Star. — London, England, 1821-10-23 00:00:00

READING SCHOOL TRIENNIAL VISITATION. PROLOGUE TO THE ORF.STES. WRITTEN ST THE REV. C. ♦. WHEELWRIGHT, ♦.14 srogrx 7.43tanit. Array'd in solemn state, once more appears The tender Bard of pity and of tears. At whose high call were ever wont to flow The kindred drops of sympathetic woe. Full oft, assisted by the mimic art, Ili• potent spell has chain'il the feeling heart. Nor may tonight our feebler efforts prove Orestes' tragic tale less forted to move. When, every sinew agonis'd by pain, He flies the Furies' scorpion lash in vain ; While his strain'd limbs and eye balls' vacant glare The guilty soul's remoneful pangs declare. As in terrific vision ever near The Dogs of Hell' their gorgon visage rear, Their madd'ning tumults on kis mind imprest, Who sheath'd the sword within a Mother's breast! Detested spirit of the elder time, Which dignified revenge and hallow'd crime! When blood alone could the first stain efface, And kindred slaughter spread through half the race. Unlike the dews of mercy that distil In drops of soothing balm from Sion's hill. Celestial love in gentle accents there Taught rage to bless, and furious hate t 6 spare; • fiktudd'ring to pause before it reach'd the grave, Nor desolate a world Ha died to save! 'Ms past—on Attica's deserted land Bleck Desolation takes his mournful stand; While by each rnin'd fane and mould'ring stone Her drooping Genius weeps the glories flown. And is the nightly soul for ever fled That erst her sons to deeds of triumph led : Still must the animating spirit lie Silent and sunk in lifeless apathy? Through Time's dim veil Hope's distant prospects gleam, like the true presage of a morning dream. Spirits of other days! look down and sec lour tardy Children struggling to be free; Bid them like you in native courage bold, Revere and emulate their sires of old : Who fought on larathon's ensanguited plain, And dy'd with Persian gore the blushing main. Like you. at length, indignant burl away The piling fetters of barbaric sway. • Till the proud Crescent's fading reign be o'er, And prostrate Athens rise to fall no more ! Patrons and Friends ! whose smiles our hopes engage, Whose favour still supports this Classic Stage, Who, willing to commend, with censure light - Sway the high sceptre of the Stagirite ; Think, when stern Truth compels reluctant blame, That Pleasure here assumes a higher name; And grant, in Charity's all-powerful cause, A mild construction of the Critic's laws ! EPILOGUE. INSITTZX as L Y. TALTOVILIS 1602. •recnc SY ICS. SICUASZION, IN TES OF on or Tak =ORAL wl/MIUL Permit a form escap'd the Stygian flood To speak a word to " ears of flesh and blood." Sent from the myrtle grove of ling'ring maids To bring the latest fashions to the shades, And from assembled beauties warn'd to beat One radiant picture of the British fair, I hither come, *here loveliness is shedding Its softest light on old true-hearted Ream. ! When first in London circles I began To lay my dagger down and use a fan, To a small party L admission pray'd,— Soft scene of learning, love, and lemonade— In hope, before the Gentlemen came To ascertain hove British Ladies spin. Judge the surprise a Grecian nymph must feel To s tind no semblance of a single wheel! But on the tables, in confusion, gay Books of all colours and dimensions lay— Here Plates of Greek Costumes, which tad to strike My eyes as being eminently like : There in the depth of pyramidic gloom, A Sphinx frown'd horribly from F.gypes tomb ; And 'neath pil'd Waverley's and grim Otrantos Peep'd modest forth Lord Byron's last three Cantos—. Anutz'd, I said to one they termed" Blue," Pray what's the latest fashionable hue? Where may each feminine creation lurk? You spin, no doubt, Ma'am—may I see your work? " Spin !" cried she—" 0! in metaphor you shine— " I own, a little in the Sonnet line— " Sly satire, not ill-naturedly bestow'd— " A Song or two--and now and then an Ode; " Sometimes my lighter leisure I beguile ' 4 By writing in the German Critics' style; " Like them in modern mysticism bold, " Praise or anatomize the great of old." " F.uripides, I dare be sworn, you'd name " As one whose genius fairly earn'd its fame"— " A sentimental sophist, whose whole trade is " To frame long speeches, and abuse the Ladies! " There's his (rester--could a modern cram "a More monstrous creatures in a melo.drame ? " The Hero's self—a wild unfashion'd lad, " Who starts and goes inelegantly mad ! " Electra, tending him, who slew her mother, " Although the wretch was nothing but a brother! " Then Pylades —" For breath she made a pause ; I took the hint, and whisperl who I was— She screened—then softly bead me to direct her— She'd " no idea that I was the Spectre !" When curiosity had vaeish'd fear, A hundred questions boxed around my ear— " Pray, Ma'am, instruct me—you, I'm sure, are able— " Is the whole history of Troy a fable?" " I die to know—l trust, Ma'am, you'll forgive— " Did seek a man as Homer really live ? " Or are the things a witless world regards " As his, the work of twenty thousand bards?"... A faded nymph, who ne'er was quite divine, Simptv'd--" Was Helen's farm at all like mine r And one, the most erect and grave of any, Begg'd for the latest news of Don Giovanni. Yet think not, Christian fair, unmov'd I view The long lost blessing Heav'n restores to pm—. Which *Mayon freedom, and to men secures Wit, Virtue, Charity, like_your's ! Among your ranks of beauty could I range, And trace in ev'ry smile the glorious change-- See woman--dooned no more by fate perverse, To sink a play-thing, or to rise a curse— Life with serene intelligence Mum, And cast on Fancy's works a lovelier bloom, Sustain Man's spirit when condensed to roam, And make a Paradise of ev'ry home ! The Hiring Fair at Newbury, on Thursday last, was one of the largest ever remembered, and it is sup posed more than double the number of servants were engaged this year than last. The Market-place was not found sufficient to contain the whole of the exhi bitions, &c. although the Corn-market was given up to accommodate Atkins's Menagerie. We hill and other large fairs being concluded, enabled the whole of the light-angered gentry to be present, and we are sorry to add (notwithstanding the precaution of the worthy Chief Magistrate, and the vigilance of his officers), were too successful; among numerous suf ferers, Mr. Weston, of the Waggon and Horses, was robbed of his purse containing upwards of £3O; the store-house of the widow Howell, of the Red Lion, was broken open in the evening, and two large pack ages of stockings stolen ; a Gentleman lost his watch, gold chain, and seals; a farmer his purse, containing about £l2; a countryman also lust his watch. LAW INTELLIGENCE. COURT OF KING'S BENCH, OCTOBER 22. The Court sat this day at the Guildhall,Westminster. MURRAY T. THE EAST INDIA COMPANY. This was an action of assumpsit brought by the plaintiff, as administrator of the - late W. Hope, Esq. against the East India Company, to recover the sum of £35,985, due upon four bills of exchange, ac cepted by them. A verdict had been entered for the plaintiff, at the late sittings at Guildhall, for that sum, and interest accruing thereon, liable however to the opinion of the Conn, on a special case which was to be submitted to its adjudication. The facts appeared to be these—Mr. Hope, a mer chant, who had been resident in India, desirous of returning to England, vested his property in East India Bills, which he transmitted to an agent named Carr, in London, with a power of attorney to all that was necessary for receiving money on his account.— The bills were sent in a letter by one ship, and Mr. Hope embarked in another, namely, the Jane, Duchess of Gordon, which was lost in a gale off the Isle of France, and Mr. Hope, with his family, perished.— The bills were received by Carr, who, acting under his power of attorney, indorsed them to Carr and Davis. It did not appear that the proceeds ever found their way into the hands of Mr. Hope's repre sentatives. The administrator, James Murray, died, and the second administrator, John Murray, brought the present action against the Company, on the ground that they ought to have paid the bills to the personal representatives of the deceased, and not to Carr, who was not authorised to indorse the bills.— Several questions were reserved in the special case for the consideration of the Court: First, Whether an action of assupsysit would lie against the defendants, who are a Corporation ? Secondly, Whether Carr was authorised to indorse the bills?—Thirdly, Whether the statute of limita tions applied to the bills?—And finally, Whether it was not necessary to increase the verdict by adding interest ?