Star. — London, England, 1826-11-03 00:00:00

the ground of assignments to them of the shares of others, he could not but &Intend, that such a deed of assignment was nothing more than 4 , champetry," end that partneet tad no right,to sell, their interests. They no doubt could put an end to their partnership, but they could not sell the:r - shirts. The Learned Counsel, on the whole, hoped thc . Cofirt would think the assignment was not legal, setd that the demnrrer was well founded. Mr. Taroaasa was On the swine side with Mr. H. The Corn• pany was not established by any charter ;it was therefore not a *AI body, and could only be looked at in a Court of Law as a partnership. His- Houova said, he would take a few days to consider of it. _ COURT OF KlNG* nese% Novi:masa 11. T UHF IP: BOLTON. This action was brought by the plaintiff, Mrs. Tyler, who superintends a lodging-house is Leicester-square, to recover rent due for the use and occupation of apartments. It appeared that Mr. Bolton, who is a Surgeon, and the brother of Mrs. Braham (wife of the celebrated singer), took the apartments in Leicester-square, for three years. He paid the rent for sae yfear, but consi dered himself at liberty to quit on giving three months' notice. The defence was founded upon a presumption that the plaintiff was not entitled to support the action. The house, it was said, belonged to a Mr. Massey.' I Mrs. Frances Elizabeth Braham stated, that she went to reside in the house of the plaintiff in September, 1822, and having remonstrated against some overcharges,was told the house belonged to Mr. Massey. • The Jury, under all the circutnstatiees, found a Verdict for the Plaintiff foe one quarter's rent—Datuages SW. JAMEISON V. DRINILAWL. This was a special action on the case, to recover damages for the loss of the ship Lively, run down at sea on the 25th of December last. It appeared, from the statement of Mr. Sergeant VAUGHAN, that, the plaintiff was the owner of the ship Lively, 120 tons burthen, and that on the night of the 25th of December last the ship was coming up the chops of the Channel, the wind blowing strong to the east ward, when she came into contact with the vessel of the defendant, called the Miranda, of 800 tons. A few mi nutes before the accident occurred, the Captain of the Lively ordered one of his men aloft with a light, for the purpose of warning off the Miranda from the course which she was pursuing; and it being, besides, the duty of a ship, with the wind aft, to permit a vessel coming against the wind to pursue her own course. He should be able to shew in evidence that the Captain of the Lively had taken all the precaution in his power to prevent the Miranda running him down; but the Mi randa, neglecting te notice the light, or to shift the helm, struck the Lively in the midship, and she soon after went down. To the negligence of the defendant's servants the loss of the plaintiff's vessel was owing, and therefore the plaintiff was entitled to recover a com pensation for the injury sustained. The ownership of both vessels was admitted ; and the Captain and several of the crew of the Lively were called to support the statement of the plaintiff's Counsel. Mr. Sergeant BOSANQUET, for the defence, said that the right on the sea was the same as that on the road, yet it was equally subject to be modified by circum stances. In the first place, this was the cause of the underwriters and not of the owners; and it was clear; and so it ought to be, that the underwriters were alone responsible for the loss, and liable to pay it to the plaintiff. The case imputed carelessness to she defend ant's servants; but it was necessary to prove, in order to sustain this action, that there was no negligence on the part of the plaintiff's servants. He would shew that not only the defendant's servants were not culpable of neglect to their duty, but that they were active and vigilant in the extreme. The Learned Sergeant then proceeded to comment on the evidence for the plaintiff, and to contrast it with the evidence which he intended to produce on behalf of his client. The Captain and crew of the Miranda were then called, who undertook to prove that there was no negligence on their part, and that the running down was, in fact, the result of accident. The Loan Cater Jorrica charged the Jury. that if they thought blame was imputable to neither party, but that the occurrence was