The British Press; or, Morning Literary Advertiser. — London, England, 1824-11-30 00:00:00

/ : •AST INDIA SHIPPING. The East bor., Company's outward-bound ship Princes ha, a rrived in Aujeer Roads the eth of August. Tits „ w s awl Orwell also were in Attica Roads on the 10th AAgus'. Arrlods at . il irir—The Marquis Bundy, Fraser, from u d o n, on ilt... 11th of August ; and the Hope, from i vy, on the tth of August, and sailed on the itla for pills Jrrirals a t Sierpore--The Pluenix, Clare, and Am ,yna, Waddell. from New South Wales, an thr 3d of ill; and the Caroline, Harris, from Batavia and Lon ,. o n the I sth July. !k„iaof—'l'he Nourmahal, Scott, was expected to f r om Singapore for London the '27th of July. The li n e, llatria, recently arrived from London, when .l e d. was expected to be condemned and sold. sti f f at Radvia, Aug. 10.—Friendship, Creume, and ,li s , Ven, for Amsterdam ; Thalia, Brandlight, and matte, t;orb, destination not fixed ; Rosanna and In- English ; Marie, Moe'. and Baninn, Americans; Aimee, Portuguese ; and Ilerondelle, French 1 Ig. ..0,401 al Ilanthurgi—The Sophia, Spledt, (ruin Bs arrived at Hamburgh the 22t1 instant. --- SIIIPPING INTELLIGENCE. FROM LLOYD'S LIST. rrszAcr., Nov. 27.—Nothing yet found from the wreck of ..b o wler that will lead to her name; on some of her soils up are marked, Petherbridge, sailmaker, Dartmouth," on May, sailnuiker, Witham." T 11. Nov. 17.--Arrival yesterday the Mary, 'forma, an, in eight days ('aledooia, Laing, from the Downs, :oast Castle • and Enn, Allen. from diets. The whole tward.haund . have sailed except the following, Rambler, Good Agreement, Diana, Rolla, Desire, et Friendahip. wind haring backed to the southward and dirty, several veuels have bore up and anchored again. .. fresh breezes. retie nn. Nov. 27.—Arrived the Ariel. BuseU, from "out Glade—soiled 9th August, and from Amu. :rdtli ditto: io, Tutee, from Guernsey. lyff the prat the Demerara Venable., from 1/enientra. with her mainmast sarong; ilaegar, loom New York for Bremen. Sailed the Wel. ,Irvitran, for Jamaica ; Barefoot. I.vinieztene, for Sion' Venus, Cook, fur Lisbon ; Sandwich, King. for St. Glratiew, Taylor, for Charente ; P.urleigh, Flora, and of theentsard.hound. The wrecks remain in the same ss helnte, end the cargoes landing as fast as practicable.— ' East. It blew very haul during the ni;tht. but is now quite Tire Ainerican ship Margaret, M•Lellan, is got off the ITWOUTH, Nov. RB.—The destruction of the Colville. on, is is complete, that the only part of her which is cone I.n . Warm six feet of her starboard bow, between the cutwater d keel. The papers belonging to her bare been found. foarsaori it, Nov. 28.—Off the port, the Courier, from eerie. The outward-bound that did not receive damage sailed tse %II and 27th, but several have put back to-day, as the Iri icon from the S.W. blowing very hard. Arrived the fol. trutwaol-Imund from the Downs:—The Merlin, Bond; dolma. Hunks; the 11farlIvoroogh, Middleton ; the West ', Hall; the St. Anne, Sughrue ; and the Richard and _3ll for Jamaica ; the Boyne, lawmen, for Madras ; the and Surrey transports • the Hugh Crawford, fur New Wslot ; unit the Delateml, Young, for St. Vinemni. The from llogadore for London, has come into harbour to repair unae.!sastaiaist iii the late gale. The wind coming to the N.E. we-day the whole of the untwanl-hound sailed, but the wind slung, and blowing very hard, the major part of thou have put Irk. Icns. Nov. 28.—The Mars, Bum Newborn for Bristol, got wp sibore ..d tt un it y t r a the i l r h e in w gl ss es ;et iming out of the Needles Pas- LIT LUTA), PT 0 X, Nor. ^.9.—Tote Hazard, of Leith, on shore a Mahan, 'kith fruit, &c. has discharged her cargo, part of which iidernsud; she is likely to be got MT next springs. L . :Hoorays - A, Nov. 17.—The Hazard, Beall, from Bordeaux, warded off litemor 2:ld instant. DLit, Noe. 27.—The whole of the outward-bound sailed in coma the night. The Eilbeck, for Jamaica, came out of tote and remains. Ilixsuar Nov. 21.—A rest part of the outward-bound and sailtsl yesterday, but the wind having again veered round tv, ',stetted, blowing strong. the Alen.), Perkins, far Bor. t; Catherine, Atlanta, for l'ape de Verde; Amide, llcyte, Iture ; and many others have put bark to.day. 'lin:ire, Nov. `.lll.—The Vrotiw Elizabeth, Vanderstein, .).tend for Lyndon; and the Mary. of Shoreham, in ballast, :shore on Forma. Rock; the 'limier with loss of bowsprit. Gut case MD Nov- 27.—Arrived the Getteral Palmer. l'ruseoe, .Mathas ; Venus, Bristow, from Trieste; Tula, 11`hite, from .. ; Ann, Gawp, from Palermo; Atlantic. Walker, from Logi. ; Oemn. Guam, from 31iramichi ; Solus, Cook, from bialvanna; Friends, Brown; and Levant% Bum, from y, from Jamaica; Eclipse, Kent, from Clothe; Fs. Iturnimier, from Archangel; Sir C. 31•Cmtity, Friend, Betnerm; prince Regent. 'hlster. boat Rouen; Sicilian, Leaeky fn.w Ilosina; and Slime', Stephenson, front (limber. Nur. ft—Arrayed the Coronation, l'ower, from Ilarlingm ; Romania. Combas. from Smyrna ; Acorn, Christie. front Oporto; Varier, Burrs, horn Tentwilte; Jane and Mary. Costs; sad tmvd latent, lot, from Ilamburgh ; George, li ster, from Bor. rot; and anonans, Smith, frog.. Malaga. Nov.27,—Sailed the John Shand, Rees, for Jamaica; Caroline, Laud, for Demerara; Rucker*, Soper, for Grenada ; Water. engage, for Jamaica; Ewretta, Irwin, for Trinidad; and a 11ilsen„Underwood, for the South Seas. r.2...-Seiled the A Ibion, Proctor, for Carthagena I entgiaaa• Ur Grenada; Lovely Crewyer, Lungdon, for Gibraltar; , Venus, for Tobago; Sincerity, Smith ; and Rose, Aktan brJersey. treat, Nov. Majesty's revenue cruiser Scout, List Cooke, commander, has captured and brought into this At Starry of London, with an illicit cargo, consisting of ...noise( genera, '2l) maks of brandy. and 517 bales of menu. laredtubseco. Two steam packets, of .710 toos each, intended litlMiet of his Majesty's Post-office, are erdered to be built •1 in Mr. Graham's naval yard. A cask of brandy, "11 MI J. and F. Martell-Cognae," was landed here this it was taken up of Southwold :Pith instant. teem Bay ex, Nov. 27.—The Prince Regent, Bushel, .Junta's, New Brunswick, for Chepstow, is on shore in this it; pm of cargo discharging—vessel expected to be got ocr. tDCELAK 111, Nov. 25--fhe Ord, is on shore ! the smith Pier. it. Nov. 23.—The Sally, —, and Lee, both of ow, and Caledonia,. of Glasgow, were totally lost at 'orta The Robert, —, of Glasgow, lost off Cape North. • •"ot". of Haryport, on shore, and in a very bad state. "alla`t• itr a letter from Captain Rests, of the deed Naples, 9th inst. advice* hare been received by the eked Consul there, from the :hitch Admiral at Mahon, that •lirrrires had commenced hostilities against the Dutch ' flag, `4gure recommended Dutch vesaels trot to bail without pro• :ear rv. Nov. 7.—The ;Vella% Harmon, from America to bas put iu tiwr with Ins, of bulwarks and leaky ; cargo 'Oa The :Swallows, Huth, Irons l'etersburgh w London, t ■ bete with willing damage. t a [ t•a. Nov. 16 —The 3laey Ann, Vickerman, from Pe le Hull, bit her bowsprit and received damage on the '' 4411 4 by a vessel miming foul of her, and wW be repaired 'or or a letter from Plymouth, dated Nov. 27 :—" I arrived and hare taken • survey of the different wrecks. 