The British Press; or, Morning Literary Advertiser. — London, England, 1826-01-27 00:00:00

SPINNERS' STRIKE. IN BELFAST. On Monday every cotton mill in Belfast and neighbour hoad stopped working, the cotton spinners having combin:d for the purpose of forcing their employers to increase their wages. it appears that all the spinners connected with the dif ferent cotton mills in Belfast and neighbourhood, have de nuded of their masters that their wages should be paid in With* currency. In jurtifleation of this claim, they stated that the shopkeepers would not make a reduction in the price of their goods commensurate with the alteration in the currency, and that they should therefore sustain a considerable loss by being paid in any other way. The employers remonstrated and explained ; they showed most satisfactorily that, even admitting the fact that an undue advantage might in a few instances be taken of the opera tives, such impositions could only be of temporary dura tion ; and that to them (the proprietors) the loss would he exceedingly heavy, having to pay weekly a large sum for wages, to which eight pounds and a third per cent. would be thus added, without any prospect of obtaining a corre sponding addition to the proflut on their goods. This explanation, for the time, seemed to have produced the desired effect ; but soon afterwards the employers re ceived notice, that on a particular day there would be a general turn out for an increase of wages. That the re quest to be'paid in British currency was, on the part of the refractory spinners, only a pretext for a general strike, is, we think, sufficiently clear. if we be correctly jammed, the earnings of that description of spinners who have turned out are not only as high as in any part of Seotland, but quite' sufficient to keep them comfortable, and not snore than would give a moderate remuneration to the em ployers for the use of their capital. In many instances, we believe, the wages amount from 20s. to 301. per week. If this be the fact, it seems a little unreasonable to demand an augmentation of emolument. We understand that all the mule spinners in all the mills in Belfast have struck. Some throstle spinners are still at work. We see, in this instance, several hundreds of men, most of them with families, voluntaty flinging away the means of subsistence, abler the erroneous impression that the masters will ulti mately yield to their willies. The evil does not end here ; for a very industrious class of persotei, who depend upon the spinners for their sobsistence, will. by this act of folly, be thrown out of employment. We have good reason for knowing that in this hope the spinners will be disappointed. The cotton manufacturers have firmly resolved not to con cede one point. The probability is, that they may be in duced to reduce umber than increase the scale of wages. We have good at .'iority for stating, that several of the Orton -manufacturers in Belfast, have made arrangements for the introduction of " self-acting cotton mules" into their mills. Our readers are probably aware, that the spinning of cotton by self-acting mules is an invention of recent date, and no less remarkable for its ingenuity than simplicity. In its practical operation it is destined to effect a edmplete revolution in the cotton trade, since it completely supersedes the necessity for employing hand spinners. We understand that the cost to the manufac turers in adopting this improvement will be compara tively trifling, as the invention is applicable to mules on the common construction, which, by simply removing the o'Al head stocks, and replacing them with those of the new c instruction, may be made to answer the purpose, and at 29 inconsiderable expense. Should the infatuated spinners who have, under the influence of error, abandoned their business, not return to their work, before this projected improvement be completed, ft may probably occur, that their future services will be dispensed with, and they will be compelled to seek for employment through some other channel than to which they have been accustomed. — Northern Whit. FATAL ACCIDENT IN GRAY'S INN :LANE. The inhabitants of Gray's inn-lane were thrown into the greatest state of alarm last night by the falling of a house in Spread Eagle-court. Between three and four o'clock at 1% elation, the street-keeper, was going down at the oppo site side of the way, he heard a loud shriek and imme diately after a tremendous crash ensued, the roof and part of the aisle-wall eoming down and burying several of the labourers employed on it in the ruin. The circumstance won spread about the neighbourhood, and the families of the unfortunate men lipeefinif collected round the spot, rending Vie air with the r lamentations. A number of escalators were set to work to clear the rubbish, in which they. ran very coniderahle personal risk, from the crazy state of the adjoining buildings mo mentarily threatenini to entomb them in one com mon grave. After a great deal of labour, they were attracted to one corner by the groans of two of the suf ferers, who were soon after dug out alive, but in a dread fully lacerated condition ; two more were subsequently. ern at in another part, also alive, but seriously bruised ; they were removed to the hospital, where they now remain tinder surgical treatment. The search was then continued for a considerable time, until at length the body of anlehlerly man was discovered beneath abrestsomer, which, being en cabantrod with timber-work atul rubbish, was difficult to remove; this however was at length effected, but un happily too late, as t h e p oor man nn • totally dead. Ilia name is William Clancy ; he is en Irishm in, appa rently about fifty years of age, and has 'e t a harp. family. The head and body were slightly wourd d, but the back bone appears to have been broken by the b 'am falling upon him. At ten o'clock last night the no lo were still at work at the ruins, as two others—'a man and a boy—were then missing. Several of the houses in this neighbourhood base long been a nuisance, and were lately condemned. Two of dime in front, Nos. 27 and 28, Gray's-Inn-lane, had been taken doffs, which so weakened ate adjoining holivs in Spread Eagle-court (all of which are in a most dilapidated state), that it was deemed necessary to take them down, in which work those unfortunate pool fellows wer e engaged, and it is presumed they had incautiously undermined the fousidation, and the side-wall hissing no supports gave sva! to the pressure of the roof. Au inquest will be holden to-morrow. Id," GLASGOW if .4 NUFACTURERS. tw o Je t . LLe 44. nick nr, lied oh. 11 10 the n ee wed aro r la arty the !NS ITti, rate