accidental,they would find a verdict for the defendant. The Jury immediately returned a verdict for the defendant. COURT OF COMMON PLEAS, Nev. 2. SWUM th ()GLUT. This was an action to recover the value of a bill of exchange for 5001. accepted by the defendant. The Jury found a verdict for the plaintiff—Damages 5001. !OASIS V. lIIINTUARD. In this action, which was bronihttsiiecover the sum of 1,3001. on a policy of insurance effected on the ship Indian Trader, in the St. Patrick lasurance (lace, Mr. Sergeant VAuomaix on behalf of the defendant, agreed to the plainti ff taking a verdiet for 1,0001. subject to arbitration. Pr THE EVENING STAR. LONDON. FRIDAY, NOVEMBER 3, 1826. STOCK EXCHANGE, TWELVE O'CLOCK. Consols opened this morning at the same price they left off yes . terday.Bl4 4 for the Account ; and up to the present time scarcely a bargain has been dose. There is not one (came in the market worth obsesirstion. In the Foreign market, Colombian Bonds, which opened at 891, loon after frU to 58k, in consequence of the disappointment expe rienced by the Bond Holders, in respect to the arrival of the Ja maica Packet, with only seventy thousand dollars on board. Current prices: Old Spanish 11 1, Mexican 64k, Colombia 581 59, Russian s4l} 85. Cid Han 361 7.7}, Greek 13k 14. PRICE OF STOCKS AT TWO O'CLOCK: Bank Stock '2Ol ik 3 per Cei t Red. 80% y a 3 per Cent. Cons. Sl 3 / 4 lh 3 / 4 per Cent. 88 1 / 4 77 7 / 8 per Cent. Rei. 87 1 ,6 % 4 per Cent. New 97 5 / 8 7 / 8 4 per Cent. 1826, 96 1 X1 its Long Ann. 19 1 / 4 3.16 India Bonds 38 k. 1,000 Excheq. Bills 20 22 £5OO ditto 20 22 0100 and L2OO ditto 20 23 Cons. for Account 8154 78 T. is morning we have received New York Papers to the Bth of October; they mention the return of Bo- LIVAR to Bogota. The following are eitracts: MEXICO. We have received from the Governor of Vera Cruz, a proposition of the Mexican Government, for the forma- tion of a colony of foreigners in the State of Vira Cruz. A letter from Vera Cruz, dated the 21st ult. states, that Commodore Porter Would embark in a few weeks for the United States. The British Order in Council, prohibiting the intet- course between the United States and tSe British West Indies, no doubt, ere this time, has been read by our Merchants. We understand that our newly-appointed Minister, Mr. Gallatin, was, at the last dates, negociating with the English Government on the subject ; and letters, received by the Leeds, mention, that there was a strong probability that such an arrangement would be effected, before the period of interdiction arrived, as would render fueasures unnecessary. COLOMBIA, Sirtiorus 4. The revolt of General i'Aez is now drawing to a speedy conclusion, by the disaffection among his fol lowers, the best of whom have deserted his cause, and marched to join that friend of order and the Constitu tion, the brave Bermudez. NEW YORK, Octom 5. It k stated in private letters from Carthagena, that Gen. Bolivar arrived at Bogota on the 14th of August, Much good was anticipated frthu his presence. FROM LA 0 UAYRA, Doom 7. .By the arrival this forenoon of the schooner Emi grant, Captain Whittaker, from La Guayra, which he left on the 18th ult. we are informed that official ac counts from Bogota announced the arrival of Bolivar at that place. This is also confirmed by a proclamation issued by Gen. Marino to the inhabitants of Caraccas. News reached La Guayra on the 14th, that the pro vinces of Cumana and Orinoco had acknowledged the federation, in consequence of which there was great re joicing at La Guayra throughout the day. A salute was fired from the batteries and shipping in the harbour on the 15th, in honour of the arrival of Paez at Valen cia. The country was in an unsettled state, but it was the general opinion that every thing would be settled in an amicable manner when Bolivar arrived. The Jamaica Mail, which was so anxiously looked for, has at length arrived, after a long passage ; and, con trary to expectation, has only brought seventy thousand dollars, about fourteen thousand pounds sterling, which has greatly disappointed the holders of Colombian Bonds. The Papers by the above Packet do not contain any news of recent date from South America. A Flanders Mail has broughtus Brussels Papers to the Ist inst. from which we quote the following: BRUSSELS, OcToszt $O. Accounts from Batavia of the 21st of June give the report of Colonel Cochin: to the Commissioner General, on the taking of the Kratas of Pleret. From this re port, it appears, that our force consisted of two divi lions of infantry and one of cavalry, under Majors Le Bron and Elout ; consisting together of about 410 in fantry, 150 lancers, 70 pioneers, 2 howitzers, 4 mortars, and 2 field-pieces.