The British Press; or, Morning Literary Advertiser. — London, England, 1807-12-01 00:00:00

-__ ~'e ..-... ?Lill OF THE SELECT ASSE;rIILIES. Lit• TUS NEW susscurnote Rt e 4•45, 1 , 4 ARGYLESTRRF.T, tea •mor. Qp. a only to Pers,,ni 01 Dailtuortion, - Family, and Ilrcrtune, end Padrealsed by thirty Lodtes of the First Rank. lb. Selma* Theatre. calculated tneeontain about six hurt. bpi pawns, will open no twelve successive Monday nights; • g bb short Musical Italian Pieces, interspersed with varieties, o geelated.as please a *elect and elegant audience. gy about Eleven *'Clock the 'toilettes will conclude, and ' &suite of Assembly Ronme will be thrown open, with ro omettes, cold suppers, etc nallime also to be four Balls, with full and regular Sup. Noy Mit of which will be A Bel Pod, on the King's Birthed', And One Masque. Rail, to conclude the season. flow Assemblies, in number sixteen, will not colonial:1P biker the end of February Although a greeter mixture of company may be allowed at ▪ manmade than on tither nights, the greatest caution will b ss uiereed with regent so the uuieof tickets; therefore it bas IKEA deviled, that on that night no extra tickets shah. be al lowed but to the Patronelse. theiassives, who *ions shall have the power to distribute them. As well for the purpose of obtaining room, as in 'hew some mare of distinctions. the Ladies who have heels so u)liging as .' , Knew Patrottesses, and take the trouble of heisting hate, a ef commodious Boxes have been constructed. which • anpiopriated to the use of those Ladies, the Royal y, n,, the Cliarnbetlain, and Stranger of Dittinctiun. The BUN cossesunscate onssnedittety with the area, by which imam, such Subscribers as are twitted to them have an easy *seem. AIM expense Um been, or will be, spared, to render these Ashaddies worthy of the exalted patronage which distin giddied tkem last mason : so nn measures will be omitted to Were the company that order and decorum which should be isesearable from a Utility so constituted TERMS OF SUBSCRIPTION. Ladies Ten Guineas. Waltham' Twelve Guineas. A Lady and one unmarried Daughter Siattan Guineas. N B. Wtth the consent of !awesome". any tin Names may be salted so *sae Subscription. • DECLARATION TO THE SUBSCRIBERS lo salting this I,6,htutiost on rout, the Preptietnr. have had merit objects in view :—list, They wished to afford Parittlit of ,sal rank arid consideration in life, the power of ineet-ng together io a way concenial to their irc'tnations, and secure lee the irstresaion of improper cumparty.webeceadly, They woad, desned to introduce Bond taste into a public annou nce'. and to one-image and protect , as far u their mewls ca scaded, talent and genius of every deseriptim....Tbirdly, They soileiLired it possible to extract, from the pursuits of pleawrs, a very eunuch rable anneal sum, to favour act oljecis of benevolence; and, in cosier/nue, is soon ai the heavy toms expended in enibelashmente and ales:at...no shall be reimbursed, e pert of every Subeciiption is to be dedicated to that per nie. la the el. At Um., the produce of • free Bcnegt will be ap prepriaiei in vie next season to a Charity which, though in itt taint mate, redo& Mir higheit :ionour n., this country. It say Out be amiss to observe, their o,uch I nsuxsympsa, Me Main with retard to the aerial tooting on which t'ie Ar gyn./nun Institistiou stansi•—some have conceived that crest gases have ar...ns, end are likely to accrue from it; others, oss the connate, imagine, from the lowness of the subscriptiiiii and expensiveness of the estaWishment. that two most attend the undertaking-Artither act these comma. is correct s the real fact is, that it it continues to receive, for a few seasons, that tappets which distii.guithed the last, the ccoral rambled an preparing It for the reception of the Sulweribers, will he reduced the actual value of the oremiees, whole the interest on the whole will be regularly deducted, ant the liberal cupcnme of the seseiteinnunit. defrayed. But toe Pnrprietare, while they direlaim any mercenary motive, bare a much prouder eaj,ct in view; they Molly hope to see the handing made the con troul aid protection of those who lose to enceerege the A.le, gad whose cultivated minds we reject the nano* united opi elon,tbst the tastefel uccupatimi& ot social life, are not In ' racier with