The British Press; or, Morning Literary Advertiser. — London, England, 1824-11-27 00:00:00

THE LATE FLOODS IN GERMANY. imintaer or • LtTTER, DATED RRRRRR Oar, NOV. 14. • You will, no doubt, have already learned, generally rim the public papers, what a calamity has befallen a piat portion of t;ermany, in the last days of October. I ink** you some extracts from one of our journals, which tarnish more particular details respecting that tremendous iatindation, so ruinous in its consequences to hundreds of thousands of person:. •'s in the year 1791, our rivers attained the greatest height they bad ever done in the memory of nein ; and there are still living some old people who recollect the accutful devastation which was the consequence: but in 40111 part•, the present inundation exceeds that of 1714•1 by from one to three feet : my, even in elevated valleys gleOurfr the mountains, which were then spared, and *bids from their situation seemed to be beyond the reach cof any such calamity, there were floods which laid waste . before them, as wrll as in the lower valleys. In the yirer 1 7y I the inundation took place at the end of the - *lnter; and the approaching summer rendered the state otthe sufferers more tolerable. In the present case, the wintry is close at hand, bringing in its train frost, ice, and bash inundations. disease, and other afflictions, which must ibisitsbly bear the hardest upon those to whom no other 411111dort is now left but the benevoktice of their more for tunate fellow-creatures. •• All the assistance that can be afforded here, in the 411Cluntry nail, to mitigate such inexpressible distress, is fin eh with an greeting zeal. From the private soldier to die Prince, front the poorest widow to the most opulent individual, every one is eager to relieve his unfortunate countrymen. The sums collected in this city within these few days by the single house of Coll and :ions, amounts to nearly $OOO florins. Philanthropic persons are going front time to house with subscription lists, while others are collecting linen and clothes, and sending them t 3 the Corn- Mitten already formed at Stutgard and Carlin:the, for the ndief of the distress& " Notwithstanding all this, it were much to be wished ant still more t fhetire aid could he afforded to the thou mods. who. destitute of house or home, of sufficient *thing, and of wholesome food, are exposed, at this ri gorous Mason, to indescribable miseries ; especially when it Is considered, that if the weather should continue to be antfavoumble, their wretchedness may nut yet have 'codicil int highest pitch. lam convinced, indeed, that an appeal lin the generous people of Great Britain will not be made bi vain." halcusxcr OF THE SUPPI.Y OF MATER 47 ThE EECEVT P/XE& • frame • cosiararowevzsee.) ;Testerday a Special 31ceting of the Bridge Ilona' Committee of C,orporation we., held tor the purpobe of inquiring and receiving indenee an to the cause of the deficiency of the supply of water, eleferienced at the rece•.ut No stranger, were admitted during the investigation, and we are, iltrrerore, unable to give a full account of the proceedings; but nem what has transpired, we learn that the molt plete evidence eraiireceived. . . . .3lore than forty fir men. who attended all the late fires, were examined, together with the parish officers, turnoacks, and others. ;:,11111r. Aldeinian WA IT lIMAIf, whn, from his residence, was well Wwiratil with the localities and circumstances attending the fire ielTlect-street, and that near Bridge-street, took a very active part in the investigation. :With respect to the latter places, it appeared that in one instance aft immediate supply was obtained ; hut that from the circumstance of there being several large gratings, or piney -holes, at the ends of the streets, the water ran to waste a considerable time, and could not be made use of until they were each stopped up. In one or two instances the plugs, it appeared, were at considerable distances *owl the spots where the fires took place, and were not readily *and nut. Considerable inconvenience was sustained, and many leaped/erns, all taking up great time, were necessanly resorted to, la order to get the supplies from them. In the tild Bailey, where Eae main runs and severe loss of time was susteined in getting supply for the fire at Alarm. IVilkinson's, it was found that in ddamising the road, the parioura had ignorantly covered up She plug altogether. With respect to the fire in Loidenhall-street dlisd Docgate.dork, it appeared that the water discharged for the AIM of the engines in the one place, diminished the supply at the other; for they took place nearly at the saute time, and both spots an supplied from the amine mains. We understand that the eonimittee, after very minute and lahori. this examination of all the eircanistanees, came to an unanimous conclusion that the supplies of water were in every instance suffi• elect, and that as far as the Water Companien were concerned, no Mute was properly imputable to them. The deficiency of the apply erne from the imperfect nature of the parochial 'mange thetas with respect to plugs and stews an a general cause, and Qt some instances the deficiency anise from cause* purely accidental. The Water Companies have nothing to do with deciding as to the Beefs on which it is expedient that plugs shall he fixed. but will it them wherever they are required. It is, we believe, recoil,- Soiended, that the Common Council or Ward Officer; should see $0 new regulations in this respect, and cause additional plugs 110 be placed there they hare been (mind requisite. It is also in evidence. as one point of great importance, that additional fire ranks should be put down, and the stations made known. As it 11, the firorien are compelled to run shout to search for and pull up the plugs, to hunt for materials to stop up the gratings, to seek for eutncocks Ift.d stations, and to hare then, time occupies, in a number 4details, whilst the fire gains upon them,and spreads havoc amund. The report drawn up hum the evidence taken before the Committee, VIII perhaps be given to the public in the course of • few days, in olbe al shape. • At the private meeting of the Common Council of the Ward of Ilinelngdon, held on %Veiliwailay, much of the evidence taken be fore the Bridge Bowie Coinniittee was examined, and they came Of similar con, Itisiona as to the supply of water and the necessity ihir rev, irgulations. SPORTING INTELLIGENCE. HUNTING APPOINTMENTS. The Cotteemore hounds meet on Monday at Amok