The British Press; or, Morning Literary Advertiser. — London, England, 1824-05-19 00:00:00

if • pl , 11 ,i 1 1 k i .4 considerable degradation ; nay it would, in his opinion, materially tend to the injury of the inerchrmts themselves. If success attended these new speculations, the great portion of the trade here would be put estop to; if mutual insurance companies were adopted they *told be no longer able to do the general business. fle did nut object to fair stimpetition ; hut to be fair, all the parties should be placed *equal situations ; and these new Companies , while holding out that they had capitals of front one to fi ve millions, while in reality only having ten per cent. subscribed, should not so show themselves , off to the world, if they meant to deal fairly by Lloyd's, or by the ' public. He was satisfied that many of these shares could nut be paid up, if they were required ; whereas at Lloyd's every one staked his whole property—whereas here, no difficulty in that way existed, and every one was ready to pay kis contract, and assist his' broker in the manegement of his business. By the adoption of this re v pplan , the brokers would be thrown upon their backs, and every ti,etehant obliged to do his own business. In joint stuck comps- Mai, it should be known that every one holding a share was liable to the last farthing of all his property ; let each of the shareholders , then pay up the full amount, and the 1,610 subscribers at Lloyd's would be in an equal situation with them. Each of these arch. scribers u ' l da-wrote at least to the average of 1,5001. ; so that they was obl i g ed to have a gross capital always ready to pay &Vol about Lsockew. ; and if the new companies did ten times the business Of Lloyd's, their actual capital would afford no security to their. Customers. In peace this sum was always ready to be advanced ;in war, no man could calculate the amount. Altogether, between athsaibers and clerks, there were not less than Sour thousand per sona dependent for their support on the continuance of effecting matuances at this house, and, including their wives and families, not than sixteen thousand persons. It therefore would become t%e tiorernment to pause before they placed the subsistence of so many persons in a state of jeopardy. Of the new company he believed there were not less than 100,000 shares now in the market, and* fact nearly a million of I,omona would share the little profit INA was now the support of this house. This subdivision of profit, would, he considered, be a loss to the revenue ; and even in, that point of view, the Government, so anxious to keep ups reve nue, should look to the situation of Lloyd's. lie was sorry to see that many . petsons who had done well here, were now sailing under the enemy s flag. But let the meeting see what were the grounds of which some of their old friends deserted them. Sortie said Lipyd's was inadequate to the risks—some that Lloyd's was closed almost general entry—and some that the minium' were too high. Hew stood the facts, however? In 1792 there were 300 subscribers, in 1823 there were 1610 subscribers. In 1792, the premium from f full to thenburgh, Antwerp, and from London to Dunkirk and CaL'is, was three-fourths of a guinea per cent.; in 1822 it was ire shine:es a•-.d three-pence per cent., and he asked, on that bead, what nen, ssuld be required? In 1792, from London to Leith, the pre. .1631 war twenty shillings per cent.; in lffin it was tiVe " shilhogs mid three-pence. Front Mil, to the Baltic, (a name Is- Dumbly associated with the most ruinous losses.) it was two guineas pet : now it was twenty shillings. From Petersburgh to UvOdon, before July, it was three guineas per cent.. and a few days I ago insurance was effected, even before the 15th October, at twenty shillings per cent. What would speak in. se plainly than those simple facts? No one refused to take hi, riiik at Lloyd's, and when 404 upon to pay, they were reedy with ay.). amount. In the weeks of lust yea, premiums were done as few as ten shillings to Su Petersburg!' ; and if an offer to insure at 7s. Oil. was not complied with, it multi afford no just reason for complaint. Such an offer was made upon specie going up there, and it was, as it ought to he, refused. Had a fair premium be en offered it would hare been gladly accepted. In September and October premiums were done at 20s. per cent- In 1792 which was one of the cheapest years, in every point of view, watches were insured at 21 guineas per cent., now at 305., and no difficulty made to any amount. Unfair !hip. thrown also charged against this house, and the recent case of the Nancy he kaer to form the subject of some remark; but there, though the legal tight was with the assurer, he felt no difficulty in paying the wutred. Other cases were disposed of in a similar w a v, aud it should once for all be recollected, that when underwriters defended tl.emeelves against what they thought improper demands--that their Calumet in doing so did not always adhere to the instructions' of their clients, but pursued the course they thought to be the beat ie a legal point of view. The solvency of Lloyd s was only ques tioned in 1810, when no doubt, as was said, four thousand writs were issued against its members; but that would not have been the case had the assured agreed to take a compromise. Individual tinder-writing . was safer than partnership trader-writing, and he binsself was in possession of four different cams, in which the ireltvithsala paid 26e. in the pound. whereas the partners had not paid 2a. 64. There was little difficulty thrown in the way of be. coming an underwriter, as would appear when he stated, that this year they had aeventv.four new subscribers, three years ago eighty-nine, and in the two intermediate years sixty-nine in each. It the charters of the two old Computes were in any way abro gated, it would produce a monopoly ; and the Government doing so, shsuld nuke some provision for those who would be ruined by it. This was not the period of life, of most of the subscribers, when they should be &strived of their customary employment, of their few .:oulfurts, and driven, with small capitals to seek some other mode of existence. lie gave every credit to die motives of Mr. Buxton, for his interference to prevent or lessen the slavery of in the West India; but he (Mr. Dewar) thought that he Id lave done more service to the community on Tuesday even ing, if be had interfered to cut down the monopoly of beer, than to d*rtve hundreds of the means of existence. With respect to the reduction, there were only two cases in which it was not as rapid as in that of others, and these were cases of Chinamen and Jamaica men, which were now done at 50s. one way, and 40s. the other, direct; and while pursuing the most dangerous course of her navi gation, and calling at various places both outward and homeward, only a charge of 41. 