'lt the names at such as are likely to come oft; vic.--lieotia, Ellen, Agnes, oloniat„ City of R o chester: the ate compl ete C autl reeks. The John, Wells, is in Wain shin I kern she may be got of. The Ilibernia is entirely t ° Pre.", behind the garrison. I have not mentioned the ; lays stink, bitt has got all her masts standing, and I Son what I see, site is met( the best of them." Itt . : - :.onth. the Rising Sun. —, front Ricliebucto. I lloyheren. the Isabella, Robinson, from (Quebec. r nin.then. t itbberton, from Wick to Imndouderry, was lost !Itl*h instant in the Nor li lea--crew saved. ° lsm. laid: from Newhaven to Bristol, was lost on Satur tfluef'die Xichola, and Jane, Laing, from Peterahurgh to London, ' '?ittlim. Kennedy from ditto to !lull, was wrecked on lade saved. Dill, bow Ayr to Belfast, was totally wrecked near Tuenb y . N r• Et:oanhi, from Belfast to Cardiff, was OD ahem near , r4y us Tueulay. . j°l ' l " , from Newcastle to Liverpool, was lost on • — c..s ow Saturday night. It cd..ser, tram ki;erpnol, had not arrived at Wawa's°, ":!'d ire List of 2.16 imaant. Renter, huts e;ettin fur London, was stranded 2d near Young, from I . e. Peterslnagh fur Dander. was 111 ticltagen. I Viihelin, Haack, from Swincmuodc for Portugal, (:apealtagen. leaky. 1. . ' n ,g' l /..hrth, bils, from Newcastle to l'openharn. ' k '' , rll on the toast Jetland on the night of the ith mat. lating, was lost in the lbe, Sth Lltign with timiterand spars, supposed from the Millie, London. Will ' , St the b e ginning of month, near w ord " Harrington" was on part of the wreck. 11'wsmahleemn shi aistell, was spoken with of the ihatit ith srptember. P a tiny, frrnm Itelf3ft to Charleston, Wild oitiVen on 1 Pert sear Ileaumarts bat • ff and in "" . 311 T hunt. hut u , r ° .„ . "‘ h te Company's ships Princess Angelis, IVilliams ; Th on , m, ; Hope, t ; 80'd qui. of !Lindy, from Loudon to China, passed Anger Point p yams to the 901 August ; all %tell. The Shamrock, Jordain, from Lisbon to London, is totally lost in Nlount's Bay, and all on board drowned. The Gretna, Alachulsen, float Newcastle to Bowen, wes wrecked near h'mont. 13th inst. . - . 1 . Nbe eptunus, Ilentin, from Stettin to London, is lost on tile coast of Sweden. LIVERPOOL. IMPORTS. Nov. '26. Adatea.—Miwning Star, (:hi have, from Majumbo and St. Thomas, with elephants teeth awl citron-nuts. WERT I SDI Es.—Elizabeth, Nelson, from Demerara, with su. gar, coffee, oat tun, mobwaes, and old lead ; Sarah, Tobin, front Demerara, with sugar, ruin, soul molawics. AMERICA.—NeIson, Smith, from Richchucto, with tir timber. deals, and lathwood ; W illiam Anition, Guy, from Qiebee, with pine timber, oak swim. and desk ; Brothers, Smith. loon Quebec and Montreal, with dodo, stares and headings, and ashen; Peter Ellis, Chesser, front St. John's, N. 8., with pine 1 1 timber, deals staves, and lathwood ; Solon. White, froth di. John's, Nil., with tie timber, deals, staves, lathwood, and spars or masts ; Orion, Banks, from New Brunswick. with birch tim ber, pine ditto, deals, staves, spars or masts, and oars ; Cumber land, A abridge, front Miratinchi., with timber, deals, lathwood, and masts. Nt:wrrs cart:masts—Fame, ifurtable, with dry codfish, train oil, blubber, cranberries, and firewood. Uti 11 CD ST•TCL—Sinters, Read. from New York, with cot ton, gum Senegal, mahogany, Nicaragua wood, and log wood ; Florida, Tinkham, from New York, with ashes, apples, horn tips, turpentine, barks, and bides ; Amethyst, !tummy, from Boston, with apples, ashes, nuts, turpentine, books, minerals, plants, a anberries, and green salted hides. BRAZIL—James. Scutt, from Marinham, with oranges and coma) ; lielgrare Fleming, from Rio Janeiro, with coffee, cotton, Madeira wine, plinks, jacarandawood, and cow and oz horns ; halls ltookli, Stewart, Rum Bahia and Macaio, with sweetmeats and Cotton. Buzgos Arais.—Anne. Mordsunt, with cow and ox hides, horse ditto, hoots, and chinchilli skins. Al 1:D11E118AX EaX.—DOtia,White, from Zante, with earotells, currants, and tuatic. . _ . llokkawn.—Jantina, Grimminga. from Rotterdam, with oak bark, mats, flax, and wins ; blijufF Vrow Anna Lupins, Plc like?, (ruin Rotterdam, with mats, flax, Colozne water, liower.ruots, mad ders. and bark ; Jonge Nicolaas, Peters, from Antwerp, i;ii mailder.muts, ILL and oak bark. Poiroom..—Chainpion filackaller, from Faro, with eork. wood, sumach, sweet almonds, frail+ figs, and oranges ; Lavinia, Morrison, (runt Faro, with corkwcod, oranges, almonds, cork sucks, tapncts figs, and %crofts all - 110 , 1(1A. Ilvartta.—Ulcer, Quiller, from St. Petersburgh, with tallow, and hemp. SPAlN.—llarbara and Catharine, Reid, from Gijon, with small nuts and apples. goline, 11, or w' Siips at Al S prlilll, V ell , t 4lClite• t‘ llla Englis mridennt . , Arrial alI 1 4" strived Si/ rItt7ACT. , Ktletrler tt en up are tn, May, riowt: TH. Lisbon, SI tape Colat outward da Ran Ma, and p. on dirty ea I:5. E. I ftrmorrir lo.t fns ;hallo, 1 Vanish' pus, Iliscalu Forpna Venn , ply ; Girt& erg of It:PO , ate us before ind East. I erste. Thi •rkg. WtTVOCTI ',lsm, is so r, n is about s keel. The forramori rerrdre. the 'S h an, ;mu is von fr g outran (dors. I , k, s brill—ad for arm and th oath Wales : Mk from 11, lifitii2 ". Sur. " I ►t far M 'an. Vent a. (mkt' BILlk!CI Si • In .14:r.a:i I I r :t4.• SI a/ 0 ilred aL t. k the itivi fltlllll tkrted y:ury 'Nato' I , almur; p iu Srmar.' the loth. .r At . :aaith "Min! h itkten); Orr., 73111' 1 .4.1. In W* g i ng• ,tht 11 LL•tyc r itz llh tr • L Erne rt. • IN,' ht, 4 ttpe . 2* 1 0, ; he ▪ 4, 305 11 NI- Whi• 11 . • ; 41 .5 . h 4Vill el '.' • Niell • t' t Pill .It••ri, 3 L AI I:1 • ••• • ''••• Dm% • •••••••,!..„, • tt.,„ : • , IL- ncai "t • • • In ue, • t l Tt f • • ihhut ' :nth 4 4 feet is./ H on , • kw Fa, • MESSRS. MARSH, STR4CEY, AND CO. The Creditors of this well-known t:ompany met last night at the Freemasons' Tavern, for the purpose of appointing assignees, A fter some desultory crinvirsation, ::r. ma was unanimously called to the Chair. This gentleman returned thanks for Ow honour bestowed upon hint a second time. Ile begged to remind the Meeting that expenses were incurred by advertisements, /cc. and therefore thought that every individual who tame to the Meet ing should contribute the sum of two shillings. This being mooted to- A C51E1)17011 Rixi:Cl to be informed of the precise object of the sleeting ; if there was any ii.formation to be communicated. The - SECRETARY replied that the intended proctedings on the part of the committee of creditors were checked by the act of the Lord Chancellor, who had ordered the two coomaissions to operate as one, and the other commission granted against the four parties to be impounded. Essential service had been done to the creditors by 3lr Daniel Robison, who, though not one of the committee, was indefatigable in his Isbottris. Through hint sums of money, improperly drawn front the house, had b: en refunded, and 9,30 W. were recovered foe the bent-lit of the creditors. The same Creditor asked if it sticreascertained what sum was in the house at the time of tile failure. The Sec E T Y said, the actual sum in the house at the time was 130,000/., and upon that ruin it was intended to make a dirt dend in .lanuary, were it not tOr the act of the lord Chancellor. Mr. KNIGHT was aware the object of the meeting was to ap. ' point assignees under the commission granted against the bank rupts, but this step could not be taken at present. in consequence of ' what took place in the Court of Chancery en last Friday. Why Mr. S.iymour, a CfeUlter, applied for the superseding of the cont. mission lie could not conceive ;he must be influent-ell by ■ secret motive, fur which he could not account ; but he did not succeed, as the onnntission was impounded, net superseded ; and thus the creditors might resort to a good Ctllll , llission, it the present should be at any time used as an engine against them. It was in this point of view the Lord Chancellor slit the question. and lie would nut therefore suspend the commission, lie had it merely impounded; as to the payment made into the house of Stone, it was made under peculiar circumstances. The house knew how they were situated. The unfortunate party himself was apprehensive they should atop; the payment of 2U,01101. upon smh a day was ex traordinary. If it was done in conteniplation of bankruptcy, though no such act was committed. the money should come bark to the creditors. There was another matter worthy of considers. tion, as there were contradictory statements upon the subject—lie meant a claim of 41.00(11. made by the European Society. This sum could nit be considered as a debt until proved on oath before die commission, and then it would be a question a:tether it were the individual debt of Mr. Stracey, or a general debt of the house. Ile thought the business of the :fleeting he to keep alive the committee, fur the purpose of watching every thing that may occur. Mr. RILY said. there were two sums recovered by the COM mit:ee one of 5,0001. drawn by Mi s s litirsh on the 11th, and 4,6lXte drawn by 31r. Stracey. Thi, gentleman, it should tmt be forgotten, was making the tour of the Continent, whilst the house was in the worst possible situation. There was an article in serted in the BritiA Press of the 16th, stating some important facts. This was shown to the patties, and it was admitted to be eubstant;ally correct. This showed that deceit was procustsl by Mr. Marsh and information withheld by Mr. Stracey. lie trusted they would act as men and as Englishmen, and insist upon get. ting the best dividend the house rould afford. lilr. I's* x ins addressed the lileetiog at considerable length. [This gentleman, Irmo Lis long residence in India, has, it is evi dent, contracted the tumid digressive style of the East, and we cannot be expected to do I Justice.] Ile stated his connexion with the house in question: he had at one period lodged there 42,0110/., 23,ffing. of which were in Exchequer Bills. Some yearn since lie IrJb inforinzd of their distress. and it was with the greatest difficulty he succeeded in obtaining his money. Ile did nut act against them at the time; if he had he would hate lost his money, and they would hare said he was in the secret of their for geries. This he was not ; but he was in the secret of their dis. tress. To this hour he could not procure his balance-sheet. Ilere a CREDITOR Mc slid Said, lie Was acquainted with the amount of the sheet; it was precisely 2s. ifd. Mr. PARISI wa—You are an auctioneer, and reliance is not to be placed on a:I you please to assert. The elllMlTOß—Coming from any other person I would not bear th is; but from you I Tit; lowest man in England is on an equality wilt an auctioneer. lle supposed thi. person had gotten all his tnoary from the house, and as he had been so fortunate with his kneek.down hammer, he came here to prate, and to be the trum peter of the bankrupts, lie had left a cheque foe lim a/. in the house, and when he wrote for it to Mr. Faunderoy. 31r.Stracey answered his letter, and said, there was no such cheque. Ile was afterwards oblige' to proceed criminally againtit certain individuals, who acknowledged their ;milt, and entreated him to fishes:. Ile took them into Court. And yet why go there, where there were always four or live fellows in harneri, with wigs and gowns, to insult the characters and understandings u the public? Amongst these fellows in harness, was a Mr. Gurney, whom he looked on with hotter. lle had employed him and paid hint ; but this person deceived him. pretended sickness, and did not appear. On account of his connection with the house in Bernersoureet. he had fallen out with all his friends. Ile re. quested a letter of introduction for Colonel Graham from the frivol of hit infancy, the late Duke of Norfolk, which was refused; and though the Duke doted upon Jim, breakfasted with him, weasel dom apart front hint, he (.11r. i'arkina) split with this nobleman, ar.d the pour gentleman died in sis months after. AU this was owing to his connection with the house in Demers-meet. The speaker then gave an account of some litigation he had with Ur. Seymour, but with the assistance of a 3laster in Chancery be bo :hard this gentleman. Ile complained bitterly of the interruption he received from the worthy Ocittlentan of the Ihnuner. English men were complaining of their sanguinary laws; they were bleating about the punishment of death. This punishment they dwell near give up until they found ono more severe; if they did, they would be plundered by wholesale. Ile was certain die person who interrupted him had not paid his two shillings. A Carnitoa Mid, One thing appeared to him remarkable, that Mr. Marsh should be employed to e 4tect the dividends at the Bank. Now could he receive them as they acre nut there ? The &t • • • - said it was strange that Mr. 3lar.h, who was slot worth a nudging, was a short time ago buying a house at Whitehall, worth .suool. 111 r. Pang' tis s.b.l, 31e. Marsh was not ut for business; he bad L , 40.0d11/. in a speculation at the Cape of Geed !lupe. Ile seat Ws sun, who erns both a boohy and a dandy, upon this sperm. Winn, contrary to his &trice. and consequently the money was lost. The piople of England had three great enemies, the lawyers, the parsons, and the pr:ss. They would never do well until Mete were kept in their proper places. It ass then moved, anti carried unanimou4y, that since the joint COMMISIig.O was impoundrJ by the fowl Cluctecllor, no pro. ccedings could be had widtr it for the benefit of the creditors, that the gentlemen composing the hitt Conimittoe be continued. and autboriaed to cad a meeting of creditors when they shall deco it The (hanks of the Meeting were then given to the Chairman, and the Meeting ',rake up. 1111511 CATHO! IC AIROCIATIoN.—Wc understand that a Proclamation will be isoolell to-inorrow to prohibit the future inertiiii7s of the Cath•elic rnics THE BRITISH PRESS. LAW INTEL ►./AhXCR. COURT OF CHANCERY, MoxoaT, Nov. 29. HABEAS CORPUS. IN THE MIATTL . IIIOr DAVIF.I. STURDY, JITN, His Colt ne xt. r sat ri-day at a quartet past nine o'clock, for the par arse of hearing this case. Mr. Routs appeared axenunsel for Mr. Sturdy, to submit that the o)(lmile:donee% had exceeded the power vestalin them by the Act of the 6th t'lro. 11. 