MS, on Ittesday at Slacken, on Thursday at l!ffitigdon Wood, and on Oriday at Leetithorpe, st a quarter before eleven. rarl Fitswilliam's hounds meet on M lay at Mame Wood, an Tuesday at ririntrahaw, eta! on Thursday at Duckworth Wood, a: ten. The South %Vold subscription Atlantis meet on Tuesday at Mint- Neby, on Thursday at Tuthill Wood, and on Saturday at Belch. ford Wool, at eleven. The 'Warwickshire foe-hounds will floret on Monday at Sam. traiiir, Tuesday at Wimpaon.bridgc, Thursday at I:ittin Wood, and Saturday at Walton Wood. The Cheshire hounds on Monday at Moulton Hall, Wednesday High Ugh, Thursday at 'Tahiti, and un Saturday at Ilallantry ark. Sly Richard Puleston's hounds on Monday at Oteley Park, Wednesday at Emrad, and on Friday on MariSrd Hill. • Sir Thomas Stanley's hounds on Tuesday at Badger's Rake ime• AIL Norton C,artwrighes harrier on Monday at Eardwell Windmill. Sir Jacob Asticy's hounds on Monday at the kennel. She Richard Sutton's hounds on Monday a. liarpawell, Tuesday at Wickenhy, Wednesday at Kettlethorpe, and on Saturday at Stapleton! Moor. The tirartaden hounds on Monday at Longstantsn. and Friday at Whaddon. 'Two valuable horses belonging tea gentleman of the Qualm littnt were destroyed at Levity last week, front suffocation. ‘l'e Moderation' that the groom had incautiously lift a candle burning agiOnst a wall. while he quitted the amble for some purpose ; and eancllt: falling upon the ground , set fire to the straw, aril caused ire death of the liorxs a few minutes afterwards. One of them is aid& to have cost its owner more than two hundred guineas. Mr. II aiurs started en • fine blood mare early yesterday morning, to ride ninety miles in lire hours, from St. James's Chapel. The equestrian rode eleven wont, and had trained tiw the match, which was a spirting one. Ile was to have horses unlimited. His road was through Kilburn, Edgeware, &c. to the foot of the hill, or MN, near Paaintry, Flock., about miles, and 37 bait. Betting watt 6 to 4 tie time, with plenty of taker., as the morning was isvoundule, and the roads loose. The )(tome, was perfirrnied to g bow, and IW minutes. The match was won very easily, and the gewleimn who rode uid not appear fatigued. It was over at sae o'cock. Intelligence from iVarwtek state that Josh Hodson left that town jrypihrtley nitormilg tor London. II is swollen head has ninth dr. Owisawar!. and Le wa , in us good spirits as a Neer Or a stake of I,ouoi. world well lw. He will arrive in London this morning. Cannon Lit lx.eitington on l'htirsday, after the surgeon bad &p -ipes, this sieeiile sod thread to the gash on the cheek Wise. lle is about as much fit to trust! as Hudson. On Weilnewley an inquest was held before the Coroner for Stamford, on the body of William Sasilby, a sergeaut in the 76th re ; ;iment of foot, on the recruiting service at Stamford, who was found dead that mornit.g, hanging in a asw-house belonging to Mr. John Stanger, at the back of the Salutation lim. Not a doubt being entertained that the untertimato man had destroyed hinisetc, and evidence bring given of various inconsistent acts which had marked kb conduct for some time pa , it, the Jury returned a verdict isisisuit".—The.decremed was about 44 years of age, and a Native of itoothby, near Lincoln. LAW INTFL LIGENCA% OMIT OF CHANCERY, FRIDAY, Nov. ift. IN TUE MATTER OF MAR ill, IoTIIACFV,I•ONTLF.ItOT, AND GRAHAM. Mr. MONTAGU' said, this was a short motion upon the part of the assigner of the above firm. Three commissions had been granted, each within a month of the other; the first against three of the above-named bankrupts, the second against Henry Faotitle. risy, and the third against the four parties. The latter was taken out by Mr. Seymour, a creditor, and his prayer was, that this latter should be superseded, and the former only he acted upon. Mr. Seymoor's commission was evidently useless, and one efficient com mission WWI sufficient for all purposes. Mr. SILADRLLL said. the separate commission against henry Faonticmy was taken out for the purpose of securing his property ;ur the general creditors. Mr. GLYN appeared on behalf of one of the creditor,, and pray ed the Court that the consideration of this motion may be post poned for a few dart. Mr. liE•11) affirmed. the Learned Gentleman should not be heard at all. lle could not appear for one creditor ; the others, if they amounted to I,bwe, should be also represented in that Court. The Ln an Ca AXCELL.OII—VOII are too quick for me; you and Mr. Shadwell ktiow what you are shout, but I Jo not. Mr. HEALD was given to understand that Mr. Shadwell would oppose the tuteion. The commission against which this motion IMP made was taken out by Mr. Seymour on the 28th of Genstar, against the four bankrupts, and the object of the motion was, that his Lordship's writ should issue fur the purpose of superseding is, and that Mr. Seymour should pay the costs incurred upon the oc. ration ; or if this order were ,not made, 'that all proceedings upon this commission be stayed, and that efrect should be given to the remaining comniission. There is, in fact, but one efficient cont. mission. The Loan CHANCE T.Loa—lf you ask that the Conuniasions against the four lie superseded, there must of necessity be two ; there can be no objection to the proceeding, and the interference 011 the other side seems unnmicessary. Ile was at first paled, when he found there were two Commissions taken out, one against three, the second against the remaining partner; but he found by the late Acts, that where there are many partners, use eonimission may be taken out against some, and a second against others ; and as if. in the present case, a commission he granted against three, and if afterwards a romtnission be granted against the remaining one, it will work as if it were granted against the four. There is, how. ever, no necessity for suspeniiiiig that against the four, for the other may be found to labour under some infirmity or defect, which we cannot at present foresee. The better way will be, not to supercede it. but render it inoperative. It can be placed in the Secretary's office, and all pmeerdings upon it restrained. Mr. Morreauu.—We are to understand that the commission against the four is to be placed in the office of your Isordaltip's be cretary, and this will sot prevent the proceedings on the other ? The Loan CseAuczkkou.