections on an obi. ct of their own choice, but of marrying without having once seen the person Intended to he their future conspanioli Inc life. You all tools , (observed his Ileyal 'Highness) with hew much jealousy and anxiety the Royal marriages of this b_ppy island are regarded. But I will only further tablet Ye, that when circumstances rendered it ne cessary that I should marry, I d eterm i ne d to ren d er t h e wi f e of my bosom as happy as I could ; and according to the hest of my belief, that dvermin whin, which was the wish of my heart, has bees at. : feuded by all the effect t hat could be desired. l'very day of my lire Sine* ml union with her.-every leasurehour that I could spare from my offisial duties—has brought some addition to my domestic cum.! forts and happiness. But it ie easy to render those happy,'Who are in themselves happily dilacned. Her worth may he extraordinary— her personal affections nrciy be wrong; and I must also do her the Ostler to say, that her love end admiration of this country. and.fier enthusiastic attachment to our habits, increase with her knowledge of our manners, whilst her attachment to our service knows no bounds. I repeat, that your intetest and weltare will always be amongst the dearest objects of my regard, and I have the pleasure of drinking to your good health and prosperity. Admiral H•LICIETT then gave, with permission of the President, the health of the Right Hon. Rail spencer, K.G." • Earl SIMPICEN returned thanks. -The Loan Hisn Anistam. then rose and observed—Gentlemen, I haver already taken up too much of your .time, but the manner in which you drank the health of my Lord Spencer has excited Ia my bosom feelings which I ant strongly prompted to express; and I ant imperatively urged to express those feelings as your brother Officer—as coricerns the high situation which I now fill— and as a man. To my Lord Spencer's Administration we all feel Mel bted ; hut fur my own part, having had recourse to all the records of uthce, since placed Its my present situation, my ' mind filled, as it always bad been, with all that concerned t h e honour, the glory, and the Interest, of the Navy, and with all that is recorded in the glowing pages of naval history. events, and occur ftnCtS, m oar own times, known to you all, and deeply im pressed tot your memary—still found, trona these document:, much more cause dim I etpectrd, to admire the wise Arlitii• nistration of that Nobleman to ss bons we now drank, and on whom we have bestowed such rapturous anti well merited ap plau.e. With ho.v much anxiity did the country look to the Admiralty, during his Administration, tut the protection its coutnicice, which was it. main stay—lie might say, the source of its existence! And what was the result? T• at thetas y . atter victory added to the hu tour of the nation, and advanced her cause; that successful and extensive c 1111111 l tree abroad SLIMY.. Isted native,,inJustry at home, and produced the most beneficial effects. I wish nut to dispar t ge any victory gained during the last war, but iu whatever way I regard the haittes fought by my Lord Duncan, my St. Vincent, and the Hero of the N.ls, during that Administration—whether I consider the supe riority tat liner with which they had to contend, the aw sul anxiety of the nose;—their imp«r tance to the country, and, in short, all their consequences, or tilt manner in which the flirts were conducted -1 find them runniest to a preference over all preceding. and all sub sequent, victories, not even excepting the battle pf 'Fratalgar. Al though compelled, front all that I know and feel, to give them a preference, I repeat, that I wish not to disparage any; they were all great—all globous! hut having taken up so much of your time, it would not become me now to Cutter into the details which fix my opinion The name of my Lord Spencer with the ideas of our naval glory an noble daring, attach them selves to the recollection* of the II th ut October, the 14th of February, and the hat ut August; I shall therefore propose., as a toast, " The memory of the victories gained off Cana?erdown, Cape St. Vincent, and the entrance of the Nile." Drank with im mense cheering. A number of alter busts were given, among which were—" The Army"—" The [loyal Marines"—" The Council us the Lord High Admiral"—" The Mayor and Corporation of l'ortionotaih"—" Lord Yarboiough and the Yacht Cibb"—all drank with three times three. :f he Lord Iligh Admiral, and most ot the company, retired about eleven, to :Aland the ball at the Itoyal Clarence Rooms. Among the Naval. Lifficers ptesent were Admirals Sir Ro bert Stopford, K.C.8.