The British Press; or, Morning Literary Advertiser. — London, England, 1825-01-13 00:00:00

7IR COMBINATION LAWS. ' r • IT ILL Lll OR OF TILE BRITISH PRESS. g _ltNi k qi l . be fresh in the recollection of the public, shat r- taring gratulations Jr. Mime was hailed, hi o na . t e last Session of Parliament, obtained the of the Combination Laws. His success was eon , e a a triumph of liberal principles over arbitrary laws; accardiregly votes of thanks, and " health. five fathom came pouring in upon the Honourable Member. w incisl newspapers re-echoed these praises, and we deafened with acclamations in honour of the victory . in favour of the operative mechanics, and "of hberties of the lung-oppressed industrious classes of at Britain." 'e live in an age of experimental legislation. Session s : .ssion the tattle of the flonse of Commons has a!h bunt under the load of bills for imprzvement, and fur reptlation. An index of them would fill a Quarto coe , Some have passed into a law in one Session,. c omplained of during the prorogation, been amended thr eat meeting of Parliament ; and after all, from an :Hence of their inefficacy, base either bean entirely re- Its!, or so metamorphosed as not to retail) a single fess • og their primitive construction. f e ver this restless spirit of legislation manifested itself the injury of the public, its consequenes have been in case more extensively pernicious than in those laws to ,i e h lain about to call your attention. I do not mean to deny that the statutes relative to the abinations of workmen for an increase of wages were some points imperfect ; but I deny, roundly and fear - lv, that they were either impolitic in principle, or un sarily in operation. lint let lime tirst speak of • Naties whieh were resorted to, to effect their repeal. The Combination Laws, as every oar knows, enacted, tain penalties against workmen who might combine to cc their employers to increase the rates of wages: all ietisrs and fraternities, whether governed by written rules otherwise, having this object in view, were held to be ie•ntl, and the office-bearers and members were liable be indicted for breaches of the peace. Various successful attempts were made to repeal these laws, on e ground that they were unequal in their operation, iu far, that while they restrained workmen from combining an increase, they did not, nor could not, prevent asters from combining . for a derrotse. These attemots ere resisted by the Ministry of the day on this principl, it no combinations, either on the part of workmen or tit enyioyers, can have the effect of raising or depress g Ragan to any material extent ; and that consequently e penalties enacted are so far politic and salutary, that cy prevent breaches of the peace, and guard mechanics in engaging in secret confederacies, the consequences of gulch can only prove hurtful to themselves. The Ministry were firm, and these arguments, for a ne, prevailed. At length the contest was renewed. :here was the wonted routine of speeches—motions— ommittees of inquiry—weaver-witnesses, unaworn, giving rstimony on speculative opinions—and volumes of facts, oulerul, contradictory, and incredible, all solemnly de ailed before Mr. Hume and the Committee. This eri ince, as it was called, collected at great expense, and ninttsl at still greater, was circulated far and wide, and ed as a cover for another sot lie upon the House of Corn lons. But the time and mode of attack were changed ; 'le end of the Sassion was the time chosen ; and instead f the former plea, that the laws were oppressive, as being vourable to masters and injurious to workmen, the liens; arguments whice Ministers themselves had been wows' us., were turned against them, and in favour of the peal. " You say," said the repeaters, " that combina on cannot materially affect the rates of wages—that 'nee: are entirely regulated by the state of the markets— tat masters will not be led beyond their interests—that rising prices his their interest to increase the number of heir werkmen, and that this cannot be done without also creasing the rates of wages. You further urge, that in ailing prices workmen cannot possibly prevent the retitle ion of wages but by refraining front working, and thereby iminithing the quantity of manufactures in the markets ; a 4tictr vase, if wages rise, the rise can only he at their wri',Nalt. We concur with you," said,.the repeaters, .881464urbecause we agree with you that the laws are in •'• ghat we seek their repeal altogether, and freedom all parties to act for their own benefit as they may think tell, and so they did. The back benches were thin ; r. liuskisson and Mr. Canning smiled assent. Mr. 'allace, seeing how the tide ran, spoke favourably of the tenure. Mr. Robinson being confined by indisposition. raped the pain of giving a vote on the question; and lr. Peel, laughing in his sleeve at what he knew would the consequences, allowed the Bill to pass, and the lon. Member for Montrose to reap new laurels in the rrvice of his country. Heaven forbid that ever it should e in our power to pluck a leaf from them ! Now, what were the consequences? Let Mr. flume go 'own to Lancashire; but, above all, let them go down to he west of Scotland—let them contemplate the moral con-' • 'on that has spread, and then ask if the condition of he rer operatives has changed for the better? It is tistreiog at any time to be obliged to impeach the con uet of the lower classes of society, and doubly distress ng to tin so when the blame of that conduct is more •ireetly chargeable against those who them themselves, , ir ex,rtlence, the advocates of the poor. But it cannot w concealed that the outrages mid wretchedness which lace followed the repeal of the Combination Laws, demon •trate most clearly that the operatives of Lancashire ant! the West of Scotland arc incapable of comprehending their true interests. We are told of their good sense and totelligettec—we listen to details of their industry, of the institutions they patronize, the lectures they attend, of their tendency to moral snit mechanical improvement, and their taste for it : these are the misrepresentations of in terested tun, who