—Prince Soerio Matran marched on the same day (9th June) with 400 infantry, 25 cavalry, ' and 4 field-pieces. The whole having arrived before the Kraton, it was completely invested by 9 o'cloct, a breach having been made, and some shells thrown into the Kraton, the insurgents fled, but most of them were sabred by our cavalry, and our troops took possession of the Kraton at three in the afternoon. The insurgents had above 400 killed, and forty-nine prisoners, and the number of the wounded is incalculable. We took four standards,three cannon, several muskets, and sixty horses. Our loss is eight killed and forty-six wounded. Among the former, the brave Lieutenant Wurtenberg, and among the latter, Captain Stuers and Tiernan, and Lieutenant Fruy. A garrison of seven hundred men, with two field pieces is put into the Kraton, and General Elont is ordered to remain with his column in Pleret. Colonel Cochin: highly praises the conduct both of the officers and soldiers. The Address of the States General, in answer to his, Majesty's speech, touches on most of the topics con tained in it, Alluding to the organization of the Courts of Justice, the Chambers say, that this organization is the object of their most earnest wishes: the nation ardently desires it, and would see it adjourned with pain and regret. The States General flatter themselves, therefore, that this most important subject will be brought before them in the General Session. 31st.—Oae hundred and fity men have been required from each Regiment of Infantry for the Colonial service. The time of service, it is said, will be three years. German Papers to the 27tb, and Dutch Papers to the 31st ult. have been received; but their contents are of little importance! The following are extracts : FROM WALLACHIA, Octous 11. It is understood that the Marquis de Ribeaupierre, on the happy termination of the conferences at Akermann, will immediately proceed to Constantinople, to enter upon his functions as Ambassador from Russia to the Porte, an office to which he was nominated above a year ago. It is reported that the Porte has resolved to have in future diplomatic agents at the principal Euro pean Courts. This modification of Turkish diplomacy would be wholly consonant with the military and civil reforms which Sultan Mahmoud has in view, and which he has already begun to carry into effect with so much success; the object of which is to place his empire on an equality with the general civilization of Europe. FRONTIERS OF ITALY, Ocrossz 16. Though a breach between Russia and the Porte would be highly advantageous to the cause of Greece in a military point of •iew, yet the settlement of the differ ences between these two Powers may, perhaps, be still more useful to the cause in other respects; for it is reported, that as soon as the object of the conferences at Akermann is attained, and those differences completely arranged, a Note will be presented to the Porte, drawn up in the name of all those Powers who maintain diplomatic relations with it, and in which it will be urgently called upon to give to the Greeks an equitable peace, founded on the guarantee of entire civil and religious liberty. This step is the more connected with the entire arrangement of the differences between Russia and the Porte, as the former would otherwise take no „ , I,' part in it, as on the other band it has engaged, as has been long since stated on good authority, to refrain from intervening alone in the affairs of Greece or Turkey. VIENNA, Orreszt 21. PROM A MERCANTILE LETTER. No official information has yet been received here, of the termination of the conferences at Akermann, and though nobody doubts that the Turkish Commissioners declared, on the 6th Sept. the acceptance of the Ultima tum, the news of which was brought here by merchants' expresses a week ago, our exchange is rather vacci lating. Our Journals still observe profound silence on this subject. HAARLEM, Orroszi 30. The number of deaths at Groningen, from the 19th to the 260 was 119, which, in comparison with the preced ing seven days,is a diminution of no less than 