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rag.. We. (lie • who Ge. 'Cu. bed Oct, ex rt.. C'. U 3 rg. 110 ,m -per the in). the ver t of Lod ten the of me ry, :er re, :eh rl Q [lt. Ad g. LAW Lvrritid tk cEs COURT OF Cll ANCEIIY, Nov ell. 141JA lei b. lacceror.o. This was a petition on the pert of the Plaintiff; to enmeel William BecktOrd, Esq. to give an ac count of the profits and proceeds of two estates in the Island of Je:naica, of which he was the mort gagee. It appeared from the pleadings, which • lasted a considerthie time, that the Defendant had b een , for meny ye tie, in possession of those estates; and, notwithstanding a decree made Against him, to produce his accounts, and shew whether any thing remaincd due to him on his mortgage, or net, had, t eroegli the nt g!oa of himselr, or his agents, omit ted :o render any such account. The LORD CH VCIA.LOII sat„ that if he could• aft on that Bench in the same manner as he would do cut cf . that Court, or in private life, he should say, that nothing was more jest than thet the mon- . gagee of an estate had a right to give the mot tgager a stril account of the proceeds, nr whether there was any debt remaining due to him or not ; hut Courts of du. tice were very wisely bound by rules of pralice, Gout which they must not deviate. A mo• tgege contral was of such r nature, that he had not the power of putting any other construttion uplq it, but what was imported by the terms. As W l Oll as the centraa Was madc, the mortgagee had 4 right to receive me ptefits, to expend money upon last ing improvements of the estate, and to charge in terest upon the sums thus necessarily employed. He was bound also 0.) give the mortgager en ac count of what he received, and what rentaieed owing to him; but to compel him to do .su, proper steps should he taken. If tee best measures had been pur sued, this cause might have terminated long since; but it was not the fault of the Court of Chancery, if pectic., from negleA of right measures, placed themselves at die:advent eee ley a former decree of the Court, the Plaintiff was entitled to compel Mr. Beckford to answer interrogatories, which he most have done at the hazard of his personal libsrty. Wris .were rot these iateriogetottes put to him ? It the Plaintiff, or his advisers, negleete.l the reveler I nurse of proceeding, he was nut to execet the Court of Chancery to deviate from the estahlisiked rules of its pthetice ; for which reason he would dismiss the petition, but negative the application, that it should be dismissed with costs. COURT OF ZING'S ELNCII, —PRAT, Nov Co. Ynßft ItACFS. Calanel Moat:rola and Mr. FLINT. Mr. Cha Ream applied to the Court for leave to file a Criminal information against Thomas Flint, Esq. fer scandalous conduit, in abesing and as saulting Colonel Thornton, a gentleman of high rank and fortune, on whose behalf he made this ap plication ; and upon a disclosure of the case, he lead no doubt but the Court weuld rent the rule, if it wit re only as an ex impie to people resorting to places of peblic amusement, to skew them they were not to be made like hear-gareens, the scene of riot and .disorder. The affidavit; on which the Learned Coun sel grounded this motion, he setted, were of consider ehle length, and disclosed a greet variety of feels ; eat it was rot necessary for him to take up the wet. of the Court, in going through theta at any giver length. Colonel Thornton WAS a gentleman wi.ll known on the turf, and was informed, that Mrs. iiiirntoa, his wife, had made a bet of 3')') guineas with Mr. Flint, to ride against h m ; considering it a jest, he did not at tint give any credit to the inti mation ; but, finding it was a serious wager, he, in the end, adopted it as such. After this, a nominal het of 1,000 emineas was made between these two ate -I-Airmen ( which is a comrivrt cavern among gentlemen who are in the praetee oil frequenting the race course, in order to attrae tell atteietance), and after the busiaese of the rata was over, Mr. !quit insisted upon the payment of .his nontseel wager of the 1,000 guineas, as well as the 500, which Colonel 'Thornton refused... Some semen. striances by letter followed between the parties, and Mr. Flint, having received one from Colonel Thora ton, returned it liniment., endorsing on the cover, "no answer." Several other letters were treated in the sane way, and Colonel Thornton returned the compliment, by tending Mr. Flint's letters back tortoperoest ; and the latter gentleman, finding his letters uniformly returned on this way, upon the lith of August lest, procured a Sheriff's nfE.:er, threngh the medium of his Attorney, to deliver a letter to the Colonel. inclosed in one tr..m the Attor ney. on the subjeff of the wager, the former couched neatly in the following teems:— " C'JI,ONCI. 