live upon them. What do these sober, intelligent, inventive classes do? No sooner had Mr. Mr. Hume's " liberal principles" triumphed, than the loom is instantly deserted—the spinning-jenuy rusts on her wheels—the anvil cools—the bucket hangs motionless in the :coal-pit—sod the miners walk forth, brimfull of inde pendence and discontent ;—all strike for an advance of "sages and a redress of grievances. Gel knows, there 'could be little harm in all this, if the costs of the strikes were borne by the strikers—if the rights of third parties were not injured—if our shoos and barn-doors were not :aolested—if the poor's-rateswere tiot increased—if the public peace were not endangered—and if the persons of Amnions females a n d well-disposed workmen were not etaltrested. lint so far from this being the result, the eiders of these intelligent operative classes, who doubtless tre, the most intelligent, no sooner strike them elves than they compel others to follow their example— us, certainly, by virtue of an Act of Parliament—but by to authority equally controlling; since it is notorious that shover ventures to disobey their wishes, do so at the risk 'f their lives. It is thus they celebrate their " deliver nee from thraldom," as Mr. Hume calls it—this is the esult of the repeal Bill--this their notion of the " freedom 'f trade !" 'n'e Pounds, as I have before stated, upon which the flood of these laws was urgeil were, that every man had a right to procure as hi g h a pr i ce f or hi s l a bour as he could ibtain ; and that combination could neither raise nor de mos the rate of wages above or below the market standard. It!`)titli it was avo wedly - in accordance with this reasoning, It' Jeistice of which every one must admit, that the Bill 41 oertnitt o l to pass through Parliament ; and although 'lie workmen were apprised of the fact, and warned to m'ware of eombination, as leading to no good result, yet in he teeth of advice, and in spite of entreaty, and in 'corn 3^ the obv:ous inefficacy and abortiveness of any attempt ! enforce higher wages than the muter, could nffurd to : 1 " --- Yet. I say, reckless of all this, they were no sooner . •r"ll front the restraints of the law, than they set about societies, passing resolutions, despatching dek :etes even to Ireland. and, if not openly and directly, at 'nut !n a secret and an underhand manner, holding out l'regs to, and actually inflicting punishment upon, aU who fired to work for ;Amu or at what rate of wages they Rut we are told by their apologists, who, by the way, Arc not a little implicated in their errors, that their notions the Privileges which the repeal gave them, were no im 't that they only acted i:ispripientiv from the spur of ne moment—an error which, it was altered, time would cure. But this is but a sorry apology,'lnd. an unfounded one at the best. They were not so ignorant of the law. Their knowledge was not so crude. Few, if any, of the mechanics bad forgot, for almost all of them had suffered by, a similar cessation of work in ltll2 and Neither a shuttle nor a jenny was in action for the space of six Wet ks at that period, among the same weaving and spinning population. The same societies were formed, the same ancliwo. of vitriol resorted to, and the same pri vations prevailed. So consistent were they in their ma lignity, that they Iwgeted from house to house, and even from their usual employers, and dealt out a weekly pittance to each other, to keep their families from starving, and 4il this they submitted to rather than work at the prices uttered them. Hunger, however, at length brought them to their senses, and the respite of labour far so long a period having raised the value cf goods. they consequently were enabled to earn higher wages when th-y resumed work. But the advance came out of their owe pockets. It was only the returns of the six weeks' losses, which came back in the s'iape of a rise of wages. It was an improvement in • tlp rates of wages undoubtedly; but when a man has been idle for six weeks and receives no wages, it is a thing of course that the manufacture which he should have been producing in that dine becoming Karver by his idleness, a trifling advance must take place in its vain., and in his wages likewise. A moment's reflection must convince the dullest capacity that this fictitious rise—that this bounty out of his owu pocket, is all that the operative can gain by a strike of • work. The same observation is applicable to the masters. Combination cannot in the smallest tierce benefit them ; for should they be indoe..,l to combine to lower wages in a season of falling prices, the same all-ruling motive, in terest, would force them, in spite of themselves, to en hance wages in a time of advancing prices. Every day's obsereasiou for the last twenty years might have couvinc,d the op. re ti . es of this truth. London, Jail. W. (We are compelled, by the want of space, to postpone the conclu sion °four Correspondent's letter till to-morrow. have already been unavoidably obliged, as he will perceive, to curtail it. by some slight omissions, not essential to the main purpose of his argutnent.--En.] Rill: ROADS r. Ci.VALS. TO TILE EDITOR OF 7- I'llE BRITISH PRESS. Isle of Dogs, Jan. 10, 1825. Sta,—r see no rearnn stated in your Correspondent's Letter this day. to induce me to change the opinions 1 expressed in your raper on the Sih inst. When the Ship Canal was first projected, I was alive to all its benefits, yielding 1 per cent., but the projection of the Bristol and London Rail Road will be preferable, and the buff.