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Fri .ll .11 usre LAW INTELLFGENCE. COURT OF CHANCERY. Wsomvsnor,Nov.2o. km 'the rem by fired s• L• d die tst el ope do 84.1 st C It as pith fur 1 P4e14.1 ur DOLDIR r. LORD HUNTINGFILLD AND MR. WA I. MON E. The Plaintiff in this case had filed a bill, calling upon the Defendants for an account and discovery of the dividends on certain sums which he entrusted them to invest in the English Funds, on the account of the Governments of the Cantons of Berne and Zurich, in Switzerland. The Defendants. on a former day, had been refused permission to demur to the bill, and afterwards put in an answer, which the Master reported to he insufficient. The question now came before the Court, as an exception to the report ; and the case of the Defendants was argued by Mr. Hot. ass, Mr. WZSTKOPP, and Mr. 12. orris ens. It had, they said, been admitted by th., Defendants, that they had received those monies for the purposes mentioned in the bill, at a time that Switzerland was divided into a number of inde pendent and sovereign cantons, amongst which were the Governments of Zurich and Berne. In the year 1798, a revolution took place in Switzerland. and in the years following, the governments of the can tons were dissolved, and the whsle consolidated into one sovereignty, ender the name of the Hel vetian Republic. They were not similar to'several dittinet states uniting themselves into one, with the consent of their respedlive sovereigns. In the present cane, the cantons, with all their might, resisted the revolution which was imposed upon them by the overwhelming force of a powerful French army. Now, whatever may be the case with a change of government, effeeted by general consent, the Court, they contended, could not ac knowledge an authority which hart only been esta blished by violence and the sword ; and the more so, as it was notorious that the Helvetian Republic had never been to.:ognired by the Government of this County. Upon these go minds. t he y argued, that the present violent and forced Government of Snit serland, had no right to claim what was invested for the benefit of other governments, now dissolved ; neither cc old this suit lse regularly and equitably prosecuted, without making His Maj s y's Attor ney-General a party to it, as the cause was of the utmost political importance. Their clients were not the proper persons to defend this applicar:ou, as they had no personal interest in the result of it. They acknowledged that such sums of money were now invested, in their names, in the funds; and th- re (mild be no doubt that any order that Court nigh: make against them, would be a sufficient authority for any disposition they may make of it ; but, as the case stood at pusscnt, and the Plaintiff being at the time efreuenten? this money, in the year 1793, an alien enemy, resident in Paris, they thought it their duty to resist such an answer and disclosure as the rule called upon them to make, and hoped his Lord• ship would saneli in them in doing so A variety of cases were then read from the re ports, to alsew, that in similar cases, the practice of the Court was, to admit of an answer denying the right of the Plaintiff to require particulars. Mr. ROMILLY. and Mr. Bata, argue 1 foe the Plaintiffs, that, though the objection respi fling the revolution in Swiraetla-4 and Coe Hs.vatie Re public not having been recognised by i nr Govern ment, was a strong one t yet it would be a dan gerous thing, and pregnant with ve•y serious poli tical ennseqaences, if Lech obj' etions were to be en tertained in the Municipal k'ourts (.1 Ingres or this country. As no authorities trim Putrendorff, Crotius, or any of the other writers on the law sf nations, had been adduced on the other side, it was not unreasonable to infer, that none such could be quoted ; and, taking it even as a question of policy, what might be the consequ e n ces , if such doetrioes should he established ? Gentlemen would hardly contend, that, if a foreign government invested money in the funds of another, the &Ist was can celled by any changes that might take place in the condition of the foe mer. Let it he supposed, for in stance, that a sum of money, on the part of the English Government, had he n vested in the funds of Genoa, previously to the Union