INS of ord ice de- ibe Its ieb be , e d rly ft. OIL ay [From the GMOOPIO Cinematic.] Yesterday a meeting of the inhabitants of Paisley was 1, , 1, the Lord Provost in the chair, to consider the elis tri,b,il state of the weavers. It was misted that 1,200 1 43 , u ; were unemployed ; that some individuals had been " t o; work for three months ; and that stso had enlisted. A eereetittee was appointed to receive subscriptions. We ouch fear that all which it will be possible to raise in this " ve will not go far in relieving the sufferers. Some of the was u sieisitert advan the ridicuoess doctrine th it thlansfacturiog in terest alone l whose duty it at was to con e u ibute. Business continues unususlly dull in the power-loom line. Some additional works have been reelitecel to half tine, and others have intimated, that they will be under the necessity of withdrawing " the premium." This is an al lowance given to the most industrious workers, and will run from Is. tots . a week • . ac cording to circumstances. As this is the reward of merit, and of course prized above its nominal value, the workers consider it a proof of very bad times. We have received a letter from the Secvetary of " the Shotruskers Society," which contains several assertions of the cause of the suike against the Messrs. Paterson, which we deem it improper to publish. Supposing, however, all that is alleged to he true, it affords not the slightest justi ileadote of the subsequent proceedings of the combination. If the shoeimikers were dissatisfied with Paterson's prices. nothing was more easy than to drop working for the, aril eug agiag with those who gave a higher value f or their labour. They heel no right whatever to place a watch on the warehouse, for the express purpose of molesting and intimidatios those workmen who were satisfied with the Messrs. Paterson's terms. They must know that the new law was enacted for the ex p ress purpose of preventing this intolerable interference of one inecliaiic with the affairs of another. All description of trade are now rendered free, for those who choose to enter them, at the terms most eatis factory to themaelves 1 and whatever persons combine to prevent this are manifestly acting unlawfully. The com bined shoemakers may refuse to work for the Messrs. Pater son as long as they please, but they have no right in any shape to hinder others from doing so. This is the Rolla objection w their conduct ; and as long as it continues it ought to be denounced in the strongest terms. ST. SAVIOUR'S CHURCII. Yesterday a numemns meeting of the inhabitants of St. Sa viour's parish was held in vestry-meeting, convened on soma businem respre:ing fees; but there was an unusually respectable a•isettiblage. f it epurpose. as WRII undt mon!. of rescinding a reso lution. passed at Mr last vestry, in favour of the demolition of the nave and other p,iriirma of the ancient edifice. On the ntinmes of the proceedings of the forme‘ vestry being read for ennti: Mr. T. SAL s nests Tillie and moved that those parts whirh re. apected the pi.ling down and rebuilding the ancient structure should be remanded. lie stated that since the last Vestry Meeting was held he was happy to find that a considerable change hart taken place rit this subpet, which was so important for the credit of the parish, and an interesting to all per/taus of taste and the public at large. Not only had the public discussion which had arisen created a considerable change of feeling in favour of the ancient esitlice„ but the sight of the Chair in its state of beautiful restoration, as u was first thrown open to public inapection on Sun day last, had wrought cant iction in the minds of many who might nut bate been expected in appreciate its merits. (Jr Sunday a number of the Council of the Antiquarian Society. and other indi. victuals of high rank and acquirements, had visited the Church. for , the purpose oi'inapecting it, and they all concurred In expressing their admiration at the manner in which one portion of it had been restored. anti of concern at the danger with which the remainder was menaces!. The edifice was uuani 1111 l usly agreed to be the finest specimen. in the metropolis or the whole kingdom, of the English pointed style of architecture of the eleventh and twelfth centuries. Mr. Sot'Tn seconded the motion. Mr. HARICA wished to know from Mr. Gwilt, the architect. what would be the probable expense of restoring the nave, and what number of persons the new seats would accommodate. Mr. Ow tic replied that the expense of restoration would pro bably be one-third less than the expense of rebuilding.—(Hear, hear.) The number whirh the restored Church would rimming). date was HMO, or about double the number who now attended di vine service. Mr. ELLIS warmly opposed the restoration ; he said that by re building they ought obtain a gallery and accommodation for 2.000 persons ; they might also have a vault, and more warmth and com fort than in this great edifice, which would always be cold and ex , pensive. Notsithstanding what the newspapers said, he would aid say that this was an old, heavy, cumbersome, ugly, monastic They did not copy tie old style of building with ships, then why should they with churches? (Laughter.) Men in gar , reu, with iak and paper, might dictate to kings and churchwardens A% well as chimney-sweepers ; but it did not follow that either kings or charchwarlens should autsid to them. (Laughter.) ' Mr. IlAttlt te moved, as an amendment, that the consideration of the subject should be adjourned to that day six months. Mr. BAn C L AY. Mr. Pori's, and a number of the most respect , able inhalottatits, supported the original motion, which was carried by a large majority, as was also a resolution in favour of the strict reatinauon of the old Church. The edifice is therefore safe for the present, if the friends of the ancient remains are on the alert against surprise or re-action. REFUGE FOR THE DESTITUTE. Yesterday a meeting of the Subscribers and Friends to this In stitution was held at the Committee Room of the Mate Eaten batman at HOZIOn. THUS. FOSTER, Esq. in the Chair. The CnataMAN commenced the business of the Ray by request ing their tivention to the Report of the Committee, which was af• terwarila read, and contained an interesting statement of their pro ceedings during the last six months, and of which the following are extracts . The number of females admitted during that period were as follows : Convicted, and judgment respited . - 3 Recommended by the Magistrates - 9 Having suffered imprisonment - - 9 Tried and acquitted . - - 1 Persons who had forfeited their character, but were not .. prnsecut. tt Recommended by the Pri.on Dlscipline Society Ditto by the Kent Criminal Reform Society - Ditto by the Surtey Aimociation Ditto by the Committee - Ditto by the Guildford Society . - - - - 3 - 6 Total - 69 And the following were discharged within the same period, vie. : Setts to service - 16 . sent to their parents or friends - - 13 Discharged for nosconeluv . - - 2 Discharged at their own request - - 3 Absconded - . 