• of the goods will pass that way, and consequently defeat the main objects of the Canal, which cannot reasonably be expected to pay the subscribers one quarter so much as it would do without the Rail Road front Bristol to London. Irish pr.tvisions will pass to London, ria Bristol, rather than pay and pass the Canal, because the vessels would be liable to be des tained in the Downs while the articles perished. sr till the markets sere lost. I have known Irish Butter detained in the Bristol Channel and the Downs for three month:, which, on arriv..l in London, did not f.ticli half the market price i: would have done when ship t at, for the article was perished. All goods for London will certainly pass by the Bail Road. 120 miles, rather than he exposed to the Canal Dues, and be liable afterwards to the dangers of a voyage of WO miles to London. The insurance saved, as well as the certainty of goods reaching their markets, will avoid many calamities of bankruptcies, which are objects of consideration beyond all others, and not of trifling im portance. The Bristol Rail Road, in fourteen days, hears a pre , mom of 4f. per share, but I hear there is not much above half the estimates subscribed fur the Ship Canal, after six months lost in making attempts; this is a decisive proof of popular opinion. A Ship Canal, direct from London to Bristol. would be the best measure, in my humble opinion; and a Ship Canal would answer front Bridgewater to Exeter, far better than to Beer, for these reasons, and for those already assigned : but Rail-ruads are likely to answer purpose at much less expense. In short, it appears quite clear that all hands will be hene. lited by the Rail Roads except coasters; but even these will be ' savAl front jeopattly and shipwreck, and need not be under mush apprehension ; while our imports and exports continue to increase, they will certainly find ample employment. The consumption of coals, iron, and bricks, on the south coast, will certainly yield 5 per cent. to a Ship Canal; but that is not equivalent to the risk of capital, particularly ns the artificial harbours will always be exposed to comMual charges, and natural harbours, without risk, at Bridgewater and Topsham, aftbril a much better channel both for Canals and Rail Roads. l'our's, due., A B ~: LITERATURE. TRIAL OF THE REV. A. FLETCHER, A.M. REFORE THE I.ORU CHIEF JURTICE OF THE COURT OT COMMON SENSE, AND A srtctm. JURY. PIT TOE AUTHOR OF THE TRIAL oF TIIE REV. E.IRVING, • 31. Knight and Laney. We have here another " blessed gift " bestowed on the Rev. Alexander netcher, A.M. But Sandy's pious repu tation has been already so much singed, that he will even Caine out of this . fier y TUIAL with only a line of deeper bronze. Every additional document lb valuable that serves to carry us further into the unexplored regions of hypo crisy. There is a certain class of religious teachers to whom those regions are extremely fattening ; they are every day hatching their Indy eggs in the hot sand of fanaticism ; and we hope this publication will contribute to lessen that credulity which fosters the brood. The last despatches from Jamaica, dated November the lath, brought the most satisfactory intelligence. The HOUSE of Assembly had met, and were cordial in their ap probation of the Governor's speech. We trust that there will not be any thing to disturb the harmony which at present exists in the three branches of the Legislature. The Duke of Manchester is much beloved : and in the conclusion of their address to his Grace, the House of Assembly expressed themselves in the following terms : " We hope, by a diligent attention to the public business, to insure a short session ; and from the long experience we hare bad of your Grace's mild administration of the go vernment of this island, we rest assured you will, in every way consistent with your duty, meet our wishes and pro mote our welfare. We consider it indeed a most provi dential blessing that your Grace has continued the guardian of our interests, through a period of touch peril, and we sincerely pray, that you may long continue our protector." Yesterday a Court of Directors was . held at the East India House, when the following Commanders took leave of the Court, previous to departing for their respective destinations, viz. :—Captain Charles Sheldon Timins, Royal George; Captain Richard Mager, Waterloo; and Captain John Rennie Manderson, Bridgewatet—fur Ben gal and China. Yesterday the Hon. East India Company's ship Hythe, Captain Wilson, was despatched for Bengal and China-•-•• PASSENGERS TO BEso.ti.—Rev. Francis Goode, chaplain; Mr. J. W. titterer, senior, merchant ; Mr. Charles Bury. writer; Mr. N. Morrison, tree merchant ; Mr. John Martin, free met.. chant ; Major William Battine ; Lieutenant Jahn Fyne ; Mr. William lleerett, assistant.surgeon ; Mr. John Ilsyle, tree mariner: Mrs. Hewett ; Mr. John Herbert, volunteer for the pilot service; Mr. John Collins, ditto: Mr. Williatu ditto ; Mr. H. C. Gilmore, cadet ; Mr. Charles Apthorp, cadet ; Mr. Charles S. Reed, cadet; Mr. Bowden Miles, cadet; Mr. Frederick Miles, cadet ; Mr. Charles Jackson, cadet ; Mr. John Orange. cadet ; Mr. William Jones, cadet ; Mr. John R. !nuns.. den, cadet ; Mr. Montree, cadet ; Mr. Alexander H. Boileau, cadet. 11 ethiesthy being the day appointed for laying the first ►tone of the North Devon Infirmary, an unusual in-. terest was excited in the town of Barnstaple. The bells commenced ringing at an early hour. At half-past ten the Mayor, Corporation, &c. attended at the Guildhall, and from thence proceeded to church, where an appropriate sainon war-preached by the Rev. Charles Mules. A col lection was made at the doors, which was received by Lady Fortescitc, Lady Ehrington, Lady Eleanor Fortescue, the Lady of Sir A. Chichester, Miss Bury, &c., amount ing to 61f. 3s. A numerous assembhige then proceeded from the church to the site of the Infirmary. At four o'clock Earl Fortescue, and upwards of $0 gentlemen, sat down to an excellent dinner at the Fortescue Arms. The ball at the Ronnie was very fashionably attended, 300 per suns of the first rank and respectability being present. It is in contemplation to i stabligh two steam packets, to be called the Shannon and the Limerick, between Limerick and Liverpool, one to sail every week, making from YO to 25 voyages each in the year. The expense of building, &r. is to be raised by shares there and in Liverpool. They might touch at Cape Clear or Dingle, to riplenish their stock of fuel, if necessary. THE BRITISH PRESS. ZIPERPODL, TUESDAY EVENING. Wind N.N.W.