4s. ; while the rate on the regular lndianien, on some ut the finest and best found ships ever built, was six guineas per cent. In fact, he saw no necessity for new joint stock companies; on the contrary, be saw they were fraught with many mischiefs. lie thought the Government should not be blind to the alciiist patriotic exertions made by Lloyd's—to the various grants el their funds—to their conduct at the period of the mutiny at the Hare; but he feared that the Government now thought less of them thao they did in other da_ys. The trade of England was ex tended by the facilities afforded to secure it by Lloyd's: they bad malts further to extend and protect it in every part of the world sad it was too bad, that while they had pointed out the Meals and quicksands with an adventurous and liberal spirit, *then should be allowed to float along in that safe channel of the river. In conclusion, the worthy Gentleman thanked the meeting for the patjame with which they had heard him, and proposed re solutions, declaratory of the opinions of Lloyd's, that the toleration of the projected Insurance Companies was an injury to theta; and also that an addition should be made to the esistiug Committee, I for the pprpois of watching the progress of the measure in Parlia. meta. We: Cennurnt its regretted the loss of their late worthy and respectable Clipirman (Mr. 3larryatt), and he begged the attention et the meeting to a pamphlet wntten by him, which he wished to see in the bands, aye, and in the heads, of every one of the sub-, scribent to this house. He wished it to go forth to the public that wag altars-holder in the new Joint Stock Companies MIS liable in the whole amount of his property, for any and all toasts sustained l l i c r a th'e.body. lie might say to those Companies, and to the Le sture who sanctioned them, what was said by Sitylock in the p ay. •• You take my house from me, if you take away the prop which supportsit." So be said, if they took easy their support, they would take away their lives. 611".11,1tower said, that he was a friend to free trade, and if he l thought the caution of this new Company could be met by a fair oonspeptioa, he should not object to it ; but he did not think it was fair, The ilik, 7th, and 14th clauses of their proposed measure should be represented to the Government, who would no doubt give theta .every. attention. Devean then moved the thanks of the meeting to the Chair-' Than and the Committee. The resolution* were pat seriatim, and carried unanimously. Tim CliAl 'MAW returned thanks for the honour conferred upon himself and the Committee with whom he acted, and the meeting "400,844. Mr. Richardson (who accompanied Captain Franklin, in his overland Expedition to Icy Cape,) is appointed suggetia of the Plymouth division of Royal Marines. The body of the, late Capt. Edward Stewart, of his Majesty's ship Brisk, who was unfortunately drowned, , onetime ainoe,in the Medway, was not picked up until a few days since: it was so mutilated and decayed, that it could only be recognised by his uniform, watch, &c. found uron it. The remains were interred with military honeurb.—l caonshire Freeholder. Is is miu that Mr. C. Wilson's celebrated horse Re former, which so cleverly won the July Stakes last year, at Newmarket, and is now second favourite for the Derby, has been purchased by the Earl of Darlington for 3,000 guineas. His Lordship may now be said to possess three of xhe finest horses in England. Barefoot, the winner of the St. Leger • Swiss, the winner of the Champagne fitakes, and fi rst favourite for the next St. Leger ; and Reformer. TE/SgLiTED PAVEMENT DISCOVEILED AT CI ItENCES• 1 the sth inst. as some workmen were employed in removing a mulberry tree, near Barton-mill, at a short distance from one of the entrances to Oakley Park, the scat of the Karl Bathurst, in this 'county, they discovered me tesselated pavement ; and pursuing their search, by the direction of his Lordship, who immediately ordered a tent to be erected over the spot to protect the pavement fiat° the erects of the weather, it was ascertained that the curious remains must have been the floor of an apartment. The subject is presumed to relate to Orpheue, as the centre figure is seen with one hand resting on a musical instru ment, and surrounded, as the classic legends describe the great master of song, by the quadruped and biped auditors, tile -liercenees of whose savage natures had been subdued into gentler.ees by the magic ebanu of his melody. A•nongst other objects are distinctly seen a lion, a panther, and various beasts and birds, the greatest excellent preservation, and the colours whole of the tesserie yet developed 'out 12 feet square, one corner of iutilatexl by the workmen before Irieeity was discovered. Already antiquity attracted a vast con iourriaL To HIS ROYAL HIGHNESS the COMMANDER IN CHIEF. Witle every days newspapers inform me of the paternal care exhibited by your Royal Highness for the improve ment of different classes of my fellow-countrymen---of the African—of those inhabiting almost every regiod and every clime—allow me to call your attention to a subject, which I feel need only be mentioned in order to secure your Royal approbation and encouragement. I allude, Sir, to the condition of the children of the subaltern officers of the British army, who arc at this moment, as they have been for a series of years, destitute of the means of education. Looking at the present march of mind, education is absolutely necessary to the advancement of all ; but how much stronger is not the necessity for the children of the j poor gentleman, in order to enable them to struggle on in a world, only respecting men for wealth or title s or the other moral means of acquiring them. Many of ' Beers have been obliged to leave the service in eon sequence of having large families ; and it must be clear to every man, that the half-pay cannot enable a subaltern to support—nay, to obtain the common neees varies of life, much less to confer the blessinf of a pro per education on his children. What then, Sir, is to be come of them ? What must the feelings of the parent be? Ile has spent his youth in his country s service—he has braved and conquered every foe—his life has been devoted to his profession—be has at last grown grey ;—and at such a time, and under such circumstances, the unfortunate j subaltern is placed upon the half-pay, s u it his children, though they may not feel the pang of hunger, or the want lof raiment, are denied the chance of earning an honest livelihood, for they are denied an education. his unnecessary to dilate upon the utility of education, upon its great and incalculable advantage to nations, as well as to individuals: the thing is obvious to every re fleeting mind, and to none more entirely than that of your ; Royal Highness. The higher class of officers have Sand ; burst e'ollege ; a few Lieutenants of the