'fins gentleman is a creditnr of John Gilbert'', agaihst elver a commission of bankrupt issuer) in the month of June last ; and at a meeting of the creditors tinder the commission, he attended to prove a debt. It was alleged that h: had receited the bankrupt's property improperly, and was coin muted to Newgate on the 24th into. for not satisfactorily answerieg the questions put to hint by the Commissioner,. He was asked by them how mooch money he heel received of the bankrupt, in The 1 years IMO and Gal ? During these years lie had had mock-jobbing 1 irensartions of such a nature as he thought might subject Win to penalties under the Stock lobbing Act ; and therefore lie declined saying any thing further than that he considered an answer would expose him to hazard. Mr. ROOTS submitted that the Commissioners aught not to have committed Ins client yet, or, at ar.y rate, that he ought now to have another oppportunity of appearirg before them. Mr. Roar was on behalf of the assignees. He thought if what appeared on the face of the conimitirent did not support it. no argument his ingenuity could suggest could avail. lie con ceived it quite 'mposeible to suppose that the Commiseioners could have acted in any oilier way than they hail done. The Loan CHANCELLOR oNierved, that the Men question here was, whether this examination was satisfactory to him? and he was most clearly of opinion that it was not. His Lordship thought the Commissioners would tin well to give this gentleman another opportunity of appearing before them ; or he might take the opinion of the twelve Judges upon the point whether the exa nthttioe was satisiactory. Mr. ROOTS was quite satisfied that his client would not go to any higher tribunal after the judgment his Lordship had former!. Mr. ROSE felt perfectly authorised to say, that his clients were mint anxious to afrOfd this gentleman every opportunity of expla- Ination —they wished nothing but justice. IILACIMONE V. GLAMOROASIftfIRE CANAL COMPANY. In this case, which has of late occupied a great deal of the Court's time, his Lordship proceeded to give judgment. The case has heen considered par: iculerly important, tram the high tespectebi lity of all the parties. The plaintiff is. gentleman intrusted with the duties of a Magistrate for the agey of Glamorgan, and the defendaras (with the exception of Mr. R ea) area body of gen tlemen incorpurateil into the above Company. only four of whee l (and Mr. R.) were brought before the Court on the present oc. casket ; namely, Mr. Routh, Mr. Crewels!, leetiriffithiaaed Mr. Guest. The plaintiff is the owner of most extensive iron-works (upon the erectiou of which he cepct.icel not less than 150,000/.) situated near the town of ta!t!qi, and by un Act af the 31th of the late King, the Glamorganshire Canal Company were empowered to make the canal, and a provision in that Act pro tected Mr. Illakemore's works, to the extent of providing that he should have the surplus water tint used in the canal for the purposes of his works. The a iverJaff supplies the whole of the water; and Nut there might be the surplus water, the Legislature pointed out the width, length. and depth that the canal should be. Another Act passed in the ?tilt Geo. I l 1., authorising the company to make certain inipmvenients in the canal, ell of which, however, were to he done within two years. The company, during last Session of l'arliament, brought in another Bill, for the purpose of capacitating them to alter and inn prove the canal, go as to adniit vessels of a meth larger tonnage that it then did. That Bill was brought into the Howie of Cointitons, and read either once or twice, before the plain. tiff' and others had had notice of it.. It was then opposed by the plaintiff and the Marquis of Itute, on the ground that it would be ruinous to their respective properties. inasmuch as by the corn. pony being allowed to make the canal 'Omissible fur larger yes. eels more water would be required, and theretere it would not be practicable to have the surplus supplied. 'l'lle bill was at last thrown out. A very few weeks before the long vacation, the corn. pany took upon themselves to employ gunge of between two and three hundred men to do the very art they had failed to obtain per mission !nem Parliament to perform ; upon which the plaintifffiled his bill in that Court, for an injunction to restrain them front doing any art to widen or drepeu (Fe basis at Cardiff: The use was heard in 'tin Lordship's private room inutile plibiic for that purpose) after the Court had risen, and the plaintiff making good his case, Mr. Routh emceed into an undertaking for the Company, that no further act should be done which would have the effect com plained of, till the further order of the Court. Notice of that undertaking was instantly sect to Wales to suspend the work ing of the gave. The undertaking, however, was not duly obeyed, and his Lordship at once issued his injunction. Af ter the injunction reached Wales, the company removed their gangs from widening and deepening the canal, and set them to cleat, out Mr mud from the bottom of the basin, by do. ing which, the plaintiff now contended, they had consie derably deepened it; and that he might be sure of its having been so deepened since the issuing of the injunction, lie had employed three of the most eminent surveyors lie could find in the kingdom, whom he sent to Cardiff to gauge the canal, which they did at thirty-eight different places, and upon their report he now moved to commit the five gentlemen already nsnitel to the Fleet prison, for a violation of his Lordship's order. The motion was met by the affidavits of the leaders of the gangs, who swore that it in not even now at its original depth, and that therefore no deepenirg could have taken place by the late cleaning of it out _upon which issue was joined, and upon exantining of which, and the evidence in the case, his Lordship said, lie woillel have to decide whether or not there had been a breach °Lehr irejnactionaeand if there had been one, what would have to be done upon that would depend on the sound (and it could not he sound unkas temperate) discretion of the Court. If there had been a breach of the undertaking of Mr. Routh. the Court would have to lona as favourably at but case es possible, because he had done all in his power to prevent any act being done, against which be had undertaken. Nothing had heen breathed, in the curse of the argitmente, to convey an idea that all the gentlemen were not of the highest respec tability ; but, however high, his Lordship felt it necessary to say that some parts of Wales should be taught. that not evens Ola morganshire Company were to take into their hands the power of injuring another', property, and that in the teeth of the Legisla ture, and of an order of that Court. Ills Lordship could remem. ber having had something of a similar case before him from %Vales once before, in which also gangs of men were represented to have been doing that which th e y oug h t not to have dune, with (he la mented to add) a alagietrate at the bead of each of them ; hut it would tie well fur such gentlemen to recollect what were the duties of a Magistrate, and who they were who ought to be entrusted with those duties. His Lordship went 11: considerable length HMI the circumstances of the case, and upon the beet consi deration lie could give the subject, from all the affidavits, he was of opinion