—lf the Court were of opinion- the action could not be sustained, judgment would go for the defendants. If the Court found that Carr, under the power of attorney, was not authorised to indorse the bills, a new trial would be granted. If the Court considered the bills within the statute of limitations, the verdict would be set aside. _ _ _ Mr. CAMPBELL this day appealed for the plaintiff, and argued all the points in succession, contending for the right of the administrator to discover. Mr. JEABOP, on the other side, argued for the East India Company, who, from the peculiar circum stances of the cue, were justified in taking advantage of every legal objection. After Mr. CAMPBELL had been heard in reply— The LORD CHIRP JUSTICE intimated that the Court would consider the points, and they ordered an affi davit to be made with respect to the time when the demand for payment of the bills was first made by the administrator. PEARSON V. HURST. This was a question respecting the right to demand toll upon a new road made from Nantwich to the County Palatine of Chester. Before an Act in the 59th of George 111. upon which the question in this case arose, there existed a turnpike-road leading from Fronston to Wilders Pool, in the County of Cheshire, which was free from toll; and it was contended that the trustees under the 59th of the late King had en deavoured, without authority, to deprive persons going to the Duke of Bridgewater's canals of the exemption which they enjoyed upon the old road. The Court decided, after the question bad been argued by Mr. Ranks and Mr. Joints, that the right of persons going to the Duke of Bridgewater's canals by the old road was untouched ' • at the same time, the trustees had power to take toll from those who went over the new road. WESMINSTER SESSIONS. IMPORTANT TO MANUFACTURERS. This was an appeal against a conviction of Mr. Minshull's, the Magistrate of Bow-street, upon an information preferred against Messrs. Combe, Dela field, and Co. the extensive brewers, by the dust con tractor for the Parish of St. Martin, to recover seve ral penalties against them for the removal from one part of their premises, which is in St. Martin's, to another which is in St. George's, .Bloomsbury, of a quantity of cinders, within the meaning of the clause in Mi. M. A. Taylor's Act, which vests the property in such cases, upon their removal, in the parochial contractor. All the facts of the case were admitted, and the question arose upon the legal construction of the Act. Mr. ALLIY, in support of the information, read the clause, which prohibited all persons from carry ing away, or going about to carry away, or remove dust, ashes, cinders, &c. from one parish to another, except by order or consent of the parish contractor for the same. It was here admitted that Messrs. Combe, De'afield, and Co. the extensive brewers, who consumed a great deal of coal, had removed a large quantity of their ashes from one part of their pre mises to another, situated in a different parish, and where they again used it for some purposes connected with their business. Now, whatever might be the policy of the Act, and its occasional hardship, it was quite clear that, by the clause in this Act, whenever any coals were once consumed in a fire or furnace, they, upon removal, became the property of the parish contractor, who paid a large sum for his contract— in this case £lOO a-year. Mr. AnoLPuus.—Wei on the other side, beg the Court to bear in mind that it is our own servant car rying away our own coal from one part of our manu factory to another, and for our own purposes in the process of our trade. Mr. ALLEY admitted that fact, but still contended, upon the authority of the Carlton House and Sir Joseph Banks' cases, that the removal -was contrary to Act of Parliament. The CHAIRMAN.-But here they are using it for their own purposes in the process of trade—do you admit that ? Mr. ALLEY.