--Precisely. VICNZNANCELLOWS COURT, FILIDOT. Nov. N. CARRINGTON (CLZON) v. JONtll •XD OTHERS. This was an bane directed to try whether the vicar of the parkh of Berkeley, in Oloucestershite, was entitled to the tithe of milk and colts. . Tbiaquestion, which derided the right to tithes, worth (ac was stated at the trial) near 4,4160/. a-year, was found by the Jury against the Rev. plaintiff. In the last term Mr. Cursmoil had moved to net aside the verdict ; and the case came on now to be argrd by Mr. SrOOT.N, Mr. Cu aw,ion, and Mr. RUAIELL, Inc the plaintiff; and by Mr. HEALD, Mr. TAUNTON, and Mr. Kos, Mr the defendants. Din Ilustot; it, al:er observing, that in his opinion the finding of the Jury could not he stipported, said, that he would give his rea sons for his Judgment mom fully on Monday. This ewe occupied the Court during the whole of the day. COURT OF KING'S BENCH—Nov. 26. The LORD Cum. JUST ICC entered the Court at half-past nine, and disposed of several undefended Nisi Prima eases, which were not of the slightest interest; his Lordship was a:cupied but a ftw minutes in going through them, wl.ea the other three Judges came into Court, and proceeded to hear motions. The Loan Cutts* JUSTICE intimated, that he would, on to morrow (this day ), give the de, talon of th•: Court on some cases that lay over, among others that of Duncan r. Thwaitei. THE SIKH V. NICHOLAS, ANDOTHEnt. Mr. ADAMS tooted the Court for leave to tile a criminal informa tion against Captain Nicholas, Lieutenant Nicholas and Lieutenant Day. The application was made on behalf of Mr. toady. an Alderman of the borough of East lame, and a Purser in the Navy. It appeared from the affidavits, which were partly reset by the Learned Counsel, that the defendants arrived in tag hone on Saturday the 3.1 Nov.; that on the Monday following. Lieutenant Nicholas and Lieutenant Day, walked past the house of Mr. toady, armed with horsewhips ; and that shortly after, Lieutenant Day 'knocked at Mr. toady's door, and seeing that gentleman, wl:o happened to be there, in the hall, addressed hint to the following effect Mr. Wm. Nicholas has gone to Church End (a public part of tho town)— he otubsa to see you there—h: wants to horse whip you." 3lr. Neatly here desired Lieutenant Day to depart, or he would send for a constable to remove him; on which he (Lieu tenant Day) further sairi--" I won't go till I explain. and tell you that you arc a 41—.41 rascal and blackguard, and I don't rare who heart me say so." Mr toady sent fin his friends to consult with them as to what pnweedingit he should adopt ; and it appeared, that while Captain Suad v (the brother to the applicant) was coming to meet the other friends, the three defendants came up to him, two of whom had horsewhips. Captain Nicholas addressing him, said, " You did not run away from your ship as your bmi her did ; he is a bar, a rascal, and n vagabond." To this Capt. toady answered, "Surely you and I have nothing to do in this business." Captain Nicholas said they had; and further Lieutenant Day added, `• Your brother is an officer—he knew where both Captain and Lieutenant Nilas lived, and he can't avoid taking notice of this." cho Mr. Soady, in his atliii;vit, said, he never gar; offence to any of the patties, and could only account for their conduct from his having made an affidavit, when a criminal information was filed, in 1818, against Captain Nicholas, at the prosecution of Mr. Kays, an attorney ; and he further swore, that he believed the object of defendant was to provoke him to fight a duel. Rule granted. _:1'11E KING r•. THE HAOHITIIATES OF KENT• Al r. 1 7 F 1: applied tar a rise, erillinriuji;ntbilefentlants, who are Illagistiates of Kent, to shut cause why a 1111 'demo should tint issue, requiring them to hear evidence in a case of the illegal csite!irrn of lulls. Ile made the applies:tun on she part of Witt. Cttbh. it. jar.. The Magistrates refused to hear the evidence on the chewing of Mr. Adolphus. That Learsted Counsel con. tenths!, that the 3,14 George IV. section 143. chap. 11.41. required that the ittforniations should be laid within three months. Ile (Mr. F.) submitted, that the section only had reference to costs. saki did nut contain or include any allusion to rite time. The Loan Cimr JUSTICE asked if the Learned Gentleman nrwed on the Inisenuctruction attic Statute ? Mr. Vr eNrit replied in the affirmative. The lhonD CHIEF Jurrscr.—Take rule to she, cause. COURT OF COMMON PLEAS, FRIDAY, Nov. $6. SITTINGS IN 13ANCO. YEP Ex V. MARSHALL. This was an action of • trespass tried before Mr. Baron !hillock, at the last assizes fur the town of Newcastle. The plaintiff in the action had been a hosier at Newcastle. and becoming entbarrnssed in 1822, he west to prison, and in the August of that year obtained his discharge under the Insolvent Ileloma" Act. The defendant ,Marshall was assignee under the Act, and was a glover residing in London. Its 3larclt 11123, Marshall moved for a rehearing, and the result was that Ileispen was remanded for twelve months from the day when he was so remanded. Between the period of the first discharge and the recommitment, the plaintiff had taken the Ball- Moon tun at Neiscaatle. Ile furnished it with wine, spirits, 4c. all of which had been obtained on security offered by hut friends. At the trial it wan proved that some money remained unpaid by the plaintiff to those new creditors. Moshe!, hawever, having heard that the plaintiff sea doing business and had property in the Inn, authoriaed his co-defendants ' Yell and Jona, to enter upon the plaintiff's premises, and sell whatever they could find. At the trial it was proved that the latter acted upon their instructions, and entered the house of the plaintiff, in Deeenilwr 1823, with no small degree of violence. They deprived his wile of the use of time g in the house; they even sold the very bed upon which also nd tour of lire young children slept; and that the family were compelled to lie on the bare bedstead foe a fortnight, at that melt inent sra,on of the year. Some of the persons who had bought the plaintiff's gosh, finding the condition of his wife. sent them back. It was also proved on the trial that the plaintiff's goods sold for 881. but that his estate was brought in debtor to Marshall in the sutra of 2/.12+1.8d. In his justification the defendant put in the assignment executed by the plaintiff in his discharge front prison under the Insolvent Itrbtors' Act, on the 20th August I 022; ana l further conteroled. that the 4th, 17th. and '2sth sectiona of the Ist Geo. IV. chap. 119, gave him the legal ri„• , -ht of entering upon the plaintiff's premistv, and selling his gnods under the assignment; and not only that, bat he insisted maul his tight to sell all those goods, or other property. which the plaintiff might acquire, until all his debts were satistivsl. A point of law was raised at the trial,'( upon the construction of the Insolvent Mnors' Act, which the learned .hish:e said he would not determine at Nisi Prins, but left it to the Jury to say.