1 Total . - 31 - Total number admitted during the past year - - —139 The number of males admitted (luting the last six months were as follows: Convicted and judgment respited - - . - 3 Having suffered imnrisonment - - 14 - Recommended by the Kent Criminal Reform Society . 3 Ditto by the Surrey Association . - - 3 Ditto by the Ouiluford Society . - - 5 Ditto by the Prison Discipline Society - - - 2 Ditto by the Committee - . . lv .. Total 49 The f allowing were discharged during the same period : ' Apprenticed - . - • 14 ... Sent to their parents or friends - Sent to employment Absconded . 12 Total Most of the females who were sent to service had conducted themselves extremely well, and particularly seven, who had lived in their situations upward. of 12 months ; and tire who had since got tnarried to decent young mee, had sent letters to the Coin mittee. l, , •ratethlly thfudti:.g them for the kindness they had experienced from the Institution, which they said had been the means of rescuing them from misery and restoring them to so ciety; and many of those of whom the Committee had not a very good opinion at the time of their discharge, hail retrained from retort:mg to their former evil course of life. There was a much greater difficulty in procuring employment for males than females, but those who had obtained employment had in general conducted themselves well. The Committee lamented that there was a deli ciency in the amount of the donations and subscriptions of the ' present. as compared with the past year, ►nd that the balance due to the Treasurer was very heavy. An account of the receipts and disbursements of the Society during the past year was then read, when it appeared that The latter amounted to - .1:18.7011 1191. And the former only to . 13,011 34. rid. £5,649 Be. 34. AI& !Ilan RI OT. one of the auditors, said he regretted there were Dot more t.d the Utivernors present, and he believed the reason was, that many of them had not been summoned. He round that 1.330/. had been expended in building a new chapel, and enlarging and repairing the premises. Be wished it had been done by contract, or at least that a surveyor had been appointed. Be • iso complained that the medical officers of the establishment resided at too great a distance. one living in the Grange-road, Berotondser, and the other in New Bridge-street, Ilhicktriars. In case of any arc , cident it was too far to send fur assistance, and in a recent MSe where a boy broke his arm, they were obliged to call in a surgeon I I immediately, and had afterwards to pay him fur his attendants. The eapeuses of the establishment altogether appeared to him un necessarily . . . - . Mr. Corm- admitted that the exprnses of the last year had been very great; but the meeting would recollect that among the items of expenditure there was 2,3001. for the purchroie of the freehold of the ground on which the male establishment was erected. The Committee had endeavoured to proceed with the most rigid eco nomy, and it ■ny gentleman could point any mode of lessening their expenditure, it would meet woth his warmest approbation. The Rev. Mr. CROSBY, the S ecretary to the lnstitiitionoisid that summonses were sent to till those gentlemen who were in the habit of attending; but the whole e the subscribers were not sum moned, because the postage of the letters would amount to a con. aiderable sum, and the Society bed no messengers by whom the letters could be conveyed. . . Several improvements in the internal management of the Society ,were proposed and adopted. After which, thanks were voted to the Chairman, and the meeting alto appointing Thursday, the 16th of February nest, an the day on which the anniversary dinner should take place, separated. Our reporter was afterwards conducted over the esteblishment of Mr. James Ross, the Superintendent, where he found a number of boys engaged in the venous trades which are taught by the In stitution, viz. book-binding, shoe-making, tailoring, &c. &c. In each room the specimens produced reflected the highest credit not only on the boys but also on the persons under whose directions they are taught. Mr. Rosa informed our reporter that the late Emperor Alex ander, dung his visit to thin country, inspected the Establishment, and signified his intention of fornung a similar one at St. Peters. burgh. Mr. Roes also informed him, that during the last year, the Pope had sent two books to the Institution to he bound for him, and that several of our distinguished Noblemen had their boots and shoes made there. Dar ore'. ACCIDENT.—On Tuesday evening last, about eight o'clock, one of those terrible calamities by the explo sion of fire damp, of kite sa frequent in the collieries of the neighbourhood of Newcastle, took place at Jarrow Colliery, near South Shields, in the county of Durham, belonging to Thomas and Robert Brown, Esqrs. of London, by which at. men and boys were killed, and some others, who were at work with diem, much burnt. Forty-five horses and two asses were also killed in the mine. The explosion took place in the Bensham pit, recently sunk to the lowest seam, and the cause will probably remain for ever unknown, as none are saved who were iu the place where the blast origi aated.—Li Arpool Advertiser. THE BRITISH PRESS.• IVEAVERs. BOARD OP TRADR AND THE WITALFIRLDS" On Wednesday litiore. Hornewdod, Payton, Wallis, Hat*, and other, forming the deputation appointed to present I'l the Board of Trade the petition agreed to a: ti'e ltleeting held last week of the inhabitants of the parish of Sr. 31althew„ Bethnal green, had an audience of the Board, which hosted opwArda ut two hourq. The Members of the Board repent en thic neensinn were. Mr. Robinson kl)hancellor of the Exchequer Iluskisben, and ?Jr. °rant- The petition, which prayed that " the Honourable Board *mild devise some mewls to avert the distress that has Overtaken the numerous persona engaged in the silk trade," in consequence of the repeal of the prohibitory system, having beet read, the Merin tattoo requested to know what answer they should return to their cuassituents. Mr. Rust:metre. in reply, stated at some length the reasons by which he telt competed to adhere to the deternonstioo of throw. ing the trade open under the protecting duty of MI per cent, pro