that there lied been a breach both of the in. jnnction (the order for which was dated on the 25th of August), and the undertaking, which was given on the 21st of the same month. There were, however, many circumstances relative to this breach that the Court was hound to take notice of; upon noticing the whole of which, his judgment respecting Mr. Routh was, as far as des motion affected him, that he should pay the costs of it; that Mr. Crawellay, ma hating been served with the injunction at all, should have his costs; that Mr. Guest and Mr. Griffiths. appear ing to have bete ef those with whnse concurrence the works in vio lation of the undertaking and injunction had been carried on, should have no costs; aril that with respect to Mr. fleece, upon the ques tion of costs, lie would decide on 'Thursday morning. The case did not go to the length of warranting the Court to commit any of these respectable gentlemen. At the same time, his Lordship hoped that he would not be giving offence in assuring those gentle men that they must not do that which the law would nut pernift them to do. OPERA-MOUSE. Mr. Manx moved for the Court to appoint a manager to the Opera-house. After having been heard shortly, and without the Court intimating any opinion. the motion was ordered to stand over till rext Thursday, that the Solicitortlieneral might be pre pared to meet it. Mr. 11.11 T moved in another cause respecting the Opera in which Mr. Chambers is the plaintiff; and Mr. NVaters and others the defendants, that Mr. Waters, being in contempt, might be discharged upon paying the costs of the codteinpt, and that Mt might be at libcry to takel out a commission to put in Mean ewer, and have six weeks time for that purpose. Mr. Svu DE X opposed the motion. His Lou:ramp considered, : that there must be some rule of a practice with respect to the question, which Me really did nut know t present. The question w whether a person who had a bill tiled against hint in this Court; coo!" take a trip to Calais. re main there as long as he pleased, and at some future tints claim to take out a conunissios to put in his answer. The case was orderer' to stand over till the next seal, that this point of practice may be looked into. Hui Lordship intends sitting in his private room hereon Thurs_ day and friths?, to give judgments, and to hear any applications parties may think proper to make. COURT OF KIVGIS BENCII—Nov. 29. IN THE NATTta or CARPET?. Scant.rirr wet tie* ifollll Or ad tressing the Court relative to • report which had obtainer, circulation through all the newapaprni, that 31r. Chitty had obtained a Habeas Corpus to bring up the body of Sar..h Harnett. This Jody was confined in the gaol of Suffolk, by a wentence of the Ecclesiastical Court, for contumacy. She was alleged to be • lunatic, end there was now an ap plicativ f.ar a writ of lunacy against her, which was not y dia. posed ea by the Lord Chancellor. The report had got into the papers in • manner calculated to asperse unjustly the character of the husband of this lady. _ _ :11 r. Justice Itav ILL y said, that the motion had been matte before hint. Ile certainly understood it to be a rule to show cense why e writ of Habeas Corpus should not beg/Lir:tea : he did 11,4 unuer stand it to hare hero applied for upon voluminous affidavit.. It was granted upon the detect of the specification. It should there fore be confined to the specification. Mr. SCAIILCTT saitl, It wan drawn up as if it were doubtful whether the husband could be found, yet it was well knows ring where he resided the rule was served on him last Friday. Tnel.onDtartre•JLarlcttsaid,he did not know how the Court could interfere. The cane . WAS before the Lecl e .i ast i ca l Court. and this Court had no juristlution in it. Mr. CULT r r hoped that the justice and generosity of the Caurt %mod p erm i t hi m to mote the pawns which induced him to adopt the course he pursued. The lady had been three ye.ws in gaol ; she 114.1 tiler: undergone great pnratiuns ami satTerinp ; she was said to be a lunatic, but her own affidavit, on which he moved, was in her own handwriting. And at the same time that he pointed out the defect in the specification, he also accompanied it with t h ose affidavits, which, In the exercise of the discretion that belogi.a to a gentleman of the bar, he thought * he had a right to do, as the case was not an ordinary one. The voluminousness of the affidavits was occasioned by suppm.ng it necessary to support the affidavits of this Court by affidavits from the Cuort of Chancery. In proceed. ing in this case, lie way fortifi-v1 by the precedent of amuse of the King ie. 31avhee. Ile had there obtained . a similar rule under similar eirculinitancea, and ruccetiled in i„:tting it related to one of the Judges in c h am b ers Il e trusted that this case might, in like manner, be referred to one of their Lordships. The Lotto Cittgr .11. , 3711::L said, that as lie undersbod the rule, its effect would be to reverse the sentelice of the Leclestainical Conti. Mr:CHFFTT 'insured the Court that it wntsid not. The Lonn JFiTICC said that at all events the rule must be enlarged; let the rule be enlarged fora week, arid let the mater be argued before anv of the Learned Stidges at e .ambers ; if a region for further enlargirg should appear necessary to the Learned Judge, lie 101 crilat,:e it for another week. Mr. SCARLETT said, that if the Court enlarge.: it, ho would prefer it to be enlarged for a fortnight. Mr. CHITTY suggested that a vt,ek was sufficient. The lady. it should be recclleced, had already been for three years and a half in prison. The Lono Cuter it:sitez desired that the rule should stand as he proposed it in the first instance; he would leave it to the dis cretion of the Learned Judge to give further delay or not, us he should find it expedient. Rule enlarged for a week, and cause to be shown in chambers. TURNER V. THE HUNDRED OF WINTERSTOKE. Mr. F. Wt Luaus showed cause against the rule obtained in in th.s cause. It appeared from the affidavit, and the statement of the :.earned Counsel on behalf of plaintiff, that hie client's house hail Itec ma liciously burned, and that a special Sessions was held pursuant to thestatute, weletermine plaintiff's claim againet the hundred for the injury sustained by him, which teas under SOL The plaintiff's wit. noises were examined, but the Justices conceiving tea offence to have been committed within the meaning of the Act, inasmuch as he failed to prove that the persons who burned the house had their faces blackened, dismissed the claim. This decision, it appeared, arose from a curious misinterpretation of the thh Geo. I. by which the offence is created. The first off'enee centre! by that statute (com monly called the `• Black Act,") is the assembling of persons, having their fates blackened or otherwise disguised. After fixing a penalty fur this, it proceeds to create other offences, such as the destruction of property; and amongst other provisions, it makes it unlawful to send a threatening letter; now the Magistrates con ceived that it was neem.sary in all the subsequent offences, as well a. the first, that the parties committing them should have their faces blackened, so that in order to make it criminal for a person to