• Sir Henry Nea.e, G.C.B. Griffith Cul. poyc Preccietit), M. H. Scott, P. lialkett, !,skin Douglas, E. J. Foote, Wall r Locke, J. Gifftrd, T. Alexander, H. It. Glynn, Hon. Sir Charles I'aget, A. Y . —Hollis, Sir Edward N.C. lt. Owen, Hugh Dcwnnsan, and•Hobert Rods ; Commissioner the Hen. Sir George Grey, Bart. K.C.H. and Sir James Alexander Gordon, K. C. B. and one itendred and two Captaiiis and Commanders. Tuesday, on the occasion of the Gosport Address being presented to the LORD HIGH ADMIRAL by Doctor •BUItNEY. his Royal ftgliness took occasion to make several inquiries relative to the worthy Doctor's Act.' decoy, and rem irke,t nit the imptctance of that esta blishment, of which his Royal Highness i. Patron, and paid scone very high compliments t r Doctor liunNev on the vast numbet of bright characters he had prepared for the Navy during the long period of forty years in which he has presided over the Royal A:ademy at Gosport. t:IN Fri LAI till 111 C tot 110 1:c Ihl ell fro 10 Ot t 0 riv fa 1.01 hri ID. du: ♦n l In Chi .41 hr Wh: 1 . /11 1, ft • .!.-t r• I:et ITC •er lee ;•r for I it c.cr hot 'lt XI. 111 In Ste bit St: P 1 b 1 II 11 tt h it 0 f. 1 • I 11Ci th 011 • CI • THE MARKETS. CORN EXCHANGE, MARK-LANE, Armen 15. Our supplies of all descriptions of Grain for this day's market were, beyond doubt, the largest ever known, and the sale of every atticle was greatly depressed. Wheat felt 21. per quarter lower than on this day week; but we had some new 'Wheat, the quality and condition of which were excellent, and sold for 30s. per quarter. Beans and Peas of both kinds were heavy sale at a decline of from Is. to 2s. F et. quarter ; and Oats, front the magnitude of the arrival, were from Is. to 21. per quarter cheaper. In other articles there Is no alteration. Vbear, Kent Sc Essex, 50s 635 I Peas, Grey 46s 48s Suffolk, 50.60 s Beans, Small 46s 48s Norfolk, 48s 50s Tick 44s 43s Rye 28s 34s Oats, Potatoe 2ffs 52. Barley '284 50s Poland 26s 30s Malt 60. 64s Feed 21s 234 Peas ' White 46s 48s Flour, per sack, 50s. 555. Boilers 40s 445 ltapeseed 20s per last. IY lONS LAST Will. Wheat, English quarters 5,683 Ilr;ns,qrs: Do. Foreign 22,883 I Foreign Bemis Barley, British 64 eras Foreign Barley, 16,606 Foreign Oats Malt, British 3,928 I English Flour, sacks Oats 1,181 Foreign do. barrels SMITHFIELD MARKET. Aucruar 13. There is no material alteration in the Beef or Mutton trade this morning, prime Stots reach :is. par stone ; and prime Downs 4s. Bd. Pork continues Sim at ss. ed. to ss. 4d. per stone for the dairy-fed Porkers ; and for large Hogs 3s. Ct. to 3s. 61. In Lamb and Veal there is very little doing, and no alteration in price worthy of notice, Suckirg Calves are 161. to 425. each, and quarter•old Store Pigs 'los. to 16s. each.—Beasts, 2,227 ; Sheep, 26,000 ; Pigs, 100 ; Calves, 252. 1,246 116,903 7,032 40 Beef, per stone, 4s. to Ss. 6d. Mutton, 3s. 4d. to 4s. Bd. Veal, Is. 6d to .ss. 641. s'erk, 4s. to Ss. 13‘1. Lamb, 45. to Ss. 64.—Hay, per load, £3 1.55. to 45 15s. Clover, ,64 10s. to £6 6s. Straw, £2 to Al es. LIVERPOOL, Auo. ii. SCGA 11, ike.—There ha, been very little demand for B. P. Sugar, and the sales do nut reach 200 hhda. at a reduction of Is. in scale quantities. The Brazil Sugar offered by Auction, was not sold.— As high as 52.. has been given lor 1 1.5 hhds. and Si,. for 10 casks Trinidad 31elasses. Pimento has again advanced, 91d. having been given for 60 bags. In Coffee, Cocoa, and Ginger. the transaction. have been uniniportant. The .ales in Rice are a few casks Carolina at VA. and ..Ico hags East ft;dia as 16s. 6d. per cwt. l'aovistows.—'f he arrivals art butter this week have been heavy, and the business done In them has been limited, and prices are lower. In 13.rcf and Pork the principal business done has been for ship'sl stores. „fallout 1000 barrels of Anierizan Pork have arriv.-d lately, for which 50•. per barrel an bond is asked. Bacon continues in fair d-mand, from 414::. to .525. - . Ccirros.—lo our last week's circular, we estimated the stock of Cntor. in Livvrp,x)l,un the I't imt. at 375.000 bags—it ought to have been 381,000 bags-37.5,000 was the stock un the Ist August last year. It thus aepears, that the , gcecs of stock over last year is only ti,coo bap, whilst the impart into Liverpool, up to the Ist 18?7, was 536,000, against only 343,000 during the same period of 1826. The Import this week is 7,139; anti the sales are 11,0s0 b.gs, all to the trade, without af!eration in prices. The fiiiinwing whira.ical epi,aph Appearc upon a white marble slab, in a am conspicunu. part of the church *lSt. diary, at Bury St. Edmond's :—" Near this place are depos.ted the remains of Pen r Gedge, printer, who establidied the first news paper that has t.. r been published in this WWII. Like a worn•out