Star. — London, England, 1810-08-20 00:00:00

To no such sickness, or the like annoy, ' Yet if the conscience ba not firm and free, Riches are trash, and honour but a toy; The peace of conscience is that perfect jely Wherewith Gon's children In this life are blest, To want the which, better wait all the rest ! The want of this made Adam hide his head, The want of this made Cain to wail and weep, The want of this makes many go to bed, When they (Goo writ) have little lust to sleep: Strive, therefor , strive to entertain and keep So rich a jewel, and so rare a peg, Which being had, a rush for I'l the rest ! iir.wWllll~isinimassmaisomsmensweammiNiiiimaNart THE 7937-41, GOOD CONSCIENCE. " • • I V` C I ' nty fare To . • • • -• , k's care: , - Altltoogit • • aistriery rare, The gr you ; t e cholic, and the stone, Will mar their mirth, and turn ft all to moan But be it that the body subject be Liflr INTALLICENCE. COURT OF CHANCERY, AUGUST 17. QUINT'S AND OTHERS V. PARRY AND SCOTT. Sir SAMUEL ROMILLY stated, that three Gentlemen of the names of Quintin, Callenckr and Hanson, who were the plaintiffs in this case, had formerly carried on business in the glass cutting line, along with the defendants Mesrrs. Parry and Scott. In December, 1807, the plaintiffs quitted the concern, giving up their interest in it to two Gentlemen of the name of Macnamara. Since quitting the concern, the plain.' tiffs bad discovered that the defendants had been in the use of granting Bills under the firm of Quintin and Co. of the eld firm of the Company, and which it was stipulated, on the dissolution of the concern, should be discontinued. On complaining of this breach of agreement to the defendants, the plaintiffs were assured that they should never more have occa sion to complain on the same head. With this the pl intiffs were satisfied at the time, but it was not lnr g before they had reason to know that the practice w:es still continued, in coLsequence of which they found themselves necessitated to file the present Bill. The application now made, was for an injunction, re straining the defendants in m granting such Bills in time coming.—lnjunction was accordingly granted. DE MANDEVILLE v. DE AIANDEVILLE. The plaintiff in this case was the father, and the defendant was the mother of a female child, who was a Ward of Court. The father, being a Frenchman, was an alien enemy ; and the mother was an English woman. Disagreements had arisen between the hus band and wife, in consequence of which they se parated. The husband went abroad, and, on his re. turn, filed a bill for having his child delivered up to his custody ; or, for having her placed in such cus tody, as that access to see and converse with her should at all times be afforded to the father. An affidavit had been filed by the father, which it would be improper to make public ; and, on a reference to the Master, he had made a report in favour of the =other, as being the person most proper to have the custody of the infant—the father having access to her at certain times. Sir S. RoMILLY, for the defcnd.,nt, now moved that this Report of the Master be approved of. Mr. BELL, on the part of Mr. De Mandeville, begged that the case be postponed till next petition day, he having had no opportunity of perusing the affidavits before the Master. No inconvenience could result to the defendant from this arrangement, she having at present the custody of the child. The plaintiff, who was the father, had surely a right to look into the evidence on which the Master had acted, and to consider if it could be rebutted. Sir SAMUEL ROMILLY pleaded the anxiety of mind in which the mother was kept, as an argument in fa vour of the immediate consideration, and, if it should deserve it, approval, of the Master's report. The LORD CHANCELLOR could see no objection, as 'natters stood, to the delay proposed. The matter was accordingly ordered to lie over. AUGUST 18.—EX-PARTY SANSOM, IN THE MATTER OF HARRISON. Petitions had been presented for Mr. Sansom and . the other Assignees, under a commission of bankrupt, taken out against Mr. W. Harrison, sen. Mr. Goss, Mr. Cook, Mr. W. Harrison, jun. and Mr. J. Fair weather Harrison, carrying on business under the firm of W. Harrison and Co. praying that two seve ral commissions posterior in date under which the Petitioners were Assignees, the one being a commis sion against the same Company, but only compre hending the other four partners, with the exception of J. F. Harrison ; and the other being a commission against J. F. Harrison alone, should be superseded ; on the ground that the whole partners of W. Harri son and Co. being already made bankrupt, no subse quent commission against them could be valid ; and that it was for the interest of all concerned, that only one commission, comprehending all the parties, should continue to be worked. Mr. LEACH, Mr. BELL, and Mr. HALL, contended, that John Fairweather Harrison was not a partner of the Company, but only their agent in London, and that if the Commission against the five was void as to one it must he void as to all. On the other side, _ _ Sir S. IL TITLLY and Mr. MONTAGU insisted, that