vided by the late Act of Repeal. Ile admitted that the existing distress in the silk trade (which he sincerely . lamented) w 1.., in a considerable measure, owing to the expected importation of foreign silks; but thought that it was to be ascribed, in a still greater degree, to the excessive speculations in which the silk manufee tutees had rehently indulged. Ile felt quite assured, at all events. that the introduction 04 a free system w.tuld ultimately be as wish the greatest benefit, not only to the county at large, but more particularly to the silk-weavers themselves. lie was by no means, however, so wedded to his opinions as not to rt.noutice them lingly, if they could be proved to be erroneous ; and he could assure the deputation, that it they would only convince bim of this propriety of retracing his steps, no false notion of consistency should prevent him from being tile first to go before Parliament. and move tar the continuance of the prohibitory system. In the meantime he was sorry to ssy, that, with the views he had on the subject, lie could not give the deputation any ho; e that Government would in terfere in the matter of their petition. The distress which the silk weavees experienced was but a temperary evil that must be borne. Neither were they the only distressed class in the community : by other classes—the cotton-spintters in particular—being in a state of nearly equal suffering, in consequence of the gen,ially depressed condition of manufactures and commerce at the present moment. _ _ When Mr. Iltikisson had concluded, Mr. Ilometrood, Peyton, and Mr. Wallis, severally addressed the Board in support of their petition. Having urged particularly the advantage wh•ch the foreign silk-weaver hat over the English one, in consequence of food and everything else being so much cheaper, and taxes so much lighter, abroad, The CHANCELLOR of the EXCHEQUER remarked that the de putation, as well as other people, were very much mistaken on these points ; for that the French workmen have heavy taxes to pay as well as ours. and find it nearly as heel a task to live upon their earnings as ours do ; that it bread is cheaper in France than in England, wages are proportionably less ; and that house-rent is al most as high there as it is at home. The deputation confessed that on all these points they entertaired, in common with the public, fiery different notions—that they were at a loss to conceive how the French workman could be at all op. pressed by taxes like the English trick,* al, when in France there was but little national debt to pay the interest of, and in England we have a national debt that requires. taxation of nearly lorry millions annually ; and that, as regards both the prices of pro visions and house-rent in France, even considered in relation to the French rates of wages, they wee sure it could be easily demon strated that the foreign workman had eminently the advantage. Mr. lloattwooo added. significantly, that it might not be out of place to hint, that besides having littleor no national debt, the French had no Corn Laws. The CHANCELLOR of the ExtutrattEa smiled, but took no other notice of the allusion. Mr. Huakisson and Mr. Grant were equally silent with re spect to it • indeed, during the whole Interview, the question of the Corn Caws ; though so intimately connected with that of free trade, seemed to be carefully avoided. With the exception of the notice taken of them by Mr. Bonn:wood, they were never once mentioned. The CHANCELLOR of the EXCHEQUER and Mr. Iluexissos: joined in replying that they had not overlooked any of the cnse derations brought forwa•d by the deputation ; that they had given the whole matter the fullest consideration, and viewed the operation of the new law in every possible shape ; and that alter all they had heard, their opinions remained unchanged. Mr. Ilciattwodo—Whiit answer, then, if you please, Gen tlemen, shall we take back to our constituents ? Are we to under. scrod dist Government can afford us no hope of relief ? Mr. UCAKISSON You will please just to report faithfully what has now passed betwetnyourselves and the Board. MEEIING OF THE PARISHIONERS OF BETHNAL-GREEN. Yesterday evening a numerous meeting of the inhabitants of tt•e parish of St. 3latthew, Bethnal.green, took place in the ati• k. house, for the purpose of taking into cottaideration the proprie'y of opening a general subscription fir the relief of the great disttesa prevailing in the parish, owing to the stagnation of the S ilk Trade, it being agreed that no collectable assessment could meet the demand. The Chair was taken by Mr. WooD, the senior churauwarden. !Ir. TRoatas HOMEWOOD, one of the deputies who waited on the Board of Trade with the petition from the weevers, on Wed nesday, addressed the meeting. They had an interview with the Commissioners and with the Chancellor of the Exchequer at the same time, but from none of them, he said, could a satisfactory an grier be obtained. lie then gave a melancholy account of the dis tresses that existed within his own knuwl-dge. In conclusion he suggested the propriety of forming a junction with the surrounding parishes for the purpose of calling a general meeting. air. ST VRT EV ANT approved of the plan, as calculated to give greater effect to the object they all had in view. Mr. BEET 'I ox, the vestry clerk, then rose to address the meet ing, and was very cordially received. Atter a statement of the distreised condition to which the parish was reduced, he took a retrospective view of the distresses existing in the year lOW. A meeting was then held at the Alansion-house, when that able phi . lantbropist, :Mr. F. Buxton. made a powerful appeal on behalf of sufferiog humanity, and a large slim was collected in aid of the sufferers, under the auspices of the Lord Mayor. Mr. 13rutton, in allusion to the deputation from the Weavers to the Board of Trade, sincerely lamented the failure of their application. His opinion on the causes of their distress was still onehriged. lie should always advocate the cause of the operative silk-weavers, trusting that I nothing would cause them to swerve front the paths of loyalty and obedience to the laws of their euuntry. He felt assured they I would still pursue the same course, notwithstanding the great pri- rations they were enduring. An inflammatory and tempting invi tation had, he understood, very recently been offered to them to warp them from their allegiance, but he thr,iced God that, truly pitiable as their situation was, no temptation or inducement, how ever alluring, could draw them from that respect for the laws and ' constitution of their country, which they had always manifested. He pledged