with Scotland, they asked, would the Municipal Courts of Genoa be justified in saying, a A prat change has since taken place in your government, and, as curs has not recognised that of Great Britain, that cannot now be demanded, which was invested in the name of your former government r' The political changes which a state may u. dergo, could have no. thing to do with a claim of this nature. The agent of the Officers or Pr ineipal Magistrates under the former constitutions of Berne and Zurich, had remitted this money for the benefit of these state.; and, though great and material changes might have sinct taken place, the Magistrates or Officers now invested with the same authority, had a right to de mand an account and discovery of the money. After a great variety of cases had also been re ferred to, in support of these propositions, The LORD CiI•HCCLLOR said, that as a great num ber of the cases and precedents referred to were likely to be argued before him again, upon other eases now depending, it was a satisfaction to him that he did not think it necessary to have recourse to many of them in disposing of this case, which was, us many respeds, of a distinct nature. A:ter then going through some of the cases, in order to point out the application of them to the present proceeding, he said, that, in the decision he should make, tt.e princiile he should aft upon, would not commit it self with the merits of the bill. Whether there ought to be any other party to the bill, was a ques tion which lie meant to leave open, a-d inkjet! to the discretion of the Attorney-General, whether he should attend the future progress of the proceedings. As to the political part of rho consideration, he should leave it out of the questi n ; lot municipal courts would always do well to avoid torching en, or interfering with them, except they happened in their own country. flee dissolution of the former cantons of Switzerland, was, certainly, no civil offence to Englnnde and, as tii the a ordm revolution." be could give no legal tottsouelion of it. If the Defendants caold prove that the Plaintiff had no right to relief, they ought to have demurred to the rule. When they did apply for leave to demur, they were re fused it ; and, as the elle., of the present answer, it admitted. would he to give them all that they could have gained by a demurrer, he was of opinion they must answer the bid. He wished, at the WPC time, to hare it distinftly understood, that this decision rests upon potro legal grounds, and without any re• ference to any of those topics which htd bean intro duced into it. COURT OF RTNG's-RENtH, wserwitorse, Now. 20. CRIMINAL INFORMATIONS. Mr. EaseiPet moved the Court for leave to file a Criminal Information against George Michael Dance, Gentleman, one of the Attorneys of this Court, to whom he had to impute an offence of the• most heinous nature, resorted to for the purpose of 'stoning money from the Gentleman whom the Learned Counsel represented. It consisted of a system of the most scandalous and diabolical defa mation against the Complainant, that ever woe before a Court of Justice, and of even the greatest crimes provided against in the penal statutes; the very destruCtion of every comfort of society, was cornrised in this offence. ihe faets which the affidavit set forth were these pie-Mr. Dance happen ed to have some pecuniary tra saaions with the nephew of the Complainant. who th:reby became indebted to him in a large suns of moisey, and not being able to discharge it, the young man's mother gave her promissory notes to Mr. Dance for tOOl I'hese becoming due, she was unable 'n pay teem, and Mr. Dance applied to the Complainant to re lieve him from the embarrassments his relations had involved him in, who offered him 1001., and Da•.ce declared, that not less than 2001: Would be sufficient to release him from thus.