Star. — London, England, 1821-11-10 00:00:00

AN ACREON. ODE IX. TRANSLATED. Fair herild or celestial love, Whither hastene.t thou, 0 dove! Borne through ;ha air on pinion'd wing, Who bids thee odorous perfume bring? What is that thy flight encumbers? 'Ti. the Bard of Teian numbers, Sends me with his blithest strain Myrtale, whose silken reign Weaves round each heart its fairy chain! Fair Cytherea held me long, But lov'd too well Anacreon's song, Who gave bet in return for me A song of his wild minstrelsy! Anil now I an, Anacreon's dove, And hear his letters to his love; He says he soon will break the hand Which binds me to a lord's command. lint I, if he sheuld make me free Would love a willing slave to be! For why, o'er mountain or through grove, Should I an helpless wanderer rove, Or traverse wild the forest wood In search of Nature's wilder food? Whilst now I come at his command And love to eat from off his hand; Anacreon's food, Anacreon's wine, Should he enjoy repast, are mine! Then in the goblet I'll rejoice, The minstrel bard my only choice, When night's dark shades sweet slumbers bring, I'll veil the Poet with my wing, And resting on the .hallow'd lute • I'll guard the strains No seldom mute Away, vain nun ! in haste depart, Thou hast the secrets of my heart ; For thou hast made a simple dove Tell lohger tales than those of love ! LAIV INTELLIGENCE. COURT OF CHANCERY, NOVEMBER 9. IN THE MATTER OF HOWARD AND GIBBS, BANKRUPTS. Mr. HART requested liberty to again mention this Petition to his Lordship, wi.lich was for the removal of assignees. It would be in his recollection that he had given liberty that it should be heard before his Honour the Vice-Chancellor, and his Honour had fixed this day for the hearing. The Petitioners had since filed several affidavits, which hi: , (Mr. Hart's) clients, the creditors, who had successful choice of assignees, had not had time to answer. It would be therefore necessary for him to ask his Honour to fix a more distant day for the hearing of the Petition; but he had another application to make to the Vice- Chancellor, which he did not think himself autho rized in doing without the permission of his Lord ship, as he had directed that it should be heard by the Vice Chancellor for him (his Lordship).• It was, that his Honour would admit the commission to be worked pending the Petition ; if it were not, it tnight be highly detrimental to the estate of the bankrupts, and if it were admitted, tin injury could occur; for,' should the present assignees be removed, they could assign over to their successors in office. Lotto CHANCELLOR.—I can have no objection to your making what application you please to the Vice Chancellor. ODDIE V. THE BISHOP OF NORWICH. This cause has occupied the attention of the Court at different intervals for several years. The question at issue is the construction of a will. The testator, Mr. Thellu,on, by his will, directed that his estate, which was considerable, should, after his death, ac cumulate for a certain number of years, when it should revert to the nearest " lineal male descendant" of his three sons living at the time he framed his testament ; and in default of -any such lineal male descendants, that it should devolve to the Crown.— The property of the testator has accumulated to an astonishing extent ; and the point to be decided is— whether the words " lineal male descendants" ale used to designate descendants in a direct line from males, or descendants through females. It appears that there are no descendants of the former descrip tion, and the plaintiff Oddie claims to be considered as the nearest descendant through a female. His Lordship took a review of the facts of the case, and stated that he felt it extremely difficult to decide upon the construction that was to be put upon the words "lineal male descendants." He said that it was his intention to send the case to the House of Lords for ultimate decision: he would again allude to it to-morrow. VICE-CHANCELLOR'S COURT, NOVEMBER 9. HOWARD AND GIBBS'S BANKRUPTCY. This case having been specially ordered to stand I for hearing at three o'clock, the Court at that time 1 was crowded to excess. A very long discussion en- I sued, as to whether the Petition should now