the d ignified Marital:es of Science mid Philesophy-a on this subject, however, they shall tint, at presort, expatiate, Lathau hopes end raptCtit , ollS What they may all that I. tu mours new to stet*, is, that haying, Miring the Autumn, run tiered the Insildeng capable of *envies iota effect every object they proposed. they WA/ declare, they *ill cheerfully all emoluments whatever which may arise through the mans of the license, or the amount of the sutecn;ition, as it is their intention that the whole of the receipts should he expend ed no such objects a. the above tuned, end fur the central ad vantage of the Society. They will, without any roveme, lay before a Committee, whenever a respectable um shall be A ppoilited), an exact Ac count of all monies expended at received, and exchanging 'he manse of Proprietors for that ',Sharon, will readily twit us to give the Establishment all the assistance "phial it is iii their power le be low. CITY RUINESS. __...-_ A Court of Common Council is summoned for Thursday next, to consider a Motion, of which notice was given at the last Court t " That this Court having, on the 24 day of Oftobor, IE4, resolved to thank Commodore Sir Home Popham • for the •ery important strikes rendered by ham in toe rapture Boenos Ayres, at ones opening a tiew 'trance of coalmene le the manufactories of (;rest Britain, and depriving 111/11 em mies of one of the richest inal most esstrasive colonies in her poasession ' and also to present to him a sword of the value of Two H uadred Guineas; a-il it silvering from oilcan:t anners which have since tranvpaed, that the said resolutions wets prematurely end imprope.ty mitered into; this Court are of opinion that they ought to be ezpunged from the punnets of its proceedings, and do lieleby Mina Mr. Town Clerk to ezpinage the Same. Mr. Warranass is the mover, and, we under " Rand, is way sanguine in carrying it ; on the other hand, it sto be opposed by Messrs. ROWCROFT, Dann. %WAS scot. It is espeCbed to be the fullest Court known for a long time. The Duke .f Kant, from Newfoundland, for Por tugal, was captured oss the 20th OEtober, re-tak,n the same day by the Meipeaseisa higate, and again taken on the Ist November. Aa American ship, the Katy, is arrived at Dover fiom New York, for Cherburg, with sugar. coffee, pot ash. &c. having been warned by our cruisers nrt to ewer that port. A letter from Madeira, dated 511 °Bober, says— " the Lady 13.resameii will sail in eight or rim days for London; she %Vest-lndia fleet is under weigh ; Admital Dowel'', with the EsiOndia fleet, will sail so-morrow, leaving behiud the Tigress and krperi sent." Sir Hosts Porti•w arrived at Portsmouth, on Wednesday, at Captain Mainsail's, on his way to Cowes, on a visit to His Ruyal Highness the Duke of GLOUCISTIIII. He returned to Captain Maas mar's, on Friday night. and was to eetum to Lou. doo yesterday. Wheo Sir Holds first appeared al Portsmouth, it was supposed that he war ectierato inspeel the fitting out of the expedition. Earl Ftezvett.tr•ss has presented the Society of St. Patrick, in Liverpool, with the generous do nation of 20001. The liberal manner m which the Bankers, Met chants, and others, have stepped for ward to protect this infant Institution, dues mem the greatest honour, and gives every promise of the growing prosperity of an establishment, which, we have no doubt, will be found in its results to be a groat national blessiug. I . LAW I NTE LLIGE NCR. fr COUltr OF KING'S STNCH—Nov. Lord Ettesienenuois sat this day at Nisi Priv, but nothing of puslic interest occurred. His Lord ship left the C Hirt at two o'clock. to attend the Meeting of the Juoges, at their Chambers in Ber jeant's Inn, Chancery lane. COURT OF COMMON PLEAS. Sittings at Nisi Prins, brf re Lord Cdi.j Jratice MANSFIELD. at Werlnsiourer. lIECKWOITM V. FAULENZR. Serjeant Si. Miaow stated, that thi . was an action to recover 1001. lent by Plaintiff to Defendant. The Plaintiff was a Lady, a relative of the Defend ant, who ininrmcd her that he could make a vast deal of miiavy by going into the cotton manufac ture, and' that if she would lend him 2001 he would take her into partnership for three months, allowing herr besides her share of the profits. five per cent. for the money, and he would repay the principal at the expiration of the three months, the Plaintiff giving six days notice. An agreement of that nature was accordingly exe cuted, allowing Plaintiff eighteen days to produce the money: On signing of the deed, she paid 1001. Defendant had informed her he had taken a con cern. for the purpose of carrying on the business, but in a few days she found he bad net, and there• tore she did not give the other 1001. Plaintiff re- I peatedly demanded tier money, but could not get any satietedioo, aud Was forced to bring dm pre sent action. 