—We say that the moment the coal is used, the original owner has no right to carry it away; that is our view of the Act. Mr. CunwooD said, he had to oppose his Learned Friend (Mr. Alley%) view of the Act, upon the con struction of which he must, however, make a few preliminary observations. They all knew that that Act had been framed by Mr. Michael Angelo Taylor —indeed, since the time of Henry Vlll. the Taylor 'S appeared to preside, like a tutelary genius,. over this great metropolis. Sir Robert Taylor, the father, tool: under his special guardianship, the buildings of the metropolis; the son, Michael Angelo Taylor, took to himself the whole of the pavement of the metro polis. The father's Act was obscure enough, the son's still more improved upon the obscurity of his prede cessor ' • and it must remain until the seniority of a future Taylor, to see whether it will be possible, in the same family, to frame an Act exceeding in obscu rity that upon which the present information was founded. Here the question was simply this—could the contractor, within the evident meaning and in tention of the Legislature, step in and take the arti cle of the manufacturer, while in process of use in his business, and upon his own premises? Messrs. Combe, Delafield, and Co. were, as was stated, exten sive brewers; their premises happened to be situated within the precincts of two parishes. In one part of their premises they used large quantities of coal in their process of brewing—in another they used the small coal and unconsumed fuel, which fell through the furnaces of their large coppers, which it was ne cessary to rake and stir, for the purpose of preserving a file of a certain heat, for the purpose of boiling water to cleanse their casks. The fuel so used was not properly ashes or dust, for it contained a great deal of coal, which fell, unreduced, through the gratings of the larger furnaces. How was it possi ble, then, to construe this Act so as to prevent their applying their coal in the one case as they did in the . other, without at once creating a principle and prece dent which violated all the rights of private property, in a manner which no Act of Parliament could have ever contemplated? The case only requiled to be stated to shew the absurdity of such an attempt. Mr. ALLEY.—We know that bricks may be made of the refuse dust of coals ; now could the refuse be taken away for such a purpose without the Act in question being violated ? The CHAIRMAN.—Yes, I think it could, if a man were so using it upon his own premises. Mr. CURWOOD.—The plain facts here were, that the cooperage happened to be in St. Georges, Blooms bury, and the actual brewery in St. Martin's; in one part of the establishment coals were used in one pro cess, and, in the other, in a different way, but still for a part of the same business ; but in came the sca venger of St. Martin's, and said, “ True, you can burn your coals in my parish for your own brewery, but you shall not in St. George's ; for the moment you attempt to remove them across the street, they become mine." As well might he claim the coke which was removing from the gas manufactories. It was true that, by Mr. Taylor's Act, no man could remove his dust from his premises to another, to be applied to a different purpose from that in which he used his fuel; but here there was an obvious distinc tion in the cases. In criminal cases, an Act of Par liament must be construed literally ; that was neces sary for the full defence and security of the lives of his Majesty's subj ects ; but in civil cases the Court I were bound to take the meaning of the law from the whole scope of the Act, as it evidently interpreted the motive of the Legislature in enacting it. The Legislature evidently intended to keep the streets free from nuisance; but they never contemplated, where they gave a surveyor a remedy against another for removing his ashes, that be should also have a re-' medy against the real owner, who was creating no nuisance, removing no dust, but carrying it from one part of his premises to another, for a purpose ne cessary for the process of his own trade. Mr. AnoLenos followed on the same side, and said, that there was an evident distinction between this and the Carlton-house case; for in the latter, the Court would recollect, that there was a disputed claim of property, the refuse fuel being claimed by some of the household, under a warrant of office, as their perquisite. The Legislature, he contended, could never mean to authorise the intrusion of a sca venger into any man's premises to carry away his unconsumed fuel ; if that were to be the construction of the law, then the contractor might enter a gold smith's workshop, and carry off his ashes, if thegold smith presumed to move it from one part of his pre mises to another, to carry it through the process of washing, for the purpose of separating