be gone on with, in consequence of the lateness of the time at which some affidavits had been filed, and also in consequence of a Mr. Pearce not appearing, whose debt had been disputed, and which disputation, if carried, would turn the balance for the choice of as signees against the Gentlemen now chosen to fill that office. It was however stopped by the suggestion of the Vice-Chancellor, that Mr. Horne should proceed to state the grounds on which he applied for the hear ing of the case out of its regular turn. Mr. HORNE then stated, generally, that it was the Petition of the three first-named persons who prayed that they might be chosen assignees, and others, who stated that they would be properly chosen assignees under the commission ; and praying that the Com missioners might be directed to execute a bargain and sale to them. The Court was aware that a former commission had been superseded by the Lord Chan cellor, and a second one issued on the 22d of Au gust, and that Mr. Shaw had been one of the as signees under the former commission ; and it would also be recollected, that a petition had been presented to remove Mr. Cairo% on the ground that his debt bad been disputed in consequence of a charge of usury. Mr. HeALD said, the bargain and sale was els° to admit a Mr. Hermon, who was not before the Court, and therefore a postponement must of necessity take place. The VICE-CHANCELLOR said, the first point to de 'tide Was as to the hearing of the case. lioaNs again proceeded.—The former order of the Lord Chanc !',for had superseded the commis sion, and undo' th! new t ornntission there had been many debts proved, and many attempted to be proved; and amongst them one by Mr. Carroll, who, at the same time, g.tve notice that there were more, which he intended to prove at a future time. The Commissioners hal refused to admit the claim, on the ground of usuri, and a refusal to explain its na ture; and it wal ri:)w for the Court to consider, whe ther, under such circumstances, it would permit. Mr. Carroll to be chosen assignee, and entrust him with the custody•of all the books, papers, and writings, under this bankruptcy? He would not say that Mr. Carroll would put them to an improper use; but he would say, that it would be doing that which the Court always did with the most jealous eye, nor until a strict inquiry had been made. Vic E-C ANC ELLoa.—Who are chosen assignees? Mr. HottNe.,Mr. Carroll is one, Mr. Duff is another, whose debt only amounts to £92 7s. sd. and it is expressly sworn that this debt is founded in usury ; and the only question now is, whether or not Mr. Duff is a proper person to be assignee? The other is Mr. Wilkie. - - Vtoc-CHANCELLOR.—The Commissioners thought it was not usurious. Mr. Hoax x.—Yes, Sir, !gait has been discovered to be so since. The next general objection he had to make was, that the names of the Gentlemen had been put in by the bankrupts; and threats had been used to induce votes for them ; in fact, in one in stance this had been carried so far as to influence one person to refrain from attending . at Guildhall. The amount of the debts of the co-assignees was £17,739 7s. 10d. . One of the debts that constituted this sum was that of Mr. Duff; another was proved by Mr. j Pearce, under the following circumstances :—~~r. Pearce was one of two partners who claimed a sum of 4.:1500, and Mr. Pearce gave a warrant of at torney, which was only signed by himself, and which lie contended was not a legal instrument, as though one partner might prove for both, yet he could not execute a deed for boll, and consequently the proof by the attorney for both in the usual way ought to be 'expunged. In fact, the document itself seemed to have been got up in a hurry, for it was written in the first person in some parts, and in the third person in others. The Gentleman in question who voted, was no other than the son of Mr. Howard, and the bro ther-in-law' of Mr. Gibbs; and it was but fair, with out meanir?g to give the slightest offence, to feel the peculiar situation in which he, or any one, would stand under such circumstances. The Learned Coun sel concluded by submitting. that the assignees ought ,on the whole to be dismissed. _ _ _ _ The VICE-CHANCELLOR intimated that