--.lligh Water 48m. past 3. Arrived the Edward, from Belfast; Eclipse, from ditto; Lady Elisabeth, from Blutteum ; Myrtle, from Dundee; Fan, from Dublin ; Marv, from Limerick ; Diana, from Balling; Yhoenix , front Belfast; Town of Liverpool, from Dublin. There was a considerable stir in the tallow trade both yesterday and to-day, and 4Sts. Gd. has been obtained for yellow candle. CORN MARKET, TUESDAY. hoc 11. The market this day was very dull and heavy. BRAIN. Wheat per Bushel 70Ib.—English - - 9 3 a 10 4 Scotch 9 3 a 19 4 Irish • - 8 6 a 9 8 Pa trig 0 0 a 0 0 Foenerai.ian O 0 a 0 0 rese:iilierg and Riga 0 0 a 0 Oats per Bushel of 4511)..--Irkh Potato - 3 5 a 3 8 English,Scotehfic Welch 3 5 a 3 U Foreign, free. Comii:on 2d. a 31 lower. Barley per 601 h. Nominal. Oatmeal per - • 211 0 a 34 Irish • - 0 a 34 0 Flour per 2801b.—Loglisti 49 0 a ~3 Irish 49 0 a 53 0 A lI!CTieNII per 19:4b. - 23 U a 26 U I).in:zig - 23 U a 26 IV* 4R! - =ANI Purrs cuumNT, LIVERPOOL. s. ri. r. d. F.:4:m—Mustovado, per ort—Dabs to dry brown ti 0 a 53 Middling and good middling .'4 0 a nt.: Yiwe • - and very fine tlO 11 a 72. 0 East India--Brown and yellow - t2U Ua 25 W ite . a 31i 0 Bavannab—Brown and yellow - 24 0 a 30 0 White - 30 U a3B 0 Brazil—Brown and yellow . 19 U a 24 U IVhite - . 24 U a 32 0 . 31olnims . 28 0 • 23 U Cotrce, per cwt.—Jainaica—Triage . 30 0 a 45 0 Ordinary, good, and tine ordinary - 50 0 a 70 0 Middling and good middling - 75 U a 87 0 Fine middling and fine 911 U a 100 0 Dutch, &e.—Triage . 40 0 a 60 0 Ordinary good and tine ordinary GO 0 a 78 0 riddling and good middling - 70 0 a 70 0 Fine middling and tine - 90 0 a 97 0 St. Domingo - - 57 0 a *1 0 . _ llavainiab end Brazil - 61 0 • GO 0 Cocoa, per cwt.—Conilon West. ludic - .14 0 a 46 0 Triliid.•l - - 76 0 a 90 U Brazil - - 40 0 a 44 0 Pepper. per lb.—Black - - 0 64 a U 63 Pimento, per lb. . . . 0 8 a U 9 Ginger, per cwt.—Jamaica %like - 240 0 • 300 0 Barbatloes - 1611 0 a '2OO 0 Eau India . 1 0 a 0 0 Horn, per gall.—Janiaica. 16 RP. 1 7 a 1 10 - _ _ . . . loewards, cum. and proof 1 4 a 1 6 llides, per lb.—Buenus Ayres, dry U 9 • U Ila salted . 0 5i a U$ Brazil, dry - - U 8 a 0 94 salted - U ? .. j • 0 6 West India. dry - 0 1 a 0 04 Horse, per hide - 4 3 a 5 0 Rice, per cwt.—American - - 16 0 a IV U Brazil - - none East India - - 11 0 a 16 0 _____ _........ lrligu, per lb.—taracca - - 7 0 a 13 li Guatiniabi . - 7 0 a 13 6 Bengal violet and tine do. - V 0 a 10 6 Purple It 6 a 14 0 Ordinary - 4 U a 6 6 Logwood, per ton.—Jamaica and Honduras 140 11 a 155 0 Campeachy - 173 0 a 100 0 St. Domingo - 130 0 a U . Fustie, per ton—Brazil - 00 0 a 160 0 Spanish and Jamaica - 110 0 a 16U U Cuba 200 0 a 2111 0 - - Nicaragua Wood, per tun.—Large and solid GUU II a 700 U Small - 3110 0 a 400 0 Harwood—Angola - - 170 U a 160 0 Gaboon . . 110 0 a 140 0 Mahogany. per fuot.—Cuba - . 1 6 a 2 6 Honduras - .. 1 0 a 1 4 St. Domingo - . 1 7 a 3 V Cotton, per lb.—Nes (Meru • .. . 0 V • 1 ill Tennessee, Alabarna,&Boveds 0 ID. a U 111 5i.... Nandi - - 1 4 a 2 6 Stained ditto - - U 9 a 1 2 Mina, Gtraes, and Novas U 114 a 0 114 Para, 31aranham, and Bahia U 104 a 1 1 Pernambuco . . 1 04 a 1 2 Surinam, Demerara, k Herbice 0 11 . a 1 2 Barbadoes, Bahama, &c. - U 84 a Ull ('arthagena - - U 74 a U 84 Egyptian. . . •11 a I U. Bourbon . . -01 l a I 24 Bengal and Stoat - - U 6 a UB4 Tallow, per cwt.—ltu:sia Yellow Candle . 10 0 a U U Brazil . . U 0 a 0 0 Oil, per ton, 23tigal.—tiallipoli . 960 U a 1000 U per ton, 20 cwt.—Valtu . . 490 0 a 320 0 Tar, per brl.—American . . Ul2 a Ul4 Stockholm, tic. . . Ul3 a UlB Turpentine, per cwt. . . . 8 6 a 11 9 The new building adjoining to the Treasury, to be oc cupied as offices of the Board of Trade, as far us the brick layers and stone-masons are concerned, is now nearly com pleted. It has born some time covered in, and the front is almost perfected; and as the upper scaffolding is partly removed, the building begins to be better seen ; hat as it is trill surrounded with high fences, lower than the first floor cannot be viewed by persons passing along Whitehall. The building is stated to be an exact copy of a memorable specimen of architecture in Rome. In front of this new building there are seven columns of the Corinthian order, with car, Ye.; and the other stone works are all in ac cordance with, and in due proportion to, those pillars. We arc at length likely to have a new communication with the metropolis, by means of an iron railway, as a company is formed in London for the purpose, under the appellation of the London Northern Rail-road Company. —Cambridge Paper. Mary Warren, who was sentenced to seven years trans portation a few days since, for fraudulently abtaining et. from Lord Dudley and Ward, appears to have practised deceptions on the benevolent, by means of writing begging letters detailing cases of great distress, touch in the same manner as Hawkins and Jepson, who, it will no doubt be in the recollection of our readers, were brought up at Marlborough-street Police Office a few months ago, by the aid of the Mendicity Society, and proved to have obtained by flies.: means several thousand pounds. Mary Warren, under the different names of Mary Ili% Mary Clarke, Mary Fool, Mary Watson, Mary Lane, Mary Werra, Lane, Mary Smith, Mary Pengelley, Mary Millar, Mary Jackson, &c., has long plundered the rich and unsuspecting to a large amount.—We trust that this will act as a caution to those who are in the habit of bestowing charity, to make diligent inquiry previous to relieving these supposed objects of' compassion. We learn that the Rev. Peter Roe, Minister of St. Mary's, has been appointed to the parish of ()thigh, in this diocese, vacant by the death of the Rev. A. Ball. The pre sent appointment to this benefice rests in the Crown, and Mr. Roe relinquishes Dungannon parish for (Mogi). The acquiescence of the Lord Lieutenant in this arrangement, to which his sanction was, of course, essential, has been conveyed in terms highly complimentary to the Rev. Gentleman in question, and emphatically expressive of the feelings with which his Excellency regards his private and professional worth. We waive that amongst the many clerical arrangements which have emanated from the Irish Government, unit which hive reflected so much honour on the discrimination and good feelings of the Marquis Wel lesley, the present strikes us as peculiarly creditable to the Noble Marquis. The pretensions of Mr. Roe, it is true, came powerfully supported to the Lord Lieutenant, by the recommendation of the Right lion. George Canning, whose favour, in itself, must be considered an unequivocal test of the Rev. Gentleman's personal and professional de serts,. but the kindly spirit in which his Excellency ac ceded to the proposition for an exchange, and the impres sive terms in which he has done the ltev. Gentleman the honour of recognizing his merits, gave additional value to the complin•ent, as showing that his Excellency has not merely yielded to an influential interference, in assenting to the proposed arrangement, but has made the appointment emphatically his own, by the graciousness with which he conferred it.