Navy have a chance at Christ-Church School ; the soldiers and non-commissioned officers have the Asylum at Chelsea ; and the class of subaltern o ffi e2rs is the only one without 1 the benefits a school confers. The simple mention of this melancholy fact is enough to excite attention, and call for alteration. This country is too generous to deny the means, and your Royal 114,-liness tco enlightened and too benevolent not to cull for them. It is only through the agency of a free press that suggestions of this description can, with effect, reach the ear of power—though I know that a private appeal to your Royal I 1 igliness's generosity never fails of receiving a prompt attention. There are other topics connected with this subject, to which I shall take the liberty of adverting on some future occasion ; but it may be proper for we now to state, that this appeal would not be made to your Royal Highness or the country, if, thank Heaven! the glory of our arms and the wisdom of our rulers had not placed Great Britain in a state of un exampled prosperity. Edo perpctuo! I have the honour to be, your Royal Highness's devoted and very obedient humble Servant, A FRIEND TO Till Away. London, May 16. SHIPPING INTELLIGENCE. CUSTOM-HOUSE, MAY 18. ENTERED INWARDS. Vissery, Iryidechuyt (Holman, broker), from Woreum. Jane and Mary, Coate/ (Caatendieck), from Ilamburgh. Rambler, Hunt (Cohen), from ditto. , -part of which ale in excel!' vividl7 bright. The whol oczuptes a space of abaul which was accidentally nit t h importance of the curl this veatiga of /Oman course.—Gluicestee Joungs FROM LLOYD'S LIST. FALMOUTH, MAY 16.-- Arrived his 3lesty's ship Grasshop. per, from Plymouth. Sailed the Louisa, Robertson, for Peters burgh. PLYMOUTH, MAY 18.—Arrived the Wanderer, Dixon, from Hamburgh. POILTIMOUTM, MAY 17.—Arrived L'Aigle. Starbuck, from the South Seas and Rio Janeiro : she has on 'board the King and Queen of the Sandwich Isles, and several Chiefs, come to England to pay a visit to his Majesty George IV. Also arrived the l'igi last, Fox, fmm Cadiz; Zephyrus, Wilkie, front Carthagena; Exmouth, Owen, from the Downs for Bengal; and Princess Royal transport, from London. HASTIXOS, MAY 17—Three French frigates passed here this day, from Brest for St. Petersburgh, viz. the Kmg of Arethusa, La Guerre, and La Peime. Dovnn, MAT 17—Arrived the Monarch, Haywood, from Galin, with the corpse of the late Duchess of Devonshire on oard. Max 17.—Three large frigates are passing this after. noon, at the back of the Goodwin Sands, steering eastward ; no colours shown. Passed through the following outward-bound yes. seta, via. Marquis of Anglesea, Henry Cox, Ark, Triton, Colville. Criterion, Thetis, Zephyr, Calypso, Speedy, Elizabeth, Brunswick, Orwell, Naples packet, Nestor, and Vigilant. Remain the lady Raffles, for India; Ilan Romney, Woodpark , Catherine, Thomas,' and Earl Talbot. Of Dover, the Agile, —, from Havannah ; and Wilhelmins, —, from Surinam. . . . GRAV ESE ND, MAY 17.—Arrived the Provident's, Agra's, and Scotia, Liddle, from Norway; and Mary, Iludson, from blemeL Sailed the Britannia, Evans, for St. Kitts; Abeona, Bluskaller, for Newfoundland ; Britannia, Edmond, for Ilamburgh ; Eddy stone, Dale, for Prince Edward's Island ; and Louisa, Baran, for Lnger:tie. The Unity, Drysdale, from Alloa to Loudon, was totally wrecked near Cromer on Saturday; crew saved. The Royal Charlotte, extra Indianian, arrived at Portsmouth on Thursday from Bombay and St. Helena; she left the former place its January last. The Prince Royal, Clowes, from Liverpool to Malta, was chased off Sardinia by a suspicious schooner, but going at the rate of 10i knots per hour, outsailed her, and the schooner stood in for the Barbary coast. The Prince Royal was only It days from England to Malta. 1 he Charles, Joy, arrived in the Channel from New Bedford, spoke on the 2d inst. in lat. 44. long. 211. the Medea'. of London, under a foresail, having lust her main and waren masts in a gale on the 28th ult. THE ARMY. The second division of the Glst (South Gloucestershire) regiment of foot has armed at Cork from Plymouth. The 71st (Highland Light Infantry) regiment has arrived at Cork from k errnor. The first division of that corps embarked at Cork on the 13th instant, on board die Indian Trader transport, for Halifax. . . The second dim= of the 94th regiment of infantry will embark forthwith at Greenock for Gibraltar. The second division of the 34th (or Cumberland) regiment of foot will embark in the course of a day or two at Portaruoteli, for Dublin. Admiral Sir Isaac Coffin has been granted a patent for an invention to catch mackerel ; a drawing of the ma chinery and specification is at the office of the Mayor of Limerick, for the inspection of fishermen.—Cork Southern Reporter. SHOCKING ACClDENT.—Yesterday morning, about ten o'clock, a fine young man, of the name of Dever, son of Mr Gearge Dever, of the Slinories, was parsing through Newington Butts, on a high-spirited horse, when the animal taking sudden Night, reued and plunged so violently as to precipitate his rider into the road upon his head, by which his skull was fractured. lie was • y earrerycd into Mr. tides, sinter, at Newing ton, who rendered every assistance that could be given, and who accompanied the unfortunate Gentleman to Job's ward, lluy's Has. pita!, where he remains in a hopeless state. FATAL Arrasy.—On Friday se'nnisht, a young man of the name of Kinmont was killed in the vicinity of Dunning, under the following circumstances:—The deceased and another man were conveying away a Mend, who had been on a visit, and, on_ passing a field where a Mr. Mailler, a fanner, was ploughing, K inmont went aside to the latter , and provoked a conversation tending to irritate, upon which ,3lailler desired him to go away. The deceased still persisting, a violent scuffle ensued, of very doubtful issue, till M miller, having regained his feet, lifted a stone, which he threw at Kinmont, and struck him on the bead, near the ear; the latter fell down senseless, and was conveyed to the nearest house, where he expired in about two Imam. 'Radler has been taken into custody, and lodged in the gaol of Perth. It is said the deceased was much intoxicated —Edinbmrgh Paper. At ARMING FIRE AV KICIIMOND BARIIACRR.