-first, whether the property sold by the de fendant was required subsequently to the plaintiff's discharge; and scent:illy, if it were, to what amount of damages he was entitled...— The Jury returned a verdict, damages 126/. The Learned Judge gave the defendant leave to move to enter a nonsuit, if the Court 11.1 , 0 , 14 c should be of opinion, that the justification pleaded was good in point of law. On a turner day 11r. Sergeant Vaughan appeared for the de fendant, and obtained a rule to allow cause why the verdict should not be set aside. Mr. Sergeant WiLDZ yesterday appeared to a:iew cause against the rule, and contended, that the whole question would turn upon the construction of two or throe damns in the Insolvent Act. The assignment mule on the discharge of the prisontr was only intend. el for the transfer te his ereduots of his then evicting property. 'floe very semis of the assigiinient cloudy shew this, as well as what was to be fairly interred from the Ith. sth, and 7th sections of the Ist (let. IV. And the Rith OeCtioll evidently 'hewed that the as. signment gave no control to the Assignees of the after.acquired pro perty of tie insolvent ; for it vested that power entirely in the In toleent Court. The sections !died on at the other aids telated to the power of punishing the insolvent in case of fraud or conceal. ment. The eth section of the Act states, that a prisoner should at the time of subscribing his petition only exectite a conveyance and assignment of all his property in such form anti manner as the Galin should direct, other th in hits wearing apparel, bedding, &c. to the value of twenty pounds. This property thereby becomes vested in the provisional assignee of the Court, subject to a proviso, that if the prisoner did not obtain his disetarge by virtue of that Act, that such conveyance and assignment should, after the dis missal of his petition, be null and void, to all intents and pur. poses. The sixth section provided that the prisoner should make out and deliver to the Court, within fourteen days of his signature of this assignment, a schedule. containing a full and true account of all his effects, real and personal, in expect ancy or remainder, in order to put the Court in full posses sion of the property which so passed under the assignment. The 7th section merely vested his estate in certain Trustees, with. out reference to any authority over his after acquired property. The assignment, in fact, passed nothing, but the existing property con tained in the schedule, which maid only contain such property as was actually in ease. The 15th section was framed with great cau tion, and shored at cote the wisdom, justice, and mercy of the Legislature. It gave the insolvent a chance of again establishing himself in the world after he was turned nakedly from his prison ; it secured the first earnings of his industry to his new creditors, while It reset ed to his old creditors, the means of recovering their debts if the insolvent should become so prosperous u to have property sufficient to meet their demands, or any portion of them ; but that only under the sanction, anti by the order of the Insolvent Court. The 25th section enacted, that when an order fir the dis charge of any prisoner should be made, the Insolvent Court might order judgment to be entered up against him in any Mt of the sea. paint Courts in Westminster, in the name of his assignee, * for the amount of all the debts from whim he was discharged ; that the prisoner should execute a warrant of attorney to authorize the en. tering up such judgment ; and that the order of the Court should be considered as sufficient authority to the proper officer for so en. tering it up. The same clause provides that when the person was ability to pay his old debit:, the Court should adjudge the term and measure of snch payment, and that the sum adjudged to be paid should be reliably dist:fluted amongst the creditors; and that the Court should proceed in the same manner, from time to time, till every one of his creditors were paid 20.. in the pound. The assignee had no power to issue execution against the subsequently-acquired pro. petty of the insolvent ; !rave must he given by the Court to issue it, and the Court must judge before doing so the measure of the in. solvent's ability. That this discretion was placed in the right hands could not be doubted ; for, otherwise, there would be daily in. stances like the present of individuals breakiug up the growing for tunes of their debtors—of selling property to the amount of huncireds, and still in no degree benefiting the general estate. The new cre ditors should be protected, else the old creditors would be continu ally coming in, and sweeping away the property entrusted to him (the insolvent). The Court was not bound, even if he had property, to issue execution against the whole of it, but only against such part as they might think fit. The assignment gave nu power to the assignee without the leave of the Court. The 29th section only passed the then existing property, adding, however, that all stock sequired in the public funds, which by law could not betaken in executions should be by him transferred to his assignee; and, that in case of his refusal, he should be remanded to prison until be hail complied. Now, if the mere assignment passed the after-se. quiresi property, this clause would have been unnecessary, because the property would have been within the reach of the assignee ; and the Bank, as in cases of bankruptcy, might be ordered to transfer t the stock of any persons whom he might point out. There were other clauses which showed that it was only the Court which could issue execution. And, having said so much, he would now con. elude, satisfied that it was not necessary for him to say another word to convince the Court that the verdict had in this case ought not and could not be disturbed. The Court here lose. Mr. Sergeant VAV GI II AN this day race to support the rule. Ile could not gainsay the principle laid down by his Learned Brother, but he would nevertheless contend, that the Ist Geo. IV. was only intended to protect insolvents upon • full disclosure of their pro- perty, and not for shielding fraudulent persons. The fourth see , tion only protecred the " person" of the insolvent, with the further condition, even in th it case, of his compliance with the other pro. visions of the Act. the principal of which was the assignment of his property to the provisional assignee. The question here was, if the property acquired alter an insolvent's discharge were vested in his assignees? Ile thought the Act contemplated all the pro. perty of the insolvent, at whatever period it might be acquired, else his final discharge could tint take plane. Mr. Justice —Pray what do you mean by his hnal charge ? Mr. Sergeant Vauonax—l mean, my Lord, his final discharge front all his debts. Mr. Justice PARIC—Then you mean his discharge from all his debts after his arrest ; a liquidation of the claims of all his creditors. Mr. Sergeant VA t . 