'I 1 lilltNTON•ewSlß—After the nummria whica I hay , : al4resecd to you, euncoraiug the bet nt 1.400 Gat:tees, anti Cos meaner in riritten I have been owa:sl, I glove inform 'QUI, I will take the SA.IOO 116etivd which Captain Caulfield did, ea the uctta method of Cc, ,ned Maces, to en force it. corhplettuo ; and, as taiuStliug the shore, I pleJs • say Itnts....r." This letter, the Learned Counsel observed, thus written, to vilify and defame the Colonel's chef aZter, was read by Mr. Ireland, a friend of Colonel net n• ton's, and teturned. Mr. Flint had prepared many copies of this letter, which he then had peers! up, in different parts of the race course. The York Meeting eommecced on the Vd ; and, while Colonel Thornton was standing at the great stand post, sur rounded by a lumber of ladies, Mr. Flint came top to him, and said— Colonel Thornton, I wish you to go nut with ate," to which the Colonel :answered, " You know I have refetred you to my Attorney, as you referred me to your's; as no answer has been given to my. letters, you have precluded me from having any communication with yon." Mr. Flan tfien replied, " you arc a scouniliel and a coward," and instantly commenced a furious at tack with his I.lo,4i—whip, upon the shoulders of the Colonel, laying about him with so much violence, that some of the ladies present came in for snacks, and were much injured. They were both imme diately apprehended by the Magistrates, and bound over to keep the peace towards each other. It turth,ir stated in these abidavits, in order to Owls.. that this aEI of Mr. Flint', was cot the im pulse of the moment, or of a sudden rcseiitmect, but a settle.i rre.ntalitated intention, to vilify and de fame, and personally to insult and injure Colons.' , 71711nrinea. that Mr. Flint had previously gone vs a • thOP• io tie City'ot York, and, havinit ssked fir whip, °lleac(' to it, saying, " this wo'n't do. I it.ist have a heavier and stranger, as 1 want to beat • - ;Mane) lhoraton with h." F i e* ibis °fence, he trusted the Court would kraut the Rule. Lo.d ELLVINOROUOII.--." What Is Mr. Flint is he in the condition And task in life of a gentle- mac, or *hat e' Mr. G A 0 yes, my Lnrd, be is a gentle. man ; he is 'tiled Thomas Flint, Esq." Lotto EateetiorrouGn.-4 4 Take ; Rule to shew cause." Mr Serjeant Vaunt' AN also made a similar ap plication for a criminal information against Messrs. mner, Persons, and other Gentlemen, Magistrates of the County of Lincoln, for an abuse of their au thority in the false imprisonment of the person on whose behalf he moved, a Mr. I)ellion. Articles of the peace were eshihited before them Magistrates against Mr. Dellion, by a man of the name of Sculihorp, and a warrant issued for the parties to appear before them. The Complainant, ace°, ditily, appeared, with his bail, who were then approved of by the Magistrates, who advised them to enter into recognizan:es ; but*, upon their prepar ing to do so, the Magistrates rejeted them altoge. ther ; refused to take any bail, and the Complain ant was committed to prison, with stria injundi ons on the gaoler, not to allow him either pen, ink, or paper, or even to suffer any of his friends ad mission to him ; and thus he remained, from the month of November till the 18th of Jely following, when he was liberated upon the recognizance of one of the same persons who had attended as his bail at the cammmcemeot of the business. Notice had been served nis the Magistrates in the usual way. Comsr—" Take a Rule to shew cause." THE MHO r. 10.011ERT MACH, ESQ. The judgment of the Court being prayed for against the Defeudent, fur an assault upon the Earl Of Darnley, Mr. Ana H rose, and observed to the Court, that he