'the Attorney, who drew the agreement. proved the payment of the risno.y. Seijeant BeST, for the Defrodant, stated, that although Defendant had not taken the concern first /agreed upon. he bad taken others. and Plaintiff not fultilling her agreement, Defendant sustained a nueerial•injury. Sir JAMES MANSPIRLD was of . opinion that De fendant broke the contrad by not haying taken the concern agreed on. The Jury returned a vetdid of 1501. damages far the Plaintiff The remainder of the Jay was occupied in bear ing undefended causes. _ _ ‘. • BULLOCK, T t: tt KR UPT. Yeuerday a meeting of the Judges rook place. at two o'clock. to hoer trig ariorments ot Counsel upon the points of 'saw, left tot their opinion, relative to the case of Tile atNo r. JAME , lIVI.LOCIL. Tee eAriKtUrr• Mr. H01.1143Y0 a On the part of the Prisoner, first addressed their Lordships. and stated, that this matter came befa4 •them for their opi-onn non* certain points which hat ozeurrei upon the trial of James Bullock, at the 01.1-Bosley hessionr, for having aged contrary ti the Bankrupt Statutes - . To that indictment he had four isijections to submit to their consideration. The Seat *as, that the alle gation contained tbere,o, that the commission of badkroptcy h.td issued under the Great Seal of Great 'Britain, Was not grand, there being a Va riance. in that respedt, between the proof and the indictment. In support of th i s position,. the Learned Counsel quoted the eev•tral Acts of Par liament. viz. the 13th of Ells. ch. 7. .ea. 2 the Sth of Anti, ch. S. einualnitig the Ankles et-Union with Scotland, and also the AA of `lie present Ma jesty in 1101, containing the Art.cl4l of Union with - Ireland, in order to show the real raisearug of the Legislature to have been, that all deeds and com missions issued under the Great Seal, were, after the first af these Unions, expressly stated to be is sued under the Great Seal at Great Stitaia, and, atter the latter Union, the Great Seal of the United Kingdom. Although the Counsel upon the other side (Mr. Gurney) had, at the last meeting of their Lordships. stated various Statutes passed since the Union of the three kingdoms, in which that Seal had been sometimes denominated the Great &al of England. the Great Seal of g reat Pritain. and in others the Great Sr al of the mpire. or the Great Seal of the United Kitiglom, yet he (Mr. Holsoad) held, by wh..t..2ver names it was called in Statutes. that it coital not vary the thing itself, as Citrus only looked to what the Legislature meant to express. althaegh construed, in various instances, incorredly. le cases. however, where any allega tion was to be given in au indiament, dr stated in writing, is any solemn instrument us deed, or in any pleading, it was absolutely necessary that it should be correctly started and crialy proved. It was enough that the strews by which a commission of bankruptcy issued, required it to be under the Great Seal of the United Kingdom, in order to give it ; and upon this ground this material allega tion, cootained in the present indidrnent. was not proved. •ss the commission itself would not have been valid, had it not been issued under the Great Seal of the United Kingdom, the Lord Chanzellne himself having no power to issue it under a seal of any separate part of His Majesty's dominiens.