—YeitEE day, about two o'clock, a fire. of a most dangerous and alarming nature, was discovered at the Richmond Barracks. The Commis. nary engines RCM alone for some time endeavouring to extinguish It. The engines of the different Dublin Insurance Companies ware speedily in attendance. At seven o'clock the fire was got under, after great rtertions o but as the flames rapidly spread, using to the high wind, not before the Quartcr.Master General's store, where ' ' the fire originated, together with one of the wings of the building, , containing accommodation for 800 or 1.000 men, were completely destroyeL The Commander-in-Chief and many officers of rank I were ou the spot, u * ng every exertion to arrest the dtstructite clement. —Dublin Errning Post of Saturday. One evening lately, as the servants of a farmer near (7411- • rots were servo! with their usual allowance of milk, one of them, • young man, after taking a mouthful or two out of a jug, in • which he had received his portion, thought that it tasted strangely, when tasting it a second time, he observed it change to a yellowish • colour. Ile then showed it to his master, who caused an inquiry to • he made into its contents, when it was ascertained that the milk contained some poisonous matter. Suspicion has been curbed to a servant girl woo has since absconded ; and some altercation with • a sweetheart or the girl is sampled as the cause of the rash at.' tempt. It is fortunate that the lad escaped with only a slight bead. ache fora day or two.—Ertialtorgli (Aar vet-. LAW 12VTELLIGENCIr. COURT OF CHANCERY, TUESDAY, MAY IL JUDO3I ENT. IN TILE NATTER OF SMITH, A SOLICITOR, STRUCK QFT THE ROLL. The Loon Cut xcerion, having taken his seat on the bench, said, that in the MSC of Mr. Smith, a solicitor, who had been struck off the roil by the Court of King's Bench, for subornation of forgery, he did not know whether Mr. Hart (the Counsel fur Mr. Sniith j had seen the affidavits sworn against Mr. Smith, and the sworn oontradiction of them by Mr. Smith. His Lordship was convinced., by his 'scrotal of these doeumehts, that the Court of King's Bench did not bring their investigation of this cause to a conclusion, in the light and superficial manner which had been stated on the part of Mr. smith. It was submitted to the consideration of 3lr. Justice Bayley, of that Court, after the Muster had made his report, and after the Court had come to their decision. The affi davits were laid before that Learned Judge, affidavits containing direct contradictions to each other, and of course very gross perjury ; Mr. Justice Bayley considered those affidavits, and delivered his conviction that the Court of King's Bench could have done no more nor less in the affair than it had done. His Lordship (the Chancellor) felt himself bound to state this, as the character of the Court of King's Bench was in some degreeinvolved in the ultimate decision of the question. There was one most important fact al legcd against Mr. Smith, and not contradicted by him—viz. that Ho hauler was absent front the town of Nottingham on the day (the Bth of May) on which his name appeared to have been signed in Nottingham to the bail bonds prepared by Mr. Smith ; it was fur. they alleged, that lie did not morn Ito Nottingham till the 9th, the day after that on which he was represented to have been in that town. If that allegation of the absence of %Vheasley could be con tradicted, his Lordship should be very glad to see it contradicted by an affidavit. Ilia Lordship regretted to see it in the adventeaffi davit& There was another fact which his Lordship saw with sur prise—ntsy, with astonishment. and that was, that Mr. Smith re- tainal in his employment such a character as he bad described and sworn this Il'heatley to he; his Lordship considered this as great an offence in .11r. Smith, as that for which he had been turned out of the profession by the Court of King's Bench, and one for which his Lordship't Court would have considered him tit to be struck off' the rolls. On every consideration which his Lordship had given to it, even on the point of humatity, his Lordship's impression was, that it was impossible to conic us any other conclusion than had already been come to by the Court of King's Bench. His Lord ship regretted to he obliged to say that the affidavits of either side contained the grossest perjury he had ever seen ; he wished Mr. S. would contradict the a&gatiun of the absence of Wheatley from Nottingham. His Lordship was determined that the fact should be tried by a Jury, and the offending party might expect to receive the severest punishment. Mr. Smith said lie should certainly contradict the allegation by affidavit. . . Mr. HORNE. the Counsel advmse to Mr. Smith, expected that the afiidavit shouts be submitted to Ins inspection before It may be laid before his Lordship. COURT OF KING'S BENCH, TUZSDAY, MAY 18. Their Lordships sat is beset), to hear arguments upon special cases. MORGAN v. PARE. --...... .....__. This was an action of tissumpsit, tried at the last Lent Assizes, and a 'cutlet was found for the plaintiff for 4s , subject to a special case. Several points were raised, but the only point really in issue was, whether the plaintiff; a publican in (heat Yarmouth, was bound to pay a fee of 4s. to the defendant, Mayor of (heat 'Ver mouth, on renewing the plaintiff's licence. Mr. Rorrr. argued for the plaintiff; that the statute of Edward VI. which authorised certain fees upon recognizance' entered into by publicans, did not authorise this fee; and that immemorial usage could not be 'dewiest where the origin is clearly within memory. It was to be contended on the other aide, that the plaintiff had cot given due notice of his bringing this action, and that he had paid in his own wrong. To this he answered, that no notice was required, fur ther than in cases of money had and received. As to the payment in his own wrong, it ought to be recollected that the plaintiff was in a sort of duress; for it he did not pay, he could not have his li cence. Mr. Justice BaeLEY—ls there not another ground--that a ma gistrate must act for the public good, and cannot make the payment of a fee the condition of • licence ? _ Mr. Rorsz—Yes, he had thought of that argument. If a li cence was refused on the ground of not receiving a fee, it would be indictable, and was in fact corruption. Mr. DOVER argued for the defendant, and in reference to the', last point suggested by one of their Lordships, he would take this defensive position. If the defendant took the fee as a justice of the peace, he was entitled to notice in terms of the statute of George 11. The Loan Cuter T rtIT IC E—There is a case against you on that point, where it was held that that statute applied only to acts done in the characterofjustice of the peace, and not to receiving RICIORy. Mr. DOVER proceeded to argue that the fee was supported by immemorial usage, that it was recognised by Act of Parliament, and that it was for a reasonable consideration. The 1.01113 Cu irr JUSTICE, on the first of these points, said it was impossible there could be immemorial usage in a matter which originated within memory, licences being not older than the bth and 6th of Edward VT Alr. DOVER inbmitted that this usage of taking a fee for au thorising the keeping of an ale-house within the immemorial borough of Great 1 annouth, might be presumed to be immemo rial. There was evidence given of usage for SS years, and no evi dence had been offered on the other side to rebut it. The boar) Cutzr JUSTICE said that was