The British Press; or, Morning Literary Advertiser. — London, England, 1824-07-14 00:00:00

Hid in. eze •0. sal IlttM SUI, wnicir ir Go- es, Itcd lIIIRRrr SESSIONS, 0111Lttroars, Tudsbae, JULY 13. The Kerrey SiNtiona, ',Lich were held treiterday, excited no ea. dray degree rd inirrett from an expected diteussion relative to Mr mod-null. The case of Ilapiniti IYI all:when ws% alto expected IP he introduced, in rl lit thew cireorrevatiera it rimming that the at. tendance of Magittrates was more numemus than usually takes pbeest a llisrwt.r Sessions. At a few minute% beton eleven o'clock. !cowl Allinni.vrnm tank the Chair. Amr.nrit the numerous hotly of Magistrates pre. scot, we observed—Lied Eritrea 113rairman), Mr. 11. Sumner and Mr. Denisna (the County Mernheeo, Sir T. Turton, the Ilan. Orel Bennet, Ml'. Mr. Itrummond, Mr. Ilritroe, Ac. /cc. Afire the mufti proclamation was read, and the ordinary routine of iqiening the Seillilloll were gone through. the 4:rand Jury were seer*. Lord al 1111DMITOW. in charging the Grand Jury, said, he would °inane himeelt to a single OIMACtVaI tun, at all .he notes 1.. the calen. der, with the exception of one, related to ordinary 111I•11.91111111 , •ri, and odences which were of common occurrence, suit did not call fin any 'mark hens him. The ease to which he alluded, waist, in. (LCIIIIIIII preferred against three persons, far diaturbing a dissenting congregation legally aorembled. When this era came regularly be fore them, be requested their particular and marked attention to It. A preserument tree pat in for the repair. of Putney Bridge. which was stated to be in 'dangerous and dilapidated Matt. Atter a short discussion the estimate for its repair ass rejected. Several pvertentrnents the canna. 104 . 41 improvements were then laid before the Court, and obtained the tancuon of the Bench. MR. OTAILLAGHAN. Mir THOttaa TI• RV oar, on the presentation of the report of Mr.. ilitosm the Surgeon of the llommonger-lane Priam, expreoie4 a, desire to propose a len question. to dna gentleman, reative to t motion which it was his intention Waldman to the Court in the our.* of, the day. Ile was stilton% to t!i so I.ow, in order that he (ehr T. T.)wilght not demin him toan &cleaned part of the day when the motion might come on. The lion. 'tannin then put the following questions i -1/0 you the each prisoner on Ina drat committal to the ward ap pointed for his reception ?—Vis. Do you amellecre person of the name of O'Callaghan haring been committed ?—I do. Where wee he plead ?—hir. Pinion described in a low tone the ward In which Mr. O'Callaghan wee placed, but referred to the_itariler fire more sesame des ription of it. Was he in good health in the time of his imprisonment Did he at aft remonsty tie or complain of the tresdnent he re. aired ?—He complained of dui diet, and thought it lamb and on. lireithalath aim lwasir d ehidiuuM be withheld from him. Ile (Mr. Dixon) had no power to comply with such a rtituest, tiniest the prisoner was alfated by inneo. On any otaaion that you ithiited Mr. O'Callaghan. did you find him Winona ?—On one occasion he complained of a stomachic complaint. 1 seconlingli ordered him proper diet end necessary maiming. . - It. be nano, discharged ?.—Tax klir T. Truro): was desirous of as -ming Mr. Dixon that he did not int the clowning he had proposed with a view of imputing to hint blame, but for the purpose of shriving that die public officers diktrigcel their duty. He would put 1111 C more question :—Waa a mends diet by Mr. °Taiwan on bread and water. such a diet, sin your opinion was likely to seriously affect a person in his `on hi Wet—That would del end no a variety of circumstances. , .Mr. 0. AL voter—What was the sir . of the ward in which - O'Callaghan was confined ?—Eight feet by five. e Mr. HEDarl—Weve you Sent for on any occasion by him ? 'es; on the second day of his confinement lie com-,ilained of liet be received, and wished to hare it altered, and that lie t be allowed to take wine. Mr. 11. - I M you ever order wine for prisoners ex in the event of sii:kness or disease ?—Certainly not. short weren't . ..a thcn took plate relative to the education of ',linger elms of prisoners. f. I:OI.7IITLWAY here suggested the propriety of permitting regular business of the Court to take precedence of public mei. AMU. lie threw out this suggestion with a view to the aceuninio. dation of nutnerous parties who were in attendance. It was accordingly agreed upon that Sir 'Daman Torten's too. 61 should cone on when the rules of prison discipline were under iieuvidon ; and that Mr. litisroe's motion, relative the tread-mill. -slil be entertaitied when that engine was berme the cOnsidela of the Court. r. Walter (head gaoler) examined. r. Rancor —Was there a eased window in the want where . O'Callaghan was confined?—There was no glass in the apart. :nt, Mere was only a abutter. Then h woe:posed to the adniisslan of rain, and to the hutui. of the atmoapbcre ?—Yea ; unless the shutter were closed. iseoc —Bat then he would be deprived of light. Sir T. Tv Wean—Were any other persons confined in the ward?—l i es, two Mbers convicted of misdemeanours. that was the size of the mom 's which Mr. O'Callaghan was confined ?—Eight fret by six, and eleven in height. What were the dintenailitia of the airing-ground ?—Ten yards longand six wide. Who were the two other prisoners who were in the {Arne ward 4 Mr. O'Callaghan, and what were they convicted ?—Timo. Harrignn was one. 'r T. Ty ITON—He was an Irishman, and convicted I believe lark ?-0i something of that nature. e was a day-labourer ?—Tea. i 100 was the other, prisoner in the ward, and of what was he iieted ?—llls name was Moron : he was a journeyman hair. r o vigg i g an assault. Mill?.: -as T, eviolent eisault as VII eking ter jaw.ba: os Br r. llu Its° a—Harrigan was convicted, was he not, far eunalag a mock and knocking down every person he met on a Suns toorltingl—Hs was.--for obstructing the pathway. ty Sir T. Tintrox —And was it with such persons that Mr allsiyhan waa obliged to associate ?—lies. Mr. O'Callaghan make any complaint to you 1-11 e did ; he Coned that hu was nut peruattcd the use of wine and better Ho you know of any power vested in you that permits you to nerd e a discretion in the treatment and classification of prisoners ? —1 ant not aware that I paces' such a power. What did you do In consequence of such a complaint ? I ad vised Ism to make application to the visiting Magistrates. How puny days was Mr. ('Callaghan restricted m hit diet to - vd and water 7--SII days. Mr. Hu user—As the direrenre of the rank of prisoners hail and as the occupation of the other prisoners was ten if, tray I ask what w.ts Mr. O'Callai;han ?-11e is, I .teratiird a theatrical character. I Ily Mr. I. St . Nitta—That ha, In plain English, he is a player —.it know where he played the Coburg 'and the %delph. the um. G. Draw ET—have you heard that Mr. liarrick .1 Mr. %midi were plot eta ?