himself, once more, to use every means in his power for their service. (Mr. Brutton sat down amidst touch applause.) A desultory conversstion of some length followed, and it ap peared to be agreed on all hands that the parish could not meet the Ipecuniary demands without an appeal to his Majesty's Govern. ment. Mr. GIBBON afterwards purposed beat a deputation from that parish should the next (this) day meet the parish officers of Spi taltields and 6horeditch, for the purpose of adopting the necessary measures for calling the General Meeting at the Mansion. house I (with the Lord Mayor's permission) es to the expediency of open ing a public subscription. The proposition was unanimously agreed to. Thanks having been then voted to the Chairman, the meeting was adjourned. The prevailing distress among the silk manufacturers in various Tarts of the kingdom, has imposed on us the duty of making particular inquiry on the subject as it relates to this town (Taunton). There are here usually in action abo it 2,000 looms, and the number of persons employed upon them, men, women, and children, at two to each loom, with about 400 throwaters, gives a total of 4.400 bands engaged in this the staple trade of the town. Front 170 to 200 looms have been recently stopped, a circum stance which, however regretful in itself, affords some re -I.ttive consolation, if we advert to the alleged amount of suffering among the manufacturers in Coventry, Maccles field, and other provincial places, and ospecially in that vast hive of industry, Spitalfields.—Taunton Courier. LIVE. arooL, J AN. 25. —Our Cotton market this week has been ve•y dul► and flat, and prices, of course, are a little lower. To effect extensive sales, the holder must accept still lower prices. About 5,000 bales sold . in the four days of this week. The 900 hags ('uba Cotton adver tised for public sale on Friday arc withdrawn. With the exception of the speculators in cotton, no class of adventurers are likely to suffer more than the importers of wool, which is next to unsaleable. Large sums will be lost in England by this trade. The cotton raised in New South Wales, which has ar rived at Claar„ow, has been put into the hands of a spin ner, and found to work well in the operation. It has been spun into yarns of No. 106, 116, 126; and even No. 136 has been produced from it with facility and to advantage. From this quarter, therefore, we may look at no distant day for a large supply of cotton. LONDON CATHOLIC LIBRARY SOCIETY...A meeting ' of this Society took place last evening at the London 'l'avern to receive the Librarian's annual report, but from the bad attendance (not above 20 persons perhaps being present) the meeting was adjourned to Friday the 17th February. The mansion of the late Mr. Fatintleroy at Brighton is undergoing an entire alteration, under the direction of Mr. Wilds. The centre is carried considerably higher, and an additional wing is erecting at title end. The front also is materially eiciged. LAW NOTICES. _.--- „ novirr OF CHANCERY. arroat illy VICL-CHAWILLOR CAUSES TO PE HEARD THIS HAI. • Minnt v Eaton, part 1 51_aqui. of Salisbury At.-Oso. • flinriand 1 heard v Jackson Sarno • Corporation Has I:ii. o Mir. 1 Mar.hall r Donner of Tomes Jernirgharn • Her- Yen v Yen Name • sedgwick hen 111.nks v Hanks Gritratto•Staniforth 4 I Jackson o Haokey Fowler • Rkhards to obow cause LAW 11V7'ELLIGENCE. COURT OF CHANCERY,. TxtrnetrAr, JAx.26. The 314wrica or THre ROT.ill'haVillg intimated his intention of sitting tor the lard Chancellor to haw motions this morning, his Irmiship took big seat • weeordlngly, Mr. ShadWeil and one or two other Counsel only being present. Lord ilirroaa asked' Mr. Seanwr. t.t. if there was any thing to MOVE. Mr. Sigabwiti.r. 'raid that be believed not ; the motions for hearing were generally a_ppeal motions, and they could only be heard by the LayerCtiar arker. Lord GIFT' on o'4ld he 'understood such to be the ease ; bat he thooght it possible some other motions might bate been to be made, of which he would have been happy to dispose. Mr. WAEFFIELI) said the principa l pi which his Lordship alluded had been dispn days .4 aml front the knowledge of the unfor the Lord choneettor none had been entered s Itt of the Motion! to .etl of berme the holy. (mate hadispositioo of ince. Lord l:irronn then na.rl the he slynild remain a abort time in the private room, and should be happy to come into Court should he be required to to do. No ouch request however was made. VIC CA; Rik NCELLOR'S COURT, Tjf unto JAit. 26. The Cotirt wan engaged during the dry in hearing Counsel in eases affeciing the execution of powers. The Pub,irets were not of • public nature, and the arguments were purely technical. COURT OF KING'S BENCH, THURSDAY, JAR. 26. LLOYD V. ASHRY, ROWLAND. AND SHAW. This was an action on a bill of exchange, drawn by Rowland. g en, on t h e i i - h s e of Ashby and Co., engineer'', in frombard.streer, and accepted by Rowland. jun. (the partner) in the name of the firm. The cause was tried before the Lord Chief Justice at the late sittings for London, when the plaintiff was nonsuited. Mr. MARI:ItaI. now moved fora rule to show cause why the 'tomtit should not be.aet aside, and a new trial had. The plaintiff in this case was a builder, and the bill was given for certain mill works and machinery erected by him foe Rowland. sen. Previods to the exveution of the order, the plaintiff inquired into the mode by which he was to he paid, and he was told that he might have the acceptance of Ashby and ; upon which he inquired at the home of the defendants whether such a bill would be accepted. and the answer given by e person there was m the affirmative. The pinint itr nutortli- : ;•: completed the order, and received the bill in que•tion in payene.,t. At the trial it appeared that Shaw was a dormant partner. whose name was not used in the firm; and nn that ground, and as the hill was nor taken on his credit, and the work done was not for the use of the trade., the plaintiff under his Lord ship's direction, was nonsuited. The Learned Counsel now con tended, on the authority of Ridley v. Taylor, II East 175„ and other deeded casts, that the circumstance of Shaw 'wing a dormant paper did not deprive an innocent indorsee or payee far value of his right of action. If a bill were tendered to hint (Mr. Marryatt on Child and Co. though he knew that no such person an Child was in the firm of that banking.house, yet he should take the bill on the credit of the house, and against all the partners, whether osten sible or dormant. . _ The LORD CHtEr Jusrtct thought if there were no objection to it, this had better be made a came for the opinion of the