type, he is retnrucd tt. the tuutider, itt die huge of !Ring re cast in A buttsr and mess r u lett ntuuld." LAW IN ititle!ENCE. COURT tAr. CIIANCGRY, Awes? 11. IN tin BUNU, A LUNATIC. In this case, which has been s frequently heard be fore the late Lord Chancellor, a Pett:ion w as r. ow pre sented, prayiag th it the present Committee of the In• n•tic might he removed, and a reference m.tcle to the Master f r the purpose of appointing another in its stead. It was stated that the lunatic was an Officer in the navy, in the enjoyment of 701. a year, his half-pay, in addition to a small estate ; and that the present Com mittee, Mr. Peer Bard, brother to the lunatic, had be. come considerably involved in pecuniary embar rassments. Mr. if. Twtss appeared on the part of the present Committee, not rn oppose the Petitintt, but to deny that the prope•ty of the lunatic had suffered from his em harrassments—The LORD CHANcst.Lott granted the prayer of the Petition. IN RE SIN O.P. TURNER. A Petition was pteseatrd, in this case, from the Corn micee of the lunatic, praying that the Petition or a person who had been gardener to Sir G. P. Turner might be refused, for scandal and impertinence. The- Petition of the gardener prayed that a certain slim, which he claimed f.r his serwices, might he paid litm out of the fun 'tic's estate: but it also contiined impu ations on the cha-acter and conduct of the Committee of the lunatic, sal iih weieaileged to be scandal. And it entered into the n.erits of . the commission, and pra) ed that the same might be su perseded, which constituted the impertinence comt•Lnoed of. Mt. errit.o rat support of the gardener's Pe:i i..n. The Loup CHAscet.t.nrt gr 'wed the prayer of the C nimittee's Petmon, Ansi thltnisbed that of the Bar d ner, with costs. IN RE 01LLowAY, A LUNATIC. Mr. HEALD wished to t ike the earliest opportunity of mentioning this case to his Lordship, because it was really one of very considerable importance. His Lord• ship had d übtless read the affidavits which had been til d, and he (Mr. Heald) war sure his Lordship must have observed that they were of so conflicting a nature as to lesve it, to say the least of it, very doubtful whe ther the alleged lunatic was or was riot of sound mind. Where affidivi s were of this nature in lunacy, it had been the practice of Lord Eon to proceed very tau• tiously, and not to grant a commission until he was fully satisfied of the necessity of it. In the present case, the issuing of a commission would Ise the ruin of the person supposed to be a lunatic, even if it should turn out that he was of sound mind. The Learned Counsel said he had thought it right to make these observations upon a case, not then regularly before his Lordship, because it did . appear to him to he one in which there was great danger of an injustice being done if a corn mission were allowed to istue from the present evidence.' The LORD CHANCIRLLOR said, he had read 111 the' affidavits, but they were of so cobflcting a nature—! even those of the medical men on each side—that-be telt himself unable to come to any opinion on the sub ject. Upon inquiry, he found that it had been the cu•- torn of Lord Eldon, under similar circumstances, to ap point physicians of his own to visit the supposed lunatic, and, not choosing to depart from this practice of his predecessor, which appeared to him to be so excellent, he had directed two physicians, Dr Sutherland and Dr. Carmichael, both Gentlemen of eminence in their pro. fession, to visit the lunatic, and report to him upon his concl.tion. As soon as these Gentlemen had made their report, he sh , ruld confer with them, and then take some steps in the matter. Mr. Haat.° was not aware that his Lordship had taken that course. VICE CHANCELLOR'S COURT, Auci. 11. EX FARCE JONES, IN THE MATTER OF CLAUGHTON. The facts of this case were these:—Two persons, named Neel and Horne, were concerned together in certain merca►rtile speculations. Horne traded without capital, and Neel accepted a bill for Wrne's accommo dation, amounting to 6001. In addition to this, Horne owed Neel, on some commercial transaction, 9401.; and by way of security for this debt, and to indemnify Neel from all liability on account of this bill for 6001. Horne deposited with Neel 100 cases of Burgundy, and a bill of a pe.son named Claughton, for 1,2014 .ss. Neel sobsequzntly became a bankrupt, and so did Claught..n; and the que.tion was, whether this bill of 1,2041. ss. could be proved as a debt by Neel's assignees under Caughton s commission. The Commissioners had re fused to allow it to be proved. Mr. MONTAGU, for Neel's as►i;lnee, contended that they were entitled to prove the bill. The Commissioners, acting