— The second objection wai, that upon this trial there appeared to be an all of bankruptcy prior to the petitioning creditor's debt. while. by the statute of George 11. a bankrupt was only to be discharged from such debts as were incurred at the time he became bankrupt, i. r. by committing an all of bankruptcy. and not from any that accrued sub sequently thereto. No debts could be proved under that commission, except those previous to the ad of bankruptcy; and no eirittur would be relieved under that commission. "wept upon debts existing at the time he became bank rupt. He submitted, therefore, that Mr. Bul lock became Imakrupt at the time the first aft of bankruptcy was committed. In support of this argument he cited several cases. His third ab jection was, that this Mr. Bullock was Dot duly or regularly declared a bankrupt. as stated in the indictment ; the aft of bankruptcy having bees proved before the Commissioners. upon the evidence of an incompetent witness, or one who being him self a creditor, was thereinto interested. He sub mitted, that in proofs of this nature. the statute did not authorize Commissioners to receive the testi mony of any witnesses that would not have bees competent in Courta of Justice, as the proof in tea gard to ads of bankruptcy woe merely for the pair. pore of knowing whether or not the tads were true. and the tendency of it wee to deprive a person of all "g!' 7.711 r hilPert!, and submit it to their entire ,*eisinion, and that of his credit tit s. pet son p,lllrekl this faa, init.* present iostanee, although no: interested upon the trial. his debt baying been then settled, yet had been interested upon the former oce•tion, and. therefor . r.asin Courts n: . Law, it sew to be doubted, whether or nothewoold tellthe rrutb• l'ise fourth and ~..- last oblation he had tourge on behalf of thisunfortti- Date person was, that the Commission declaring him a Bankript. had not been duly stamped ; an ob . jettiln, which, although he himself formerly felt inclined to wave, yet out of dMerence to Mr. But. lock and others, who advised him, he thought it his duty to submit to their Lordship: consideratims He understood, that ut-..n the Commission, there was a trehle six-penny "ramp. according to an old aft in 1626, w..ereas a chairs, in two subsequent ells, the 32d of Giro. II ch. 13. and Alt 23, Geo. 111. chap. l$ and ill, seemed to impose a duty of Ss. upon all such deeds or mandates, as issue out of the Courts of West.ninster These were the grounds he had to orlonit on betelf of this unfortunate, indi vidual, no .+ under sentence of death ; and he hoped they would have their due weight with • their Lord ships, in giving that opinion which was to deter• mice hie Jonas. Mr. GURNEY, nn behalf of the promention, ar gued, that as to the first of these objeCtions, there was no foundation for it whatever, as there could be no greater reason why the Great Seal should be more accurately described in the ludiettneot in question, or in any other deed, dues in the several Acts of Parliament that had passed since the Union of the Three Kingdoms. As he had formerly sub /flitted the various denominations under which it went, ki no less than test snbseltrent statutes, he should tee •atretheiy stria upon this point. These were statutes tiodEr which persons had not only .been triad, butaemences wee osecuted, and if in any of these cases. as well as in this one, it had been called only the •• Great Seal," it wnulJ have been stiffi eimis ;no that the calling it the •n Great Seal of Great Britain" was wholly unnecessary. These Aas of Parliament, which had described the Great Seal •In three difforent modes, were perfealy conclusive upon Cis sublea.. As to the second ohjation. that an at of bankruptcy was proved at the trial to have taken place prior to the petitioning creclitor's debt, lie should still be ►horter than upon the former one, by iria.erving. that it was absurd to say, that a person could be deemird a bankrupt, merely beetuse he hod committed ao ail of bank ruptcy, while, at the same time, ther e was no proof that lie owed a debt that could have legally made him a bankrupt. There was, indeed, un questionahle proof of a framthleot docket having been struck by the Clerk of the Attorney of the Bankrupt himself, but it wits very wit.rtly afies wards withdrawn, without bring followed up by any petitioning creditor proving his debt, so that it was a docket of no manner of consequence.