—Yea. To a question from • Magistrate, relative to the precise time in . eh Mr O'Callaghan was limited to bread and water, he replied, en the 16th to the AP:I3 of June (both the,e days inclusive). Sir T. l't• tyro rt was unwilling to take undue precedence of any un who may have a motion to bring forward, but he wax to submit one, with a view of de.enuining whether any what introvements and alterations may be made in the regu , of prison discipline, as affecting perbous convicted of nits ? eNNIsow suggettell the expediency of poroponing his ..eie until the spurt of the visiting If sg ist non wan read. Lord I:Accent wetland in the mph of his lion. Friciel, that • report of the roiling blegistrates be read previous to the enter .nment of the motion. Sir T. Tv iron seared the Noble Lord that he meant to cast Imputation cn him or 1111 the conduct of the Magistrates rho tell with hlm on t late occasion. ins the contrary, be had the idlest rr'pect foe the body of the .Magistracy of the county, who *I to none in the kingdom in the exemplary and conscientious discharge of their duties. It mint he admitted, however. Wm opinion was strong against then on the late tmnsaction allus.on had torn made. This public prepossession was against them from an ignorance, which be believed to he rt relative to the Act of radians/Mon which the Magistrates The object of his citation was to sat the Magistrates right in rithiic mind, by shewing that they were not liable lb blame, they hod only acted in conformity to the directions ut an Act of t Legislature. After a few words from Mt. I/twister s Its port of ehe Visitingillagisiratcs was read. It remit* d tie remits/ of several restrictions on prisoners relative to sure s f confinement, and the mode of diet. It proposed that ners should be allowed to supply themselves with maintious ~ beyond the gaol alliwance—that the hours of locking up and fr internal arrangements of the prison, should he altered sit Ns owu less severely on the prisoners, and that they should be ivied tenanted lapins in moderate proportiona. lwrd Easventi expressed the satisfaction lie felt at the report eh had been read, and his approval of the alterations it nom led. The former regulations certainly required meson and s. Many regulations, which in theory were right aid just, ice were found otherwise. Ile liad be lately intseerel in . Mess of the county ; but font hus own olmervation, and reading the report of the surgeon of the county goal, he was , fled that bread and water was not sufficiently nutritious food the health of the pr wtuv. lie therefore entirely Nsoposcd alterations in the arrangement with - were other points, however, which demanded .1.111 and raquirell alteration. The seventeenth and ninneenth of prison regulations were not in his opinion a fair Interpretation the an of parliament or fulfilment of its intentions. The rule • grad discipline prohibited the use of spirituous and fermented 1. wheelie the part of the act which corrniwinded t 1 this rule, ofoltibeil • irituoualaiMigs. sod slid not place a similar merle. en fermented liquors. lb, RAMC film nation was applicable to ineeenth isle, which exeruiled the revile'.m impanel by titrAct f arlisturat. and which occasioned the undue rigour which 31r. 761 , laßhan esperienced. Miro, hear 1 lie reFretted that he Ibe so dealt with • lie regrettel that Mn. 0 Callaghan hail in vs dealt with, bect;ure it was awing to the niisinterprctation tin Meal Act, by the rules of the prism discipline that he had v 3 subjected to such treatment. lie could 1114 help ativcntug to Baer liblervidiata which bad been publicly thrown out upon conduct Thom observations sem made without a knowledge use eircumosnars thin erre developed at the Wad. In n.. news hr of publicans:mete a correct account of what took place at she thpilit. and unrlesenedobloquy always retireevl back with des. hr tic'' I arty limn which it hest came. Ile had heard that a Marjslnite (Mr. Allen) had mask a statement relative to 44 e of Ali. 4 n•mboan. It VMS supposed by same proams n he had flamed that information from his (hovel Esstooes) &MIMI'S of arauring the I'nel and the country. trlsli be tun had no communication whatever with Ins thy hrother Magistrate. Ile neither saw his notes, r.or had try ,itencsauon shaven with hint. Mr. A t.t.nn Ka:firmed the statement et the Noble Lord- He had called upon the Lord Mayer, in consequence amine Awfu -1 thins of his which were reported in the newspapers,. The Lord Mayor assured him the report was Incorrect • and, highly credit able to his loniestdp, het3lr. Allen) obtained* cati...faetney nation on what had !alien from hint. Itched pulsliehed a statement' In the Times newavver since. That ataterneat wait drawn tip f hi% own ohaervatiot% nn the triai • and he folly concurred with 'the Noble Lord and the whole Wench of Magistrates as to the justice of the sentence awarded to Mr. tot allaghan. That gentle. man had written a vs...linnet r, which did not contain any thing that ! either materially il.flcred :sum his statement, or that in any degree altered his original and prevent impretnion ot the ease. 31r. It:. N Isom, as a stoking 3lagistra.e of the gaol, and from the Fen he had taken in slits business, felt called upon to offer a few obziervations. Ile had certainly intertered to mitigate the severity of 3lr. 1 f t :allaghares sentence; he interfered so ea to improve his dirt, and to procure for him a lees rigorous observance of the rules of pinion discipline in his regard. Ile thought be should been. titled ro the comfort+ and accommodations which persons in his sta "lion of life were accustomed to enjoy. l'erlutps, indeed. he ex eteded the power he posussed as • visiting Magistrate. If so—if he erred— he erred on the side of humanity, and therefore hoped his heather Magistrates would pays a bill of indemnity In his favour. (Iles.) Ile had ordered a newspaper, pen and ink, and free ad ! mission to the friends of Mr. 11'1'160Rn: and in doing an he was appreheosive he had overstepped the limits of his " brief autho. city." As to the conduct of the Magistrates of Surrey, he had statsel in his place in the House of Commons, and as he most conscientiously believed, that there was not in the country a more active, zealous, and diligent hotly of hlagistratea. They were like other Imo liable to error; the Act of Parliament en which " the regulations were grounded had only lately passed the legislature, and if there was any error time Magistrates might fairly be permitted to plead "ryijero et caveat novilet." It was a matter of great satisfaction to him to hod that some projected improvements were to be intioduced a. to the diet of the prianners—the hour of locking up—and the moderate permission of fermented liquors. A gaol should rot be mule a place of luxury, but at the same time they were bound to send the prisoners out ot the gaol in as good a state of health as they came into it. Ile was anxious to touch on one point more, namely, the treatment of persons in prima who moved in a sphere of society which entitled them to respect, and to the com forts of life to which they had been habituated. He was therefore anxious that wrests of education and of station should be separated from those to whom he meant no disrespect by calling the lower orders. It was true that a rich and a poor man were the 11111111 C in the eye ef the law; but then it mut be titbit:tad that the punishment wi b wiileli a rich man wee visited wiensuch more severe, on account M his irtatllity from his fernier habits to encounter it. To a man whose halfits were those of daily labour and exercise such as were those of a labourer, the ditbculty was Inconsiderable; but to a pi-tom who Iran unacquainted with the tread-mill, and the species of labor it encouraged, it was a formidable engine of power. (The Ibuiourable Member was proceeding to comment un the effect.' of the tread-mild, when he wss called to order by the Chair as be ing extraneous to the business of the meeting.) Ile then re sumed and said, that he merely meant to say, that what was pit. nOthnient for an offence for one man, was more than adequate pu. ni.hoient the another, on account of