under a mistake very common in country come missions, had decided that no one could prove under an accommodation bill. The Vice CHANCELLOR—Is that a mistake? Mr. M NTAGU apprehended that it was a complete mistake. In this case, however, Mr. Neel knew nothing about the bill being merely an acc-mmodation bill. He knew nothing about Mr. Claughton, except that he was a Member of Parliament, and he held the bill as a se curity. Mr. Ned, in his atii3avit, stated that he was authorized and employed by his assignees to get in the debts due to him, and that thcrefore ail books, papers, &c. were left in his possession. He recollected perfectly having received an authority, in writing, from Horn; fur anybody to endorse the said bill by procuration; but after a diligent search among Lis papers, he could nowhere find the said authority, and he verily believed th it it was mislaid. His Honour would rec Meet that Ned, in his original affidavit, had stated that the bill was not endorsed by Horne, but that Horne had given the deponent a written authority, enabling any other, person to endorse it. Mr. SPENCE, on the other side, said that this else came before the rate Vice Chancellor on a lot mer occa sion, and that his Honour was of opinion that this written authority to endorse the bill ought to he pro duced. The case had stood over for that purpose. This written authority might have contained, rind in all pro ' bability it did contain, sonic conditions. Sipposing such written le.ve to have existed—which from the acct unt given by the bankrupt himself-of how he came by the WI, was a m ,tter inv dyed in great doubt and swill eion—yet it was hardly possible to conceive than the P• ern i,sion to endorse the bill should h ave b een g i ven unconditionally. The bankrupt confe , •sei that he had received the bill merely as a deposit, and he (Mr. Spence) therefore submitted that ne•ither the bankrupt nor his assignees could take any benefit from it but as a deposit.—The bid was then produced, and The VICE-CHANCELLOR said, he was decidedly of opinion that there could be no valid objection to its (being proved under Claughton's commission. EX PA RTC FREE IN THE MATTER OP BUItOESS. Mr. MONTAGU said, that in this case, hiSll;eur's predecessor had tholisht that thine 411UUld bt: a ree:- en-e to the nester ; bat as all parties were stntious to save that expense, it was wished now to take the opinion of the C .net on the point bets-• en th m a Tree questrou to he decided we, simply, whether a certain secus.• y was a s tparate or joint security? It had been settled that the holder of a separate security for a joint debt was not obliged to sell that security before he proved his debt. ais Honour would find this matter set at rest in a case, rr Ex pane Peacock," reported in p. 27 of the last Number of Glyn and Jameson. Sir John L-acb had decided the case, and is appeal to Lord Eldon, his Lordship confirmed that decision. The circumstances of the present case were theset—Edmeads, A kins, and Tyrrel were bankers, and creditors of two pers.!: s named Burgess, who being interested as tenants in cons. mon in certain premises, mortgaged them to thir bankers as security for a debt bf 4,0001. due to .i.e three—Edmeads, Atkins, and Tyrrel. The two liar• gesses were indebted to the hackers altogether in a sum of 20,000/. A Commission of bankruptcy issued, and it was attempted to prove this debt of 20 0001. untie, t'i.,t commission. The Commissioners, however, re- jected the whole debt, in which they were clearly wrong ; and after discovering their mistake, offered to admit a proof of 160001. upon selling the security for 40001. It was in consequence of this c ind act on the part of the Commissioners that the present Petition was filed. Tne Leat , ed Counsel said be understood the reason of tke opt•osit out which was made to the appliccion was, that .s between these parties it was a joint security, because it was used j Only in the partnership, and was given as a joint security between the parties. But what had this to do with the mattes ? It was separate property, bo. cause they were tenants in common; and was his w lose Ifs seined y because the parties had used the ?so. pert y as joint property ? Mr. It se was proceeding on the other side, when The Vice-CnANCCLLOR said, the simple question ',ere was—whether this security was a joint or a separate security ? Ater reading the deed, he was clearly opinion that it ws“ a joint security, and the ease must thertfcre fall tq the ground. i~ :i ,~~ 1 i~ • 4 ASSIZE INTELLIGENCE. RXETRR, AUGUST 10. CIVIL Sillintrel`e Lwd Cbief Javier Ben and a Special Jury. LIIVY V. BAKER. This was an action brought by the plaintiff, to recover the sum of 