since the Aet of Ed ward VI. AIL DOVER went on to his second point, viz., that the fee was recognised by Act of Psrliament. The Act transferring the au thorny of two bailiffs to a mayor—reserved all fees usually paid. But he relied still more on the reasonable consideration. It was like giving liberty to exercise any trade in a borough. In the city of !.anion ale-tees were paid to the Lady Itlayoress. It was not qua Justice of Peace, but qua Mayor, that the defendant claimed the fee. Ile then contended that the plaintiff could not recover hack his money, even if it ought not to have been required. It was a voluntary payment, and made more than once without any protest. Ignorance of law could not be pleaded as ground of action to recover._ ..... The LORD CHIEF JUSTlCE—lgnorance of a local cu4tom may be very different from the ignorance of th e p u bli c l aw o f t h e land. _ _ Alr. Dovxa referral to a ease in which it was held that money paid for standings in a market could not be re c o vere d. Th e Mayor had only done what he conceived his duty. It had been the practice of his predecessors , and he could not abandon it without compromising, as he conceived, the rights of the bo rough. The LORD en lEF JUSTICE was of opinion that the plaintiff must recover. It could not be presumed that there could be an immemorial usage of taking a fee for licences which were not re quired before the tune of Edward VI. If in the particular borough the common law was restrained before Edward VI. he would not say whether that usage would be legal or n o t, but it must be established by different evidence from that in this case. No no tice was necessary, far the fee was not taken in execution of his office as Justice of Peace. With respect to voluntary payment not being recoverable bad been extremely well argued by 3lr. Dover ; but to make the objection good, the parties mug have been on equal terms, which was the fact in all the cases referred to, but that was not the fact in this case. 'Mr. Justice BAYLEY was ofthe same opinion, for the same reason*, and for the additional reason, that it was contrary to the principles of public policy that a magistrate, g ranting a licence, ought not to be even exposed to the bias e l any fee. Mr. Justice llot.novo thought that if the bnmemoriaßusage in this borough were proved, the considerations mentioned by his brother Bayley would very materially apply to the legality of that usage. Mr. Justice LITTLEDALE was of opinion that the defendant, acting, as a public officer, could not exact a tee for performing a public duty. It could only be claimed on the plea of prescrip tion, or of an Act of Parliament. 'that pie.' entirely failed in thin cote. Notice was not necessary in this case, as the taking of a fee could not be held as a judicial art. Neither was the payment voluntary, since there was a sort of threat depending on hue refusal, and the plaintiff must be held to be in duress. Postal for die plaintiff. VierVitri OF sunrms. • __ • - Ills 111amty's warrant was then read, audtoruung any two or more Judges to sit at beigeanes•lnn, or nny other place. on Tues day, the Ist of June, until Saturday, the Sat June, and again on edeaday, the lhh of June, until the eantneucement of Trinity Term, fur the despatch of such buhincsa u may remain undisposed of in the present Term. REVIF:LI. r. LUCAS. This was a ease tricell;ife;;;the.l.;;tierlief Justice, in which a point was rmened as to the admissibility of the evidence of an attorney. It appeared that a person, named Nokcs, had called upon the attorney, to consult him whether it would be safe for him to attend a fleeting of his creditors. The attorney advised Kokes to remain at his office until he obtained a safe conduct from his cm. ditora. The question was, whether the attorney could be exa mined as to the declaration made atlhat time by Noises, with a ' view to prove that an act of bankruptcy had been committed. Mr. F. l'obtmcit, fee the assignees, this day contended that the evidence of an attoraey was admissible as to any matter alien to his business and character as an attorney, and where it did not ' apply to any matter of fact confidentially entrusted to him. The :• four.oation of the exception to the evidence of suorneys was the necessity that persons were under, either for their defence or to ! enforce their rights against others, to communicate to their legal ' advisers what would otherwise remain locked up in their own breasts. In support of this opinion, the Learned Counsel cited seeerai cases as his authority. The quettimi here was, whether an net of bat.itruptey had been committed ? The intention was part of 1 the act. Them could be no distinction between the act of staying , at the attorney's Oboe and the atavism with which lie remained.' I Tie d.claration of the bankrupt was part of the imgeste. It was • impossible to fin zatv what injusabe might be warkeiL if a court of 1 law could get at a fact, without getting also at the accompanying • eireuntstarms by which that (set received its true character. The act of Lankraptcy was comfiest,' by law as a crime. The poverty or insolvency of the bankrupt was in itself no crime, but his avoid. ante of his creditors rate; was an attorney, who was casually witness I to a crime, io refuse to icier evidence, under the pretext that the party come to him to consult him as an attorney ? The greatest incomrenimee must result to the public from such a principle. Mr.. 10 H If M. I 1.1.1 A v. 4, on the other side, referred not only to the recent dexisim of the Court of Common Pima, but several eases of Nisi l'rihs, tu which it was held, that a caounanicsaioa made confidentially to an attorney, in • cause actually pending or 10 contemplation, was privileged. Mr. Potent a, in reply, admitted that the privilege extended to any suit expected, in the largest sense of the word, but not to mat ters casually falling within the knowledge of an attorney not em plojed in the case. The Loan CutEr JUSTICE said, that as there were several conflicting cases of Nisi Pries:, and the recent authority of the Court of Common Pleas, the question deserved great conside ration. Judgment deferred. HIGH COURT OF ADMIRALTY, TUESDAY, MAY 18. THE ELIZA ANN. This was an appeal front the Vice-Admiralty Court of Jamaica, 'hick had condemned the above vessel, with its cargo, foe a viola tion of the 211th Geo. 111. which prohibits the importation of corn, dtc. into any of our Colonial possessions, excepting the same be 'British property, and in British vessels properly manned. It ap peared that a quantity . of corn and flour had been conveyed in the Virginia Ross. which is an American vessel, commanded by Capt. Lowe, from the United States, to Cuba, and there landed on the pier, from whence it was immediately shipped on board the British vessel, the Eliza Ann, and in that vessel conveyed to Jamaica, Captain Lowe accompanying the vessel in the capacity