• engagements. The Complainant accordingly did advance him that sum, upon his delivering ep to him the several bills of Exchange, and other securi•ies relative to this transaCtion. This was .'t, se by the Complainant, merely to relieve :',eat branch of his family. Some time :.f:: r, Nit. D..r.ce stalled to the Complainant for a furth••r or, in lieu thereof, to procure him a piece uoder Government ; which, .g. the cornier tnreatetied, by letter, to expose him, and dept ina.e a number of letters to each in dividual mernti• of a volunteer ;tops which the Complainant commanded ; (Mt. EILSKINC here ob. served, ;bat his client, be'ne a Gentlem very considerable pro l ;erty, had raised this corps entirely at his own expenc , ) ; aid farther declared, he waled so jniri an affidavit of the fat; contained in t' e:n ; Vie who: , ..ousisting of eve. y species of also minatino, scurrility, and ahose, a"ainst this 1124.1'S Char/der ; defaming his Age, and every braech of is family :be • ge..ted i . , is letter, that url-ss the complainant came d. w handsomely with t.,e money, e would expose an publish has oirth and parentage, his pedigree, an every trans adtion of his tile, and *hot of his fami y. and every thing relative to a c.•ttsin money tratisaetion. Th:s he declared he wOuld do, and even hell itself, thous., standing heiore him, should not provent hi.n ; but, it the place under Gi vernment was procured for him, he would oe satisfied ; and then he teals him what parnrinets and publican ns ice ii”eiaded to clis tribtar against him. Not receiving auy saosfaCti. from th:s communication, he is. xt attacked the Complainaat's wife in the• must trader point. that of ber reputation ; and, in .s most ealumn ous 1. tier, told h r, that ti.e mean and pitiful 4 , 11. es of her husband, to aeries the money transaition, would oblige bins toexpose circumstance• the ;non disgrace. fail to any family, but the Complainant's; and he would also be obliged to cap se her's ; hut, if she did as she should do, he would r serve it. 'Co this letter no answer was sent, and Mr. Dance wrote a second letter, nearly as follows:—'• ►•lalam, you may suppose I am not possessed of your pedi gree; hut you are much mistaken; I have been furnished with it, and will take care to distribute it all over Plymouth, and the neighbouring country." Mr. EASIIII4I observed, that this Gentleman, against whom he moved, must have been fully aware that this kind of conduct, would be brought before their Lordships ; and, as it anticipating the present applicatiou, he says, in another letter to the Complainant : "As to what you can say to my Lord Et.e.se so moues, I care not. It is exactly the Same to you,whether you swear on the Old or New Testament ; but this you cannot swear, that you are an honest man." The Learned Counsel then pro duced a great number of songs, or verses, entitled, " The Pig wed the Israelis';" after which followed a primed paper, under the title of " Eztraerdthary Ad viriirement"....." Lost, or strayed, a small boar pig, of the Portuguese breed, lately sent from New Ronsney to Westminster (alluding, as Mr. ERMINE nbeerveJ, to the Complainant's being lately returned as a Member of Parliament for New Romney), remark able for the length of his snout. which he often suffers to be pulled with impunity. Likewise an old snow, lately tricked out at a pawnbroker's, in the neighbourhood of Monmouth-street. Whom. ill• ever war. bring; them to the Whipping-post, shall receive, for thzir pains, a pail of hog-wash." This advertisement was signed " Da 'me," and distributed. not only among the officers and men belonging to the corps. but also throughout the whole neigh. bourhood of Plymouth and Portsmouth. There was another paper circulated by this Gentleman, tinder the title of " Plymouth Queries; •r, hferdeati's IVife ahtl Familo." Is; Query.—Was not the wife of the Rabbi, that re.idei in the neighbourhood of Plymouth, a wo. man of bad chat after " 4J. Does not the sister of the Rabbi's wife live in a state of prostitution " 3d. And does not the mother of the Rabbi's wife, cry fish through the streets of London 1" &s. Couatr.