send a threatening letter he must have his face blackened. Aiesinst title decision of the Sorel d Sessions an appeal Ives made by the plainthF to the General Sessions: but the 31agietrutes composing it refused to entertain the appeal, inasmuch as there was nothing to appeal against ; fur there was no written order made be the Special Sea. sion'. Although it appeared that tempi the three justices assembled at the Special Sessions, had given a certificate setting forth that their dismissal of plaintiff's claim arose solely front a mistake of the law. The_plaintitfi having no tithe- mode of redress, applied to the Court of King's Bench, and obtained a meltdowns. directing the Magistrates of the General Sessions to enter up continuances in plaintiff's appeal, and to hear and determine on it. This man. danous was issued in Laster Term, and in this (the subsequent nee) a rule was obtained to set it aside, on the ground that clue notice of it had rot been sieved on the part: es, although the usual practice of serving such no: ices hid been adhered to this instance ; namely, serving the Chief Constable of the !Limited, and two Justices. Mr. itc ex•an, in support of the rule. proceeded to show that the Magistrates could rot hear the appeal fur the reasons alleged by them. If there had been a decree against the hundred, it would be competent for it to appeal ; and the same rule applied, he (Mr. B.) contended, to affiliation, and many other cases. Ile further said that the third Magistrate commming the Special Ses sions, was by no means a patty to the certificate sent in by the two other gentlemen to the ( ieneral Sessions. Mr. Justice BAY try suggested to the Learned Counsel that the rule had been obtained solely on the grogird that the notice of the meedateur was not properly served, and asked if it would not be better that he should confine himself to that point. l'he Learned Judge said, that on referring to the officer as to the practice, it ap peared the usual mode of service had been adhered to. Mr. BERNARD submitted that notice should have been given to the Clerk of the Peace; and, further, that the Magistrates served were those who in the first instance dismissed the claim, and were, of course. incompetent to decide on the appeal. TLe Loan Cuter JUSTICE asked if the Learned Counsel meant there could be no appeal but when ran order was made, or that a mere dismissal is not an act done within the meaning of the Statute ? Air. 13ER VART) replied. that that WWI his view of it; and added, that the proper mode for plaintiff to proceed, would be to hare the mandamus tuned to the Special Sessions, and not to the general obe. The 1.011111 Cuter JUSTICE said, that the Seßsiors must be holden within thirty days, and that if that course were adopted, it was possible they might expire before the Justices could be corn_ gelled to re-assemble. Ilia Lordship then proceeded to give at considerable length, the decision of the Court, which was, that the rule be discharged with costa. liING V. TAYLOR. The LORD CHIEF Jere tcr. gave judgment in ibis case to day. His Lortl.hip, after showing at length the prac t ice w i t h re gard to pleading in civil cases applied to misthimcwiors, said that the Court were uranimous in declaring that the judgment should be final. His Lordship added, that u deviation from this ' , rattier , was allowed in caws of felony, but that thzre it was dune infinvirem vile. TI•NICAN V. TIIWAITES. The boar) CHI Er Jusr ICE proceeded to give judgment in this case, which excited considerable interest, as it related to the lega lity of publishing police reports. This was an action for two elicited libels which appeared in the „Ifeening I ferold of the 10th and ICA of July. The defendant had pleaded several pleas to the declare. Lion, and to some of these pleas the plaintiff had demurred. The pleas to which he demurred were the 2tl, 3d, 4th, sth. 6:h, 7th, and Bth. The demurrer had been argued before the Court last October, and the juilemont which he was now about to tie_ liver should be coneidered as the jiyhtment of Messrs. Justice Bayley, Holmes, and himself, as 51r. Justice Isittledale took no part in the discussion, as he had formerly been engaged as Counsel for one of the parties. The pleas which were demurred to lie would place under two classes ; the first related to the publica tion of the 10th ofJule. and the 2d to the publication of the 16th of the Ilam, month. These pleas agile admitted of a subdivision into the proceedings which took place before the Magistrate, us Ms tinguiahable from the comments upon them. The plaintiff* was described in the declaration as a person of good character. It fur ther stated that he had never been accused or suspected of Mile. eently assaulting females, and that he was a Solicitor of the High Court of Chancery. The alleged libel of the 10th was to the fol lowing effect :—lt stated, that one Andrew Duncan was brought before Mr. Halls. a Magistrate of Bow -street, on a charge of as saulting Anne Chandler, • child only thirteen years of age. There the case underwent • hearing. and after Anne ('handier and other witnesses were examined, further inquiry was deterred to a future day. It further stated that the evideace of the child herself and her companion, 51r. Duncan's cousin, of the same age, displayed such a complication of disgusting indecencies that we srum' detail it. It is right, however, we should my. the accused denied the prir.. cipal tact. alleged, and that the children made moat: slight va riation in'their evidence. Eventually the accused was adinitted to bail, himself in 100 L end two sureties in 50L each. It was stated on the part of the plaintiff' that this was publication before trial, or be fore there could be an opeortunity for it; and that further, there was no indictment preferred against him, or any trial prosecuted in of such a charge as that adverted to in the above para. greph. The publication was calculated, he complained, to prove injurious to his reputatinn and character; and for the injury he thus sustained he instituted an action. The other alleged libel was on the Pith of July ; it ran thus:—" A. Duncan, the attorney, who was charged a week ago with attempting to violate a child of thirteen years of age, was again examined, but no new fact trans. pired, and he wee ordered to enter into recogebances for 2001. to appear at the Seteinne, and the witnesses were bound over to pro. secute." The defendant pleaded the general issue , and also pleaded specially a justification, and that the facts were true, and that the paregraph was inserted without malice, and inertly as en object of news. On that part of the case he would have to remark when he came to observe presently on the second plea. The third plea simply telexed that statement to be true, but this was rani. fi e .ey a b e d pipe, far it slid not convey, with auffieient dietincinert, whether it was meant that the facts stated at the police office was true, or whether it was meant that the report of the proceedings there ti the newspaper was trite. The fourth plea repeated that the faces weru trite, and added that they we:: suited openly in a public room, before Mr. Halls at Bow-street. This plea was hable to the same ohjecion as the former. The fifth plea