the ditfireni stations which they tilled in society. file concluded by giving notice of a motion for next I letober, that each prisoner he permitted to purchase pro visions for hiniself—that a elsasifieation of the prisoners should take place, and that knuented liquors be permitted to the pri moneys. Sir T. Temente said that the motion which he intended to sub mit embraced nearly the same objects. Ile was anxious, however, that he might not be considered as identifying himself with Mr. O'Callaghan, whom he had acne known or seen. lie felt only for the Magistracy, who had certainly sunk in public opinion by their conduct on that occasion. That powerful engine of public opinion, the press—he meant the daily press—was ur,animous against them. This was of the more importance, because it was • well. known fact that the perss did not direct public opinion, but that the press was led by it. With the exception of a sunday paper (we believe i Jdis Rs!!) the public voice, as expressed through the publk journals, was loud and unanimous against this business (blear.) Ile would put it to any Man of plain understanding, if any of those persons around hint, whose good countenances bespoke the good cheerio whi.h they were aretistomed (a loud laugh), could live and (Tiny health for a month on bread and water. Very few were unnfined to the gaol allowance, but, latterly, in this county it had been most rigorously enforced. The circumstance of Mr. ()Cal laghan being a player had been adverted to, as if that were discre ditable to him. There was nut one amongst us who, by untoward circumstances, miglit not be übligt tl, by the exercise of his talents, whether through the stage or otherwise, to niake an honest and in. Mpendent livelihood fur himself. (lewd cries of" blear, hese.) Ile contended that, notwithstanding the evidence of the gaoler, yet that there was a discretionary power vested in him to take into eon eideration the rank of the prisoner, and classify him accordingly. This, lie maintained, was fully proved by the 10th Ruk. He con cluded by giving notice of • motion eni In acing the objects contained in kiss speech. 'Mr. Ile.w st re seldom rose in favour of the House of cam. ninny ; but as to the Bill which passed In the July of the foregoing year, he must say, that l'arliament bestowed the moat diligent and and active attention to the subject. It had been discussed by the best and most honourable mm in the country, and their opinions upon the clauses mere made up after a protracted and animated die cue‘ins. The Lords, or the Howie, rather, that used td be called the House of honk, returned it with four hundred and odd amend ments, in the adop tion of which many injuries were done, ansonpt the had of which w.ut tht inconvenience arising from the late truism don- lit (MT. 1).) Wirral thu the.Jibmissues• did Viols dr*, conscientiously • at the sun Mite he mast say, that the sentence was one to which he could not assent. The law was adopted after lung anti painful inqu ivy and in his opinion no blame attached to the law, hut to thaw entrusted with inexecution, for not haying discharg ed their duty with that minute inquiry which each a case demanded. Ile had not himself either written or spoken before upon the subject of Mr. O'Callaghan's case, but he had neither read in print any observations, or heard anything in conversation in his favour, in which he rhil not fully and entirely concur. Mr. 11. Sr MN Fe thought the present a very painfui discuaitinn. Ile c!•rtei•dly was of opinion that Mr. trCallaghan hail not been harshly dealt with, and although at a meeting of the Magistrates hedel not deem it ittlyieable to reverse the orders of his Honour able Coll:slue, (]lr. Denison) yet he must say he saw no or mon) for the regulations he introduced relative to the treat , went of that person. Ile hnd been compared by the Honour able Mintier for shrewshury to limerick and kemble, but he believed it would be found he wax a very different sort of per , son from them. Much had been said on the difference of the law as applicable to the rich and poor—he ( Mr. Sumner) recog nised no diflirenee in its application. If • man of superior education mitimitted a fault, his moral guilt was the greater, as his educatiott and station in life amounted to a security against the commission of crime by him. (Hear, hear.) Mr. He t• stmis n was of opinion that there should not he one LW for the rich and another fur the poor. The ante offence should meet with the sante punishment, be die guilty party who he may If it were said that one person should be exempt from punishment had norenother an equal right to immunity aloft. Ile was at a loss to know what limit was to be assigned to the rank of the persons who were thus to be exempted from the ordinary operations of the law. After a few words from Mr. Hennas' and Sir T. Turton, In explaustion Briscoe, Air. Hedger, de. the Report of the Visiting M ag istrates was received and adopted. Sir's. TravoN did not pens his motion, which was in sub stance the same as that of which 31r. Denison gave notice at the next Quarter SC :41101M • The g dieser *I It eke triad 4 IP Minn re *Wanes 4 place st i I Ma' 1.. tent the Is sent. we lai Mr. Bei la I they Be After 1 P of span i * swore. * Lord I confine I der, with * and Oa s. any refill ✓ diament a. tearer' M fore then he A prel WIT atliti doirtlll6o Seven laid beta l'r set Mir Ti IS littion, lat desire to be ITlOTiftri i 010 , 0 0 is Or T. ' when ib Is. followini Ind INI y , in. • pointed eta Do yo OTO• been ao sal Whet 1 11 I kilr ie: ape war Was is. DM I L aired ?. lick Isaias* *lt (Me. Di , thintits an the him hail his . romplait tees roesteint lan ' Is he 1 lair T. Co. nos rut wt. I hire Ma dist.Ftrt that mend s 9 lof • as in ye iced station I and Cy 111 Mr. 01 die. PT hl tee. —lest ✓illi the diet n•t e ,ht Id b Pre• 1y i his . apt in 1 A she D. the 'cut Me. t the rep nuns. dation e I. It sat 'eve"' I ties she sub- dixuant tall should I !loss ton of Id e. ' haft. *Mr. I r the Mr. (Ti con- moo, II cots, Then Mita, dity of Mr. 1 nasal By 6 ism.. i w oe v siali a II m u , froin eeehnet if the Wha lent WS 19h0 sofa f . Whol M led to t thl He I ante- S4ll Or slit EoTiOn. t lit . smirk Who Ite lal contiett limit- er i • have young vlfs.4 SY a . and, runs* rano day n-1 nt. N Y in ) / in at elf I him- .0 4 J erani Li •41 his dlr. L., and Do w Go. What did you do In rot wrists' elm d h.m to make applies' How puny days was I altuost bread and water ?—lita di Its at- By Mr.ltunsow—As t het% introduced, and as I om a I spoken ef, tray I ask a 't must uodevatard I a theatrical eh . By Mr. I. st• Nieto— . itt's on • Do you know where he pla . An- , .estres. sy hare • By the Bon. G. it r. wx t `find- and Mr. Kimble were play To a que.tinn from a A le crops. loch Mr O'Callaghan w rum the 16th to the lthit of We nn- Sir T. Tr ssToit was un take Isis t endemism who ntly have „ lions to .übtuit one, w week. nil what Inirreverwats al a Itcrl - nuns of prison dinciplint and the maim ? of the Mr. DEW signy sumo tem pt- onto until th e upon of ~ Lord EASTIMII moo ; but as ► Lord repots ed th e v i s i t i ng I I retool' oi , lament of the modal. indeed, Sir T. TnaTom mops curl Im p utation en hm or P b tr t : tw r .. cen . with him oe t i lt e o Igneor rosoect foe the h o , lehled to none in the Lim that the 'Mint discharge of thaw oinnuni. hot pi bite opinion w as at übjeet of somen allies hid her , This nettled against them trot . • evil, rt relative to the A in reply, ?ed. The ohjert or hi. le Serie- he oilille mind, by die w half of or they had only acted in id down he logi.lature. 