—" Take a rule to spew cause." Mr. G A Row made a similar motion, on behalf of Sir Hugh Dillon Massy, of Bath, Bart. against Major-General Charles Barton. The subjea of this application originated from certain trusts in the will of a deceased near relative of the formerFentlemaii, on wh• ru these trusts devolved, concerning the sale of certain parts of the estate of the deceased, in Ire land, of which General Barton had become the put chat.r. A correspondence of considerable length took place upon the bowies* between the parties, but, about tie Bth of March, 1502, Sir Hugh D. Massy received a letter from General Barton. relating to die sale of the estate ia question, and other money Dana ns, *herein also the General mentioaed errsoltitig his law agent upon the su'sj:a. In an. ewer to this, Sir t tomb observed, among other mat ters, Your underhand work will not pass on i" which, the Learned Cnuneel observed, was the only provocation for the suis,equent condult of General Wiliam. The General again wrote, to ~r ire that die conveyettoe should be *vented to Wei t but Sir Hugh refustd, until Lady :11a•sy's should be discharged. Displeased at this denial, the General wrote letters, refleßing upon the former's condo& amt both parties were dissatisfied with each other. Some time after, Sir Hugh came to town to the Bath Hotel, WeEminster, and was waited on by Lieutenant Colonel Barton, the brother of the Ge.. metal.. who calme to solicit him to sign the convey- Arlo* ; but Sir Hugh persisting in his refusll, until Lady Afassy's leg acy was paid, the Colonel told him, if he would not sign, that he must not stir our, as the General considered him no gentleman, ol d would treat him accordingly The following Lieulenant-Coloi A Barton again called on rim, the conversation was renewed, the refusal to elm- cute the deed of conveyance repeated. and the for. met threat from the General. mentioned in still stronger terms ; to which Sir H'tgh M ssy repl rd. that he certainly should go out about his business as usits). On he 19th of August, be went to the country. and rs turned to town in OFtn- er. On the 2d of November, as he rode up 80. J-street with his groom (who Hoe 1 in the affidavit), he heard a voice behind him call out in a loud and threatening tone ; but not taking any notice of it. he rode on ; whet. the 'mice was a;•.tin heard, and he discovered it was General Barton, who grossly abused him, called him " rascal" and " scoundrel ;" and, if he did not take notice of that, he c stied him " a coward " Sir Hugh replied, that he would take no tice of it, as such condo& should be treated, and again rode on, when the General called loudly after him " stop, you rascal and thief." Cord Eti CNICIOCOH.—'. I think the Colonel has kept his w in some purpose. For the pre servation of the public peace, we must grant a rule to show cause." THE KING V. JAMES and lIIENJAVIK RADAR. &Rd RICHARD LINIAM. This was an inihis;e:; tiied before Mr. Baron GaanAM, at 4.ldmin, doting the last A'sizes for Co-nwall, and the three Defendants were found riiay of an assault and riot. It appeared from the Judge's notes, taken at the trial, that one Glaines, a Serje..nt of Marines, along with some of his men, had landed from a boat, and were nroc.:euing is search of a deserter, John Radar; when they came to Lenian's, who kept a public house in the town, they enquired for the man they were looking after, and found he was in the tows. I be three Deteldants came up with between twen ty acd thirty other persons in volunteer uniform, s me with their muskets, and others with their aisle arms : they shouted and hooted the Serjeant and his party, aii,l Lenian called out, "the devils ate corn ing," alluding to the press-gang, as they thought 'titer to sty! , the Serjeant of Marires and his mer ; and se n when he prn:fuced his warrant, they re fused to acknlirledge tt ; and, although the des: tier was within their :sewer, the D tfendn.its, along with the other persons ~ : esent, would not let them se• cure him. They ten beam- very violent, swear ing the Marine , should leave tie town, and began to treat them with so much s:nlence, that t e tines were obliged to make their escape, as fast as they coal. J. Before they reached the jolly.ho t, the Volunteers fired several shots :titer them, a they heard the b.,11s whistling aver their fota...s ; when they gained their boats. upwards of forty shots were fired at them, and they n irrowly escaped with their lives. It farther appeared, that the day t , n which this manta:Rion happened, wits a festival vi h the Vo %totters of that town, and :hey had been celebrat:ng it previous to this _pikes ; in the morn ing they had been firing at a target with ball; and, at the time when the disturbance took place, several of them had their pieces loaded, and also a quantity of ball.cartri.lge about them; it al.o appeared, that one of the Defendants sent a girl home for forty rounds more. Ile joint, and