understood it had been agreed between the par ties, that that gentleman was not intended to be brouglit up for judgment this terns ; however, be was then in attendance on the Court, and ready to receive their Lordships' jodg:nent. Mr. GA meow answered,tlsat it was with very great regret Lord Darnley had been obliged to proisecute this gentleman, nor did he now s--k the sentence of tOe Court umin him, but was sAti,hei.l, for the pie sent, that he should enter into recognizance for his a:op..arance, to receive the Judgmeut of the Court at a future day. This proposition being acceded to.the Defendant, Bligh, entered into recognizance of 5001. him se'f. and two sureties, the Eail of Conyngliam and William Dennison, Esq. in 25111. eaco, for his ap pearance the first day of nest Term. THE KING , e. TIIE SEV. THOMAS eititsrtv. Mr. %%. itoson moved the judgment of t:,e Court against this Rev. Gentleman. Mr. 14:not:me, for the Defendant, stated, that he was a respen able Clergy man, upwards of 70 years of are, and had been coilvAed of a lioel, contained in a letter written to the Executors of a gentleman of the name of &unman, upon a subje&, i• which be was materially concerned, and much irritated : and when the fias were iliiclosed to their Lordships, he ti usted they would have great weight with the t2ciiirt. The Affidavits, however, were very long, and it would not only take some time to state them, bin, as the opposite party should have time to an swer them, he conceived the ends of juvice would he equal:) , weil attained, if the business stood over for souse time. Mr. WILSON, fnr the Proseentinn, had no marc• rial obj , celi , n to this proposition ; and as the De fendant was a Revereid Clergyman, and no likeli hood of his evading the justice of the Court, he did not press his cnransitmert. The Defendant accordingly entered into recogni zanc'- for his appearance next 'Ferro, in the penalty of :e.noi. Till RING R. RICHARD IBADHASI THORNHILL. ESQ. Upon Motion of Mr. Jce v t., the Defendant in this Case was brought up for Judgment. He was convicted on the last Assizes in Bridge water, for the county of Somerset, before Mr. Ba ron GAAHAM, or sending a letter to the Prosecutor, Thomas Summer Chempney, Esq. with intent to provoke him to figla a duel. The affidavits of the Defendant, stated that he was Captain and Adjutant in the East Mendip Vo lunteer Cavalry And Infantry, consisting of about too men. He had gone upon the manor of the Prosecutor to shoot game,. when he was met by one William Corner, the game-keeper, who accosted him with ff D—n you, you are a d—d rascally Adutant, and I'll get Mr. Champney to write to the Duke of York to have you dismissed." Upon which the Defendant, in a moment of irritation, wrote the letter in question to the Prosecutor. He expressed his contrition and sorrow at having writ ten it, and since offered to make every atonement in hi. power, by apologising in the fullest manner. This was refused by the Prosecutor. A letter had been sent to the Commander in Chief, by Colonel Homer, commanding the Volunteers which he be longed to, refleaing, as he understood, upon his conduit. Sir John Keen, of Bath, Bart. and James An thony Wickham, Esq. had also made affidavits on behalf of the Defendant, stating, that terms of ac commodation were proposed to, and refused by the Prosecutor. On the part of the prosecution, William Corner had %worn, that on the 29th of November, 1804. he was on the manor belonging to Mr. Thomas Summer Chtunpoeys, in Somersetshire, when he observed Benjamin Richardson. a clergyman, who had fiequently before trespassed on the grounds, in company with the Defendant, when he, being the gaine-keeper, desired to see their certificate., or by what authority they came on this manor ; when the Defendant abused him, :Ind put his gun in a mena cing manner to his sl.oulder, swearing he would shoot hint, &c. Mr. Champney's affidavit stated, that having been informed, that the Defenekent used to go upon his grounds, he wrote to him upon the subjea ; when the former answered, that he never would do so any more. l'he transaction above-mentioned, afterwards took place, when the Defendant wrote to him the letter in question, abusing him grossly, And insinuating a challenge to