—l►iikeney Mrderelor. ;,4* • ,-___ __-_ 11 ~_ LI W INTFLLIGENCH. COL'UT OF CHANCERY, WEDWEIDAY, JAN'. I!. MILLER ♦ND WIFE V. ELKINS AND wirr. It appeared that in this case the old lady, who is the plaintiff, and who is now fr.; year. of age, had beque..thed to leer about twelve years ago a property to the value of between seven and eight thou sand pounds. Subaequently a question was raised before his Honour, the Vice-Chancellor, noon the construction of the will containing this bequest, and his Honour wxs of (minion that certain leasettoll property of the testator should not be converted into money, but that she ►hould have tine benetit of the leases during her life. A rsfet:nce was at the same time directed to the Master upon another mattrr of account, but no final report was niatle,altltsugh a period of nearly twelve bears had elapsed, anal the lady was reduic_d to great dis•resn. The Loan Cs.tsc Lima regretted that such a dehy Itsd taken place, and expressed his intention of pronouncing finally is the cause on Monday next, whether the report were made or not by that day. Sevetal cross-applications had been made, order were issued and re-issued, and to-day Mr. flans. moved to vary the minutes of the proceedings ; but, after a few observations from Counsel at the other side, The Loan enAkCELI.OR Said, he would take all the papers home, hnd, after a careful perusal of them, would decide in a few days, perhaps earlier than Aliculay. Il'e ooti-e this cue niereiy to show with what terrible conse quences the delays in Chancery visit the suitors of that Court. VICE-CH A NCELLOR'S COURT, WznxEsnar, JAW. 12. Thero was not any cause of public interest in this Court to-day. COURT OF KING'S lit:Nell, 1 .1 - CUMESDAY, JAx. 12. Siftings RI krorr LAND CIIIET JCSTICL ADSIOTT atd 'ommon Jut irs. . TIAII T LEY V. CASE. This was an action brotiglit by the plaintiff, who is an attorney in Bridge-street., Blackfriarl, against the defendant, as drawer of a certain - Bill of Exchange for ISO/. on And accepted by his father, since deceased, and which had been Wormed to the plaintiff by one Clifford, of bill notoriety. Mr. Scala/MT Raid this was a very brief cue, although he un derstood his Learned Friend 31r. Brriugham's brief ran to an inter minable length. The bill in question was taken to the plaintiff by Clifford, aho begged of hint to disaiunt it for him, and 1w should then be able to procure certain papers from a Mr. Kaine, that would assist him ro pay the balance of 200/. he then owed the plaintiff. The proof of the signatures of the different parties to the bills har ing been given, Mr. SCARLET'S proceeded to examine his witnesses, and to prove the notice of the dishonour of the bill having been given. A letter wan put in, addressed to the defendant, by the plaintiff; dated the 17th August, toe day after the bill was due, requesting payment of the bill, but nut saying that it hid been returned dishonoured. His LORDSHIP thnuett that this was TIM • sufficient notice of the bill having been dishonoured t for raw toartat, the bill might have been due some weeks, or it might not even be due by a day or two. 3lr. SCARE ETT said, he conceived no particulat form was neces sary, provided the party was put on the alert to look after those who would he liable to him, on his paying the bill. The Leib Cuter JUSTICE agreed that no form of words was necessary, but there ought to he something more than this letter conveyed. He therefore thought the plaintiff must be nonsuited. His Lordship took a copy of the letter to his note-book. Plaintiff nonsuited. WILBY V. DItAIK. This was an action to recover I ,J. Bs. lld. being the amount of a Bill of Exchange, drawn by the defendant, and made payable to the plaintiff two months after dal,:. dlr. ALDERSON stated the cue to the Jury. The plaintiff was a respectable inn-keeper in London. The defendant was a vndng man who at the time the debt was contracted was come from Wakefield, in Yorkshire, (where he had served his time as an apprentice to a surgeon) to town, for the purpose of walking the hospitals, and during which time he boarded and lodged at the house of the plain tiff. It would be admitted on the part of the plaintiff that part of the debt had been paid, and the present action was brought to re cover the residue. Ile should call witnesses to prove the hartd-writ ing of the defendant, and that several applications had been made to him for the money, at which times he admitted the debt, and said that his father would be in town soon, and would settle the demand. !laving proved this he should then be entitled to their verdict. . - Theplaintiff's attorney, and the plaintiff's brother-in-law, were then called, and proved these facts, Mr. CHITTY, on the pan of the defendant, said, he had a very satisfactory defence to make to this action. The defendant was, as had been stated, the sot, of a very respectable mai, living at Wake field, in Yorkshire. having served time to a surgeon in the country, lie came to town in the year 1823, to walk the hospitals. preparatory to his commencing business for himself. He lodged at the house of the plaintiff, where lie ran up some very heavy bills, which his hither had from time to time discharged, after remon strating with the plaintiff fur permitting his son to incur such ex. travagant debts. In July, lei, the defendant's father came to tows and saw the pfaintiff, who. an that occasion, applied