'tiler a few weeds (ton ir TtnnP The It. port of the VI ilvesi the .nerd tl e rornovid of a l e (!nitot a hours i f euniine:nent, 'native to 7 imners ribruld be alb. , ..1, licyomf the gaol ail C. her internal ar ran gerrien ... Valr" , i , e;sa Ins sever e ly or roes Oil" Need tinuented limning 41 carri‘s l toed I:Arvin:a (Igor. AA hut(' A Inch had been testi, an. lit an a'd's''ended. The former re Inge. Man rrgulatio card ; our ranks were found otl 10 ticlll ll, r be inns of the count no reading the report of laving r e- "sfied that bread and s that lk_k• preserving the bealtl proved of the proposed rvq 01 1 0 1" 4,1 to diet There wen hreatenin% tender and required alit amphilfnC t ,io t.rimn regulations wei own their the art of parliament a I Charg C . he and drwiplme mil $ 'l , nws. whereas th e p an invetOrat e 1y plohibiicil • :•itit tutus ( 'ottnaelle r lot on fermented liquors. torn nineteenth auk, which t b O Ugh Parliament, an d w hi c h es, Ina Were 'Callaghan eviseriencrd d bees so dealt with • gainst hill' 1.4 se dealt with, tricot eharriracy• the Nod .let. by the t o, I,ut th e en subjected to such to on well ye- e wary oliersutiona el decided no "conduct. Those obit the enuninstanses thst Ir. itrOWIIC . or publicist's, did a tinned some .4 'llwar.antt aeutesem and he inn, s t t an tail any ?Min 1 ii i e 311 t 4 " ' h i' )I thci , urwte Mr. ' 'fte of plc.l) Calls uptitUtle. gi .'" he had flamed the was not the ",. iww he was dotes o- aeri' ter t .11 rac e the trial, he h a I:10 31st of °ruby kothcr Al &gement ~,tuuti:,,uoa *Lama ' % • TREAD MILL This was expected to have formed the most interesting topic of disenmaion during the dee, but owing to the course the discussion took, we arc prevented loom laying the details of the proceedings fully before our readers. Mr. Bit I scow. who brought thesubject before the Court, entered into a detail of cruelties which he al leg ed acre practised on several persons condenined to work at the tread-mill. Many of the persons, as he stated, died of the trestnient they received. The Learned Gentleman read an elaborate speech from a manuscript, which con. blood many cases (if true) Of Mats aggravated outrage. %Ve forbear from mentioning them, however, as a Committee of Magistrates has been appointed to inquire into their accuracy. The Magis trates appointed for this interesting ocemestion a-e Mr. Denison, M.P. Mr. G. Bennett, M.l'. Mr. IL Sumner, M.P. the Bev. Dr. fiourtesay, Mr. Drummond, Mr. liltioce, and Mr. Palmer. Mr. Su "I N En observed, that the proposition oldie lion. Gentle men contained two propositions ; first, as related to the nature of the punishment by the tread-mill generally : and seerndly,as to the particular cases of utiu.:: cited by the Honourable Gentleman. rhe first part of the proposition he would wholly entertain, but 'that was not of much importance ; but he would enter into the se cond part of the proposition, and was free to any, that if Mr. Green. the stwerinte.miant of the Brixton tread-mill, was disco vered in throwing water on one of the women in his establishment, in handcuffing them unnecessarily, and in the other cruelties des cribed, he was unquestionably an unfit person for the place he occu pied, and ought to be dismissed. Ile owned, however, he had a great distrust in the accusation, from a recolicetiow of an Investiga tion having been instituted into charges of the vary same nature, on a representation coming from the very same source, very little of which was proved by the evidence. Not one single ease that he brought forward was supported, and it appeared that soma of those i.veseltli whom he stated to have died front the labour of the tread-mill, had never bees eves emee upon it, or even ems. donned to it. lie had an apprehension that a similar fate awaited his present nukes* of charges. However. he was not indisposed to inquiry; but he could not, wader any circumstances, assent to an investigation into the nature of the punishment. as it bad obtained the full end entire approbation of the Secretary of State, and of the magistrates, trot only of this, but of most coun- The Rev. Mr. Cconvetwar entered into a statement of the charges of abuse of the tread-mill, preferred by Mr. Briscoe, which he satisfactorily disproved. - - - • • ••• Mr. firren, the superintrndant of the Brixton tread-mill waa firearm. and asked • few question%; but the inquiry sill. we un. derstand, he conducted for the present, or secret, into the several caws submitted by Mr. Briscoe. The Court did not break up until a quarter put eight o'clock last evering. The elm trees in St. James's and Hyde Parks, are ra pidly destroying, by a species of beetle ; a similar disease is now devastating the arsenals of France. CAPTAIN ha AI 1.11:•S MAU' et/ea.—The find match was to trot ■ horse in 'lames% seven milk. in half an boor. for one hundred aovereigns ; and secondly. to ride the same horse ten miles in half an hour, and the whole 111 be done within two hours. The matches too:: place at day.brcak yestin(lnc, co the noniron! road (the harness match). over three miles and shalt of ground, with a good circle to WM. The trot was won by a minute and fourteen ICCUI:4I3 and the gallop with two unnuaa to spare. EfGHTIf RA. PORT OS TIM COYItNIIOYruS Or INTO Tug COLLNC ?ION AND NIAXAVI:tII.NT Or Tut •111111141 MILANO, SCOTLAND, &C. CrCII praise is ape to the (:ommissioners of Revenue Inquiry, whose Eign:h Report is ncnr before the public, for the seal and perm:volume with which they proces3l in the discharge of their duty ; and no individuals, we think, could h ave b ee n s e t e vred that were better fitted for the task of accurate investigation, of better qualified to prepare and lay before Parliament a body of evidence on which to frame , such legislative ensetmentS as the present defective system of the Revenue laws tnay be found to require. The present Report calk the attention of the Lords of the Treasury to the laws which affect quit-rents, &c. in Ireland, and to tistise likeivlse which relate to the duties of leather, paper, and malt ; and on each head the Commis -1 gimlets have sifted out facts which will form the ground work of the most Useful and important regulations, and which, in their result, will be as serviceable to the interests of the public trader as they will be advantageous to the in terests of the Revenue. _ Qatet-rents are the rents reserved on the several grants made by the Crown of the antes forfeited in Ireland during the Rebellion of 1641. They are charged, it seems, at ai certain amount per acre, which varies in the several provinces— In Leinster it is fixed at - . 3d. pet acre. Munster . - . . 24d. Ulster - 2 Connaught - Their total amount rather exceeds 48,0001. and his not materially varied during 11* last century. C:01/POSITION Kr NT$/ Arlie on lands in the province of Connaught and county of Clare at the rate of los. for every quarter part of town-land, and 2s. &L for every centron in lieu of cess, impress, and quartering of soldiers to which those lands are subjected. The annual *mown of this composition is about 9,000/. In adCion to 1 4 4fiese are RENTII eon PLUS ACIURI—titO*N ItEPiref-.llllld RUNT/ vu at; int sr oa Lapis • theakillPtikhe 0111110qc land a which, not bang viortlf "PM Anvil tout rent, are granted out for limited periods by the Lord Lieutenant in Council, for any rents that tan be alained for them, under the statute of 2 Ann, c. 8. In Inn, as.. the Report. his Ezeellidey the Lord Lieutenant of Ireland appointed( nolmintioners to inquire into the title, tenure, extent and value of all lands, houses, Re. held under the crown in Ireland on determinable haste. The ',lmmolation,* *ported in de. tail on each sepirate estate, and on the fish of March, 1823, made a general report on the subject. which was presented to the House of Commons on the 11th of April, 1823. The annual value of the crown lands. Ste. in Ireland. held on determinable leases, is stated in the repo* hat mentioned to be : Present Rents. Recent Valuation .C. s. d. .C. s. d. Lands Forfeited in Iftil . 