provoke him to tight 4 duel. !Mears. ERSLINR. JLKYL. and PELL, were beard at same length on behalf of the Defendant, and pressed the offer of accommodation made by ha . . prittions to the teal, Otid sinFe his eons * ittinis, in mi tigation,Of punishment. Mr. lerjeant Lerai, Mr. Naw.3l,T. and Mr. Co rfoN, on the part of the prosecution. urged the necessity of making an example of this Gentleman, by an exemplary punishment ; being guilty of an improper aft, he wrote a letter to provoke a per sonal quarrel between him and the Prosecutor ; and when he found he had gone too far, he offer.d an apology, just at the moment he was Abnut to be brought up for judgment; being only proposed a few days ago, after be had been informed be was to he brought up. Mr. Justice Game, in pronouncing the judgment afthl Court. observer!, that the Defendant had been guilty •.1 a very high offence; the Prosecutor had treated him like a geintleman, in return for which he had written to him a letter, not only containing a challenge, hut a very bad libel. The time to make Atonement for this offence, was the following more ing, at which period he might have had full leisure to refit:et upon the impropriety of his condo& It was to be lamented, that Gentlemen who were fond of sporting, as he supposed the Defend Int to be, would not always follow the golden ruie, in do;ng as they would be done by. The present case admitted of no extenuation whatever, and taking all the cir cumstances into consideration, for the safety of the Prosecutor, and to preserve the public peace, the Couri a ordered that the Defendant should pay a fine of 501. remain in the custody of the Marshal of the Marthalsea, for three calendar months, and enter into security of 50 01. to keep the peace fur three years. GEDDES O. THE ROYAL EXCHANGE ASSURANCE CON. !ANY. Mr, Eames applied to pot eff the trial in this case, and for a Commission to examine Witnesses in Scotland. This was an anion upon a Policy of Insurance, which the Plaintiff (who was a Scotchmanj held in right of his wife. By the will of the late husband of the Plaintiff's wife, she was precluded f•ons man y ing a Scotchman, or the son of any parents born in that part of Great Br itain, called Scotland ; and so apprehensive was the deceased, that either his wife or daughter would be married to a Sciachn•an, he ordered, in that case, his pre;serty should be other wise disposed of, as his will directed. The birth of the Plaintiff could be proved by all the persons who knew him ; but, when applied t s, they onanimonly refused 'o make affidavits in the Cathie. A snit had bten instituted in Chancery, and it was highly ne cessary to have the depositions of those persons, be tore the cause was tried, or the Bill answered. Coe a r.--" Take a Rule to slim cause." JUIN:Mt:NTS. VIC ICISG v. 1110hi5S MILVAN. The Defendant, who had been an Officer of Ex cise, was convided of making false returns, and feigned affidavits, upon the salt duties, and for taking bribes, for so doing, from fish-curers, at Fis.hgeard. its Carmarthenshire. This case we have already noticed in our Paper of the 15th ir.st. After some very severe animadversions upon the nature of his offence, by Mr. Justice Goose, which the Learned Judge observed, was a crime of the highest nature against the Revenue laws, and, in its consequences, the most detrimental to the fair col ts:Rion of the Taxes, be was sentenced to twelve months imprisonment in the gaol of Hereford, and to s:and once its the pillory, within that period, upon a market day. ' TUC KANO V. RICK SAD ILCSIF.Us JAMES RAIDDAR, and BKIIJ/1.11/T4 RAUDAC. These Defend tuts, who were all Volunteers, at Rodmin, in Cornwall, were also brought up for judgment, having been convicted of a violent riot and assault, against a Lieutenant of the Navy, and some Mat ines, who came to seek a deserter, as mez tioued particularly in our Paper of Thursday last. Mr. Justice Gaon observed, that this was a Very violent and outrageous riot against persons annoriied by law, to perform a very necessary ser vice in the time of war, that of recovering a de serter. These Defendants, wins had been esnrusted with arms in their hands for the defence of their country, should have been the last to vitiate the laws of it. He