several affidavits of the D-fend ants were put in I they went to deny some of the fafts, and soften down the while trans:a:lion John Radar also swore, that he never had been a deserter. Thomas Hill, Esq late a Captain in His Majesty's 59J Regiment of Font, but now the Mayor And Chief Magistrate of Bodmin Town, also made an affidavit on behalf of these Defendants, whom he represented to be honest, industrious, and hard working men, with large families, and of remark able good charatlers. Mr. Serjeant Lams addressed the Court on their behalf; he observed, that although the) were blameable in a high degree, yet, he trusted, the Court would distinguish something in this case wor thy their Lordships' consideration, in mit gation of punishment. This transAftion was not a premedi sited one, but the aft of a mere m'm nt. As to the shots fired, that was done to intim ate the Ser jeant and his party, and, by no means with a view to the slightest mischief or injury to any one. Mr. E +sr, and Mr. EAsKto toll-weed on the same side; the latter Gentleman hoped the Court would see a difference in this case from thin of smugglers, wno wet e armed purposely to resin the laws of their country ; but :hese G,ntlenles, were In a laudable service for their King and Courury ; mad haviiig been somewhat heated at their testival, having arms in their hands, and, from the groat •uium which exists against Preis Gangs, however mis.aken it may be (though, he was happy to say, this prejudice was wearing away every day), and through a take notion of the liberty of the subjea, they, a; the moment, involuntarily acted is this in. cautious manner. The SOLI OTOS-GEN IN AL, for the Crown, could not see any thing in what was urged by the Counsel for the Defendants, which could at all go in miti gation nt punishment ; for, tnstesad of aiding the laws, as their duty should have pointed out to them, they were 'finally violating them. Mr. JIM , / L. on the mine side, observed. that it was with deep regret he beheld men who to .k up arms, otiginally, in the honourable setvice of pr; edling their country, violating its laws in so great a degree. l'his was a delds.nate, premedi tated, and systematic warfare ; they regularly pressed the marine; down to the beach, who were not, by any means, tnere on the imprest service, hut came to re-over a deserter. It could not escape their Lirdships, that this was a plan arena the Seamen, to spill the best blood in the Country. If such were their military festivals. they were much better celebrated « in the breach than the abserr. ante ;" if, like the feast of Atfslca, they c.-ere to end in blend. Lord EL§ artennounte—" fft tlifffl be com mitted, and br , ,uut up again for jaJgmeat un 'Mors fay next." At one o'clnck, Lord FAccuanacorttt sat at Nisi Psis+, at Guildhall, when a few undefended cants were dis)osed of. COURT OF COM NUM PLE ALS, Not. SO. LONCFMLD v. cautios. Serjeant Satemaato showed cau,e against a con ditional rule ohtained by Serjeant Cockell, for an attachment against Lieu' Ratsev, of t'.e Mcdtei•P man of war, foe a contempt of the process of the • Court. The affidavits of Yates and Howe!, two Sheriff's officers. were read. It aprared from them, that, on the 11th of Oetober law, these officers, haring a writ for 601 against the Dtletadant, who was a sai lor on board the Medi ti4r, I) ing off Spithead, went in a boat alongside the ship. Yates asked to see Cameron, who was called by chi- watch, and came into the boat. He was then arrested, in the usual manner, by Yates laying his hand on him, and • • stewing him the writ. rhe watch who stood at the gangway, and heard all that passed, instantly called on Cameron to come on board. iis accordingly clambered up the side of the ship, r withstanding, every ex.trrion on the part s.f she Officeys, and escaped. Howel then wet on board. and demanded his prisoner, but Lietiteoant Ratsey refused to give him up, threatening Howe!, if he did not depart, and making a kick at Yates, who stood in the boat. On the other side, the Affidavit of Lieutenant Ratsey was read ; it stated, that when the Office's came along-side in the boat, they asked leave to come on board, saving, they had a bundle for Cameron. The ship's crew being then very busy, he refused to allow them to come on board, but said, Cameron might go