J. Fairweather Harrison was at least a partner as be tween the Company and the world ; and had been in the constant habit of accepting and indorsing their bills, which were now in Court to the amount of £lOO,OOO. The LORD CHANCELLOR thought the question as to the partnership with J. F. Harrison, so far as the pub lic was concerned, a very nice one. He therefore ordered, as the best thing for all parties, that in order to try the question of partnership an action should lie brought by the petitioning Creditor under the com mission against the five for a debt, as against the five, and that in the mean time, all proceedings un der the commission against the four, and against the one, should cease, except as to the proving of debts. COUNTRY BANK ERE. RR-PAW= ROWLEN AND MORHALL, IN THE MATTER OF BRICKWOOD AND CO. Mr. LEACHZ stated, that in th;s case, which re garded the right of 'the Assigneeb of die iankrupts to retain a number of :heft bills, to the amount off 1,421,000, the property of the petitioners, but which the Assignees claimed a right to retain, in conse quence of certain extents issued by the Crown, the petitioners had now obtained the consent of the At torney General in behalf of the Crown, that these short bills should be delivered up. Mr. HART said the Assignees felt themselves pre cluded from consenting to any order of the kind, un less the extents were withdrawn. The LORD CHANCELLOR said, he had long under stood that a consent or assurance, such as had now been mentioned, coming from the Law Officer of the Crown, was equal to a complete abandonment of the extents. He was at a loss to figure the possibility of the Crown's going back from such an assurance on the part of its Law Officer. If, however, the Assig nees were not satisfied, and did not consent to the or der, things stood exactly as they did before the con. sent of the Attorney-General was obtained. Mr. MoNrAou submitted, that, in such &CUM , stances, the petitioners were entitled to the protect tion of the Court. The LORD CHANCELLOR was desirous of affording to them, and to every other suitor, every assistance, so far as the Court had jurisdiction. Mr. LEACHE said, he understood the consent of the Attorney. General in this case was given in conse quence of an order from the Lords of the Treasury, proceeding on the opinion of the Attorney and Soli citor General. Sir SAMUEL ROMILLY could not conceive that to be the fact. The Solicitor General was on the cir cuit ; at all events he did not understand he had been in town since the petition in this case was presented. Mr. LEACH!, previous to Mr. Montagu's argu ment on the jurisdiction of the Court, begged leave to say a few words. The petitioners in this case w ere the only parties who could possibly be supposed stran gers to the Court. They were no* ready to under take to be bound by his Lordship's decision. The Assignees, there could not be a doubt, were already in Court, subject to his Lordship's order. The King was supposed to be always in Court ; the petitioners undertaking to be bound, he presumed to think that his Lordship's jurisdiction was complete. As to the question how far these short bills could at all be af fected by the extent, he submitted that they could not, but that the extent went only to the ash balan ces, which were actually the monies of the Crown ; arid had been transmitted to the Bankrupts as such, b ing payments made by the Commissioners of the Excise to the petitioners, who again handtd the same individual payments to the Bankrupts. These did, indeed, get into the general cash of the Bankrupts, but still that could not have the effect of making the writs of extent attach to the short bills. The Crown had undoubtedly a right to 20s. in the pound out of the assets of the Bankrupts ; but these short bills were not assets divisible among the Creditors of the Bankrupts, and therefore the writ of extent would never affect them.—Mr. MONTAGU was about to pro ceed in his argument, when Sir SAMUEL ROMILLY stated, that as be was not left 'to the exercise of his own discretion in this c Ise, it 'could be of no use for him to hear what Mr. Mon tagu had to say. His clients, for reasons best known to themselves, had instructed him that they could not consent to his Lordsh;p's making any order in this petition. In these circumstances, as there was other business before the Court which it was essential to the 'ends of justice should be dispatched, he hoped Mr. Montagu's argument might stand to the end. Mr. HART also expressed a hope, if his Lordship should make any order, that he would not impute it to disrespect on the part of the assignees, if they post- Toned paying obedience so it till they should have had an opportunity of submitting it to his Lordship's re-consideration. The Loan CHANCELLOR said he should sit rind hear Mr. Montagu after the other business wa s gone th• ough. Mr. MONTAGU, accord;ngly, after the other blismes was dispatched, addressed his Lordship. Notwith standing the obstacles he had encountered, he still felt it his duty to solicit his Lordship's attention to this case, and he knew he would not solicit itt vain. He was satisfied his