averred that the proceedings vectored opeuly, that the plaintif was brought before Mr. halls, arid after setting forth the examination% of Arm Chandler and the other witnesses who were examiard„ it stated that the plaintiff denied the charges, and was admitted to bail, on entering into his werernbences ; and fiirther, that the ee. port was a fall, true. snit correct account of wha: lassoed sit the Poliee-ofliee ; but this plea was bad also, as a material question was omitted which had been put to Anne Chandler in the course of the eeamination, to which else repeateely answered " he did not." This was material to the plaintiff to have stated ; and in cease ! quenee of its omission, the account could not be called a correct, fair, and just one. The sixth plea WAS drawn up in nearly similar terms, but it applied to the second libel, which contained no cons. meet, nod was pot therefore liable to the ehjection taken to the Winer plea, which ueplied only to the first libel. This, therefore, 'has held to he good. The eighth idea also was good, as it applied to the second libel ; but the seventh was bad, which applied to the first; the difference rolllliSteli in setting forth the exemitiation at leresh in the seventh, and not introducing them into the eighth. Ile now came to the mencipal plea, which was the second ; that plea set forth that the paeigreph was inserted merely as a subject of public news, and that there was no intention of malice in the publication, and further that the procedings reported there 10011 place openly and befit, a Magistrate. Thai plea cen tained the question on which the Court were more immediately called upon fur their judgment. It proceeded 03 the pre sumption, that it was lawful for every l'Aistor of a news paper to publish whatever occurs before a Justice, in the WA'? of Prehtllll , 2ll7 proceeding, provided it be tree and correct, and teat he be free item a niellcious :ntee.tioa in publishing, it. Th.. Curt were of opinion that he bad not. If the erect of the pub lication was to prejudice a person previous to trial, or to Injure or take sway one's reputation, on the insertion of ex-perfe proceerturts of that nature, an action would lie fur such an injury. The question had been argued with great ability and research by Learned (lends men on both sides. It was unneeessaryfor him to revert to the several cases which had been eked ; **eke it to observe, that none et them were precisely similar to the present, and none of them supported die legality of each publications. The case that emus nearest to the question, and it cam, very near it, was that of "Curry and Walter," as reported in the let voL Repine:se. 4.11. and in ‘• flosanquet and Puller," b2S. The authority of tbe Learned Judge Oho gave that decision had very great weight, although it had met with very general approval--rlthough this doctrine then laid dews by the Learned Judge had rime been doubted or disapproved of in seine gunners. There was fhli material difference between that case and the present, however, that the procerdings there occurred judicially, whereas the pressed. were before a Justice. The Court bad frequently condemned the practice of pnblSthing proceedings prelimina l i to trial ; and if calculat- dto p re j u di ce t h e party on his tri aa, it was unques tionably ill ega l. Th ere was a d ecis i on of r. Justice Heath, reported in the sth 1:01/Srasse, 451, besting dwely on thic point, and . consroting the view s t h e C our t t oo t i n its present de rising. AU who heard him (the Lord Chief Justice) could easily remember many instances in which tripe,* publications this descripti on had been attended with very great mis chief and ineor,Nenienet. The occasions were frequent that they had reason to lament it. Those instances bare recently become more frequeut, but they are not therefore the less unlawful, tree is it less the duty of those who are entrusted with the adnilnis tratiun of justice to declare them to be so.. He was not event repared to admit as a proposition now the legality of the pcb hcstion of ex.prrefe proceedings even in thit Coun ; but that was not the present case, and he should therefore deliver no opi mem upon it. Whatever tends to prejudee a perzon upon L* trial prevents the d ue administration of justice, and they with whops that adniinistrition tests were bound to preserve it femn •iolatloo. Whether the mthlication arises from personal or with a view to personal profit, the effect is the 'sole, and the effect is that from which the law infers the malice. Acts not unlawful in themselves frequently become so by reason of the injury they do to others. For instance, an offensive trade may be introduced into a town : the trade, though not in itself illegal, yet the inconvenience tr mischef attendant on it might lustily the inNbitants of that town to institute an action fur its removal. Here tlya.ve might be no personal r.;ahee, but the effect of the injury was that which the la", regarded. 11 is Lordship proceeded, by further illustrations. to show that the malts anions was legally inferrable from the effect consequent on any act. These observations arose Nom the objec nuns taken to the declaration. The judgment of the Court was, for the plaintiff on the demurrer to the first, second, third. fourth, fifth, and seventh pleas to the declaration ; and for the defendant, on the sixth and eighth. THE KING v. REED. Mr. Evers moved for a rule to shsw cause, why Richard Reed should not surrender and give bail before a Judge in Chamber. He was convicted of inanslaugh•-r by a Jury, in consequence of u cow of his having killed a child. (Much laughter.) When this Jury }were about to return their verdict, !lte prisoner departed, from a hint which it i ruproacd he received from Me Coroner. 'lle Learned Counsel proceeded to state the grounds on whir , " he made the application. The LORD CHIEF JUSTICE, without hearing the further Lets of the case, said, the learned Counsel had stated soffit 'tent grounds to obtain the rule for which he applied.—Role grantel. hlr. J.WILLIaIIi appeared no the pan cc Mrs. Salon. A writ of Habeas Corpus has issued against her, requiring her to product two children. The Lon TY Cuts? Justice suggested the expediency of havi`p the ease laid before a Judge in Chambers. Mr. SCARLF.7T approved of the auggevtion of his Lordship. as the discussion of it in open Court wo•dd have the effect of laying before the Court scenes of domestic bickering and unpleasantness. This was the last day of term, bad the Court sat until near eight o'clock in the evening. COCRT OF COMMON PLEAS, MONDAY, Nov. 22. The CHIEF Jurricr, on taking his seat, observed that some douin having been expressed as to the rule dra.va up by the. Cann relative to fines, avell rule should, for the present, be suspended. FORGED TRANSFER OF STOCK. DAVIS V. THE BANK tit' ENGLAND. The CHIEF JesviCE, in delivering the Judgment of the Court In this case, observed upon Its great miponence to the interests ci the public. This was an action of tort. It alleged that the plain. tiff was the holder of certain stock, upon which be was entitled te his dividends; and that the defendant, improperly allowed it to be transferred without the plaintiff e authority, by reason of which h: had suffered serious loss. t'h'ere rem emend counts in the decim ation. The lint question for the Court now to decide is, whetht: the stock mentioned had been transferred out of the name of the plaintiff or not? We think it has not been transferred; that be is null the legal owner of the stock ; that he is entitled to the dist.