the gold dust from the ashes to which it attached in the process of the manufactuver's trade. He also observed, that a great part of the coal was not used at all before removal— many smaller parts of the coal fell through entire. Mr. ALLEY, in reply, insisted that the clause in the Act was imperative. As to the statement that parti• Iles of smaller coal might fall through and mix up with the ashes, that was nothing. They all knew that a cook, in hurrying on her dinner, often raked out good coal ; but was that a reason why when the dustman came she should insist upon his not re moving the dust from the dust-hole, until he sepa rated the particles of coal from the dust of the ashes? He admitted that many hardships were imposed upon private individuals by the local Acts ; for instance, the removal of steps where they had been standing for years; and the consequent alteration and limita tion of halls and porticoes—still while those Acts sub sisted they must be observed. The CHAIRMAN, in pronouncing the opinion of the Court, said that he could never put the construe tion upon this Act, which was contended for in sup port of the present information. It was true that the case was one of particular importance to the parochial contractor, and also to the Public at large. It must equally be admitted that the Act trenched very much upon what were previously considered the rights of private individuals. He was old enough to remem ber the time-when dustmen were obliged to be paid large sums for removing ashes and dust; but of - late years its value and uses becoming better known, large sums were given for it, and the expenses of re moving additionally incurred by the parties dealing in the commodity. It had been truly said that the case of Carlton House dust was different from this; so also was that of the late Sir Joseph Banks; in the former it was a disputed claim of property, and in the latter the case was this:—Sir Joseph consumed in his house, in Soho-square, a large quantity of coal, and was in the habit of removing the ashes, after they had passed through their full stage for do mestic use, to his place at Hounslow, where, in his botanical pursuits, he wished to apply them for his manure uses. Now that was the exact purpose for which the Legislature meant to preserve them for the dust contractor, and was clearly what the law intended to prevent. The law did riot tolerate a claim for coke, nor for goldsmiths' ashes, in this Act; and when there were such distinctions, it be- iboved the Court to examine each ease as it ca me tie. fore it, and to decide exactly as the m er i ts of each appeared to require. What was the Present case 3, Was it a fraud upon the contractor, by the remo , 4 of dust from one man s premises to be applied to t h e uses of another, or to be made a profit of, b y or application as a distinct commeiJity, f rom , h _. tight the informing, which it originally was?—\o such thine ; i t lea ,7_ in a state of delivery as dust, but actually passi "ut through an intermediate process of constimptioanat, fact a h n e d must be therefore quashed. fuel, in a manufactory where that fuel was wed., could Such n being e thesustained, Mr. ALLEY said that he was re a d y to b ow too* decision and clear distinction which the Clia; rgm drew between this case and others which had h e* decided under the Act. The CHAIRMAN observed, that the law nerer colt have intended to give the dust contra ctors tit ri. vi 1g it became e ofsayingwhat was dust and wh it was not When dust it certainl y became his vovelit on removal, but not otherwise. MIDDLESEX SF.SSIONS. _ _ The business of this Court commenced yest er a rt before FRANCIS CONS?, Esq. and a full Bench Magistrates. On the Grand Jury being sworn, t h e Learned Chairman, in his charge, took occasionti regret the great number of cases that would he p m . sensed for their investigation ; that circumstance however, be said, materially softened by the Mk t . tion, that there' was no case marked with any e xtra , ordinary turpitude. On the Jury withdrawing, the Court proceeded with the Traverse Paper, ithi c h contains an uncommon number of cases of amok ; there are none, however, of any public importance, MANSTON-lIOUSE.