to die runner to pay his son's hill. Mr. Drake, ben. refused to pay the whole, but peered to pay 91. as a full discharge of the debt, which the plaintiff agreed to take, and the matter wait to be at an end. There was one observation which he (31r. Chitty) would make, which was, that although when a person pays a part of his own debt, this is no discharge Int the remainder, yet where a third per son conies and says to the creditor, if von will take a part of the debt in lieu of the whole, and the creditor agrees to do so, then that agreement is binding, and the original debtor cannot after wards be called upon to pay more than the sum so agreed to be taken. This is upon the same principle as that which makes the acceptance of sr composition by all the creditors binding on them : whereas, if only one creditor accepted the composition, it would rot be binding. Ile should be able to prove that the plaintiff; in the present instance, did agree to accept 91. front the father in dis charge of the whole debt, and that that 9!. had been . did. and p having done this he should rely on obtaining a verdict Inc his client. James Drake, the father. was then examined, who proved the agreement between hint and the plaintiff; and that the nine pounds were sent by his bankers from Wakefield. in the month of August, 18/3, to 3lessrs. 11'entworth and Son, and that he wrote to the plaintiff to call on those gentlemen for the money. It having been admitted that the plaintiff had . received this sum, The Luitu triter JUSTICE summed tip the evidence to the Jury, anti said, that if it were true that the father had paid the 91. in full. then the plaintitfcould not maintain his action, as it would be a fraud upon the father to gay—if you will pay me 91. 1 will accept it in full of lily demand pin your son, and the father, under such a promise, pays this money—after which the !plaintiff de mands the residue from the son. It, therefore. the Jury believed the evidence of the father, their verdict must be for the de fendant. The Jury, after a short consultation, found a verdict for the de fendant. KATLF ♦`ID ANOTHER r. ___.... _.......__ This was an action of covenant brought by the plaintiff* as land. lords, against the defendant as tenant of a dwelling-house and gar den, situate in Cumberland-street, Ilackney-road. The declaration alleged two breaches, the one, non-payment of rent, and the other, nut putting the premises in tenantable repair. Mr. SCA/M[7'T stated the CSISe to the Jury. The plaintiffs had purchased the premises in question from 3h. Tomlin, who had previously granted a lease thereof to Mr. Hein. mina, for a term of years, at the rent of 21f. per annum.— Mr. Hemming afterwards assigned the lease to the defendant. The lease contained the usual covenants on the past of the lessee and his assigns, to pay the ront and to keep the premises in tenant. able repair. The defendant hat! by his plea denied that he was the assignee of Ilemmins, and the principal question which the Jury would have to try was, whether the defendant was or was not as signee. If lie was, then he was liable to the two covenants men . dolled to be contained in the lease. The defendant hail been for many years a managing clerk to a very respectable attorney, and hail no doubt acquired a very competent share of legal learning. and knew very well how to conduct the business of his clients, but in this instance it would appear that he had nut sufficiently con sidered his own. The first evidence of his being assignee of the original lessee, and by which the law would construe hint to be inch, until he had rebutted that conclusion by other proof, was the facts of his being in possession, paying the rent, and ezeccising all the rights of ownership over the property tits several years together. But it would be shown beyond this, that the defendant did enter into an agreement with 31r. Ilemmins, by which the latter was to assign the lease to hint, that this agreement was excental, that a draft of an assignment was prepared, and that the assignment was actually engrossed. It could not, however, he shown by the attest ing witness that the assignment was executed, because that witness was dead ; but a memorandum of the execution of the lease would be proved to have been made on the back of the draft by that per. sun, of the day on which the assignment was executed by Mr. !fem. mins. It would be further proved, that uo connterpart of the as. aignment was ever made, and that the assignment itself was not now in the possession of Mr. Hemmins's solicitor, from which it would be reasonable to infer, that it had been handed over to the defendant himself, in whose custody it of right ought to be. Hay. ing established these facts, he should then only have to prove the amount of rent in arrear. which was stated to be '2..1.11.. being for one year, and the sum at which the repairs necessary to he done by the defendant in pursuance of this covenant hail been estimated. This he should be able to do. as he trusted, to the satisfaction of the Juyy. who would then, in the discharge of their duty, give a verdiee ler the plaintiff. The tautened Gentleman rafted his witnesses, who fully sustained the case as opened by him to the Jury. Mr. 11 t'UNZY said the defendant had no answer to give to the plaintiff's case, and that a verdict must go against hint. The Lours entry Jt'STICE therefore directed the Jury to find • verdict for the plaintiff: The Jury accordingly returned a verdict for the plaintiff, 100/., being NI. fur the rent, and 801. as the estimated value of the re- P6irs. ORF.EW CITTITILTN. 'fills was an action bmught to rev,ver the Rum of nu. N. 4d.. being for work and labour done and performed by the plaintiff, as an Attorney, fur and on account of the defendant. Scantirtrr stated the cue to the Jury. The plaintiff was a respectable attorney, now belonging to the firm of green and Asherg, bat at the tithe the debt which now constituted his - - round of action was incurred he was praciimen:: by himself. l'he present demand was made up of two Ft.lllllllW 'TGWU!. and which be wished the Jury to keep distinct in their minds Miring the very short address he should have siem.i . in to make so them. One of the hills was for working a Commission of Bankrupt against a person named Levi, of the Jewish persuasion, and it amounted to 102/.; the other was for private business dune for the defendant, amounting to 131. 