- dends accruing on that stock, and that he cannot have a verdict tn. the first and tnitd counts of the declaration. The 3 per Cent. Con. soh were perpetual annuities for heal made to the State. The Long Annuities were similarly created. Both species of stock were trahsfetable, end the transfer could only take place by del:- very, that deliver: , to be with the consent of the party in writing, or by his sufficient attorney—and so the law requires. If the trensta in writing be not authorised, it can have no legal effect it it he forged it is the same. A forged indorsement, for example, on a bill of exchange, amounted to nothing; and the same held with regard to forged shares of any company, beside that of the Bank of Lugland. The Bank of England bad no more right in this re spect than the mast insignificant body; for, on the contrary, the Legislature expressly provided for the conveyance of stock front holders to the purchaser. In the early Loan Acta there were talkies and endorsements, for the purpose of informing the Government*? whom such talkies were payable; and eudorenueuts were made inane Bank books, to shew who were holders. and in case of transfer to shoW to whom such transfer was made. With this endorsement the Banu . had now nothing to do, and they were as much bound to pay this sue. of money as they were to pay any of their bills of exchange or pro missory notes. were not now used; and in many, if not to all the Loan Aets, it is provided that books were to be kept for the registry of the transfer of stock, to be signed by the parties or thew proper attorney, and to be attractl by two crolible witnesses ; and so any person may me by looking into the lyres cf George I. chap. 1, sec. 23, and the 4th of George 111. chap. lit To cunetituie a good neuter there must be an assignment mid air acceptance ; but its the transfer bete the assignment is waning_ The Bank books contained evide lice of the tramOr, and PVC4a copies of the Bank books might be admitted as evidence of sus4 transfer. There were cases in Peale end Espinasee, 665, to coo firm this doctrine. In Auriel v. Smith, to be found in Vesey, the Lord Chancellor had decided that the books must be produced, ace why to show if the entry in the books was or was not in the hand-writing of the person in whose name the hanger stood. %I e are not here called upon to decide, whether the parties selling the parties accepting the stuck arc to endure the loss. But we sto know, that the dividends will not be paid to two persons. Em barrassment no doubt will arise in consequence of UM; but the question is, whether the Bank should sutler the etnbarran. meat, or injustice be done to the public ? The Bank mum be satisfied before they make the transfer; they are allows[: a reasonable tinge fur inquinn4 into the genuineness of the mg. natures; and the Bank, and not the stuck-holder, should sur er for the want of such inquiry. We cannot do jumic: to the plamtiff if we du nut say the mock is his. The tranractioce ne question took place sonic years ago, and if we now decided that ma plat^ tiff should have compensation for the amount of his stock, he would evidently suffer a lose, not only its replacing his capital, bat also its the amount et dividenthaccruing upon it. If compensation only were awarded, the stock-bolder must lose; and it the judg ment were delayed, at we find it in the present instance, the plaintiff would lose his dividend during the investigation of the cam, and be. periups, tarred of its recovery by lapse ut years. Them was also the L/14 arising front not being tilde to take advantage ci' the nie of the funds, gad it was here said that all loos would be oh.teasd. by replacing the stuck. But then mute the question of the losit dividends, and the locust upon such dividends ; tend, im (*et, if the Court were merely to decide for compensation only. an alaem. I lag consequence might occur, sod persons living wat of Loath., „ I whose haloes were u!eged to powers' or attorwy, might lose use their property by their claims being barred by the statute of hue— Galena. In cases to be found in Barnwell and Aldoreon, tfitt. anst 4 Moore, it wits held, that the statute of limit alone began to tuna from the time at whieli the transfer was made, even thosgh, a time recent case, We parties knew nothing of such transfer. We earl find no direct cases on this point, but we find a ease in itarnardwtee. in which a forged transfer was mule by one Edward Hammon to his brother. The brother drew the bill, and the bill was tiled by the execute( of the real owner (also Edward Barri-mon) against the Sou•h Sea Compeny, and the lewd l'hanceilor them held, that the executor should :MVO satisfaction for hie stock from the South ea. Company, in which it was placed. His Lordship added, that • Mote difficult question arose from this, vie., how tar the Bank were or were not answerable for any loss occasioned to the estate of Bar riaston, by nut being able to speculate upon Lis capital The saute case wee better reported in 2 Atkimc, 120. The stock in liar rismin c. Harriman, was transit , . md by a trustee, though in hermit of trust, and the question then was, whether the South Sea eJIII - or die trustee was bound to pay ? and this accost:steel ter the difficulty started in the Lord Chancellor's decision. We are MK. called tattoo to say, whether purchasers of stuck sold under forged powers of attorney, are to hate their purchases con fi rmed, MA to hold the right of receiving their dahlends. But in seder so prevent that alarm likely to be treated by the argument urged on Lhe part of the defendants, we do desitte that thin Batik cannot refuse to par subsequent purchasers of Meek, which, it) fax as they were clocerned, wee a Lee Ale purchase. The Bank is paid by the public for keeping books of registry of AU transfers ; and the Bank cannot be :omitted to say that they will refuse such purchasers full satiefaction. ii this were not so, abs. would purch..se stuck, or who could say that the stock so purchased WWI his own ? Facility of transfer is a great object, and, if par ch:wee of stock were obliged to look after all the particulene Faeces. eery to a transfer, and asecrudning the identity of the seller, transfer would soon become almost impossible. From the manner in shah Mocks passed through different hands, the number it persons selling and ouying stuck, who wan of tile same name, it would be beat to impuseible to trace out or tell who were the legal possessors of stock, no different *OM real estate. The purchasers of stock never went further than the Bank books, and Lie, we say, that the phintiff's right is not affectect by the forgery, and dint his dividend mast be paid. True it Is that the pleuit.ff knew of the forgery in March—that he dish not aitutatitnt. sate it to the defendants till the Sirembet fulluwing, aal 800 be had alto mampted tit= les brother a check fa: sonic money L. I f~ i U ii , ist I i • ; • il l ; : 1 • i . I i . ;.'