hoped, that none of those..balls which whistled over the heads of the flying officer and his men had been aimed at them, fur, in case of :env of them being. killed, it was tit that all con cerned shoals' know, tlialt - hey would all be equally guilty of murder. The temper and moderation of the pis ty thus attacked was highly commendable, :.a I (;9d only knew what might have bees the con sequence bad c'bey aded otherwise. Avila( cases of. the Defendants were distinguish aisle, Linens having taken the most active part in the begin's-, the Court ordered, that he should be imp. isoned in the common gaol for the county of C0m'....a11, for the 'Mee of two years, and the other Defendants, fur sme year each. COURT OF tOMNtoI PLEAS, Nov. PS, . LUDLOW Li.lllll, JAMES COCILIORIS. Oil a former day, Serjeant BEsr, on the part of the Defendant, obtaiaed a rule to slaw cause why the Plaintiff should not pry the costs of the aftiost. he having arrested the Defendant, and obliged hint to put in bail for more money than was aOuolly. due. This day Serjeant Suteectio, for the Plaintiff. appeared to show cause to the rule. It appeared from the affidavit of Sir James Cockburn, that the Plaintiff, who was a boot maker, had made boots for him to the amount of 1 5.. 6J. and that he had arrested him withwut vending in his bill, or making any demand, obliging him to put in bail for 01. He accordingly ordered his Attorney to take defence to the &Rion. and to lodge 151. 15s. 6d. to Court, as the amount of memory due by him. Before the trial, the Ploiotiff drew this money out of Court, and served the Defendant with notice to tax costs. Serjeant Best., therefore. grounded his motion on the Art of Parliament. which stated, that every person who arrested another for a greater sum than was due, should be subjea to the costs of the ac tion, unless% good cause were shewn for the pro ceeding. lire affidovits on the part of the Plaintiff stated, that the Defendant, being in the habit of dealing with him, hod got boots from him to the amount of 151. Iss. 6.1. as stated in his affiJavit. One Jay. a Mr. Feiguson, a Lieutenant on board the V 'Neu. • time to Ms shop, Ad Ofdereil a pail. Q% feint.; himself, but desired them to be pieced - count of Sii James Cockburn. Tlse first riffssed to make the boots withoo. an cif.der • from Sir James, but Mr. Fergus in i dornirog hiss he should have an order on derkveri,T, the b•a'tsi they were made accordingly, and sent in e CofF:e.nouse ; but Mr. Fergusoa not having ;no. cured the order, the boots were tot left. A 1: et days after this, the Rev. Wiiiistrn,Coekbtiru. bro ther to the Defendant, aled at the 1 1. 1.1;116ff 's shop, and was in the greatest pas .ion that the. boots • mere not sent to Mr. Fergus ,n ; desiring-, alt Means. that they should h; delivered to hiia, sr hick was accordingly done. Another day, Sir la.nes'a servant, who always had autborify to order hoot , . ' came to his shop, and had a pair tor hiorwlf ; and these two pair of boots it was that raisci the bill from 151. 15s. 6d. to r?.01. With rc•peEt to she charge of no demand li-Usg 1114:1V for the money, that was positively denied. From these affidavits, Serjeant Sue Pilt111) ar•roe'i that the rule should be discharged, as he truster Court would be of opinion he had %hewn sufficient cause for arresting the Defendant for the 01. Mr. Justice Roo E, Sir JA tars hl )(sr Yr.° being absent, expressed the opiaion of the Court, which coincided with that of Seijeant STILIPHiptu, and Sec jrAnt Boss's rule was discharged. _ MOP POLICE►. GUILDHALL. Yesterday Aim. EelIU and C.etba,nor were charged before Sir W•TILIN Lewis, the first time he sat as Alderman, since he !Acme leather of the City, with decoying from her friends, a beeutiful girl. a(sont 13 years of ege. From the statemernent of Mr. Manning, who was Accompanied by his Solicitor, it appeared, that the prisoner Flindall had lived, for some time, as a servant at his house ; that, on f rii ay list. she had been discharged from his service, and had pre vailed on the young lady in question, who was his wife's sister, to pack up her clothes, :and go along with her : that, after much Anxiety and difficulty, he . found her at the hotter of the prisoner, Evans, near Thames-:trees. There were also several other }tongs girls, who, she said, were servants out of place. 