101 II 94 1,1181 2 I Ancient Inheritance 23 0 0 3,228 1 61 bands Forfeited in 1600 . 1,273 0 104 LIN l l 9 Port Corn Tithes - - 63 0 II 617 0 0 Per Arnum . . 1 , 8117 17 8 11,1166 13 4 The whole of the rents air, by the different patents. made pay able half-yearly, viz. at Easter and Michaelmas, and the following fees were, by the Act of 9 William 3. r. 31. melted to be paid at the same time, via.:—On all tents from is. to We., 6d.; from 20.. to U., h.; from St to IM., 15.6 d.; above ISL, 2s. That fees were formerly part of the perquisites of the colkdors of arise, until, on the increase of their wholes , in the year inn , dicy were directed to be brought to the credit of the crown in the tame manneraa the King's Keats. Notwithstanding the total revenue wising from these rents w comparatively inconsiderable, the number of patents by which they have been reserved is 11,243. Of these ON are under 51. and 2.1 under Ilfs. It is evident also, that Ws every division or sub division of the lands described In each patent, the number of indi viduals from whom the crown has to collect is increased ; in conse quence the number of small payments has become exceeding trou blesome, as well to the collectors demise se to the landowners: a class of persona called .' Quit Rent Drivers" we often employed by the former to enforce the et even the moat trifling sums ; disavows are also levied, ioi die and other expenses are Ire -16,74% quently excessive. it Wont , under these circumstances, that feelings of arlsariew he molted between the collecton and the landowners wadies mishwielly eis impede the due mean .in of the snare impriasal illitloseotnimed to these nffic of the reve nue. and in aim rupeclaoppastyp &swot prensibetal amines. The hereevlM_ _Mt, flioi s jwastee etaikkoned by this class called of persons, Jett Vitivert" may be conjec tured from .theit 'm y slog. The present Commis sioners of I ngidzy her* lam . Wil Put *inflation for putting an end its this spie' of exectillin, which, much to their honour, they have in such direct, terms condemned. The Report proceeds thus-- ' ... .. . , ._..._..._.-...- *epee of tKe7rAtSr_iiii4r4oo4l24T) rill in coin - sert wenn* of the Reports of the Cornaftraosere appointed in lit4o. which we have before referred to, that the Act of theSd Geo. 4. e. &I. was sanetiNied. This Art repeals the former Acts, end empowers your Lordships to yell, under certain rules and isolations therein speci fied, as well the lands let on determinable leases, as the Quit rents and other Crown rents, and likewise the fees ly law payable there with. _ _ It is provided by this Act, that the actual possessor of the lands dull have the option of muchsolog the Quit or other rents on or before the 31st December 1023; that the same option shall be given to the person who luta the reversion after that date. and be fore the rilst December, 1321; and that after the 31st December, the purchasf shall be open to the public. At the period of our inquiries, only twenty.nine lents had been sold under this Act; on easinining into the causes which hare hi. them) itupcdral these sales, we are inclined to attribute sonic share to the little publicity which has been Klein to the provisions of the Act ; but it is in the remand stamp duties required on each sale, that we shall find the chief cause of the insufficient results which have hitherto attended its operation. These fees and stamp duties are as follows : a a. IL Clerk - per skin . . . . 11 11 45 Parchment - ditto . . U 3 3 Enrolment - ditto . . . . 1 2 9 Stamp, per skin, I!. and 10s. every additipual skin . 0 0 0 Remittal to am: receipt from London - I 2 9 And ter every tenant's name contained in the first column of the parchment, as abstracted from the mast rolls in the Fire Tresvont's office . - 1 6 8 An nil valorem stamp duty, regulated by the Act 36 Gm. 7. c. 60 - - 0 • 9 -C. 4 8 It thus appears, that the lowest fees payable, In any case, amount to 41. 0.. Hid. and that in addition to the ad valorem stamp duty on the amount of the purchase money, there is a stamp duty of 11. on each sale: it Is evident, therefore, that where such an expnse must. in the first instance, be incurred. the disposal of all rents of small amount at 28 years purchase, the rate hied by ' beur bordahips, is necessarily out of the question ; and there can no doubt these expenses, when added to thine which memo- rily attend the employment of p ro fessional assistance, must inter fere considerably with the sale of other rents of larger amount. In regard to these fees, were it desirable that they should be retained, we conceive that a gradual scale,depending on the annual Tent sold, would be indispensiblc ; as however their amount can only be considered by slime who are desirous of purchasing the rents as so mush in addition to the money to be paid, and as those persons will not in consequence give so many years purcha-e to the crown, we do not apprehend that any actual loss to the public will accrue by their abolition, whilst it will simplify the proceedings, and facilitate the disposal of the roma; which an every view of the subject, whether we consider theuroitolnutiisa of the duty of the contemn of excise. the assinidation of that tfuty with the duty per formed in limit Britain, the circumstances which attend the collec tion, or the personal convenience of the landowners, appears to us most desirable. _ _ . We therefore recommend it to your Lordships to exercise the powers vested in you by the ad section of the Act of :Al (ieo. IV. c. Mk and to abolish the fees in question, granting salaries to the persons in the ‘'ice.Treasitrer's Aire, to whom they have hereto. tore been appropriated, In like manner as salaries in lieu of fees have been already granted to the other clerks of the same depart meld. ........ %t e cannot hesitate, on the same grounds, to recommend the repeal of the stamp duty, which is levied on the sale and enrol ment of these rents. It can, in our opinion, only operate to dimi nish the price which the CTJRII might otherwise obtain fo: them, and it is therefore virtually unavailing as a source of revenue, whilst at the same time it impedes the sale, and renders the inter vention of a professional man still more India te nsible, From the inquiries which we made in Ireland, we have astvr tained that the value of well-act-urea ground -rents varies from 10 I 10 22 Tears' purchase. ',tracing :*.out 24. As however the stamp duty is payable on Ma iustruounts by which the sale of such rents is carried into effect, should your Lordship* recommerd to Parliament its repeal on the sale of the quit-tenit, &c. an d also abolish the fees payable in the Fire-Treasurer's office, we think that a somewhat higher rate of value may possibly he obti iced. la., however. under the circumstances to which we have ad verted, a higher rate than 20 years purchase may not be considered more than a fair equivalent for these rents generally ; yet as the collection, where the amount is small, can never repay the