46. Though this naturally gives some ground for hope, it is believed that the population of the city, will be found to have been diminished in the space of four months, by the 14th part. The number of the sick was not diminished, but it has however not increased. The accounts from Friesland, and especially ftom Heerenveen, are stilt very melancholy. In the village of St. Nicolrasga Doniawarstal, the 6th part of the popula tion has been carried off since June ; 1141 persons died •at Sweet in October, op to the 27th; at Dockum, it is calculated that not more than one person out of thirty. six has escaped the sickneu ; at Woudsend above a tenth of the inhabitants has died in thtee months. The following was at the North and South American Coffee-house this morning : FALMOUTH, Novi nn 1. " The Lord Sidasouth Packet, Captain Piper, has this morning arrived from Jamaica, after a passage of fifty-six days, having on board seventy thousand dollars, and eight passengers."' The following was post e at this morning: GIBRALTAR, OCT. 11. An Aigerine squadron of three corvettes, two brigs, and three schooners, have been cruising foe some days of Cape de Gatt, and was last seen on the 6th inst. They had with them Lateen craft, apparently Spanish prises ; and in one instance they chased another on shore. PARIS, Oev. 29. The Due de Rickstadt, Mmento, arrived at Marseilles from Con stantinople, reports that the Greek Government has notified to the different Consols, that dz vessels have separated from the Greek fleet, and that they would not be responsible for the proceedings of the said vessels. The Amais Blanc, arrived at Marseilles from Alexandria, was plundered of provisions, clothing, acc. by a Greek brig. Ocv. 31.—The Jenne Mars, arrived at Cadiz from Havre, was boarded on the Sib instant, off Cape St. Vincent, by a brig under French colours, but supposed to be a South American privateer. The Amsterdam Courant, of the Ist inst. has been received. This paper contains an important official document, issued by the King of the NZTHZALANDS, relative to the future navigation of the Rhine. As this document, given in the first page, appears to be a pre paratory step to further regulations on this important commercial question, its provisions will be read with interest by our commercial Readers. Since the Con gress of Vienna, which secured to the King of the Ni- TIHIRLANDS the splendid inheritance of Belgium, and settled the limits of the States bordering on the Rhine, negociations have been constantly going forward to carry into effect the article of the treaty, which gna ranteed the free navigation of that river, from its mouth along the whole of its navigable course. Prussia by the possession of the Rhenish provinces ; France, by her eastern frontier ; and several of the minor German States, felt their commercial interests deeply involved in the measure, and pressed its execution with propor tional earnestness. From the weight of influence thus brought to bear upon a point previously settled by treaty, it must have required considerable dexterity in the Go. vernment of the Netherlands to have interposed so long a delay; and it chews an adroitness, probably not less remarkable, to have limited the privilege at last con ceded to one branch of the river. Tux Duni 07 Yort i n.-Trirr from the report being true that the Duke of Yam's health has still further declined within the last Week, we can state on authority, that his Royal Highness is evidently much better, and his spirits so buoyant that he contenes with the same animation and pleasantry as before his illness. 1 FORRIIiN FUN . Chilies Bonds, 6 p O. 37 , TWO O'CLOCK. Alex.Boods,S per Ct. S 4 Ditto Acct. Ditto Acct. 54 * Colombian Mods, 6 p C. Idex. Bds 1825,6 p. Ct. 65; 4 ; Cam Bonds, 1824, 39; 8 9 Ditto Acct. 64/ 3; 4; I ; Do. Acct. 39 ; S; 9 Span. Bonds 5 p Ct. 11 ; Danish Bonds. 