3s. al. With rogard ttl the first bill, the defendant was charged with it, as asa.gaste of the bankrupt's estate. Ile was not aware that any defence would ha sat up ; he should therefore iwoceed at once to roll his witnesses. It should he stated, that the defendant had at one time paid 251. into Court, and had afterwards appliesd to a Judge for leave to increase that sans to iir, , which was granted. upon his under taking to admit that the bills of the plaintiff' were delivered. properly signed, and die action brought in due tint:, as required by time Act. It was not, therefore, necessary for him to prove these facts tuns. Wiiiiani John Harris was examined by Mr. NVaituirr am cl?ik to the plaintiff; 1 served a notice on defendant's attorney, 31r. hlaybco, on the 4th instant, to produce certain loners written by the plaintiff to the defendant. The first item in the bill fur DM was in December, 1821, which was after the dissolution of Thorley and Oreen. ;lenses Yrnhoulet cis:Mined by *lr. SCAiLETT.—IV!tness a in attorney ; had t saint:led the charges nude In the pluintia's and they were all veiy fair lila reongetible chirkei. Crowstenamirted by Mr.Otnnty.—They were such ai would be all:metl on taxation. The LORD CISIEr Jtl3l3E—And if they were not, 31r. Our.. ney, you might have had therit tatted ? This is not tile place to intrire into the nature of the charges ; they ought to Save gone bctnre the Sutter. Here a copy of a letter from ,3lessrs. Thorley and Green, ad. dressed to the defendant, informing him that their firm was dis solved, end requesting to know to whom he would wish his pawns to he given over. was read. The defendant's answer, dated the 22d Dezember:lB2l, stating that as Mr. Green had already attended two of the meetingi under Levi's commission, anti it sae probable that there would be Others, the papers had better be git.en to hint. Mr. GritsEr addressed the Jury for the defendant. His Learned Friend lied not been able, 1w eaid, to iuntsine what de fence would bo given to till ac:ion. Ills defence was, that lie .110011 object to the bills is tutu. The bill for 131. Odd must be lett out of view altogether, as the money pail Into Coon would tearer that. As to the other bill, be ihould have SO lay ootnething more particularly. This bill for 1021. was charged ayounst the dettaidant as assigne, of the estate of I:evi, a banknitit, and the charges con. tamed in the bill were for businefi done under the commiestoo atilt seluent to the choice of the defendant as such easiest. Now, what were the facts attending this commiiiion ? Lev:, after re. siding in Demerara fur several years, doing businer's there in con. nexion with some houses in London, returns to England. and find ing that his affitirs were considt fairly embarrassed, he cottoults with his friends, who recommend him to apply to an attorne • lie calls on Alessts. Thorley and Green, and sees the forester g tleman, to T whom he relates the state of hi s a ff airs- hoilei tells ti nothing but a commission of bankrupt c a n do hint any service. Levi asks i t, . what the expense would be, end Thorley, atter some consideration, tells hint 604 Thorley and Green finally agree to issue the com mission, and to extricate Levi from his difficulties for that sum. Levi then procures the bankrupt to become hie petitioning creditor, who accompanies Levi to Thtirley and Green's, and there consents to strike the docket, provided lie is saved harmless from all expense. as he wonid not be answerable for a shilling, espeeially as there was no probahility of any dividend being paid by the bealtrupea estate. The commission was issued and worked, and the coots paid, up to the choice of an assignee. Now, the question fur the consideration of the Jury was, whether the plaintiff had a right to receive the sum of 102/. from the defendant Cuthin, he having entered into thii specific agreement with Levi to do the whole business few GO/. He (31r. Gurnoy) should contend that the plaintiff certainly had not any such right. It would be monstrous to contend that an attorney or any other person having entered into an agreement to perform a certain thing for a stipulated sum, should afterwards be at liberty to turn round upon a third person who heti Le t:0mo a medium, as it were, of the business to be done, and claim of him a larger amount than the original sum agreed on, or indeed any sum,, notwitlistand.: ing that third person became such medium under the express con. dition that he was not to be charged with any part of the expenses attending the transaction. He should call witnesses who would prove the agreement made both by the plaintiff and also his late partner, Mr. Thorley, with the bankrupt, anti having so done, he should then look to the Jury with confidence for their verdict, a more than sufficient sum baring been already paid into Court to cover the other part of the plaindfre demand. ll'illiaol Lowe examined by Mr. ‘VEIGHTMAST.—i am a ele , mist and druggist, in Bishopsgate.itreet ; I know Mr. Levi; lie applied to nie to recommend him an attorney, whom he wanted to consult respecting his atikirs; be never spoke to me particu cularly about his circumstances, butt I understood them to be in an embarrassed state. 1 rceommentleel him to Mr. Thorley, who is my attorney, and a gentleman I had known for many years. An apt pointment was made for them to meet at my counting-house. They did meet there, and after I had introduced Mr. Levi to Mr.Thorley, the former conimanioned to the latter the situation of his &theirs- I did not hear all that passed between them, butt understood Mr. Iseyi to say that his attain were deranged, and they the:. talked about the working of a Conunissinn of Bankruptcy. I heard Mr. Thorley say it would not be much, perhaps about tiol., as there would tie extra meeting.. Crust-eitatitined by Mr. Symms:l'l%—r had employed Thorlz•y to bring actions amunt Levi * two partner:. I know the defend ant. Ile was always considered Mr. Levi's great friend. I am not certain whether Mr. Cuthin was present at the meeting of Mr. Thorley and Mr. Levi. He used to call on me frequentl7. sou seemed ansious to stove his friend I,tvi. I never had any feeling about the matter, as it Would not make a farthing difference to me one way or the tither. Henry Levi, having been sworn on the Old Testament, and with his hat on, according to the Jewish formula, was examined.