of Super cargo. On the Eliza Ann reaching the port of Falmouth, in Jamaica, a seizure of the vessel and cargo was made, on theground that the property in the corn remaining in an American subject, its importation was prohibited. On behalf of the appellants it was contended by Dr. LI:SUING TOE. that the 68th Geo. 111. had so far modified the 28th of the smite King, as to allow the importation of corn and pulse in British vessels, from either the foreign Colonial possessions, or from the I Continent of America, without requiring the cargo to be the pro perty of a British subject. He also denied that the circumstances of the case justified the inference that the propert' in the corn re innined in an American after the shipment from Luba. His hlajesty's ADVOCATE admitted the question to be one of considerable importance, and on which he was tree to confess that 1a difference of opinion prevailed between his Mir eary's Advocate, and the Attorney-General of Jamaica. In reviewing the whole 1 circumstances of the case, he contended that no doubt could exist but that the property in the corn remained in Mr. Lowe at the time of its being brought to Jamaica ; and that the designating Mr. Lowe supercargo, was a mere subterfuge. He denied that the 68th Geo. 111. took the case out of the operation of the 28th. The letter statute was only meant to apply in cases where the im portation took place the entire distance from the place of growth in a British vessel, and he contended that the conveying of a cargo a part of the distance is a foreign vessel, and thence transhipping it into a British vessel, was not a compliance with the spirit and true meaning of the 68th Geo. 111. and could not therefore protect the vessel from the penal liabilities of the 213th. Dr. JENNER followed on the same side. Dr. LUSIIINGTON in reply, argued that the s&h Geo. 11 1. would not admit of the construction attempted to be given to it Ly his Majesty's Advocate. Lord:sr ow ELL announced his Intention of pronouncing judgment on the next Court day. POLICE. cll.TlLpun lAA James Ncrris, a stout ill-looking young fellow, was fully com mitted for stealing a reticule containing some articles of trifling value. The robbery was impudent enough. A Miss Elisabeth Betts bad knocked at the door of the house where she resides, in New Union-street, hloorfields, and was waiting to be admitted, about ten o'clock on Sunday night, when the prisoner and another came by, snatched away her reticule, tore her dress, and ran off: The prisoner was overtaken, but his companion escaped. A well-dressed mon, who gave his name James Ilartwell, was charged with fraudulently obtaining a hat from Mr. Hick, No. 61, Chcapside, hatter. (in Saturday night, it seemed, the defendant went into the shop, and having bargained for a hat, Brewer, the shopman, inquired in what name, and where he should send it. lie replied, Edwards, 76, Aldermanbury," and the porter was despatched with it, about half-past ten o'clock at nigh:, but without instructions whither he was to wait for the money or not. He found the prisoner standing at the door, delivered his charge, mentioned that the bill was within the box, and the gentleman making no offer of payment, the porter concluded all was right, and retired. Early on Monday morning a visit to demand payment was made to the house, which till lately had the name of Edwards over the door, but which ap peared to be an empty warehouse, and admittance could not be obt►ined. !dr. Edwards, the former proprietor of the house, attended, and denied all knowledge or connexion with the prisoner, who was com mitted for triaL BOW-STREET. Yesterday Jamey Lawrence, otherwise Jamcs Lintot, was put to the bar, charged with robbing his employers, Messrs. Tyson, of Regent -street, of money to a very considerable amount. The pri. toner had before been to custody, but was supposed to have re formed. It has, however, since been discovered that he cohabited with a girl in Shire-lane. One of the partners in the firm attended to make out the case against him, and Avis and a brother officer were instructed to lose no means oefinding out where the property was. The ptisoner was informed that he would be again brought up, and some money and clothes found at his lodgings were given to him. Ile was remanded accordingly. ABDUCTION. [From th7/Mrt7l impoefiaq Few eases of Abduction of a more aggravated complexion than the following have ever fallen under our consideration :—The rights of hospitality were violated--tbe feelings of humanity outraged— the ties of blood robbed of their natural effect, and a savage ferocity displayed throu”hout the whole transaction that would have dia. gra.. the Blacks of Ashantee. Much to the credit of our towns, we know not of an individual of any class in them, who does not express his abhorrence of it in the strongest terms that language can supply. But we hasten to let the reader judge for himself. Mrs. S. of —, in the Barony of ----, mine to Ballina, about three months ago, on a visit to Mr. George Rogers. who has a numerous, and now grown up family ; she was accompanied by her accomplished niece, Miss N., who had just attained that age when the female person displays its perfect symmetry, and its natural charms are developed with greatest advantage. To add to these gifts of nature. Miss N. had another perfection, generally better prized by love-sick adventurers--she is rich, having a handsome fortune in her own right, and great expectations from two aunts, whose affections she had gained by her kind and endearing conduct to wards them. _ . . _ . - All these advantages bad their due effect upon every individual of Mr. Rogers's family. So much beauty, and (what was more important) so much n.oney, should not be let slip through their fingers. It was, therefore, determined in full conclave, that John, the eldest of several sons (who are all bachelors), should try his fortune. The word was, have her—honourable if you can—but have her ! ! _ . _ This hopeful prop to the honours of the family immediately commenced the campaign ; and having besieged his fair virgin for acme days with his uncouth attentions, at length disclosed the flame that burned within him, and asked her consent to make him happy. Bliss N., surprised at such conduct, remonstrated with him, and after using many dissuasive arguments, concluded with assuring hini that she was already pledged to another, with the ap probation of her friends and consequently no longer at liberty to dispose of herself. She immediately disclosed the affair to her aunt, and directly set about making preparations to quit so inhospitable a mansion; but before they could set out, Ales. N. was seized by a violent dysentery and infiammation,t and their visit was conse quently mtracted until Thursday last, when it was finally resolved they should take their departure. The Rogerses, in the mean time, finding Miss N. firm in her