7631. alleged by him to be owing to him by the defendant for goods and ninnies. Mr. Sergeant WILD' stated, that this action was brought by Mr. Levy, who was a resrectabli silver smith and jeweller, residing in Eseter, against Mr. Baker, a Gentleman of considerable property, who, its the course of the last year, had come to reside in Devon shire. Mr. Baker, while visiting Eseter, was struck wi:h the appearance of Mr. Levy's shop, into wl.i:h he went, and bought goods to the amount of between eighty and ninety pounds, which he paid for, AS a stranger would, who entered. a tradesman's shop f r the first time. He promised his custom, and called again to give a much larger ord r; his manner was that of a Gen tleman, who had a perfect knowledge of his deal ings, and he left no trace on the mind of Mr. Levy, or of any other with whom he was doing bu Mess at lie time (August, 1526) that he was incompetent to transact his own affair s,—tl,is defence, which he now understood was to be set up against an honest t. adesman's Indeed, sonic persons amongq them, Mr. Marsh, of Sidmooth, who kept the public library there, congra tulated Mr. Levy upon having acquired so good a cus tomer. Mr. Marsh informed the plaintiff, that Mr. Bake/ had lately come to reside at Siiimouth, that he was about concludiog the purchase of Mr. Bacon's house at S dCliff, near that place, and that he app aced to be a Gentleman living in good style. How, theta . - ere, c • uld Mr. Levy hesitate to execute the order ? It would be hard, indeed, if, when a Gentleman aas in a condition to go about with his family, and to attend to tfe whole of his own affairs, as Mr.B.ker did, that the tradesmen, who had accounts with him, should be depriied of their just claims, without having received the siighte t notice that the person with whom they were transacting business was incompetent to manage his own affairs. Nevertheless, whether Mr. Baker was or was not road at the time, it was necessary, before M. Levy could be • icluded from his remedy, that it should be shewn that the had any probable reason for suspeciiog iliac he was dealing with an unsound man. He .Loral spew that the defendant had been dealing with Mr. Mare , , Mr. Bacon, and other persons; the.), for very weighty concerns, without t' e le.i•t • usricior. &Witching at the time to his sanity. Whir n h (N 1 r. Sergeant Wilde) should prove this, he had no doubt that thedirry would feel that, whoever suffered, it ought not to be the honest tradesman, who had given his property in the fair and usual courseof business. Mr. Marsh arr..s then 'mired, ard gave evidence to the facts a, stated by C , ousel. This oitness was crsss- zamin •d at c , nsiderable length by Mr. Sergeant NIEREWETMER In the course of which he stated, that he had gor e ;o Ezet r with Mr. Baker in his carriage, in which iLe sat v hide Mr. Baker made a visit to a house which witness believed t., be a bad one; that, with this knowledLe of Mr. Baker's pro pensities, he.had permitted his own drught.r to go and reside in the defendant's house, as companion to Miss Baker ; that he had afterwards heard of that Gentle man's insanity, but that he gave no proofs of it at the time. The father and mother of the plaintiff, a female who attended his shop, and a boy, were •ucces,ively examin ed, to shear the manner in which Mr. Baker had trans acted business with the plaintiff, and the delivery of the goods and money to that Gentleman. The watch, some of the books, and some trifling ar ticles of jewellery were produced, and identified as part of the things bought from Levy by Baker. A brother-in-law of Levy said, that it was he who sold the watch and the diamond articles to Levy, and that they were great bargains at the prices stied as above. If (key were new, they would have fetched a far greater sum. Ile was reluctantly obliged, by ord r (.1 the Court, to state the prices that t' ese at lic!ei were set down at in his sale to Levy ; the diamonds v ere2Oet. the watch 501. Mr. Bacon, of Sidcliff, was next examined. :inJ stated, that Mr. Baker, accompanied by !tilt. Marsh, hsd ca:led to lock at his estate, for which, after some negotiation, Mr. Baker agreed to give him 5.006-guineas. He sug gested some beneficial alterations in the stsbling, and some parts of the grounds, and wanted to buy his pic tures,. which, host ever, the witness drclined selling. In his cross-examination this viltrless admitted, that when Mr. Baker accompanied him to his attorney at Hinton, about the deeds, the fi st thing t e did when he went into the house of a perlect stranger was, to begin ringing the bells, and calling for :ell eshment., as though at an hotel, giving recitations an poetry in the I , i , t ,r -