— I formerly carried on business at Demerara, in partnership with Abraham Aaron and Daniel Levi. I came to England in the supitner of 1821, end found my aftkirs embarrassed. I made ap plication to' Mr. Lowe to recommend me an attorney, tint/ he recommended Mr. Thorley, who met me at Mr. Iscove'o. Alr. Ctithin was not present. I told Mr. Thorley my situation, anal asked him how I was to proceed to extricate myself? He recom mended me to be made a bankrupt. I asked hint what would be the expense, and requested hint to mention' the lowest sum. lie hesitated a little whale, and then said, probably it would coat Wi. at all events not more than 601. and that he would get me through my certificate and all for chat sum. I said I would consider of i:, and consult with my friends, and give an answer the following day. I went the next day to Thorley and Green's office, and was inenalucett to Mr. Green. I had a conversation with him similar to that which I had had *hit Thorley. Green appeared to he ac quainted with what had previously passed between Thorley and me. I then left Green and went to the defendant, and told hint whet had passed. He accompanied me to Mr. Green's. We both saw that gentleman. The defendant and Mr. Green but a conversation on my affairs, and after some lime Mr. Green. said it would not be prudent that 1 /Mould hear the conieroa thm which passed between them, and requested me to withdraw to the window. I did so, but notwithstanding I heard the whole that passed between them. Mr. Cuthin, the defendant, said he had no objection to serve tne' by striking a docket, provided he saw his way clear, and that he should n ot ultimately have to pay any ex penses. .Ir. Green said the snm certainly was small, but as hist partner had agreed to it, he should consider it binding, but hoped t that if in the event of the expenses being more titan 601. by I extra meetings, that Ctithin would make ft up to hint by employ. ing him in his own affairs. Mr. Cuthin promised this. Air. Green j then called ma from the window, and asked one whether I undcr stood the laws of bankrupts. I said I did not, for I had been living is the colony of Demerara the best part of my life, anti the only laws I knew were Dutch. lie theta asked me whether I had contracted any debts in England since my TetUffl. I told him I had one : he said that would do. Ile then took a book, and opening it, turned two leaves down, and told me to read that, and it woulti teach me bow to commit an act of bankruptcy. 1 did rend the passages marked, and in consequence I applied to my tailor by the name of Scott, and told him to call on me on is certain day for the amount of his debt. I intimated to him what I intended to do: he afterwards did call, and although he saw me, I was denied : previous to this I had orld Green what I intended to do, and he said " very well, that will do." I told Itito I should place niysel: in a situation that Scott should see me, and at the same time I should be denied. After Scott had called and I was denied to him, I went and informed Green and Cuthin; the eonntasoion was then stied out ;previous to the cominiartion being sued outs I paid to Mr. Cuthin 10!. as part of the 6W. expenses. Green has very lately admitted to me that he had received •..W or 30/. from Cothin, but as he had not got his books with him then, he could not saeas to the precise sum. Cross-riantined by Mr. SCAILETT—t ant 27 years of agd• I left the King's Bench . pristin about sixteen months ago. 1 have never been a prisoner since. Mr. Cuthin and I are friends. 1 learnt my good English as others do, by being born in England. 1 went to Demerara in 11110; I was tben 13 years of age. I did not go into business immediately. I went into partnenthip with the family of the Levis in 11117 or 1010. I received one letter from Mr. Greta when I was in the Kings Bench ; I am almost positive it was when I was in the King's Bench. I once lived at 11'hitecrow. Ports mouth. 1 think at was there I received the letter. I have de stroyed that letter. The subject of it was to inform nee of a rte..:- ing of the l'ommissioners that was about to take place, anti rr. goesting to know whether I had any property; and it proceeded to say, that unless I diaclosed what I had done with certain bills IVY assignee would feel it his duty to adopt such proceedings as would lie very penal against me. I was charged with concealing that property, which Mr. Green knew perfectly well I had. end there fore I could not hare concealed it. I never gave up those bilis ; but have them new. Mr. Green observed to me at the time I saw hint about striking the docket, that as be could net recover trust me after the bankruptcy, Mr. Cuthin was to be responsible. L have seen defendant lately. I saw him yesterday at his office. and have seen hint to day. 1 have not got my certificate, through 31r., tireen'o mismanagement. I have not obtained it, althouv,h most of the creditors are willing that I should have it, notwithstanding there is Ito dividend. !fere Mr. Scar lett put inn letter to Mr. Cuthin by witness, its which he speaks of the application which Mr. Green had made to hint fur a disclosure of his property, and says, that as the bills were sent to hint to get accepted. he could not return them ; swot that. as to his property at Demerara, he would give him (Mr. Cu. thin ) an account of that. He -t a x s r. n Y- is property wa s at D efamers. and w the hands of a clerk and an aurally. Ile hut ani;ninetibY 31 but few creditors s;siort his private estate. No messenger was Pent to lake possession of his property hare when the eotnio,*.: o3 iscied. The bins al!uded to by 31r. Green's letter were go.h: !or • I I P ~w ;~~ M gt re, • ~~ I