resolution, planned the outrage which exhibits them to the execrations of the public. M the night of Wednesday, at the hour of eleven o'clock, after Mrs. N. had got into bed, and Miss N., in her night-clothes, was about to enter, two men, with their faces blackened, rushed into the room, and throwing an old cloak about her, hurried her out with the utmost violence, notwithstanding her shrieks and excla mations; when outside she made a violent exertion to regain the room, and was entering, when one of the young Messrs. Rogers dashed it with such force against her, that she was thrown upon the flour by the shock. Again she made an effixt, but it served only to wedge the long tresses of her hair between the door and the iamb, from which there was no possibility of extricating it, as the mum Inside kept his bock firm against it, lest Mrs. N. should rush our to aid her niece; the young lady'sassailants, therefbre, dragged her suddenly away, thereby tearing her hair from the roots; she was then hurried off by several men to a retired cabin, about ten perches from the road, where every means were used to deprive her of her virtue. Threats and persuasions were alternately used; but her dignified demeanour and detemiiaed conduct discouraged her brutal keeper from making any approaches to her person. `That, therefore, he dared not attempt by force, the pusillanimous wretch sought to accomplish by stratagem. lie requested she would drink • glass of wine to recruit her spirits, which were extremely low through fatigue and exhaustion ; but on putting the cup to her lips she found it contained laudanum. She therefore dashed it from her, still preserving a little in the cup to prove the infamous tion of the giver. Morning now approached, and the time for accomplishing his savage purposesby force was gone by. The family, therefore, sent for the clergyman to reason with her, and persuade her to marry him. The physician in attendance on 'Mrs. N. was also sent for. They found the young lady guarded by her ke e pers ; she was great. ly agitated, and nearly overpowered by her feelings. On seeing these gentlemen enter the cabin, s he rushed t o m ee t them, and called them her deliverers. She had now, she said, nothing to fear. With such persons to protect her virtue,. site could openly bid hint de. fiance, and triumph over his b ru t a l hostility. She protested strong. ly against any interference on his behalf, and declared in the moat pointed terms, that if he were the only man remaining of the human race, she would nut marry him. They might, she said, go through a mock ceremony, and consign her, by violence, to his will, but she was fully resolved not to outlive her dishonour ; if no other means were left her, suicide would save her from so infamous an anionic. The gentlemen at length prevailed on Mr. Rogers to !ether go ; his my tosidons had already slunk from the blaze of day ; she was therefore re-conducted to her aunt. A coach havir.g been sent for, they set off tor Crossmolina, escorted by Mrs. N.'s physician. The Magistrates offered a military escort, but this the gentleman thought proper to decline, thinking at unnecessary. On the next day, he , lag somewhat recovered from her fatigue and agitation, she lodged informations before a bench of Magistrates, who assembled on pur pose to investigate the matter. We trust it will be followed up in such a manner as will evince thestron• terlingof horror which such a savage outrage its &Christi= country is calculated to excite. DISGRACEFUL RIOT AT rim minN.rsTx HOSPITAL. On Monday night, a few minutes after eight o'clock, • wo w „, traordinary and disgraceful scene took place around this Hospital which, on Inquiry, we find originated in the following manner : An Irishman, who had been carried to the Hospital, b aei „ fallen from a building, died on 3londay eveni ng o f the injuries re! ceived. Scarcely had the man breathed hit last, when a • ony a who had remained with hint left the Hospital, and informed he ; country people residing in St. Oiles'a and Mary-la-bonne of the d e . cease of the man, and said unless they made haste he would b e made a " subject" of. This was sufficient to arouse the feeling s a t the inhabitants of the settlements, York-place, Oxford-buildinga and Cato-sheet, where the lower orders of the Irish vegetate; and as it is well known they have a prejudice, not easily dissipated, u . their aversion to have the dead examin ed id (or surgical p urposes, they instantly proceeded in greet numbers to the !lo o piest, an d e . I mended the dead body of their countryman. The Conductor s of the Hospital endeavoured to reason with them, and reminded them th at the body could not be removed without the decision of a Coroner's Jury. Ilut this kind of reasoning had no erect is assuaging the temper of the mob, who began to display the utmost violence. anti outrageously took possession of the Court-yard, and every avenue to the building, demanding, with furious gestures, the body oldie deceased. They finally assuming a threatening aspect, the do om were closed, but were as often burst open, and furious sumps wer e made to rush into the interior of the Hospital, but Me Alex- I ands, the Secretary, and a host of medical students, stood in the breach, and withstood the attempt, until Staples. Hooker, soil Morris, of the Mary-la-bonne oiler, arrived, and dye, way through the mob, cleared the avenues, and calling oath?, of the infuriated mob by name, advised them to retire, or the,/ would be taken into custody ; after remaining a short time long e d, and finding no chance of getting away the body, they departed The porter of the Hospital was severely injured in endeavouring to repel the attacks of the mob. The Inqueat will be held on the body this evening. SPORTING INTELLIGENCE. NEWMARKET SECOND SPRING MEETING, I. MONDAY, MAY 17. Sweepstakes of Meows. each, h. R. for fillies, three-yrs old. fist. 41b. A. F. Those named in the Oaks Stakes to tarry 31b. extra. Duke of Grafton's Pucelle, by Muly, out of Metiora - I Duke of Portland's sister to Guerilla Duke of Portland's by Teas& - le, out of Vau!t ress ' darn -pa Mr. Pre/We/gases by Soothsayer (31b. extra) - .Pd Lard Grosvenor's Bertha . - - to Three to one on Pucelle. Mr. ()restlle's Premium, tilt. 91b. beat Mx. Fox's c. Negro, by Comm', out of Lady Era, 7 st . 21b . A. F. 14111 lova Three to on Premium. Lord Orford's Addy, Bst. 11b. beat Dlr. Wilsea's Pedrillo, est. 41b. T. I'. C. 100 son. Five to 2 aest Addy. Mr. Rsmshottom's Cephalus, llst.llb. beat Mr. Udnv's c. by Woful, Bat. 71b. 111. 100 son. h. R. ito 2 apt Cepheus. Duke of Grafton's Pastille, ast. oth. apt Mr. Hunter's Grey med, 8.1. R. M. 100 sous. Dead heat. 2tol on Pastille. Mr. Williamson's gr. f. by Aladdin, rec. ft. from General Gros venor's b. f. by Blucher, Ost- 21b. each. 1). DI. 100 sous. h. ft. Rooms, NEWMARKET, Mill" Is, TWELVE o'CLocz. STATE OF ODDS. DERBY. 