revenue, the labour and expense Admitting it, and of keeping and passing the different accounts, and as each such rent may give rise to the evils detalltal in the Appendix, Increased probably IFOIIII the com parative poverty of the persons oerupying the smaller plots or te. neutrino, we feCtl4lllllWall some further encouragement to be given to the sale of snch reins, as follows . _ _ All rents standing in the collector's hooks as the Ist January, 11E1 :—At or under 24. and above 10s. at 20 years purchase ; at or under 10a. and above As. at I?, years purchase; at or under and above 2s. M. at 10 years purchase. With regard to the rents at or under 2s. &l. their discontinuance appear' to so desirable, that we cannot but reeosiusiend authority to be given to the Commissioner* of I.:setae to give them up gratui tously, on the application of the parties in possession of the land. Stich a proceeding, whilst it will be an act of grace and favour to a ..iatiber of small proprietors, will. we arcs' aided. be advantageous • M the Revenue, nd rbidt is not at present, by any mesas, reimbursed for 'hi time atrouble their collection reunites. It is with signal pleasure we remark this recommen dation on She part of the Commissioners, that authority should be given to the Board of Excise, to gi ve uJ, ir,i filitqualy to those in pfroS' ssion of the land upon wiukit they are payable, all rents at or tinder 2s. 6d. This mea sure will at once relieve that poorer class of tenantry in Ireland, who, while they are in a condition that most ex poses them to the rapacity of the " Drivers: . arc the least able to protect themselves against its in justice. _ . We shall take an early opportunity of adverting to the remaining topics to which the Commissioners have hero extended their attention, viz.—the Excise duties on leather, paper, paper-hanging, and malt ; on each of which ar ticks emisidertbk improvement in the collection of the revenue is suggested. FEMALE FAsitio.vs FUN JULY. (Fran La Belle Astediblee COURT DREGS, A petticoat at etherial blue satin, richly ornamented with lotos leaves, in foil of the same colour, and b►ocade down the sides ; at the border art broad flounce.. of beautifpi Brussels lace, in festoons; the potrits surmounted by bouquets of white roses • the sleeve'. Nil, and net remarkably short, but forming an elegant combination of blue milk, crape, and Brussels lace. The train of blue crape, very embroidered with silver. A superb diadem of diamonds, and fall court plume of white feathers. Armlets, necklace, and ear-rinp of diamonds. EVERING COSTUME. Over a pink satin slip is worn p round dress of Kensington lace, beautifully sprigged. The border, which extends 'linnet half-way up the skirt, is wrought in the most rich and beautiful pattern of brattiluti, with flowers: this border is surmounted by a broad finance, so that the flounce, instead of being n the edge, appears in the turd& of the skirt. The corsage is of pink satin, finished I with lacg gammen°, in a chaste and novel style, and the sleeves are trim MW in a oaeresporielent manner. The head-dress consists of a Russian toque of pink satin, surmounted by white feathers, playing ia 'anew dirceuotea. FLECTIOY - OP A REPPENENTATIVE Phil FOR segri..4 ND. Jrt.T A. Yesterday being fixed for the election of a Representative Pea, to sit and vote in Parliament, in roan of the late Marquis of ho. t►ian, the Peers assembled in the Picture Gallery, at Holyrond House. On the Union Roll being called over, there appeared, PRESENT. The FAA of Morton Lord Torpichen Earl of Elgin and Kincardine I lied Nairn. Lord Napier Pill The Earl of Ma Signed lists were produced fro 'hike of Gordon Duke of Montrose Marquis of Queensberry Earl of Moray Earl of Home Earl of Keine _ r, per Lord Nairn. en the following Noblemen, six. Earl of Haddington Kiri of lilaagow Earl of Portnuwe Viscount Arbuthnot Lord Forbes. Dr7.ingliv,one ---- of the Deans 'a the Chapel Royal, opened the proceedings with prayer ; after which Colin Mackenzie, E.g. read the Royal Ptoctamation, dated from Carlton House, 25th May Met, to elect a Peer in the room of William Rimini' of Lothian, deceased • and then produced the Commission to himself and Sir Walter geott, Bart from the Lord Clerk Register, to act for him as his deputies. The Union Roll was then called, when a claim was offered foe the dormant Margunate of Annandale*, and ad mitted by the clerks, subject to all objections competent. The claimant then took his seat among the Peers present, and voted for Lord Napier. Oo the name of the Earl of Mar being called, Lord NAIRN resented a protest against the place in which the name of the Noble Earl stands upon the Roll. Sir Wavr no SCOTT replied, that the name stood in the same place where they found it in the Union Roll. The Protest was received, and entered on the Record. When the ndrne of Lord El!bank was called, it *sit stated that his Lordship bed sent a signed list, but being incorrect in point of form, it could not be admitted. The cloths of allegiance, adjuration, and amoranee, were respec tively administered by Sir M'alter Scott, and taken and signed by the Peers present. The election then proceeded, when the total number of rotes for Lord Napier was found to be IR, viz.: six Peers present, the c.y for the Earl of Mar, by Lord Nairn. and eleven signed William John Lord Napier was accordingly declared to be dialj elected ; and he was returned in the nem' form by the Clerks of &Woo, liming under the Commission from the Lord Clerk Ilm/loter. „. Load Norma then returned thanks to the Peers for the honour they had waren...ll on him. He would, he said, whenever he took his scat among the Peers of the realm, in Parliament assembled, make it his e s t ti i t o p :aintain the dignity and independence of the rea of I"Pun .aa. occasion hk_satiklmet.lia as eat c? plan t fflte took the erty to earn a Noble Baron on his appearance among the Peers of Scotland, as the representative of an ancient and illustrious house. He also felt great satisfaction on seeing in the hand of that Noble man a prosy from a venerable and much respected Noble relative of his own. The restoration of those titles lie hailed with heart felt satisfaction. It was an act of grace on the part of our gracious Monarch, done with that magnanimity which accompanied every let of his reign--an net of justice to the representatives of those Noble families, and of special favour to the whole people of Scot land. Ile trusted those Noblemen who had been re,tored would long lir, to enjoy their hosiours;and hand them down to the latest poeterity. Lord NateN returned thanks to the gallant Lord, in his own name, and in that of those Noblemen who hail been restored to their titles. His Lordship, however, spoke in so low a tone as to be heard only by those persons who happened to be very near him. , ..... Dr. 0 a•rt st closed the election with an apyrnpriate prayer. • Stewart touter Johnstone, Eq. claims the title of Marquis of Annandale, is being descended, in a direct line, from Sir ,tdam Johnstone, from whom the last Marquis was also descended. SHIPPING INTELLIGENCE. FROM LLOYD'S LIST. PLT motrrn, JULY 11.—OW the port, the Circus, I)ean, in 39 days, from Sierra Leone, for London ; left there the John, of Liverpool: she reports that a packet had arrived front the Gold Coast, and that an engagement wag daily expected. Also, the Vyksigt, &hash, from Batavia for lianiburgh ; Wilmington, and Liverpool packet, Briggs, in 25 days from Virginia, fur Bre men. PORTSMOITTII,JuLy 12.