— With respe9 to the third objection. as to Bullock not having been regulatly declared a Bankrupt. the commis'i• ii having issued upon the evidence of an incompetent witness, there might be sorne sort of argument in it, supposing that tFat formed a material part of the alleganin of ohe india me ..., and that the proof of the fact bad stopped then ; but taus was not the ease. •They were com pelled .0 produce evidence upon the trial as to Mr, thiloik having been laically a bankrupt, in the cant .sinner as it no preicif had ever been adduced before th- Commissioners upon Coat sullea. A Court of Justicror a Jury had seeking to do with the proceedings of Commissioners, it being sufficient that they were found to have judged rightly, and to have described the Prisoner to be what re really was. The last paint urged by Mr. Ilideoyd was drat regarding the stamp. and to that he (Mr. Gurney) wooid snake one very short but conclusive .answer; which was, that there was no statute now in force that required any stamp who:. ever to be a tacked to a commission of bankiuotcy. The 4►tls of the present Kiag, du 9ff, said, 'i that wh he several stump dines upon paper and vellum have become very nunserou, intricate, and comolicated, and that it will tend to expedite pub lic business to simplify the same; it therefore en. ado, that all these stamps aiid duties under the CON of said Commissthners, shall cease and deter mine" Upon ent ground it was surely unnecessary to look back to sterotes Upwards of a century old, to had out whether °tie sit-pstmy duty or another should have been used He trusted, LMNleff , re, that their LnoLhios wonld not deem the thdiamenr and criesenuertrveritatof,ow:eg thereupon, to have been in soy eespea irregular Or 0W41141. Mr. !token e n then made a short reply, and the Judges adjourned till to-morrow, (rhts day.) at two o'clock, wren. it is understood, niey %ma neer the aro:tents of Couturel upon the cast of the Prisoner convieed of setting his house on fire, to defraud the Insurers. oier-er-o-reste.--e: The late snow storms, to toe northward. have made wooJco.•ks vety plentiful Sti'Cornwali. ' Yesterday the L•nd in Sessions commenced be. fore the LORD Me s'oe, the het IRDER, and 6 Bench of At casette. 'lkea were a number cf Traverse's in attendance; but some of the trials' were postponed by affidavits, and ethers settled by .mutual acquiesenee in the recommendutinn of the Court ; and nil case of any public interest occurred. Clerkenwell Sessions commenced t esterday be. fore WILLIAM MAINWArIsO, E•.q. Chairman. semi a numerous Bench of Justices, but no trial of any public interest took place. An idea of the severity of the weather may be formed from the following circumstance which oc curred on Monday se'nnight :--As four drovers, oil their return from the south. were passing over Snaps fell, three of them were so ovorpe veered by the cold, that they were unable to proceed further. In this emergency, the fourth took upon his eboul airs one of his companions, who appeared more ex hausted than the others, and conveyed him to the nearest public house, at the distance efot mile and a half, though the poor man performed the jour ney without his shoes, havinglost them in the snow. 1-saving relieved himself of his burden, he instaulL set out again in search of those he had lea behind, whom he found somewhat recovered, they having. dining his absence, killed a sheep which :l.ey found on the fell. and prevented the vise' spark Irons being atinguisheJ, by wrapping its warm intestines around their benumbed feet and hands. On reach ieg the public house, they observed their felted a lifeless ectr;sea . : "" CORONRIVI %KAI INCe. An !rquest was held yesterday afternann re oti sr Geo.. Kul at the Swaa Tavern, in V street, tin the body of Master Edward Powell wait drowned on Sunday rooming. in the Sap' Weer, by the ice giving way.- The deceatt a you'll of sixteen years of age, son of Mr. Tt Powell, one of the bea•cloor-keelers of D. or] theatre. Mr. John filley. of Church-stn .et, &main the first witness, stated, that on Sunday mo last, between eleven and twelve o'clock, as Ir walking on the banks of toe Sr.