Mr. Herne had very properly stated the several circumstances of the case, an 4 observed, that Mr. Treslove would, in all probability, follow the same course. Mr. Tazst.ovz said, he did not feel it necessary to trouble his Honour farther, after the able manner in which Mr. Home had stated the case, and, in fact, rather under than over. There were creditors to no less an amount than £16,000, who had not yet voted, though they had proved their debts; and, with re spect to Mr. Carroll's claim, he contended that it was of the highest importance that he should not have the custody of the books, since there had been transac tions subsequent to the year 181.5 to no less an amount than £200,000. Mr. Carroll had also given three different accounts relative to his transactions, and, after his claim had been disputed by the Corn saissionen, was it to be said that he was a proper per son to be chosen assignee? The VICE-CHANCELLOIL—Has Mr. Carroll made affidavit that he does not mean to prosecute his claim farther ? Mr.Teest.osts said, he (Mr. Carroll) had intimated an intention of petitioning the Lord Chancellor to re ceive his claim. Mr. MONTAGUE said, there was no petiuion as stated, but there was one for £32,000. Mr. Hoene.—Your Honour will thus see what an improper thing it would be to suffer Mr. Carroll to have the custody of the books, *cc. under the present bankruptcy. Mr. BLAKE, in addition to the former arguments, said, such questions had been put to Mr. Carroll as he had not deemed it safe to answer, and the Com missioners had, in consequence, thought proper to refuse the admission of them. He contended that the suffering Mr. Carroll' to have the books would be fraught with the greatest danger in a judicial view cf the features that characterised the present case. Mr. HART, on the other side, contended, that the only question for the Court to consider was, whether anything had been shewn to warrant the hearing cf this cause out of its regular turn ? Mr. Shaw ap peared to forget that he had been joint assignee under the former Commission, with two of the Gentlemen whom he now sought to displace. If there was any thing material for the case being now heard, he thought it would turn on the propriety of admitting the vote on Mr. Pearce's debt. A conversation of some length here ensued on the legal point relative to the grounds on which the Court would interfere, to remove assignees. Mr. BELL contended, that there could be no danger in letting Mr. Carroll continue assignee, as he had been so for a considerable time under the former Commission, and could have possessed himself of all the knowledge he might want to acquire ; and, in fact, this had been the opinion of creditors to the amount of £16,000, who remained silent, fearing no danger. Mr. Monensue said, the only question was, whe ther this cause was to be heard out of turn, or an interregnum to be suffeled in the prosecution of the proceedings under the bankruptcy ? If anything (he observed) is said of this case out of Court, I hope that it will not be said that all that has been alleged is true, but that part of it is truth and part untrue. The Learned Counsel then contended, that Mr. Carroll was a bonaide creditor to the amount of I:l3,ooo,which had not even been disputed, and that it had been de manded to look into all the proceedings of Mr. Carroll, to induce the Commissioners not to admit the debt arising on the three bills. He defended the charac ter of Mr. Carroll against the observations of the Counsel on the other side, relative to the different answers given by Mr. Carroll, and said he had had the books in his possession over and over again, and had had the power, if he thought fit to use it, of gaining all that he wanted. The law must prevail here as in other cases, and be would undertake to say, that the whole of the allegations would be re- butted. When Mr. Carroll applied to prove the *hole of his debt, it would be time enough for the Court to interfere, but at present, he contended, there was no reason for any removal whatever. After some further observations, the Learned Gentleman conclu ded hy submitting, that there was no reason for stop ping the proceeding under the Commission, or hear ing the case out of its turn. The