—Arrived the Pilchard, Pocock, from Cape Croat Castle, in 311 days, with loss of anchor and cable. Sailed the Mangles. Cogill, for New South Wales. DEAL, Jr I.r 12.—Arrived the Promise, Thuragrovis, from Havannah; Karen Elise, Janson, froin Longsound ; Sophia, Arbo, from Dram; and Crow Etta, ltobcn, from Amsterdam. Came down from the River and remain, with the rest of the out ward-bound, the Sir Charles 614:artily, Friend, for Demerara; Heart of Oak, Robertson, for Quebec ; Resignation, Saunders, for Buenos Ayres; and Scandinavian, Schiellr. for Alicant. GRAVT.ST ND,/ ti L 12.—A nivedthe A rgo, Jackson, from Bour deuux ; Limerick pocket Howard, from Vallanova • Fortner, Ro sindide, from Itio Daphne, Blundell, from Si. AOdero; Mersey, Belmby. from Barhadora; New Union, Shilling, from Dieppe. largaroot.. Jt• LT 11.—Arrived the l'lveratione, Carney, from Savannah ; Margaret,' Creighton, from St. John's, and %William, Thompson, front St. Andrew's, New Brunswick; and the Fairy Queen, —, from Quebec. Gat:et:ova, Jt•t.v B.—Arrived at Port Glasgow on Tuesday, ! the Cecilia, Hepburn, from Demerara—sailed thence 22d flay ; left loading, the Unicorn, ; and Essequibo. Boyd; both for the Clyde, to sail about the kt of June. On the 27th 3lay, in lat. 17. 21. long. 61. 1,. W. spoke the brig William, Wise, of Workington, 311 Well. Ili+ Majesty's ship 141aidstrine, f'ommodore Dollen, arrived at Sierra home the :Id of .sltty. from Portsmouth, and sailed again on the sth, with his Majesty's ship limn. for Cape Coast. His 31..jesty's ship Athol is daily expected at Portsmouth from North America. She has bees absent near four yesrs. and fre quently visited the West Indies. This frigate is built of larch from ' the woods of the hate of Athol, in Scotland, and found to answer well in every respect. It is said she is to be re-commiasioned by Captain Herbert. and fitted fur the Mediterranean. Tile Planet, and Prince Royal, from Smyrna, were at Malta on the 11th June. loss ow Tit 1: SCOTIA. OF PONT lil.A.lool,.—The following particulars of the loss of the Scotia were given by the Mate of that vessel:— " The Scotia, ('apt. I. Davis, sailed from the Hay of ►londuras on the Ist of April. in company with two other vessels (the Zephyr and Glutton), which she parted with on the Bth. On the 29th • heavy sea fell on board the Scotia, carried away her cutwater and stein and rendered her a complete wreck. All hands were imme diately employed at the pumps; hut their allots were soon found to be unavailing. as she became waterlogged and unmanageable. In order to avoid the fury of the waves, which now made a fair breach over the decks, the Captain., his wife, and the crew lin all seventeen , . were obliged to seek for shelter on the tops. into which they succeeded in carrying a quantity of provisions. Here they had not remained long when the storm increasing, the vessel upset, and precipitated ali into the sea. The Captain rind his wife were washed from their hold and lost. The remainder, by great exer tion, made their way to the hull, which shortly &ger righted from the parting of the masts, when they gained the quarter-deck. where they remained, enduring every hardship to which their si tuation exposed them for flee days. flurirg this time their num her was reduced to ten ; some were wished overboard, and others died through their sufferings. (In the of May the wreck was fallen in with by the Saguenay. Every exertion was used by the Master arid crew of this vessel to feller; them from their p..inlous state; but owing to the severity of the weather, and the imminent danger of their own vessel fallirg on board the wreck. thi.r could only succeed in rescuing four, the Mate and there of Mr hands. These men speak in the stoniest terms of the kind attention and gentlemanly conduct they experienced from Captain Hall. %%hen the Saguenay parted from the wreck on:y two men remained.— Quebec Gas.-:k.- F 1 + 1 .. *)- 1 • i 1 ' . 7.4 Tr. 1 NTELLIGISIVCR, i. - • COURT OF CHA NCERY, Tuosne e, Joe?. 11 • 1 A junior Couple] moved, after his Lordship's eetTa. Or int* . i court, that a person then in Court, a wl.cne m the cuetoey of the Marshal, may he committed to the Warden lithe Fleet. e Motion granted. OPERA HOUSE. be Evens Awn .arwaneetz. . Mr. I/ Ait 4 requested his Lordeliip's per m iseino es brew a woke take cninniteed by hie client, in the inoertinn of a ease et the paper of motions. Mr. Ilint's cliert had a manor; to he mail: a ratively to timeranseetiene 1 4 a theatre (the Opera Howe). having been concerned in the Corentrgarden ease. he had oat Waimea au full of it, that when intending to Insert Ebere 1. BetrelU and the i Maumee. df Menthe& be uncorscioualv intoned Cease le Harris. Mr. Ilan. requested his Laordship's leave to substitute the former / for the letter. ' . . this Lordship end net pern , ieslon. Mr. SHAD% I. 1.1. said that i• appeared to be understood that the case of foist and Harris wee doomed of. This was mat the fait t it had l‘-er., argued, but judgment was not yet given. . • I Mr. JI EA 1.11 was about to make some remarks on lb* row rep- n bel l t i fibhn t le h iu g e rLedr , 7 :;:r i i. , : ( ll la n i A s i c i iN dl 7 : l, 7 - IL: l" o " w rtseq hl l::u t h i erme ren is s—P9seh tne of as t ehd he:i 2rei linem dmi delble idi iesissiilleid. I so ill, that it was 10 be feared there was no chance I • i to rerume his ortietel duties this sea Son. The ebonies W He. 1 1 nour would give rise to some further regulation in the of k ' transacting business. Mr. HE!: is suggested the propriety of appointing doe Malta of the Rolla to manaset the morning bt;siness. ' The Lo a C i Lee< t.i.t.onMas Rah:, he had been thimbles ci mit t plan :he sho u ld see the ter of the Rolls today, Med come ild the affair with him. 8.) Itaßatn eon wear. ceihdaecnicetriorice3b:itrn:w.trilttiedsh.eidanhdi3ciinsit.titaionisifilwiiiticati)eit:stseniepa:!liisninfai ct i pinin c luiles a ,on n: n f sshi reeti li v 7 clF elud ir willi h n h: . de li . . , , livered to ,1 TICE. . 1 CHANCELLOR. A long Est e.motions is put op to the Hail, aeonalles he their ;* `Maned dant, d ia ow i n hi rdte m iresent sosa jnonth, a the . copy of chick liii_ kali . _ de. . Mr. HEALD wished to be informed by )tit ler IshiP ,a t I really meant by thi- li st . its t h ere were motione of vast im p s 1 : / . ' agata:elH:reniesubillnlote4tinnynncu'oems'ul'irlilillihbelhadreLtistiXedun:ellhianre:Fistvo H alls o rmi"derabyta no tase ur of :a l i fess fel itl i mA r i tothel :sPcisinilltirtl:rl y i°Dtl.- . . -. to say he had found him very i/l, so much to, that ha is •0' • a • shim was afraid we should not see him at Linadn'e Inn Isla season, and whi c h wo u ld o bl ige hi s L or d sh i p to reconsider what 1 s. to be done with m o ti ons • and pet?"' some of the Oettiallten - , v , tne Bar would be so go od as to assist In that coasidarafion. P* hips it wnuld be prudent to came to nothing decisive tesprclh them, until his Lordship had consulted with his Hemmer upon . . them, which he would do today if posoible. , —....--- * i • COURT OF KING ' S BENCH , TutabaY, Jim* , It i ' ' Sitilsgs Is Irrstaasteter qfterrrlalt, 1 rerwa ) letfure the Loafs CHILE' JUSTICE and a LOOtatoie wry. i , ,--- , IDVNX v. sittw. Thin was an action by the plaintiff; a millt.theri, against the defendant, an auctioneer and appraiser in Heili.Holhorn, foe the sum of ,el. 31. 