•s)az , :se Rice observed several persons on the ice, hr perceiv, ice give way, and the deceased and another man. of the name of Shirard. fall into the wati immediately went to their .assistance. aul a rope ib his hand at the claw, he threw one e it to the spot where the ice was broken. Sherard caught soli of the rope, bet the dx sank. and. he never saw him arterwards. Sherarct, in stritggling to conye out of the lost hold of the rope and sank .sgain. W went tearer the edge, to throw the rope a I time, thrice also gave way with him, and he down; but having hold of one end of the rot was dragged out. Mr. Shelard caught h the edge of the ice. and was also relieved fri perilous situation, by the assistance of sever Witueu did not know what passel Wards. Mr. James Bonham, son of Mr. John Be one of the Park-keepers, stated, that on Morning last, being ~t his father's house. w near the receiving-house, on the banks uL.L penile River, aad observing a great man sons on the ice, he was apprehensive that sot cident would happen, the ice not being very s be went and pr'cured a new rope, provided Hum-see Society, is be put across the Rivet tithe it is hostess, and tri soon as he had got tl tarried acrws and fixed. he perceived Lb* i way, and three persons fall icro the water. r whom was the deceased. Witness went t assistance with the rope, • and succeeded in .11.:i3igley and Mr. Sherard out of the was the deceased wasnot to be seen; witness went boat and the drag, and proceeded to the spot, after dragging tor near an hoar and a 1 b , ougnt •ip the body. Witness stated, that near tnirty-five yards from the shore, and s.da of the barracks, where the water was treaty-five feet deep. The body was take receiving -house, where a mecheitl'Gentlen in readiness, and the means prescribed by t mane Socitty were used, but in vain, as d had been near two hours in the water. ' received great praise Irons the Gentleman Jury fot his presence of mad in providing t Tile Jury returned a rardie ot—Accialeatel Mr. Donham. who is a very intelligent man, and has been the means of saving many lives by his aflivity, observed to th that the boat, which is now in use s is not w ciliated for that purpose, being too heavy, a ing a keel, it requires too mach rime to ps from the shore, and that a light flat 'copper boat would be of the greatest utility. as. in cases, it could be skated over the ice. with expedition. to the spot where it might be w s POLICE. now 47 Yesterday gaffe krossissair vest charge[ Mr. RUAD with stealing a variety of j og considerable amount, the property of Mr of Berkeley-square. It Appeared, from the evidence of Mrs who is a milliner and dress-maker. and oth rho Prisoner has been employed by her di last seventeen months, As A fore-woman, which time site was mach in the -onddence Lacon. During the last five or six nr,ntl 1... missed a number et pieces of lace and tides to coisider able value, many of then own property; which ha 1 beer entrusts care by some ladies; several of the youn, who were in tier employ. to tag. sit of then the Prisoner. were saspeOed, and semi have been discharged by her intience ; sit! dire& clarge cuitid be brott,, , ,:lt Again r:very posibk exertioo was made to; tuernents, Ake. to recover the property Valli. Ihe latter end of the summer s and the Piisorier went to Bri g hton. on the Isuoness of dress-makers there the Sta•4ll: ; the st.)l•n priT.—tr contino covered. About three weeks ince she re London. to make fresh exerts , r ns t., recov left her husband temanage the business at Ilhe gave information at the above Oifit rolxiery, and employed Adkins to assist 1 WA the thief; from the curvier:l44nm' s Officer learned, he swedes! the Prisoner sequence of which a correspondence took wreen Mr. Lacon, at Brighton, Mrs. I, Officer; Mr. L. undertakieg to watch the legs of she Prisoner, Ac. Sunday was th pointed for the Prisoner. and toe other yi ,an, in the employ of Mrs. Larva, Brighton; and Mr. L. having learned Pr i,oner did not intend to return to their realy from lirighton, sent off an express to on Saturday night, to inform Mrs. L. c a:lnstance, at the same time saying what would travel by. Adkins, accordingly, himself at the Elephant and Castle, St. Fields. no Sunday awning. where the , eox stops. There the Officer dt.covrted the told the coachman who he was, and his btu prevailed upon him to drive to Mr. Laic and he rode with the coachman. way the Prisoner freqeently looked c coach In a great rage. and scolded t man foe not taking her through Fleetest the Prisoner getting out of the send told her be was an Officer belonging to I and that she was his Prisoner, on a chat bing her usiewess ; he told her be knew property was, but desired her to tell I the pawnhrskew' duplicates were ; after i tati is and confusion. she confessed the :hem in her pocket, and gave the officer pl.eates. which led to the docovery of t part of the property. A number of pa