611 A M —Precisely so. lie contended that the discharge under the li.selvent Act was only conditional, and not final, because until all his creditors were satisfied his property would be liable. lle considered this, and would treat it as a case of fraud; the insolvent was found guilty of fraud; and were their Lordships to discharge this rule, it would be giving a bonus to other frauds. . . . . The Curer JUSTICE assured his beamed Brother that he was not disposed to *ad another bonus to those already enjoyed by fraudulent persons. Mr. Sergeant VAUGHAN-11a man became possessed of 50,0001. bequest before his final discharge, it would be idle to suppose that it was not liable to be taken in liquidation of his debts. It was clear the legislature required that all a man's property should he liable—that was to say, all his property previously to his final dis charge. The character of the insolvent in this case should be carefully looked to; he was proved to have acted fraudulently, and could any one believe that the means by which lie enabled his wife to take the Half :Boon Inn, were not those of his honest creditors ? Arid, if so, had they not • right to assert their claims to it. Was it uncharitable to suppose that • man committed foe twelve months for fraud, was not likely to con. crap his property, and was it less likely that the goods seized by his assignee were not the property or his creditors? The legal effect of the first discharge was nothing, because the insolvent was still liable to he called up and re-examined, whenever the Com missioners might think proper. Such was the man's fraud, that he sou denied even the benefit of " the Rules." As the first dis charge was really no discharge at all in law, he next came to the final discharge, where the second assignment over-reached all the property belonging to the insolvent up to that period, and if so, then the action of trespass did not lie. In fact, after all that might be said, the assignee hail not exceeded the right manifestly given him by the legislature. The :11th section of I Hen. IV. gave the creditors • power of seizing on an insolvent's funded property, and why not extend the same principle to every other species of pro reit, ? The legislature never intended to say to the insolvent, " we will completely white-wash you." No; but the Legislature rave to his creditors an unquestionable right to all his property. Whenever and WlltletVlT an insolvent had property, up to the period of his final discharge, the law gave it to his creditors to satisfy their demands. Even if the property had fallen from Heaven as a tres.ure-trove, lie was still liable, and as if he was to be stripped naked, arid left only clothed in his integrity. The re JUSTICE—When we granted this rule, we did not think it was likely to be sustained. This, however, being a rule fur discharging an insolvent from his debts, and founded on an Ac•, whether for good or for evil, which is certainly a most import ant Act, we have given it every consideration before prunouncing our judgment. No doubt the creditor cannot possess himself of the property of his debtor unless under an execution, and no one can contend that the assignee in this case had any power to issue it. Then, was not the defendant guilty of the trespass? None of the Acts, and 1 have looked through them, vest in the assignee the alter-acquired property of the insolvent ; the Court alone can order execution ups the warrant signed at the period of hie discharge. An innolveit debtor is like an uncertificated bankrupt, because all his after•equirisi property Is liable to his creditors, with the ex ception of the sums necessary to discharge his newly-acquired debts. The insolvent is bound by the 4th sect. Ist taco. IV. to assign all his property, brit can that be other than the property then existing? ran any more pass by the assignment? Certainly not. In the ease of bankruptcy. the law vests all in the assignee; in this case, all is vested in the Court. The provisional assignee is placed only in the situation of the final assige.ec, for neither could have at either time inure thin the insolvent p ',skull. In fact. there was nothing whatever in this Act which gave assignees any right over the after acquired eropery of an insolvent. Here there appears to have been fraudulent conduct, and the party was punished; but with respect to the fruits of his after-industry, it was to remain to him for his simport, unless the !ourt thought proper to under a r.ueahle division of it between his creditors. The assignee had no authority for what lie had dune, and I pronounce that this rule shall be dis charged. The other Judges concurred, and the rule was discharged. THE BRITISH PRESS. CONSISTORY COURT, Nov. 11. [Before SIR CHRISTOPHER ROBINSON, ifuitcht.l MONTAGU'. V. MONTAG VI. Doctor ADDAMS said that George Conway Montague having married Marearet fireen Montague or Gretna Green, in Scotland it the year Iltti3, they cohabited together for several years, having several children, three of whom were now living. A citation had issued In May last against the husband, for a seperation by reason of adultery. There were various itroccedings thereon, and on a recent occasion there was an application made to the Court that run persons interested in the result (they having a reversionary intense of the property of 3lr. George Conway Montague,) should be cited ace the proceedings in the cause ; that application was refused on the ground that the validity of the marriage, which could alone erect them, might not be contested or denied by Mr. Montague. The Procne in this case had put in the tumal libtl, pleading the validity of the marriage. and bad given in