3d. charged for twelve months milk. This eetion was conducted by Metiers. Harreatt and Plan, ard s 1 i defended by .!deists. Chitty and another Gentleman, whose namel , we did not learn. Evidence w a i g i ven to prove that Mr. Shyw and his finely had left London. and that the milk was supplied to a person who had charge of the house, and epos that person's credit. When the Lord Chief Justice was shoot to state ;be 'nesting fit the ronsiddation of the Jury, th e F or etttan stood is la and said II were of opinion there was OP defence. The 1.0110 Cuitr JrsT tcr-1 euite agree with you. 1 Verdict for the ylaintiff—Damages 5L 3s. 3d. This notable cause occupied the Court foram hour sad a half, et. eeptine a few minutes, during which his lordship gate audience to Sir William Curtis. p COURT OF C0M31075 1111 47A5, Trgshat, hat 11 . " )- i Drforc the Coier Jurricr dad a Specie: Jary. 1" 4 ilts soafirts (essiceme) r. werre. This was an action of trov_ ,er brought by the plaintiff, id the assignee of a bankrupt named Baker who hall married on the lune, nets of a tallow-cheadler, against the defendant, for withholding certain property at the bankrupt from the plaintiff in his opacity • of assignee. The pleadings being opened, i • 4 fur. Sergeant WILDE stated the plaintiff's rate, and latinfleit the July that the bankrupt Baker, and the el fondant were cousins. ii • • On the 3lth April, lIM, the defendant put an execution into the bankrupt's hbuse in Foley-street, under a warrant of anon -/ On • hi .aba3llala.altisaho blimbrapeweat ?orison, eittlhon the Illth - letly 4, commisaalen of bankruptcy was used agathet him. The act el MI ' 6 bankruptcy was the lying in prima for two months . He shotdd prove ma criaence that after the execution was put into the bank. rupt's house, until the time of his going to prison, he was conduct- . . tl 4 ing the business as he had previously done, and the creditors were not aware of the circumstance; and he should also prove that his t .f- • name stood at the Excise O ffi ce as the proprietor of the . i premise'. The bill of sale was then o ff er ed to h e p ut i n b e M t. Sergeant . ! Wilde, for 4831. from the tankrupt to the defendant. • 1 • Mr. Sergeant PELL, for the defer, e. submitted that an tenon of Dover could not be maintained without a demand was made. and there was a refusal of that demand ; and referred his Lordship to ' 11 '. the case of " Nixon and Jenkins," the 2d volume of Henry Black. stone, page 13.3. ' t The CHIEF Jr*STICIC OVell'uled the objection, upon the emend that in the case referred to the proper.y had been transferred from the premises. In the present case it remained, and was seed as it had been when possessed by the bankrupt, and therefore the de- mand was not necessary. ' 31r. PoLLoce, who was whh Mr. Sergeant Wilde. then can't! J Henry Seewane the clerk to the plaintiff's attorney, who produced . • the commission of bankruptcy against Baker. .. . . Thomas Bull, clerk to the p e titi on i ng creditor, deposed, that his • .e i '' dealings commenc e d w i t h t h e b an k rupt i n 1822; and in Maesit 1023. the account amounted to 100/. against Baker. Witness re. pettedly called for payment. but did not obtain it. 'l I William Hewitt, the clerk to the Clerk of the Papers of the • King's Bench l'rison, proved that the bankrupt Vasa prisoner for 1 debt front the 30th May, Ithl3, to the ?resent time. il .. Thome!. Brett, an assistant to a Sheriff's Officer. was employee • to keep possession of the bankrupt's prop e rty or the 30th April, 1 in consequence of the execution 'cried at the mit of Mr. Wane. t He then saw the bankrupt and Watts at th e s h o p ; h e did net sell sleep at goods. the house, but left the possession to the broker who was to i • the . 1 Thomas Ma:theirs was in the employ of Mr. L ew i s . a g r o c e r , who had dealings with the bankrupt ; he went take to the shop in May. and each time saw Baksr behind a counter, and serving in the shop. I • Rohm Wilkie Sewell. the Collector of the Excise Duties in the • i l l •lk Foley-street Divisliin, where the bankrupt's shoe was eituated i . proved. • that on the sth of May, and also on the oth , he charged t the banknpo tit al) the duty, as he did up to the 4th of October. e • i Henry Ilinicomle an Oflicer of the Excise. proved that its t 1 ' one was known in the office as the proprietor of the premises in , • -• Feley-street but Baker. Mr. Sergeant PELT. (with whom was Mr. Sergeant flosanmeet I t ' t .* I contended that the debt between the hank:mit and defendant woo a + . boon fide debt, that hail existed long before the barlmoptcy. l In support of this. Mr. Sergeant floss Y Ctt• ET called Elisabeth Baker, the mother of the bankrupt. She lodged in the • . i I 'll house with her eon, but when he went to prison she paid Mr. Wane rent for her apartnwat. She had lent her son LW,. which had sine been repaid by Watts, he having guaranteed to do so. Defendant . , was a telaere of the bankrupt. • Mr. John Wheatstone, the defenclanCi attorney, received in.. stnictions to prepare a warrant of attorney from Baker to Watts, in . , '. . , , 3lareh 1,21. At that time Baker told the eitneee that he owed h• Watts 200 e., and Ise was going to lend him then 3001 . 3001 . more. Tice 1 .• i ?, warrant of attorney then produced was the same that he had pee- • pared. 1 . William Baker. the bankrupt. stated that previous to Hanle, 1821, Watts had lent him money. and there waa 500/. unpaid when b the execution was put in ; when the execution took plate %niter, witness's apprentice, conducted the business in Foley-street, for • - Watts. I James Silliter, Ilakes's apprentice, was employed by Mr. Warts • . to conduct the business the day after the extradite came ht. He 1 demanded his indentures, which were given to bias on the Ist of May. transactedllr.Baker_ not bus iness took sinessir the. sb n p Mot a by wit. Ile.* I direc ti ons, a f ter the execu tion pl ace all the creditors of the business having become Mr. ram's. whom 4 :1 , ler had seen. He had asked it sea tay. , tlC of one of the OffierTl of excise to allow them to work up the team, on the premises is the Tune of Baker, which he had consented to. ' • ' • In his mosa.exemination• he admitted that he kept the hankrepe. - , 1 his wit,„ two children. and his mother, out of the money in the tale i (rose the 311th of April to the 30th of May, the day this bankrupt 1 i ' went to prison. It . t; H it e j mi s s t i e s l;era act il l:t i s i i n7 i t n ei s :a h f w e ter s . s tior w s a t rd:s er ir w . l e res t e m t k u. t r o r's tl i w ie l h e s el im7Lan e :d esu n al u t w i al sm a ci r elliss s io rou eral °•. od n. • ' ' \ ' I Hallett Slater had known Watts sereral rears; in mt. Intone paid Watts 1.31110/. for houses he had purchised of him. William Watts, the brother of the defendant, remembered Na • brother lending Baker 300/. in March lite.l. l , ' 'l l 1 the even. II tint came in he was dieeliareed from his s trietert i cie sn h: l isr dt si t . I i i 1 , plowed by the job by Mr. silliter. who "In .. of ien A. !i iiri. h aSch in t v ih nl ia el hr i ot . l :n et hat.Pa'hStihiiiiteiipic!twyested•;°wlnuillieCtritelilltbe-sistithrs.e74l:Blll.4ll:einaghilmoftihanhCiSm. tsestrld n Grove., the ban k rupt ' s porter. 11 Several other witnesses were . creditors caa of the bankrupt, and had seen Silliter conducting tbe bust- e tem ht . s . be h er is l r ii . t cs he S pe il o li pel' i ty ll in e i f l a u t es her tio o n f eal t of h l e ed " r e fr . . ho l l f l a rm, ce rt; l ea ' f n o: r t 3ll: t h . n , t ri k t g gelss .we llw. mos since the 11th April, I ttell. The Poorer Jraricr, in his summing up. stated la dim • Jury, that this was an action brought under the statute of Jame I. I • i ' I • i i • r . ; . I Mau!! t h a t aft" l'illifb the 21.6