Court. Mr. MARRYAT was not aware of any objection to that course. Mr. (Jr tt REV ( who was with Mr. Scarlett observed, that If his Lordship had not been with them on the point of law, they find very Important evidence which they would have produced. The LORD CHIEF* JUSTICE—Then the question is whether there shall be a new trial. let it be a case. PHILLIPS V. ABBOTT. This was an action to recover back from the defendant, SO auctioneer, the mint of 2251. paid him by the plaintiff as a denotsit on the purchase of an estate, the contract for which the plaintiff had rescinded on the ground of there being a misdeseription of the pro perty in the particulars of sale published by the defendant. The cause was tried before the Lord Chief Justice at the last siuings foe aliddlevex, when the Jury found a verdict for the defendant. The Co atMON SERGEANT now moved for a role to show cause why the verdict should not be set aside and a new trial had. The plaintiff was a gentleman residing at Vauxhall, and being di-sirens of investing his money in a purchase of an estate, was induced, hi the representation made by the defendant in his bill of particulars of the property in question, to attend the sale of it by auction, where, without having previously viewed it, but entirely relying • upon the description given of it by the defendant, he became the purchaser of the estate, at the price of 1,100/., and immediately paid 2'251. as a dep alt. The bill of particulars gave a general de .cription of the pr iperty on the first page. in the following words— " iialitrible freeba!el estates and oremises, consisting of rich arable meadow and hop ground. in the highest state of cultivation." On the other side of the bill there were .he particulars of two lots, the firm consisting of an estate described as containing one him dred and fifty acres of excellent land, and the second lot, which was the one in question. was described as an estate called Starve Crow Farm, and comprising 54 acres of land. The first tat wan bought in at the sum of 10,4561. whiih operated as a further inducement to the plaintiff to believe that the second estate was in every respect such as It was described to be: but on his tuba'. quently surveying the land, it was found to be of the worst quality, and in the most wretched state of cultivation. At the trial it was proved on the part of the plaintiff, by several land-surveyors, that the estate comprised in the first lot was fully valued at 30001.; it was therefore contended that its being bought in at so high a vim as 10.4301. was intended merely as a decoy. It was true the defen dant called a witness, who stated that he had attended the sale on behalf of a Mr. Brown. an ironmonger in Haborn, and that he had bid as high as 90001. for the first lot, which he was then ready to give for it; bat inquiry had siree been made by the plaintiff among several persons of that name and trade, all of whom disclaimed au y knowledge of the witness, or of the existence of the property. In addition to this it was to be observed that the witness was the bro. ther of the defendant's clerk. This therefore was a very strong ground in favour of a new trial. The land surveyors also estimated Starve Crow Farm to be worth about 7 nr HOW.; and the tenant who had lately occupied it. declared that the land was to poor that it would only keep one sheep per acre; that he had held it eight years and had only hail four crops from such parts of it as were amble during that period; that the rent was first 261. a. year. but had for the lost hew years been reduced to 201.. anti that in fact it was an estate which no person would occupy by itself, he being a tenant of ' other property belonging to the same landlord. The Learned Counsel submitted that the only fair construction to he put upon the bill of particulars was that the words, "rich amble and other land, in the highest state of cultivation," applied to both lots, and as the estate proved to be quite the reverse, the misrepresentation was calculated to mislead the plaintrff, as no man would have given almost fifty years' purchase tbr an estate cinder any other im pression but that it was a highly-cultivated and valuable one. rpon these grounds be hyped the Court would grant a rule for a new trial. The LORD CHIEF JCATICE observed that the statement of the plaintiff's Counsel at the trial, that the first estate was put up as a decoy, wan disproved by the defendant. The question upon which the case was left ts the Jury was merely whether this bill of particulars, looking at the whole of it, was such as to mislead the purchaser. and to give him a right to expect that he was buying Starve ('row Farm. under the terms set forth in the first page of Ills Lordship observed to the .lury, that he very much disapproved of the too common practice of auctioneers and agents who had to dispose of property of this kind, to paint and describe it in colours which when it came to lie examined it would not hear. Any man who went to an auction must enter the room with the knowledge that every thing would be described at least as highly as it would hear; but on looking at the handbill containing the description of this property, it would be seen that although the words mentiomd by the Learned Cowinl were used in the general title of the bill, yet when each estate came to be particularly described, the only epithet used as to the quality of it was the word " excellent," and that applied only to the first lot; for as to the second lot there was not a single epithet of quality in the description. The Jury, upon these facts before them, hail found a verdict for the defendant, and although, if the verdict had been for the plaintiff, his Lordship should not have found any fault with it, yet he was of opinion that the verdict as it steal ought sot to be disturbed. Justice BAYLEY observed that this watt not a question of construction fiir the Court, but one entirely within the province or the jury to decide. In an old case in Lord Raymond's reports, a distinction was taken between a misrepresentation of a fact which was within the knowledge only of the party making it, and of a thing of which both parties were equally capable of seeing and judging for themselves. If, for instance, the amount of rent of an estate was misrepresented, and a person was induced, without in. quiry, to purchase it, there, as it was not within the power of the purchaser to ascertain the truth or falsehood of the representation, because he could not compel the tenant to inform him what was the real amount of the rent, the seller would be guilty of fraud ; but the case stood extremely different indeed, where, if by only using his own eyes, he had the opportunity of seeing whether the thing was described improperly or not, as in the case of the quality of an estate. If a person made n foolish bargain, by neglecting to as. certain whether the description was true or false, he could not after wards rescind the contract upon the allegation that he had been 'Mated. For then reasons Its Lordship was of opinion that the verdict might to anon,. Mr. Justice Hotnorn and Mr. Justice LITTLEDALE were of the same opinion.