four exhibits there with in support of it, the admission of which he understood sou ob. jeettd to. Doctor A istot.n objected to the admission of the libel, and con tended that the exhibits should not be received as legal evidence. The libel pleaded that the marriage was contracted according to the law of Scotland; then recited the different forma by which marriage is celebrated. The first article stated that the marriage ass contracted by the mirth.' at Gretna Green, in Scotland, and that that they being above the age or pupilage, did in the presence of divers credible witnesses acknowledge each other to be man and wife, aeumling to the law of Scotland." He objected to that as defective ; the term pupilage conveyed no information to the Court, nor did it allied any opportunity of counterpleading. There was! also a certificate of James Paialcv ( the variant, stating that be had been present at such marriage. The Learned Advccateobjected to the certificate being received as evidence, and cited die case of Kokes v. Milward this year before the Consistory Court at Rochester, in which a similar certificate from J. Laing was re jected. After citing a variety of macs, the Learned Advocate stated the charge of Adultery was also ton loosely plncicd. The parties cohabited together from the time of marriage till 1817, and afterwards until urn The fact of adultery charged is stated to have been that Mr. Montague having induced Mrs. Montague to go to Liverpool, under pretence of residing there, Mr. Montague returned to his house at Northampton-square, in Islington, where he lived in adultery with two sisters of the name of Baldwin, servants in his house, by each of whom he had children. These I (sets occurred from 1418 to 1820, alter which a cohabitation took place between the parties. There was no averment that it had only recently come to the knowledge of 31rs. Montague. Dr. 411:N SER followed on the same side, and pointed rut various deficiericies; which, he contended, were apparent in the. allegation. Sir C. Rom Nsox—The parties wiU have no objection, I dare say, to supply them. Dr. Ls:misc . ] . oer —lre will supply them if it is thought nee's. army. Dr. ADDaste, in reply, said he did not suppose it would better the ease, or alter the facts. If the declaration stated that the parties drove up in a post.chaise to a blacksmith's forge, at Gretna Green, where they were subsequently married, it would not, he contended, be necessary that 3lrs. Montague should al/edge the precise words used by the blacksmith on the occasion. Dr. Lusutscrost-1 beg to set my Learned Friend right. The pamon WM a respectable tobacconist. (A laugh.) Dr. ADDAMS, in continuation, said—The age at which the ca. pallidity of persons for the marriage state, as termed in the law of , Scotland " pupilage," would be round in Lord Stair's Institutes to be fourteen foe males, and twelve for females. The present parties were above that age. Sir C. ROBINSON reviewed the allegations, and the objections raised against them, at considerable length. After which hr said it would be desirable to have some of them rendered less ambigu. ous, and particularly directed that the Ist, 2d, Bth, and 10th Articles, should be reformed. The allegation dismissed. POLICE. HATTON ()ARDEN. Sn t P Are It Karst:a:B.—A gentleman, whom we understood to be a Director of one of the I)ivssional Schools, applied to the Ma gistrates of this Office, for • dispensation of the trial time usually required in the binding of parochial apprentices, on the following principle, which if generally admitted, would open a door of inde pendence to many lads, who, perhaps, are altogether unfitted by disposition or capacity, from following a trade with any success to themselves or to the community. The increase of the shipping in. terest, and the comfortable wages that a young man may earn, after the expiration of his servitude, were the points to which he begged to direct the Magistrate's attention. An application for an apprentice had been made at the school, by Mr. 31• Niece, a re spectable gentleman, trading to various parts of the world, who had a vessel now in the river, chartered for Mexico; when the circum stance was mentioned among the boys, seven of them volunteered to go, one of whom, John Hall, a st•tut lad, was chosen, as being the fittest and the most anxious for sea-service, and his binding now only waited the Magistrates' sanction. The Magistrates, though approving of the principle generally, as opening a good means of livelihood to a well-conducted lad, yet rondensited the measure of binding a boy without sufficient trial, as It appeared this boy had no notion what a ship was; if a fait trial were given, suppose one voyage, then, indeed, there could be no objection, and, in fact, it might be more advisible, on many ac counts, to send some lads to sea than suffer them to remain at home. Mr. 3PN:ece, who attended, concurred in the 3fagistsates' opi. ninn as to the utility of affording a trial, provided it were not at. I tended with risk to the apprrntice; because if a lad is known to have gone to sea before his articles were duly completed, he would in the event of a war breaking out, be liable to be impressed into the naval service at any future period of his apprenticeship, and thus loose the protection of his indentures. The Magistrates said, that they did not suppose but there was some exception made as to trial boys. Mr. M' Niece replied in the negative, and stated that he knew of instances where application had been made to the Admiralty for the discharge of persons so impressed, and always without effect. The Magistrates then suggested the propney of making a minute on the back of the indenture, that if the boy expressed a dislike to the sea after the tint voyage, that the indentures should be eancrlled. Mr. "I Niece acquiesced In this suggestion, and the boy was articled accordingly. LAM BETH-STREET. ExrB getvr ROBBElY.