3 pCt. 5211 Ditto Acct. iii Do. 80ad5,1825,5p C. Fr. Rentes, 5 p C ililf 75e Greek Acct. 131 Exchange, 25f 60e BRITISH AND FOREIGN SHARES, TWO O'CLOCK. MARL. PAID. 100 TO 50 • 400 225 295 British Iron Company 100 sy 6 6 Castello & Espirito Santis 100 is Pasco Peruvian 100 15 1; Real del Monte 400 400 465 United Mexican 40 25 lie Marine Alliance 100 6 oe Provincial Bank of Ireland 100 20 16 AUSTRIAN FUNDS, VIENNA, Om 21. MetaUlques 90*. Bank Shares 1080 7-16. A nglo MeXidill Banos The Princess SOPHIA paid a visit yesterday to her Royal Brother the Duke of You& Sir HENRY TERRIERS, Adjutant General, and Sir RICMAIU) JACKSON, Deputy Quarter-master-general, transacted °Mild business for some time yesterday with the Royal Duke. Prince Immix, the Russian Ambassador, Prince Potiosac, the French Ambassador, and the Mamie& Peusau.a, the Portuguese Minister, transacted business yesterday afternoon with Mr. Secretary Caminito, at his office in Downing-sweet. Dispatches were sent off oa Wednesday evening from the Secretary of State's office for Colonial Main, to the Yard of DALHOUSIZ A Governor General of Upper and LW(' Canada. Dispatches were received at the Foreign Office yes terday from Sir WILLIAM A'Couar, our Minister at Lisbon. Prince and Princess POLIGNAC, Prince Lavas, the Loan CnancaLicia, and the Countess of Lanes, &c. &c. were among those who called yesterday at the residence of the Ounces-Los of the Escasiainta, in Downing-street, to Inquire after the health of the Right Hon. Gentleman and Lady Sanas Romaisost, &c. The assembling of Parliament in November will give the new &MAIM& his salary nearly three months sooner than it would otherwise commence. Miss Mirroan's Tragedy of the Foscari, which will be produced at Covent-Garden Theatre to-morrow, was accepted and read in the Green Room previous to Lord Briton's Tragedy of the same name having been known in England. We are requested to gate, that Mr. THOS. WRIGHT, of Alsop's-buildings, whose name appeared in our Mary-la-bonne Police Report of yesterday, is not brotber to Mr. WRIGHT, the banker, of Henrietta street, aa therein stated. ELECTION OF AN ALDERMAN. Yesterday a Wardmnte wa• held for the purpose of electing an Alderman for Vintry Ward, the gown having become vacant by the death of Alderman MACWAY. There were three candidates. On the LORD MAYOR calling for a shrw of hands, there appeared for Mr. Sheriff Wisicuerren 21. hand% for Mr. Callon 5, and for Mr. WvLoa 16. Mr. WiLDIt and A. Csoon immediately demanded a poll. After some conversation, in Which the friends of both parties testified the strongest reliance upon the conduct of their favourites, the Electors began to poll. Each of the Candidates polled one, and the poll was ordered to open et fen o'clock this day. TIM VAST. The 4isitins of the boded tin* eases thronging dearer far Than joys the present bear can give, than present object► are; I love to dwell among their abodes, enfolding to my view The dreams of petiole(' am and gars, and by-gone glury too For though such retrospect is sad, it is a sadness sweet, The forms of those whom ma revere in Memory to greet, Since nothing in this changing world is constant but decay, And early Sowers but bloom the list, to pass the first away 1 Areas dfonthiy Magazin& COURT OF CHANCERY-THIS DAY. --NOP - PRODUCTION OF NOTES OF THE JUDGES. WILLIAMS V. BACON. Mr. SHADWELL, in calling his Lordship's attention to this cause, (which had been ordered to be tried at Leicester last July twelvemonths, before Mr. Justice Park), said, he had at the last Sittings applied to have the notes of the Judge produced. It would be in the recollection of his Lordship, that a new trial l u d been ordered, which had since been disposed of, and it was now wished to have the notes prior to farther proceedings. The LORD CHANCELLOR tai 4, he recollected the notes had been applied for, but he could not say whether they had been furnished. Mr. HIALD said his Learned Friend Mr. Shad well la boured under a mistake as to the state of the cause, which he had understood had been done away with. The facts were:—A trial at law had bcen had, which was tried before Mr. Justice Park at Leicester ; but the Lord Chancellor, on the hearing of the cause in this Court, was of a different opinion as to the construction put on the numerous Deeds and Acts of Parliament ad duced in the Court below, and directed a ue .v trial. That issue was tried before Mr. Justice Holroyd, and the Jury had come to precisely the same conclusion as iu the first case, consequently there could be no utility in now moving for the production of the notes of the Judges, unless the parties, after two verdicts against them, intended to have a third trial. The LIMO Ciartemoa said, in reality the intention of Mr. Shad well was to have a fresh trlaL Mr. Seem The Leas .Yes, my Lord, we do mean that. au.oz.