—Rule refused. BAXTER AND ANOTHER THE EARL Or PORTSMOUTH. This was an action by Messrs. Baxter and Co. coactimakers of Long-acre, to recover the hal ince or an account for the hire and use of carriages and harness by the Earl of Portsmouth. The cause was tried at the last sittings for Middlesex, before the lord Chief Justice. and a verdict was found for the plaintiffs. Mr. BROUGHAM now moved for a rule to show cause why the verdict should not be set aside and a nonsuit entered. The de fence set tip at the trial was the lunacy of the defendant, and there was given in evidence the inquisition finding the defendant of unsound mind, and incapable of managing his own affairs from a period antecedent to the first item of the account. There was no stidarca on tba other vile to rebut the erect of this prima tacit v f neit evidence. The principle upob which It ene said red ton ewi that a per, in this unfortunate condition timid not avail of th is defence WM, , that a man should let stultify hi 1 i pleading his own insanity. Upon principli, and indepen gni Illr authority one should think that in defence cc ally Action itMllit . 9l•• tract, either expressed or implicit, the beg piftwod ,10 , 6 4,„ W ,_t° show dint the person *As in such a Situation' V the time wiltl..'t could not have a contracting mind. No doubt otigigally th• fa appeared to be seo; and that a person might plead that be wits of nan-sate mind. 0 ve in evidence meter the general Nana ) itibe` that he was an ideot or won comp): diri&s. But tte dactrtne Quit a mar. should not stultify hlmseif wets afterwards thenguized. The authority of FS:sherbert. that a party might plead t tie own iribbilitt to contract was denied to be law, in the Case at brood and Mat a shall, Ctok.t, Lilt. 372. In Beverley's can., 4 Coke's ,Repiletas. 126 h. & 127 a. it was recognized that although a party could not be allowed to disable honselt, yet 'watt* mills might,on tha • oaths; find the truth of the matter ; and when found, it should have Ma. Non to avoid all nvesne acts done by an ideot 'ftdm the I: nc of hit hiril ; and NA Comyn added, as to a lunailbthe finding related I ba..a to the time when he was found to be a hinztic. Mr. juslice Bsstry asked whether there were any cae is which it bad been held that sigh a defence might be set up Is sa acti•m for neersearies ? _ . . Mr. [input - titan said he had no such case, and no tlacht great inconvenience would sometimes result from the principle for which he was contending, as Ualisablediy that principle maid 'make nb difference between actions for necessaries or otherwise. The cases which he had quoted went to show that this defend' could not be set up by a party himself. But very recently a contrary opinion 'teemed to prevail. In fates v. Bowen, '7;e7inge's Rep. 1104, the lunacy of the defendant was offered in evidence. The Lord Chief Justice Who tried the fame at first thought it rught not. to be adniitted, upon the rule in Beverley's ease, that no man could stultify himself ; but upon the auth o rity of tt..e case of 6m dr v. Carr, and other authorities in Ventria r Rep. be received di dente, and the plaintiff was nonsuited. This doc rine had been subsequently acted upon in other CUM. moth Wetly 2 Aviimeil Key. 412, and Fall anti Sind, 3 Cimphell, 126. Mr Justice K --Suppose, Wr. Brougham, a matt o eliten into a Contract when he is drurk, can he give evidence of musk. eminence upon an action being brought against him ? Ila ova HAN said it had been held that he might. The Lout) Cuter JUST:CE—If yen shoe butt halm bait imposed union. Mr. BootinSisut observed that there existed a great ilirerenfil between such a case, where ietapacity was the ounsequence of el voltintary act of the party, and the Case b winch it was occasioned by the act of nod. Undoubtedly, generally 'raking. a mina could not give eliderce that he was drunk at the lime of making this contract. It being, however, clear that evide.;c+of lunac y might be given, that necessarily !et in the doctrine in Reveals cute. in which it was said that the finding of the inquisitleit tea ferred back to the time when the lutimy war first proved to ails% Perhaps he ought to state to their lenotiips that this ease was one of very considerable importunce, because an order had been n tide by the Lord Chancellor that the Master should take en account of all debts owing by the Noble defendant, both before aryl since tt Inquisition ; a great deal haw already been done under ties orday, and arrangements had been made for disrhargine the cairns ; and it was of very great importance that the ',fairs of the Noble toed should continue to be regulated by the Master, instead of partite, without regarding that order, being left at hinny to bring theft actions. Mr. Jostle. BATLtY—What etas the language of the ill. gulsltion Mr. bnotonalt—lt was is the usual words—t• That the Earl of Parsnusuili was of unsound mind, so that he was not angrier' to govern himself or manage his 'suite did affairs, and that he had been so from MOP." 31r. SCARLETT said that at the trial he admitted the intt'- sition, but at the same time with this qualification, that lie should be while to prove that Lord Portsmouth had, subsequent to 1809, performed all the various duties of his station, and had on several occasions voted In the Houte of Lords. The Loan CatErlct observed that the plaintiff't own witness showed that, for the eel( proved that Lord Ports. mouth was constantly ridi-.g about in the landau and phaeton, and giving order; in every respect like any other person. Their Lordships having consulted together, The Loon CHIEF J USTICE said that he Outright the defense in this ease was not such as to deprive the plaintiff.' of their right to recover, considering that this was an action brou4lit for tk which were perfectly ruitoti to the station and degree of 16&d Portsmouth, and which had been actually enjoyed and used by him. At the trial he took care to eistingoish this case from • OM tract unexecuted, and made under such Circumstances as to leave no doubt that the parry at the time he made it way of unsound mini,. Where such cases occurred, he particularly desired that his opinion given on this trial might by no means be