into , the boat. Shortly after this, (dowel ca ne on board without leave, and demanded Cametnet as his prisoner. Cameron wis then sent fur. he beb g at the very time in the boat with Yates, and very willing to be taken swat from the ship. Serjeant 1./.l4aaD then submitted, that the Rule should be discharged, AS there was not the 'habitat appearance of contempt on the pat tof his client. It was in his power to di pose r 0 the matter instantly, if he pleasal, as the 32d of the king enoSed. that before any sailor could be takers, an affi Ask • howls' be made, that the debt anviunted to more than SUL and that it wi. conrratled before the Defendant en tered into His M jetty's service. Serjeant Cocasss, on the other side, off-red no Arguments in support of his Rule; and the C tort being of opinion, that Lieutenant Raton , was at Gritty of a contempt, discharged the Rule. LONDON ADJOURNED SESSIONS. OVILOHaLL, NOV. gr). Thomas Bremer was :ndieted f an ass nal on Robe' Strachan, on the 30:h of Augest. The Pro secutor was a waiter at the Blue Boar . Aldrate, and Vie Defendant a young man of te speaability its the city. 0 i the evening stated. the Defendant, in company with others. had a con vivial meeting at the coffee-h.-use, and a Lieutenant Peney, of the ' larine-, was introduced. The wit ter stated, that, bearing a quarrel in the boa, be. tween the Lieutenant and a Gentleman of the party. anal knowing the former to be a quiet disposed tvr son. he having frequented me house som.. timt and being rather in liquor, he led him through the entre room and kitchen, to put hint to bed. While-he was doing so, the Defendant followed. and gave the Witness a black eye ; but it did .ot prevent him fr taking care of the Oui.er. On his mem to the coffee-room, the Detendaic said, .1 he s null like to black his other eye," an.. ,mm .list-i•. it I I him again, without the slightest prism .tion. Ibe I chambermaid at the coffee :souse torrotan areal won ; had fallen from the Pr necutor. In defence, the . _ Gentlemen who composed the party with the De fendant, described Lieutenant P. to hare been very quarrelsome. He was a perfea sh.v.ger. traduced to the box w..ereth.y were situ, o, and he was not long with them before he et a leng.ul the whole to fight with Imo dor pistol. In his t , araie career, he or4ered the vraite- to fetch his sword, s hith mandate was obeyed, but it was wrested frur.-. t .n, and brook's to him a wood time, as the witn..,‘ supposed, by the waiter. Inc Recount o'issrv , .3 to the Jarr, that the assault on the Prosecutor was not coutradided, and he w as entitled to their verdilt,aitheu,h his condud in fetching a sword was highly reprehensible.— Gs The Defendant was fined one shittilg. The Liedy. Buitsv, and the Lace/v. M rt. tee, from Yarmouth, fur Liverpool, ..re reported to be talon. The Peer Wilhelm, --, from Liserponl, for the Baltic, is captured, and carried into Calais tin Sun lay last, an exce:lerrly appropriate sm... mon was preached at the palish church of st. P ter's Mancroft, Norwich, for toe of the chanty schools in that city, by the Right Rev. the Li-so Bisnor of the Diocese, from the 13th chapter of Jeremiah, verse 2SJ. Before the sermin, iishop LOWTII . II sublime Hymn, compos-d by sir. kkitio, was sung by the Chortsiers fr - sm the Cathedra/, as sisted by several gentlemen of .he city the r.ul - was larger than usual on similar .'cc . ons, amounting to 261. 14.. tid. The church wa !aghred up as on Christmas-day. The Cor i eration atten led, with most of the principal inhabitant., in mourilng, is s(.l mn respect for the departeJ hero of Trefalgar. The wh , ils formed a speaaele interostiog and sub lime, as the congregation consisted ot not less than 4000 persons ! It is with pleasure we state, that, ai.iongst the many successful inventions of the present age, Mr. V011.1131'5 Method of curing the Distortea stands unriveled ; some hundreds, of both .eze.,, who h eve teceialy !ensured under the rearest pains bodily ef irmi y, being now 4 , 11 e m toast of the most elegant shanes. Br Applying - o Na Upper .lame.-.tr.. t, Golden-square, when., under the most Wier.' patronage ot the Faculty. nit con t;nues to cure. for stipulated sums, a;. prominen t derortaiitie. of the Back Boat, Limbs, Sc. withoin the assistance of iron, steel, or any other metal.