'Plc young lady stated, that the prisoner, when in Mr. Manning', service, had often soarited lee to run away, and promised t s get her a places.- uurse a child, where ihe would have both Blarney and clothes. The Prisoners, in their defe .ce, stated,, that they did not wish the young lady to western against her inclination, and that her clothes were nee. Sir WATK IN Lewis said, it was well for them they were so, and that the friends of she young lady had found her so soon, and without in jury. Ile threatened to send them to the House of Correßion, but dismissed them with a severe repri mand. Yesterday, one of the Colletors of the City tolls applied to Sir WATKIN Lewis, the Sitting Alder man, for a summons to. bring up a respeeteble • keeper in Wood -street, Cheapside, who had re fused to pay toll fur a stage-waggon, at the Hol born inlet to the City. The Coileetor complained, that the toll he'd been frequently resisted, by per sons who pretended they could not legally be cons 'pelted to pay ; he therefore requested that she claim of the City might be fairly decided l.y a Magiscrete •l'tie A ens. ast AN observed, he bad no ambority to enforce the payment of tolls, and he direeted the Collector to apply to the City Solicitor, woo would pat him in tile way at recovering the toll by a civil process. The Princes Rona?, of ge guns, Captain C. Rav- Note's, now in Cawsand Bay, has been most cu riously painted, froni the gun-whale to the water line, in streaks of black, that she looks like what the seamen term a sea zebra. The time allowed for receiving claims from tilese cities, towey, boroughs, &c. in Ireland, f. r corntau sa-'on for the loss : which they sustained in conse quence of the Union, by ceasing to send Members tseitarliement. &c. as also of persons whose official salat ies were discontinued or diminished thereby, will expire on the last day of the present year. At Methley Park, the seat of Earl Messtorouol l L;etateCol. Commandant of the Pontefrad Volun teer lntantry, on Thursday last, the 121st of Nov. was shot for, by Lord POLLINGTON'S Company. in the said corps, a handsome silver cup, At gift of his Lordship, their Captain, which was won by Was. HARI:LT, of Castleford Pottery. After which. his , Lordship treated his company with an excellent din ner, and the day was passed with she greatest con viviality. Saturday night, a further respite of 14 days, was • sent to Navigate, for .I.An Iltureum, nuw under sen tence of death, for forgery, to be computed from the rep:ration of his former respite. ON Saturday morning Fast, between the hours of one and two o'clock, the paper-mill of Mr. SCOT r, near Wycomb, Bucks. was burned to the ground ; also the adjoining flour-mills of Mr. BA•Tniii. • The-e was no part of the prfiperty saved. On Saturday seennight, in consequence of a ge neral illumination which took place at Ewelnw, in Oxfordshire. part of the house of the Rev. Mr. HAUL relight fire; the flames spread so rapidly that they soon reached the tower of the church ad join Me. which was much damaged ; but, we are _happy to say. that, owing to the timely exertions %of the ,volunteers of that place, it was extinguisheet without further damage. Tuesday, a duel Kai fought at Falmeuth. be tween Lieutenant Russ, of the Oci4sotie gun-brig, and Mr. &urine, the Suh-lieutenant of the same vessel, in which Lent. Rosa received si wound in the hand, which rendered amputation necessary. It we-. performed on beard the Tromp prison-ship. The Surgeon and Clerk of the gun-bee attended as seconds. The senior officer of His Mes Est.% 's ships in the harbour. has put them all under arrest. On Saturday. as Fir. MAUTIN V•N HltcNttt W is passing along Holborn, he was rudely accosted by a Recruir'ng '....erjeant, who, after making meet impertinent obsereations, seized biro by the heard. The DeCter. enraged at this outrage on his persou, gave the offender in charge of a constable. and he se i; risen to Ikdarlb stooge-street o:fice. The as sault was established, and the Complainant stated that be would teener forgive a highwaymen. then be that insulted ; bat he suffered the Defeadaate be set at libelee, on paying a sum of money to then eus.All I