—Yesterday hear,, KnoVey and C:rorge Ibis were brought up, charged with being concerned in a mast extensive system of robbery, which has been earned on for a length of time on the property of Messrs. Severn, King, and Co., the extensive sugar-refiners, in the Commercial-rnaii. Henry ‘Vidding stated, that he was in the employ of Messrs. Severn. King, and C. 0., and on the 221 of September last ore of his employers' waggons, driven by a man named Fowler, arrived on the premises front the West India Docks, containing five hogs. heads of raw sugar. Witness assisted in unloading them, in the course of which his attention was attracted to the drawing hole of one of the casks, which had evidently been disturbed. Witness procured the dock ' ticket, which stated the weights of the al hogsheads. and on weighing the one in question he discovered that it was 138 pounds short of weight, the original weight being 18 cwt. 3 qrs. 21165., and it then only weighed 15 cwt. 2 qrs. 231bs. Witness immediately mentioned the circumstance to Mr. Severn, jun., who had the hogshead reweighed in his own presence. John Evens, foreman at the West India Docks, produced the entry books, containing the weights of the hogsheads on delivery, and the hogshead in question contained the weight as stated on the dock ticket. John Whirling said, that on the day in question he saw the Per Krniley with the waggon at the West India Ducks , Fow -1 err was not with him at the time. Win. Green, a waggoner in the employ 4 Mr. Drake, a town. carman, stated, that on the day specified he saw Messrs. Severn, King, and Co.'s waggon, driven by Fowler, stopping opposite the King's Head public-house, in the Commercial-road, and the pri. inner Kernlcy assisting Fowler in removing a large sugar bag, ap parently containing • hundred and • half, out of the waggon. The prisoner Fenn was thers also, and he heard him say to Fowler, "Don't do it so much by day-time;" to which Fowler replied, " It can't bide here any longer." Fowler and Kemley then went down Grovc-street with the bag, and Fenn went into the King's Head. Mr. Win. Severn, jun., Raid that Fowler was at that time in hie employ, but the day after the robbery was detected he absconded, leaving three days' wages behind hint, and he had not seen hint since. Ile bad no doubt but this system of plunder had been carried on for a length of time. as he had found in the waggon some curious implements used for extracting the sugar from the hogsheads. The Maglstretes called on the prisoners for their defence, but they declined saying anything. and were both fully committed to Nurgats for trial, and the parties bound over to prosecute. (From the Lorwlos New Price eget-rest. Nov. 264 COTTON.—There was some considerable business doing in Cottons early in the week, but the accounts from Liverpool being unfavourable. checked the request; the market has since become quiet, but without reduction in the prices : the estimated sales are nearly lag bags. The letters from Liverpool this morning state the Cotton market languid ; the prices rather giving way. St IGAR.--The Sugar market has been very steady during the week ; the business done very considerable : the prices are without the slightest variation. The Refined market has been rather heavy this week : the prices are little varied, except lumps, which are re ported at Ves., but the general quotation cannot be stated so low. rhe request for refined fur the home trade has been steady and considerable. Molasses ere very heavy at 264. fit. ; there are how ever plenty of buyers at 264. In Foreign Sugars no purchases by private contract are reported. By public sale this forenoon, 271 chests Ilavannah Sugar, fine white 405.; yellow 2112. a 295. COFFEE.—The prices of Demerara and llerbice Coffee, par- ticularly the middling and finer qualities, again declined 2s. a 3s. early in the week, on account of time quantity forced on the market; since then these has been more firmness. In St. Domingo, Ja maica, and other descriptions of Coffee, there has been no altera tion whatever: the market finn In price, but rather languid. There were two public sales of Coffee this forenoon ; the whole went of steadily, and the middling Jamaica at rather higher prices; fit. Domingo of a fair quality, 511 s. 6d. and 595. ; the late prices are to-day fully supported. consequence of there bring no public sales this week, there has been more business done privately by the whole sale houses. A fine cargo of new Cephalonia Curnuits sold by private contract at 265. Valentia Raisins in boxes are getting scarce, and no sellers at present under S7s. Denies in baskets con tinue to go off very heavily at 375. Cal. a 26•5. In the other descrip. tiona there is very little variation. RICE—The business done lately by private contract in Rice has not been extensive; some fine Carm mlina has realises' 2Ss.; and no parcels of Bengal white offer under 14‘. a 14s. O.; at the for_ met. price it would be difficult to purchase. By public sale on Tuesday, 252 barrels of Carolina Rice, middling quality, 3'4s. 6d. a 344. ; only a small portion sold. RU3I, MUNDY, and HOLLANDS.—The Government contract for Ruin on Tuesday last had rather an unfavourable effect on the molls t ; it was taken on terms lower than at first reported, Is. 34d. to Is. :led. Leeward Island Rum is in consequence heavy, but there have been no sales at any reduction ; some few small par cels of Jamaica Rum have sold, strong quality at full prices, but generally there is little interest in the Rum market.—Brandies con tinue gradually to improve, and to assume much firmness; parcels housed have been currauly sold at 21. lid. In Genera there is no alteration. StPlCES—Nutmegs, which have lately advanced with such ws. pldny, are again heavy ; the price reached 4s. Bd. per lb. but, we think. the nearest quotation to-day is 'ls. 41. Pimento, of good quality. Md. and 91d. Nutmegs, at the cline of this day, have fallen to a.. a 4a. 21 TALLOW.—Thc Tallow market remains very heavy; the new 34g. I:SI/MO.—The low qualities of Indigo, which have lately been an much neglected, have conic into demand, and sell at a small premium on the India House sale prices. We understand the brewers of Lewes have raised the price of beer and porter $l. per barrel, in consequence of the advance in the price of hops and tualt.—Sussex Paper. DIED. On Saturday. at King's Clitre, Mrs. Bonney, aged 611. who °I the late Bev. H. K. Bonney, Rector of that Parish, and mother the Archdeacon of Bedford. On Monday. in the Precincts of the Cathedral. Canterbar" aged 08 Lean, the Ref. Thoi , a% Benner, one of the Minor Canal af„. that Cathedral: Vicar of Saint Altohaite and Rector of Ma mall* Northgate., Canterbury ; and Vicar of Stone, in the Isle' OxOn Sney. unday, Wm. Holt Davimn, of Brand Hall. Simply'. Esq. He is succeeded in his e%rite.. by Daniel Wilson Doss , I. only son of the late Dr. Davison, an eminent Physician r° heeds, Yorkshire. On Wednesday. in Tabernacle-row, Finsbury-square. 