—Then you shall have your motion. PRACTICE OP THE COURT In the course of the morning the LORD CHARCIMILOR took occasion to notice the fact of additional or d.fferent evidence being produced to him, on applications made to dissolve injunctions, or alter orders, made by the Vice Chancellor, who had frequently complained, and with great justice too, of such a course. His Lordship ex pressed a hope that this system would not be allowed to predominate, as it was the occasion of much unne cessary expense to the parties in the end. DUBLIN, OCT. M. Sunday nine more Roman Catholics publicly abjured the errors of Popery in the Church of Cavan. This makes forty-air persons, within the last three weeks, who have conformed to the Established Religion. Mr. Montague preached an admirable sermon on the occa sion, ill which he exposed, in the ablest and most forcible manner, all the doctrines of Popery. BIBS SESSIONS—PRIaSTS CROTTY AND KENNEDY. — The Grand Jury have ignored the Bills against Mr. Crotty and his party for conspiracy and riot, and found the Bills against hinifor keeping possession of the Cha pel, and hindering Mr. Kennedy from officiating therein. The trial lasted for two days, after which the Jury acquitted Mr. Crotty. It was then agreed among the parties, that neither of them would for the future inter fere with each other. The Jury were all Protestants, and their verdict seems to have given universal satisfac to the inhabitants of Birr. CHARTERED GAS LIGHT COMPANY. A Half-yearly Meeting of the Proprietors took place yesterday, at the Crown and Anchor Tavern, DAVID POLLOCK, Esq. Governor, was in the Chair, to receive the Half-yearly Report, to elect a Director in place of one who has resigned, and for other general purposes. After some conversation, it was moved and cairied, that the Report be received and affirmed, and that the books should lie open at the office, Bridge -street, Black friars, for the inspection of Proprietors, till the Bth of December. Mr. KNIGHT then moved that, for the future, a more detailed aggregate account of the income and expendi. tare should be laid before the Proprietors, at their half yearly meetings. On being put t►om the Chair, the motion was carried by a considerable majority. It was next moved and carried, that a dividend of six per cent. he now declared and reported, and that payment commence on the 29th of December. After some routine busineu had been gone through, the Preprie. tors proceeded to elect a Director, to the place of Mr. Gregory, who bad resigned. We are sorry to learn that the typhus fever still con tinues to prevail in Leith. A Ladies' Society has been lately formed in the town for the purpose of accommo dating poor infected females with changes of clean bed and body linen, which, on the recovery of the patient, are AO be returned to the Society. . _ The following letter has been sent to Earl SOMERS, by the Secretary of the Hereford Pitt Club : TO THE NIGHT HON. THE EARL SOMERS. " Mr Loans—Your Lordship's private communication having aotbendcated the public letter which had previously appeared in the Rsreford Jamul under your Lordship's signature, it has been my painful duty to execute its instructions, and your Lordship's I Mine has accordingly been erased from the Register of the Here fordshire Pitt Club. lam at the same time directed to state, in the name of the Society, that whilst we lament the secession of your Lordship, we feel it Impossible to permit the reasons so publicly assigned far it to go forth to the world as acquiesced in by the Club, founded, as we conceive them to be, on a manifest misappre hension of its recent proceedings. Whatever may be the StlitiMellt a of the majority of its present members on the subject of the Catholic Claims, the Society, as a body, does mg assume either to advocate or oppose them s it considers the principle of Protestant ascendancy as a maxim fundamentally constitutional, iu support of which your illustrious ancestor would have laid down his lice, and which we are persuaded that the great modern Patriot, in whose name we are incorporated, never for a moment lost sight of, in the views which heat Any time entertained of what is called Catholic ' Ernancip.i. tion'—a terns which your Lordship adapts, but which Mr. Pitt himself most pointedly disclaimed as utterly inappropriate and inapplicable.—l have the honour to be, in behalf of the Society, iiiy Lord, your Lordship's vet y obedient servant, " JAMES EYRE, " Hereford, Oct. 30." Hon. S.:c. Herefordshire Pitt glob.