VICE-CHANCILLI.OI4 after reviewing the argu ments on both sides, gave it as his opinion, that the cause ought to be immediately decided ; and at length Wednesday next was fixed as the earliest convenient day on which that could be done, as his Honour could not displace those cases that were entitled to be first heard, though he had not the slightest objec tion to sacrificing his own time after the regular dis posal of. other business. COURT OF KING'S BENCH, NOVEMBER 9. BIRCH AND OTHERS V. CREWE. This, it will be recollected, was an action by the plaintiffs, who are bankers at Stafford, as indorsees of bills of exchange to. the amount of I:9,000 and upwards, drawn by ore Birkes, payable to his own order, and alleged.to have been endorsed by the cleJ Pendant, the Rev. Mr. Ofßay Crewe, a Clergyman Of the County of Stafford. At the London Sitting , : after last Term, a verdict was found lot the defend ant, on the ground that the supposed indorsements were forgeries The SOLICITOR-GENERAL now moved for a Rule to shew cause why the verdict should not be s.:l aside, and a new trial granted, on the ground that material evidence was now in the plaintiffs' possession whiCh could not have been procured previously to the' last trial. Lle moved on payment of costs. The evi- i deuce to which he alluded was that of Birkes, the drawer of.the bills, whose testimony, however suspi cious, could be corroborated in many material parti culars. It would be recollected that Biikes had ab- sconded to America; from thence he had been since traced to Bourdeaux in France, and in the month of September last was apprehended in the neighbour hood of the London Docks, where be was passing under an assumed name. Inasmuch as the ground of defence taken at the trial was, that the endorse ments on the bills in question tad been forged by this person, his evidence on a new trial would be of the utmost importance, particularly under the esti aordi nary circumstances which cane out at the trial, tend ing to prove that an 'intimate connection had subsisted: between him and the defendant, who, it was admitted, had had some bill transactions with this person.— After Birkes had been taken into custody, he was taken to Stafford Jail, where he now remains, under a charge allot having surrendered to thecommission of bankrupt which had been taken out against him. No charge had been preferred against him before a Magistrate, and therefore he was not in the condition of a person actually committed for felony. Consi dering the importance of the case, and . the extraor dinary circumstances to which lie alluded, he trusted', that the Court would think it one which deserved further investigation , on the terms of paying costs. After consulting with the other Judges, the CHIEF JUSTICE said- 44 We think there ought to be a Rule to spew cause, but the affidavits upon which the mo tion is founded must be filed, in order to give the other side an opportunity of answering them. Our doing this, however, is not to have the slightest weight with respect to any other case that may berried upon other bills, which' are supposed to have been indorsed by the defendant. I cannot forbear stating, that from the situation in which Birkes stands, the absolute subjection under which some of the plaintiffs, who are the assignees under his commission, hold him, whatever conies from him, under such circumstances, will be received with great distrust."—Rule granted. BAYNE qui tans v. HODSON. Mr. JERVIS moved to set aside the verdict for the plaintiff in this case, and enters nonsuit. It was an action to recover penalties under the Hawkers and Pedlars' Act. The Act provides, that it is unlawful for any hawker or pedlar going from town to town, with carriage, horse, or on foot, carrying goods, wares, and merchandise, with license or without, to open shops for the sale of goods in any of the towns through which he or they may pass. Every person offending the provisions of the Act in the above re spect, is liable to a penalty of £5O. The defendant, who is a travelling auctioneer, sold books in a room at Stourbridge. It was contended at the trial that he did not come under the Hawkers' and Pedlars Act. inasmuch as there wks no proof be went about the country carrying goods