3 gld 78 ' the Rev. Francis Wrigley. On Sunday morning, at Argyll Houve. Oa a long Milos. Rev. H. D. Whittington. On Saturday, in Portland-place, Bath, Wm. Perfect, KM. in in the s2d tear of his age. On the 12th inst. at Morton, near Souther )) . Dorothy Fletcher. in her led year. She and her husband were relieved as mural' more than 60 years ago ; and although they had only four Milan:. yet they have r.ceived at direrent times weekly payments id tiV amount of move than 1.000/.! —.awe ——- - - MOH WATER THIS DAY AT LONDON PRINS . Morning 11 rain. after 11. I Afternoon 33 min. shot w --- - - Prised at THE BRITISH PR IF.SB Office, by J. W. illeloir elle Ilsond, and published by M. Cans dx. Pte' MARrETS. CORN- N, ov. We had a few fresh EXCHA arrivals this GE morn N ing from IL the Saff H ali m Norfolk co ast , o f 'heat and Barley, but d ur i ng thew eer,. supply of all other Gr a i n has born very short. Fine Wheat: scarce ; the bales made to-day were chiefly confined tiorei. tine quality, which was taken off at rather higher prim Th.. I Alunday. samples of real line malting Barley sas f w n on Monday. but this trade was not very Link. iVhat fe w were effected of Oars realised a small advance tui Monday, 4, 411 , but. many of our buyers, expecting gaol supp li es, rtfrain f,. chasing more than their immed ta . s wan require.. (; a te K.7. fully realised 3londay' s currency . P eas very wank, aa w beams dearer. I! XBR I IN; E.. --- 7 11. Corn Inspector's Return, Noe% IL Wheat, per load . • 171 ea i s ri Barley, per quarter . . to I Il k Oats . . 4 81 se Beans . - . PeAs - - - 2re i s 3%1 Wheat - It vr Hirley . NEW BURY. BERES, Nov. 2T. - S.Ss ta Bls I Oats . . - —s to —s I Beans 4411 - 34% to n -s I Peas - 44 8 to A , Bread, per gallon, Is lid to Is Ad DEVIZES, 11:05 , . Wheat and Bum st reek ; todie2 and Oats Pet guano Wh eat 2k so to bk 00l Oats - 251 to 21. k Batley -36 s to Mk bßeans - 2 45 to 0. 11UNGERFORD, Nov. 24. Ms to Ns Oats . 344 to Us I Beans . Wheat Bark SALISBURY, Nov. 93. Ms to &hi Oats . - 34 s to 4651 Boos . WARMINSTER, N0v.29. Wheat . 49s to 70a lIId Oats Barlef su to Wji Od Beans SMITHFIELD, FRIDAY, Nov. 20. Bed . 3s Od to 41 Od Veal - 34 Id to So o Mutton - 1s 4d to Is 4d I Pork - 3a 44 to So a HEAD 0► CATTLE THIS DAT: Beasts, 736 Sheep, 3,981 Calves, 180 !Piga, 1(4. IIAY-MARKET. 41 101 04 to St it 04 . 31 Os Od to 41 o, 04 Id 10s Od to 51 th Od 41 Os Od to M Oi V! 11 16s Od to 21 56 3d Hay (Old) New Inferior Clover (Old) Ditto (Inferior) - Straw . NEII%ATE AND I.EADENLIALL—(By Caro)." Reef - 2a ato 3. Ild Veal - 31 b gels I Mutton . 21 Id to 34 131 I Pork . 3. 4d t• b 3 PRICE OF BREAD. The highest Price of Bread in the Metropolis is Ild. first foi:r.potitid Loaf. There are others who sell from a halfpesa ls time halfpence below that rate. PRICE OF POTATOES. Nov. 26. Potatoes - 31 Ins RI to 4/ Ills Id per TO:). Yorkshire Kidneys 41 Os Hd to 41 IS. Ild ditto. PRICI.S OF 11AY AND STRAW. IT. JAMI.S . S. WIIITECUARL Hay -63 v Od to Ills Od Ray - 70, Od is NYS Ditto (Nes) —s Od to —s Od Inferior - —4 Od to --ill Clover . GIl. Od to 110 s W Clover - sis Od to 11611 Straw - 3oa Yd to 4& tid Straw - 36. Od to ON PELLE Ok HOPS. per Cwt. Nov. 26. POCKETS. JAGS. Kent . 61 les to 81 8s Kent . 61 01 to 71 I susses - GI Os to 71 Os Sussex - li lks to il Its Euex - el Re to 111 Ile Essex - II Its to 71 Is _Fsrnham, Ise 161121216 PRICE OF RAW FAT. per Stolle of Mb. Price by Tallow (as seated by the Talk. Mellen). b 401 Town Tsßow : l'ellow Russia . White ditto . TAMA ' 43s 0.1 37s thi 3:is 6d 3:n Od 19+ Us 611 Od I. SOA P, &c. per II b. Yellow soap • 761 Of Mottkti . 78 6 id Turd - Ns Id Graves . 16 61 Good Dregs . 601 Soap ditto . Melting Stuff . Ditto Rough - PIMA; OF CANDLES. The price of good Store Candles in the retail ships is as follow ('and les, per dozen M to 71 Moulds . . . RAW BIDES. Best Heifers and Steers, Ordinary . 1 1 . Mto 1 1 per atone • 3a 2d to St 4d I Market Calf (each) - le id aliddlinga - 2. 1011 to 3. Ind SHEEP SKINS. Polled, 34 lid to 4t 9d I Sheep, O. Od I Downs, Os Od to So Fells. 04 MI to Os O•i I Lambs, Os Od to OS Od PRICE O 1 LEATHER., per lb. Rotes, 50 to 56Ibs - - - ttld to VA Ditto, 56 to 661bs - - - 111 to Ili Dressing Hides . - - Itid to IN Fine Coach Hides - 20,1 to Ile - - Light Crop Hides, for Cutting, 35 to 40Ibs . 164 to IN Dino, 45 to 501bs - - - - Hid to IM ('alt' Skins, 36 to 401bs - . IRd to Ed Ditto, 50 to 70114 - - - - ild to rd Ditto, 70 to 84/lbs - ''- - 224 to 114 Snudl Seals (Greenland) - - • I7d to IBd L arge D - Ditto - - 16d to 184 Tanned Hone Hides - - . 13d to lid Spanish Hone Hides • . . 13.1 to ID COAL MARKET, Nov. 26. Ships et MorkS. Skips Sea 104 Ncweastle 1S - I Sundalsad . • Prier. . 331 ftct to 391 - 37* lid to MURDES NEAR Nrway.—On Saturday morning bat, the body of a young man named Thoinai Doyle, about sew teen years of age, was found lying on the Dublin road. about a mile and a half from this town. An adjoursel inqu st was held on Sunday, before S. Reid, Esq. Coronet : when the body was examined by surgeon Brown, andante slugs extracted from the herd of the deceased. Swell wi nesse; were examined. hut nothing was elicited from them calculated to lead to the discovery of the perpetrators of this foul deed. It simply appeared in evidence, 'hat the deceased had been sent by his employers, 1116 MS. Alla- derson and Greets, with two led horses, to assist the mail coach over the hills between this town and Dundalk. The substance of the verdict was, that the deceased ww killed by some person or persons unknown.—New, Telegraph. BIRTH. At II ythe. on the 23d inst. the Right Hoe. lAdy Greseek, of I son and heir. MARRIED. On Thursday, James Rau, Esq. of the Pipe Mee. Somme House, to Elizabeth. youngest daughter of the late Roots. Esq. of Greenturd-plice, Harrow. On Wednesday, in the Parish Church of Little Marlow, Beds. by the Rev. Temple Fevre, Sir Thomas Francis Fremantle, !Sai to Louisa Elizabeth Nugent, the eldest daughter of General S George Nugent. Bart. On the lath inst. at Paris, Thomas Strickland, Esq. of 8 Castle, Westmorland. and Barwick Hall, Lancashire. er r it youngest daughter of al. le Baron de Fingerlin, of the Oates* as Carlepoot. France. On the '.',3d of February last. at Rentoolen, in the island of ` o. metre, Jane. fourth daughter of Mr. and Mrs. Wilson, formal, el North Lidrenham, in Rutland. to John De Vine, Esq. office" c ' the Staff of the Bencoolen Establishment. On Wednesday, at Nether Broughton, Leicesteeshire, Thor" Parnani, eldest son of Thomas Stone. Gent. of Barrow-upenson . to Miss Park, grand-daughter of Richard H ill, Gent. of the tarot' place. Wheat Barley 2•144, ages: 43 1 le; 21,t - Kr Mt.% 41. to