Lordship would not impute his perseverance in this case to any improper degree of obstinacy, when he stated, that he was actuated purely by a conviction of the hardship of the petitioners' si tuation, from which he with deference submitted it was within the equitable jurisdiction of that Court to reieve them. If his Lordship should find him right lin the argument he was about to maintain, he was c mvinced it would be a satisfaction to his Lordship to receive information from an inferior officer of that Court. If wrong, he was certain, he Lordship would excuse him, and would attribute his presumption to no improper motive ; and, whether right or wrong, he should not detain his Lordship above five minutes. The case is this. The bankrupts have possession at two different kinds of property, part of which consti tutes an estate divisible among their creditors ; and 'another part is not so divisible nor liable to beclaimed on for any of the debts due br the bankrupts. It so lhappens that the Crown is a creditor, and the Crown is entitled to 20s. in the pound. The question there fore is, does this right of the Crown give to these As signees, at the ruin of the estate of the petitioners, a right as against the petitioners which they would not otherwise have ? He conceived it did not give them a shadow of right. If they had any right, it must be because the Assignees stand in a better situation than the bankrupts themselves did before the bank ruptcy, which, he presumed, would hardly be main tained. It had been decided again and again, that the statute of King James did not give to bankers a lien on short bills coming into their hands. The As signees here, however, seemed to have thought, that being disappointed of one source of payment, they had a right to turn to another fund, to which but from that disappointment they were not entitled to look. He should suppose the Assignees to have in their hands cash which they were entitled to hold ; short bills to which they were not entitled ; and furniture which they might suppose would not be affected by the statute of King James. Would it be contended if they should find themselves disappointed in their claim upon the furniture, that they were therefore en. titled to take the short bills ? Snppose the case of a Friendly Society, the right of which to a full payment of 20s. in the pound had been much doubted at the timtof passing the act ; could the claim of any such Satiety give to the Assignees a right to lien on any short bills in their hands, which they did not other wise posses: Loan CRANCELLOI" There is this difference ber tween the Crown and the Friendly Societies. The latter are entitled to 20s. in the pound, but they have no process which gives them a right to lay hold of these short bills. Nothing is more difficult than to say what are the powers of a writ of extent ; but, in my opinion, there cannot be a doubt „that the Crown can lay in the hands of the bankers is town a writ of extent, which would cover these short bills. Friendly Societies, on the contrary, can only take the 20s. in the pound where they can get it." Mr. MONTAGU-" The Crown may give up the bills and take the cash." LORD CHANCELLOR-44 Is not the Crown thereby entitling these country bankers to get all their debt, and leaving the other creditors to wait till the general distribution ?" Mr. MONTAGU-4g That the Crown has a right to do ; and that will be the case in the end. The Crown has a right to say," I have got your till wit► £22,000 in it—l will keep the cash, and give.up the bills." This the Crown has a right to say—this the Crown will say ; and this will be the end of it, after, in con sequence of the retaining the bills ; in the mean time, these unfortunate petitioners have been ruined. Mr. Montagu proceeded to suppose the case of a creditor who had a set-off ; or, of a customer of the Bankers, the banker being also a tradesman, who, to cover himself, might have taken on credit from the Banker. a quantity of goods to the amount of his debt. Every creditor was entitled, as well as the Crown, to use such a degree of vigilance as should ensure him 20s. in the pound ; but no preference of the kind obtained by a third party could ever give to the assignees a right over short bills which the law did not allow them. This appeared to him to be the right of par ties. As to the jurisdiction he should not detain his Lordship long. He esteemed it clear that no appli cation by petition could he made to that Court against a stranger; and he admitted it to be equally clear that no such application could be made against an assignee, if the facts were denied. Here, however, the facts were admitted ; and he submitted to his Lordship, that an application by petition would be against the assignees by any person who was a credi tor, who agreed pot to file a bill, and gave security for the costs. trhere there were mutual demands subsisting, and the party who was a stranger to the Court agreed to have them discussed in bankruptcy, his Lordship, he submitted, would entertain a petition to that effect. The Loan CHANCELLOR wished to know the facts of the case. Mr. MONTAGU stated the cash balances paid by the Pe►itioners into the hands of the bankrup:s to be £22,300, the amount of the short bills to he 421,092, while the acceptances by the bankrupts for the Peti tioners amounted to A'26,000. In consequence of withholding from them the £21,000 worth of short bills, these bankers in the country had been obliged to stop payment, which they would be enabled to re sume were these short bills restored to them. • LORD CHANCRLLOR." Have you, any debt to prove if these short bills were delivered up to you. Mr. MONTAGU.