with horse or carriage. He was described, however, to be an itinerant auctioneer, and the Learned Judge who tried the cause was of opinion he came under the intent and meaning of the Act. The Jury consequently found their verdict for the penalty. Mr. Jsavls submitted, on this occasion, that the defendant was not liable, but the Judges held that the verdict could not be disturbed, and refused the application. THE LORD MAYOR. At twenty minutes after two o'clock, the LORD MAYOR Elect, the Ex-Lord Mayor, and civic attend ants, entered the Court, as usual on this day. The Chief Magistrate proceeded to the Bar, and Mr. CommoN SERJEANT made a motion to record some proceedings connected with the rights and privileges of the City of London. After the Court had ordered the same to be recorded, the COMMON SERJEANT, in the name of the Lord Mayor, Sheriffs, and Aldermen, invited the Judges to dine at Guildhall. The Pro cession then withdrew. COURT OF COMMON PLEAS, NOVEMBER 9. SMITH AND OTHERS V. BELL. Serjeant PELL, on behalf of the defendant, moved for a rule to shew cause, why a verdict that had been given for the plaintiffs , should not be set aside, and a new trial granted. It appeared by the affidavits on which the motion was grounded, that the action was brought on a po licy of insurance, which had been effected on the ship Friendship, and a cargo of rice from Java to Mauritius, to the amount of £lO,OOO. The action was brought in the names of Smith, Rickards, and Bridgeman, and the policy was effected on behalf of Armit, Robertson, and Wilson. The Learned Serjeant said the question mainly turned on the seaworthiness of the ship, on her leaving Java, and to prove that she was not seaworthy, he produced on the vial Captain Sobart, who had been at sea upwards of fifty years; to whom he put the question, a Are you competent, from the log-book kept by the ihip Friendship; between Java and tl4ll Yitius,io say whether the weather she met vtithar oo li have injured her, had she been seaworthy on leaving the port . of Java ?" This question ahe Learned ...todri before whom the cause was tried, ref use d t o a ; t , to be put. Mr. Justice PARK, before 'whom the caus e tried, said, I objected to the question, because. : answer was to be founded on the log-book, Alit might be imperfect. Serjeant PELL.—Armit's e7idence was theumeit if he had lead the log-book ;he stated pm tail it,. 4 1 said all was true. In all cases of personal iej tt medical men are allowed to give opinions, ill dente, formed on the evidence of facts gin* other witnesses. CHIEF JUSTICE.—The opinions of pram arc admissible on facts that are agreed "; you put a case hypothetically on disputed &cu.! , The Learned SNjeant said a third Objection to .* Verdict was, the Jury found a veraktior a total }e., with the right of salvage, although ther e h ad c4 no abandonment, contrary to the charge of Learned Judge. 7 The Solicitor for the motion here as reseed t i e Corn t, and stated, that alter Mr. Justice Park ha left the Court, the Jury agreed in a vadict for the plaintiff:, for 22 per cent. but a Gentleman who w 4 in Courz, and who had not been examined in ti lt came (the Folicitor named the Gentleman), gave th e% son e further information •on the subject, and tlk is changed their verdict to 34. per cent. Mr. Justice PA RK.—The officer of the Court .honk have prevented that. Perhaps it is a reason whi t Judge should not leave the Court till the verdict i t delivered. c ults JUSTICE.—That might sometimes leep.a t in waiting all night. (To Serjeant Pell.) Take )(w rale. Let an affidavit be made of that fact. 11IRTA. 'Monday, at Glisgow, the lion. Mrs. Marshall, the lady g Lieutenant Marahall, 91st Regiment, of a son, still horn. MARRIED. Wednesday se'nnight, at St. Andrew'', Auckland, W i l k Clutterbuck, of the 65th Regiment of root, to Mary Amo k youngest daughter of the }ate Hon. Thontas Lyon, of lim a House. near Durham. tiaturtlay se'nnight, at Southwell, Mr. Wm. Bury, damn of Captain Bury, of Rwpon, Yorkshire, to llarriet, &seated tie Rev. C. Yowler, M.A. Vicar Choral of the Cl ' egiate Chgi at SouthwelL DIED. Oct. 29, at Ancbintroig, Stirlingslrire, in the 25th yew iflh age, Wm. :11aclachlan, Lieutenant on the half-pay of them, Regiment. He