understood to retold th say that the party could not plead his lunacy . ; though lie at the same time did not intend to give a positive opinion that such s p'ea might he made. In this case he ti out the verdict was comet, and ought not to be distarbe I. Mr. Justice BaYtstv was of the same opinion. Imposition was a general gr , und to- annulling all cataracts. But where there was no iinpositioo, and the things supplied appeared to be suitable to the condition and tepee of the patty, his Lordship thought the fac f the p rty having been found a lunatic, dirt not take away tram an hoer st creditor his rirlit of action. It should beconsi tiered how d fEcult it was in many oases to know whether a person was or not of unsound mind. There were many individuals who cipable of speaking most rationally on all accessions. except upon a pure cal+ , subject. Stith persons might make applicatipne ro r d amen for go ids, who could not, pet Imps, by any possibiliti, k tow that the, were of unsound mind in any respect: and were they to be deptived of the right to recover the value of the things obtained such circumstances, when perhaps the things suppled were of the moat suitable and proper description ? Whenever the friends of a party thus afflicted were satisfied that he was inc gable of mans ing his affair', it was incumbent on them to place him in such a s.tuation as to prevent him from committing imposition, foe impaithn wou•d re practised on tradesmen, if the law were to say that the party .as not to be sued for necessaries actually supplied under such mei ma - ances. Mr. Justice b OLROYD and Mr. Justice LIFTLIDALE COL' curred.—Rule Iglu tit. TIORILLO t. OROWDEN. Ws was an action brought by who is a native of Italy. to recover trout the defendant the sum of 301. for the mar,_ tr n owe of an illegitimate child. It appeared on the trial before the Lord Chief Justice at the last sittings for Middlesex, that the plaintiff' had borne a child, of whom the defendant, who is a Mega. to the army, was the reputed lather, and who had. from the birth of the child in 1318, up to 13.10, slowed the plaintiff 12s. a 'week kr its inaiatenance. In 1320, however, he directed a letter to be wed ten to the pininiiff', stating that he would tat continue to pay her the allowance any longer, unless she would go before a Magistrate and make oath that he was the father of thektild. To this letter the plaintiff directed her attorney to reply, that if the detentaLt would undertake to continue the 12e. a week se usual, she would ' , in order to satisfy his mind, make the oath required ' • but if he declined to give that pledge, she would not go before the Magistrate. No answer was returned to this letter, and after wailing some time, till the weekly allowances had been in armr to the amount of 301., the mother of the child then resorted to this action. Mr. Scarlett, as the plaintiff's Counsel, contended on the trial that the letter of 11113, in which the defendant acreed to pay the plaintiff 12s. a week, was not revoked by the letter of 1820. because the pro position contained in the latter was conditional, sod as the plaintiff had requested an explanation of the nature of that condition, but which had been withheld by the defendant, the engageinent created by the former letter still existed. The Learned Counsel also ecru tended that there was a sufficient moral obligation (though of that class which was consi lered by the moralists titan imperfect k:ntisua the part of the defend-int to maintain the child. so as to form a good basis for a contract, and theretOre he submitted that the p's.atiff was entitled to recover. The Lord Chief Justice was of a coattail , opinioh, and the plaintiff was nonsuited, but with leave to more to set aside the nonsuit, and enter a verdict for 301. if the Court should be of opinion that the letter constituted a perfect and binding contract. Mr. ei CARL ET T now moved for a rule for that purpose, and re, peated the arguments lie had advanced at the time of the trial. He contended that the moral obl - gation was as great on the part 0(4 patent to support an illegitimate child as it was to maintai r a legi timates:4w; and he thought when persons had, by their own tett, admitteffthernseivee to be the parents of such children, they ought not to have the facility of shaking off the obligation to maintain them at their pleasure. Mr. Justice BAY LEY thought there was a material diff v ere e between legitimate and illegitimate children : and he was of opiniort that the mother of an illegitimate child could not bring such an ac tion as this against any person unless she had previously adopted the means pointed out by the law for ascertaining who was the father. If so, then any bargain that might have been made by a person with her to maintain the child was entirely voluntary, and which he might nt any time put an end to; and it seemed to him, that upon the legal construction of the letter written by the &find ant to the plaintiff in IMO, it did put an end to the voluntary Can. tract created by the letter of 11118. The verdict, therefore, was cor rect, and ought not to be disturbed. The other Judges concuticd—Rule refused. COURT OF COMMON PLEAS. WESTMINSTER, TtIiuRSDAY, JAN. 26. THELTALLv:VitBSTIR. This was an action on seven bills of escCange, two of which were accepted by the defendant, and the others were in his poises sion at the time of the action. The plaintiff's case was, that the defendant had entered into an wrreement to deliver the bibs in. question to the plaintiff' in lieu of other securities which he heft. The amount was upwards of fear thousand pounds, and a vwdict was given in favour of the plaintiff at the last sittings after tutu, before Lord Chief Justice 'Root. .511. SelgtUlll BosANQUET 110 W MOVII for a new trial, on the grounds of the late %tertian being in opposition to the directions of the Learned Judge, and contrary to evidence. The plaintifilked that there wax fraud on the part of the defendant in attewipting to negotiate hills which were nut recoverable at law, hut that akiegp. ila lion wax negatived by the facts of the plaintiff' bete* in porterte of all the circumstances, and of hie prefesing those bills to °then which tie had previously held. The Learned Sergeapt contended also that the bills were recoverable, inasmuch as Me drawer WIN not regularly excluded from the fine upon which he &pis , t i sa ,„ and of which he wax a partner. The attempt to enclude him by public advertisement vat not sufficient without hie own coostbst. 1t :also appeared that a balance of I.IWII, in thvOtt of fIIAIPWI4I (Ventith) was entered on the bricks of tha (Pam 41 4 9. with whom the peatuernhip then sewed.