4 to I apt Saab 54 to 1 apt Reformer 64 to 1 agrt Elephant 8 to 1 apt Agnes 9 to 1 apt Cedric 12 to 1 apt Osmond 17 to 1 apt Don Carlos 20 to I apt Skiff OAKS. 2 to 1 apt Cobweb 9 to 1 apt Viscountess 4 to 1 apt Rebecca 11 to 1 apt Miu Jigg 7to 1 apt Gen. Groavenor's 13 t o apt Milo Two No betting on the St. Leger. MARKETS. 1 From the Loudon IVe • Price Carrelll SUGAR.—There were very few good S uga rs on sale laid weer; one or two parcels of fine quality realised r ath er higher prices, bk. a 665. fid.; the quantity of good offering was however so limited, that few sales were effected : the low brown qualities, on the mo. trary, were so pressed upon the market, and the holders so anxious to effect sales, that a reduction of fully Is. per cwt. was submitted to, brown Jamaica selling at 545. Several parcels of newly landed Sugars are on sale this momini ; the market, howev er , continues languid, and only the g oo d escriptione are inquired after: there is no alteration whatev er i n t e prices since Friday. In the Re fined market there was little alteration to notice ; there were consi derable inquiries, but the tales erected were not extensive; the prices were unvaried. Molasses were 265. fid. The only demaad for Refined for export is small parcels for the Mediterranean ; the chief purchases are still made by the wholesale "TOMS ; there are no alterations in the currency this morning. Molasses steady at 26*. 6d. In Foreign Sugars no purchases by private contract were reported. IMPORT DUTY ON SUG.lll.—The important Bill in Parliament allows Sugars from the Mauritius at the lame duty as front the West Indies. COFFEE.—The public sales last week were very extensive, and the bidding' were continued up to a very late hour each day ; not. withstanding this immense quantity forced upon the market, the prices of most descriptions were fully supported middling and Hue Coffee with colour sold at rather higher rates ; all the Foreign Coffee sold on the previous terms • good ordinary St. Domingo at G2s. a 625. Gd., fine ordinary at 64. ; the only qualities which sold at reduced prices were the ordinary desaiptions of British Planta. tion, which sold uncommonly heavy, at a further reduction of 2s. per cwt. There were again five public aides brought forward this forenoon, and they continued selling up to a very late hour (half. past three o'clock) ; the market is exceedingly firm, and the greater proportion of the extensive sales are disposed of ; good to fine er. dinary St. Domingo 631. a 645. 6d. • colour fine Coffee still rates high ; fine middling Jamaica sold Itids. a lila. 6d. the very or. dinary qualities and Demerara are the only Coffees which sell low. COTTON.—There was a good demand in our Cotton market last week, and the sales amount to about 2,806 bales, all in bond. LIVERPOOL, MAY 15.—Our Cotton market has been rather dull this week, and the prices of the loner qualities of Bowed and Orleans are a shade lower in consequence. HUAI, BRANDY, and HOLLANDS.—the Rum market is little varied ; there are, however, fewer parcels pressed upon the market, and generally the contract with Government has a fa. rotatable effect. Brandies are very heavy ; free on board to arrive. sellers at 21. Bd. In Geneva there is little variation. 11E5IP, FLAX, and TALLOW,—The demand for Tallow continues limited ; there is not the slightest variation in the prices new yellow candle Tallow 345. 3d. a 34a. 6d. ; old Ns. 6d. • 335. 6d. Hemp steady ; St. Peteraburgh dean, for parcels hers, 351. 10a. • 331. 15s. In Flax there is little alteration to notice. Tallow for June and July delivery. 3t ; for July and August shipments, 365. 3d. ; free on board, 295. 10d. Hemp for July and August shipments, 331. 10a. SlLK—There is no alteration in the prices of Silk, sad very few purchases are reported. In manufacturing of Silk, the volition are extremely busy. OILS.-I{y public sale last week, pale South Sea Oil sold 211. 10s- a WI. Seed Oils are a shade lower ; in other descriptions there is no variation. Greenland Oil for this season's fishul, is nominally 201. a 211. ASHES.—The public sales last week went off freely. Pots 33a. a 33a. 6d. ; Pearls 361. a 395. There has been considerable spe culation, and nearly the whole in the importers' hands have been taken at 30s. • 40s. ; the latter is now offered freely. IRISH PROVISIONS—The holders of Beef COlgißie anxious to effect sales ; the few purchases of Pork are at rather lower prices. Irish Butters for shipping are firm ; the opening prices in Ireland are very high ; Dutch Butters are rather lower. BIRTH. On Monday evening, in Hill-street, the Lady of A.W. Roberta Esq. M.P. of a daughter. MARRIED. On the 11th instant, by the Rev. P. E. Minim the Rev. H. H. Milmso, Professor of Poetry in the University or Oxfattl, and Vicar of St. Mary's, Reading to Mary Anne, youngest daughter of Lieutenant-General Cockel l, of Sandleford Ledge, Bahama. On the 10th instant, the Rer. James Slade, Vicar of Bolton, Lancashire, and Prebendary of Chester, to Mary, third daughter of the late Edward Bolleroy, Eq. of Bolton. On Monday, at the New Church, St. Panay', Capt. Caulfethl, eldest son of Col I Caulfeild, of Renown, Ireland, to Anne Lovell, eldest daughter of James Bury, Eq. of St. Leonard's, Nazing, Essex. DIED. Suddenly, at Clifton, L:euttliant-Colonel Samuel Hall, C.D. of his Majesty's &WI Regiment, an Officer who had long served his country with honour, and whose loss sill be deeply lamented by a large circle of friend s knew his worth. On the 10th instant, lienry Chaytor, Esq. late a Colonel in the 3d Regiment of Foot Guards. On the Bth instant, at Ilarwich, aged 31, Mr. John flan .in, surgeon, of his Majesty's brig Investigator, soc of Doctor Haslann of Hart -street, Illoornsbury. On the 6th instant, in her 68th year, Mrs. Mary Haines, 01 Rrompton, late of Great Russell -street, Covent-garden. On Saturday morning William Kelley, Esq. of the Exchequer ORke., aged M, who fell down and expired on Illackfriars-bridge. On the tith instant, at Whitby, Richard Rudyerd, Esq. aged 7 4 , years, one of his Majesty ' s D eputy - Lieutenants far the Norm Riding of the county of York. ()nihe 14tlilMWUni, at residence, Manham•street. West minster, Mrs. Mary Hutchinson, 'Thu of Richard liutchir.soo, Esoi. late of the same place, aged 73 years. On the 14th instant, at Bedford.place, Clapham-rise, Mrs. ran, abed 7J.. ~On etunday last. in his 76th year, Philip Brahma, Esq. of Glou cester-place, Portman square. At Maryport, on Thursday last Mrs. Wilson, wife of captain Samuel 1% neon, of that port Her death was occasioned by drum she had been tapped twenty-two notes ; the labt time was on the 3d instant, when no leas than ten gallon of water were taken from her. HIGH WATER THIS DAY AT LONDON-BRIDGE. Warning, 1 aria. after.* I Afternoon, SS mkt. after L Printed at THE BRITISH PRES:S Office., by J. W. Caavront 181, bend, and Published by R. Cris noir, Nine Owe.