—ig Yes, nearly Jeaxxx ,, Mr. LEACH .—" Mr. Montagu and I are at issue upon this, where we should be agreed." LORD CHANCELLOR •---g4 If your petition had gone to this, 4 , We have a debt of £3OOO which we desire to be allowed to prove, and there are 811,000 worth of short bills in the bankrapts' hands which we have a right to get up ; or, on the other hand, if the bills arc not delivered up, me cl.im to be allowed to prove to the extent of s':',,,),6oo."—That would be an alterna tive, of the propriety of which I would be entitivd to judge. This, however, is not the question, and these country hankers must be told that tie Court is bound to deal out its justice to them as to all other the King's subjects. And, if this question had come be f tie my Lord Thurlow, he would have toll t!-Lan in elree minutes' time, 44 your remedy is ;:y a Bill in Equity." The Petitioners, for their own conven;ency, have come here by petition, but he would have told them, " you must tile your bill." Mr. MoNTAou--‘ , I submit to your Lordsh;p that there are instances in which the Court has interfered in cases like the present." Loan CHANCELLOR-••-" Here two of the most emi nent Counsel in the kingdom have gone out of Court that they might not be present at the discussion (Sir Samuel Romilly and Mr. Hart having in the mean time left the Court) and Mr. Hart has told me that his clients will not obey my order. In such circum stances, it becomes the Court to take care how it pro ceeds." Mr. MoNTAou—gc The Assignees in this case have consented under their own hands that your Lordship should make an order." LORD CHANCELLOR—« What am I to rnAke of that, when their Counsel inform me that they will not consent P' Mr. MONTACW proceeded to read tile letter and minute of consent agreed to at a meeting called ler the purpose. The Loan CHANCELLOR said, that might have been their intention at the time, but as soon as they con sulted with their Counsel they refused to consent. It was rather too much for town and country bankers to expect of the Court, that having involved themselves in disagreeable relations with each other, it should, in a summary manner, disentangle them from all their inconveniences. Mr. MosTAcu submitted that there were various courses which the Court had taken to interfere in the exercise of its equitable jurisdiction. He begged leave particularly to call his Lordship's attention to a case ex-parte Stevens, where his Lordship, in the exercise of his equitable jurisdiction, h.td fairly interfered, and told the Assignees that they were not to avail themselves of their office for the purposes of oppres sion. The Loan CHANCELLOR said, he should weigh the arguments of Mr. Montagu with all the attention in his power. He wished to be ascertained of the fact, whether the Petitioners would be Creditors of the Bankrupts, if these bills were delivered up to them. Mr. LEACillt stated, that there was some confusion in the accounts as they now stood ; but this should be corrected, and a clear statement sent to his Lord ship. According to his understanding of the ac counts the bankrupts had at present a lien on the short bills, of which, however, they were, offered payment, to the amount of £3797. The petitioners had paid to the bankrupts since the bankruptcy about 02i100. The question in which he and Mr. Montagu differed in opinion was, did this sum go, pro tante, in dibcharge of the lien; or were the petitioners to claim to that extent under the cc mmisston. If his debt was not the subject of proof, the petitioner s were not cr . di. tors of the bankrupts, independent ; of these short bills. The LORD CHANCELLOR wished to b iurnittel against Monday morning with a statem embra cing the views both of M. Leache an I of Mr. m,, n . tagit. His Lordship wished well to Mr. Montagies claim, and should give his decision on the caw uu Tuesday. His Lordship sits on Tues lay to give judgment in some cases which have lain over. 41SSIZE.V. CHELMSFORD, 4U GUST 17. The murder wli;ch was tried yesterday having oe.; curried so much time, Lord ELLENISOROUGIi was not able to finish on the Crown side, but sat this morning. Elizabeth Cox, a young girl of the age of 19, was in dicted for the-wilful murder of her bastard child. James Cockle, a surgeon, deposed, that the priso lived servant with a Mrs. Martha Salmon, in the neighbourhood of Colchester. In the month of May last he was'sent for to the house, as it was suspected that the prisoner htd been delivered of a child. In her bed-room he discovered circumstances that in duced him to look farther, and on searching the pti: soner's box, he found the dead body of a