served as a Gentleman Cadet in the Scots( at the battle of Minden: l lnd is believed to base outlived * N g all his fellow-soldiers engaged on that memorable day. Oct. 29, at Burgh, Lincolnshire, aged 65, William Star, • honest industrious cottager ; he commonly went by the samet Captain Shaw, as being the. best maker of clay walls for baillap in that neighbourhood. Oct. 29, aged 16, Mr. George Atcbeson, of North NA mariner. He lost his life by over exertion at the pumps Vie ship Peace, when wrecked on Tynemouth.bar on thel9thet Oct. 21, in the 80th year of his age, John kwen, F.sa'abo may truly be said to have been a most useful member of runs and one of the most respectable public characters of Abates for more than half a century. With the exception of mica SUMS kft to the public charities of Aberdeen, he basher/NA the bulk of his property (perhaps fifteen or sixteen Mum' pounds), to the 31agistrates and Clergy of Monnme, fa the purpose of founding an hospital, similar to Gordon,' llopit4 Aberdeen, for the maintenance and education of boys .4 NB WGATE .6 lie LEAD P.NH A LI. MARKETS, Nor.ll. (By the Carcaie.) Beef ...........2s 4J to 3s 4d I Veal 4d to Ss O 1 Mutton..• ...... 2s 4d to 3s Od I Pork ....... 44 to St 01 PRICKS o► HAY AND STRAW YESTERDAY. ST. IOWES'S. W EITICAA7II. Hay SI Os Od to 41 Ss Od Hay... 31 lOs to 41 41 01 Straw 1 7s Od to 11 16. Od Straw 11 Ss to 1111 s el Clover 41 Os Od to•SI Os Od Clever 41 VI to g SS 4 PRICE OF HOPS. WEW NAGS. NEW TOCCIIIS. Kent Sussex ...... 21 Os to 31 Os Sussex :1 5s tog Essex Foreign ... 01. Os to 01 Os Farnham._ 71 Os to PRICE or TALLOW, Town Tallow 46s 6d Yellow Russia • 46s Od White ditto ..... 454 Od Soap ditto Melting Stuff 39s Od SO.l P, Ect. per WA Ditto rough .............«9 Yellow Soap • Mottled ... . ......... Curd 9 ll Paint ..... . ....... PRICE OF CANDLES—From Tallow Chandkra' ll* Candles, per doz. 9s 6d--111oulds, lls 0(1; fid. per due. . allowed for ready money. HAW HIDES. Best Heifers and Steers (per Ordinary ... Os Od to ts g stone) .....2s 8d to 3. 44 Market Calf 9s Od to os d Middlings ...Os Od to :Ss Od Eng. Horse Os Od to ot d Sheepskins. 20. 6d. to 3s. Od.—lambs, 21. Od. to 3s. 04. PRICE OF LEATHER Butts, 50 to 561bs each ................ ......., 2 20dmi 3d to to to 2:4r1 Ditto, 56 to Golbs each Dressing Hides Fine ('ouch Index 20d to 211 114 to 19.1 Crop Hides, 35 to 401bs fur cutting IMtto 45 to 50ibs me to 2ld Calf Skins, 30 to 401bs 22d to '-',44 1M:to 50 to 7011ss 26d to sod Ditto 70 to 1101bs 24d to fled Small Seals (Greenland) 181 to 194 Large ditto... ~.. ... .......--d to —4 Tanned Horse !fides DM to 19. Spanish Horse klides... „......... . ....... lO4 es Ilf ...___ ----- COAL MARNiff. Nov. 9. Ships sold. Price. 32$ • Ws OJ to Cs g lei 37s 0.1 to OM 1 22s Od no co 4 Ships at Market. 4 2 Newcastle 111 Sunderland 1 Cinders COUNTRY MARKETS. Mimeos, Nov. B.—Wheit, per load, £l6 Os to mit' New Wheat, £8 to £lB 11:----Barley, per quartet, 01 99a.—Oats, 16s to 30s—Beans, 25s to 37:—lye, k7s. Peas, 31s to .14s. NamaURY Bum Nov. 8.--Wheat , 9.5 s to 84 4 --rafilt 20s us 322 Bees, oats, 20 to 30s—Beans 20s t• 425—W+++0 Ito 34s.—Rye, Os to Os—Bread,- Is 6ato Is *per Gallo. Ozroao, Nov. B.—Price of the Half-peck Loaf (Routh Is. 9d. BANBURY, Nov. B.—Wheat,4s. od. to 11 s. Od.—nealtS 3 ' . II to Ss 6(l—Vetches, Os Od per bushel.—Barley, 201 to 41+' Oats, 24s Od to 34. Od per quarter.—Bread, Is 10d half P" Flour 645. per sack. Saussuar, Nov. 6.—Wheat, 425. to 76s pt -r 28s to 36s—Oats, 20s to 26s—Beans, 48s to 525. Mime, Nov. B.—Wheat, 37s Od to 42s Od—Ruley, 0 Od to 391 Od—Oats, 2010 d to 32s Od—Beans, 206 Od •• .: 10 ‘ 498 Sacks of Wheat sold at the average of s)s. MAILS Dublin 7 0 Waterford 1 1 Guernsey and Jersey 0 0 Holland 0 0 Flanders 0 0 Malta 0 0 IlAhon 1 • France i Hambu . rgit 0 S Golenburgh 0 Let‘vard Isbmis OS e Jamaica HIG H• W AtFlt st Mkrntng Afternoon 'N 19 rrxil,:e: gter 3 39 3 LONDON ; Printed Ind nublia4rllr Lava. hest, Tl.ntalor.nar. A Mi . ''' 4.1..... 7411 ~~ •. T' 11 ao'Cial "AO Awl ' sttelm ST to du Pe a o f old soc B' 'MC Jr , . ](rs. pits. Willi lairs. Hon. Mrs- At La Bled IN DI Tres and Corn and Seen be s whet T .J. dome for h Will tain Rio vadi CR. Ilei: dea LL t 1 hi 'to t dee to' Ica Col