—The LORD MAYOR yesterday mentioned, that in consequence of the publications' a rotbery committed upon a poor orphan girl li e had been labouring hard for some years, and at lengi accumulated the sum of 36 guineas he had recei n i letters proposing a subscription. He heartily age in the proposal, convinced as he was that the unfor. tunate ci eature was one of the greatest objects olds. rity he ever beheld. She was subject to fib of I*, and had found it a matter of great difficulty to ga employment on account of that desperate visitaties She was now without a penny, or a relation °tidal in the wnrld, and the loss she had sustained was apprehended, affecting her mind in a manner de most alarming. Some benevolent individuals at Ho merton, who had been deeply interested by the phi statement of the facts in the papers, had already transmitted £2 15s. to him for the benefit of thegirl He should himself subscribe two guineas, andshoull readily receive any donations. Bow STREET.—Yesterday, a person who has Welt borne a respectable character in society, was hroegk up, and underwent a long private examination, on charge of defrauding the Stamp-office of the sum d £3O, under circumstances of rather a curious can The examination being private, we can only gives short outline of the facts.—lt is the custom at tie Stamp-office to make a certain allowance to de holders of damaged or useless stamps, upon their bong returned, and some time ago the defendant, who his occasion, in the course of his practice as an attorney, for a considerable number of stamps, returned one such as is used for the probate of a will, and the value of which originally was £3O, and claimed the allow. ance money. The stamp, on being examined, as found to have marks of ink upon it, and it occurred to the clerks that it had been used, and the ink afar wards obliterated, in order to obtain the allow° money. The stamp was shewn to the Comniissionn, and a farther inquiry being instituted, it was ace. mined that the stamp had been used, and the" writing had been almost entirely obliterated ht chymical process. The defendant was, in cos% quence of this discovery, taken into custody.—k ANDREWS attended for the prisoner, and it was dr mitted by him that there was no proof of fraud—A ter an investigation of nearly two hours, the deftsi ant was ordered to find heavy bail for his appearal on Monday next, for a farther examination. Wm. Mitchell and Daniel Taylor were re-examiriel, charged with plundering a waggon of the whok I its contents, at the White Lion, on Epping Fo When the prisoners were first apprehended a portion of the stolen property only was found them, and a reward way offered for the discovery the remainder. On Sunday, a man named Breve, told Mr. Wai son, the owner, that having dreamed it certain goods were deposited in a particular parts' Epping Fore t, he had gone to that spot, and del found several trunks, &c. which, from their app ance, he suspected to be some of those stolen from* waggon; and Mr. Watson, on going with thepoll to the place, found the goods. Ihe witness mildest say that they were placed there by the prisoners, ime would he confess that he had any knowledge oldies The patrol, intimated his suspicion that thedreiwe was concerned in the robbery. The Magistrate, how. ever, after a long examination, in a privatetoomalr charged him, and remanded the other two. BIRTHS. Tuesday, at Elstree-Hill, the Lady of William Irving, of a daughter. At Roebuck•Hnuse, the Hon. Mrs. Peter Lateuche, dans On the Bth Instant, the Lady of Sir James Fellowes, al bury -House. I%IARRIED. Tuesday, at Dumfries, John Ilyndman, Esq. Adauter,* Maria Lemaistre lacrae, daughter of the late Jams Esq. of Holmains. DIED. At his father's house, Knowle-Lodge, Warwickshire.Th ils Knight Blyth, Esq. Scholar of Worcester College, Oxford. Tuesday, at Greatbridge Cottage, near &musty, the Ligl . Lieutenant Bradby,ll. N. COAL MARKET, OCT. 22. Ships at Market. Ships Sold. Price. _. 441 Newcastle 3C} 36s 6J to 4.14 II 10 Sunderland 8 44s 94 to 47s a 1 Scotch Coal k • ow od to 37s 41 --••---- MAILS Tuts xa. Dr& Dublln 1 0 Waterford 1 0 Guernsey and Jersey 0 0 Holland 1 0 Flanders 1 0 Malta 0 0 A as. Kli 1 A at-. on 1 0 France 1 . Hambures 0 I Gottenburgli 0 I • Leeward Islands 0 0 Jamaica i ---• HIGH-WATER at LONDON BRIDGE TO-MOllOl4 Mt:feting . - 53 minutes after 0 Afternoon 14 • f --- I 1.0 N DON : Prilltra and rithliftlivit by Lava K rgok • Plict, "Dm :plc-IW. ( Ca; Pt[ rril 1 is C vovb tbe Ana and Igai can hoc Crc Mc awl 1 Pm Pal P. 1 ri , 1 by