child tied up in an apron. The string was twisted rive times round the neck, and tied with a hard knot. The child ap peared full grown and perfect. He opened the head, when the vessels appeared tinged as thq would have been if the child died of, strangulation. The floated in water ; but this, he said, was a fallacious experiment. Ilts belief was, that the child was born alive, though he would not undertake to swe..r that it was. Martha Salmon, the mistress, next deposed, that she had suspected the girl was %1 ith child, and had taxed her with it ; but she denied it for some time. She observed her very iii bac day, and advised her t.;) leave off work. The girl seemed very trawillog, and asked, if she wea: away for a few days, whether she would be allow cd to velum to her place ? The wit ness said her bed-moan Was near the prisoner's, and' if any chili hal c: ied she must have heard it. She. corroborate-I the sutzeoa as to the finding the body or the child. The Jury found ht.: Not Guilty. The Learned Judge then directed them to say whe ther they were of opinion that the child was born a bastard, and whether she had endeavoured to conceal its birth They found her guilty of the concealment, and she was sentenced to one vear's imprisonment. The Lord Chief Baron finished on the Nisi Prins side early yesterday, and set off for town. Lord ELLENBOIMOII, in passing sentence on the six Irishmen, convicted of the murder, observed—it was a most mAtncholy spectacle to see so many men, in the dower of youth and health" who, from the tur bulence of urrnly passion, had forfeited their lives. It was a case of the most atrocious sort, and which he felt himself bound to leave to the severity of the law. If the laws is ere stifferci to slumber where they had been so grossly violated, the country would j , istly have to dread that such sort of turbulent riot wothd end in the mote fo rm 4 a ble cr;me of rebellion, and weshould perhaps be exposed to miseries which had been suffered by other countries, to which lie would not now more distinctly allude. Whether upon an attentive consideration of the evidence he should be able to extract any thing f:vourable to any of them, he could not now say; bet, with reject to Sullivan, he could not recollect any aggravating circumstances; he, if he recollected !Olt, was Were:) , present, :titling in the general riot. He le xed, ‘vidi respect to all the others, there were facts and exrresions proved which must exclude from favour.—The Assizes here ended. • Y•nr rersons in the neighbourhood of He cum its drawn it!ler by the races last week, sat down to drinking, and were in a state of continua intox;catinn fir two or three days ; at the end of which time they v.-ere seized with so severe an illness, that though they were able to be it removal to their homes, three of them, if not the whole four, are since dead. A young min, of good appearance, was found drowned on Wednesday morning, in the Thames, at Battersea, ea) in notes and some silver were in his pockets. His name, As was discovered by some ma moranlims, to be Giant, and he was a traveller to a very respectable house in John-sir:et, Oxford-street. He was supposed to have been in the country, as he left his employers for that purieose on Saturday last. A Coroner's Jury has sat on the body, and returned a verdict of—Found Drowned. Friday se'nnight, Aral:re Reditath, grocer at Ford, near Edinburgh, was lodged in the Tolbooth there.— I-It is accused of killing one Mac kechnie, a shoemaker. To have a neat little Farm in this happy Isle, or a tight-rig-ged cruizer on the Ocean, or a shop weil stored in Lon Jon, cannot fail to please every one. To acquire such treasures, only lay . by a few shil lings we:My, and on the 19th of October they may be possessed—the smallest share in the Lottery %via procure them. HORNSBY and Co. can manifest tlio , e advantageous circumstances to have taken place in the last Lottery, and many previous ones. It wilt be far better to comply with this voluntary adventure ' and reap .the benefits, than to pay a comp u l s o r y t a r, , from which no good can flow. Hoa Ns av and C 0.., have a variety of Tickets and Shares on sale, at No -26, Cornhiil, and St. Margaret's Hill, Borough, where the last drawn £20,090 was shared and sold. MARRIED, ...... Tuesday, the 7!h inst. at Sr. George's, Hanover-square, Lire tenant-Colonel CoNohow) Grant, of the 15tb King's 1 - livoss, to Miss Richards, ot Dors.ts .ire. Lately, the Ho'n. Mullins, second son of Lord V. r. try, to Mrs. Archer, widow of the late Mai le-General A+ Ow% DIED. Friday morning last, at Erin°, Hot Wells, John Bruck haw, Esq. of Wakhatostow, and of the Royal Exchange. On the 10th init. the Rev. Nathaniel Bristed, vicar 01Haydi n• *nil of Sherborne, both in Dersetshire. On the I Ith hie. at Not thwold, Norfolk, in the 614 year c: his age, the Rev. Richard Whisk, rector of West Walton, an I vicar of Wickford. Cambridgeshire. HIGH WA . ' ER AT LONDON BRIDGE TO-MORROW. Morning .. . Afternnoli ..... 21 "Iquitos aft, r I LONDON; Printed and published by 1,1 7 .VEL RENT. at Sy* it-Or /IC z i No. I, Carey-meet, anti at the 5T414.07/10., Tompio-Nor.