The British Press; or, Morning Literary Advertiser. — London, England, 1819-07-21 00:00:00

ll= HAYMARKET THEATIIC. The season commenced at this theatre last night, with every prosi.ret sttecem during its brief con. tiu minee. A very good conipany, prmeitielly vote. t i t s of the Comic Muse, has been engaged-411d lour. uo &Ott that the pledge which the Pro wr prietor, Mr. Monate, has given to the public, that, M pruportiuu as toe period fur keeping mien the theatre is narrowed. he will bear more forcibly in mind, the motto Live to lane. P' will be re etr.lned to the fullest extent. The entertainments cuu'ornenced with l'. Curaav's comedy •f The N. biter's Daughter. in which Mrs. Eowis. after a long ativence nom she ne L whir boards, made her tirst appearance as the Widow (heady. She was re ceived with the m oot g r a t i fying mar k s o f " ro b s . tion. iler pew wati greatly admired. It presented an miniterrnoted rli•play of archness an d animation. Mr TERRY was the Governor I leartall of the piece. 11.. so ported the character with that perete ty.yhaste humour, which forms the Kinn,. omit elcirecier.-tic ..i* nis coot ie e ff or ts. Th e gay , g ood-nialire4 l ['rusk Pearsall was permioned by Mr. JoaEs, or tut- hveliest and most agreeable ~type. Mr. Cris NOR threw a great deal (Sr spirit into the Chat .0 , 1 ~1 Unpletin Wooftky —end Young i n a lf, r t w a r -1u .• .1 very effieiroolv. by .Ir. IlliaNA RD. 11.. LISTON, as TirgiOthy Qaaiet, turner mode hi. relic...mice without exciting toe nit-hest merriment. lira. Continue ItleCrrara in tendering tiw ciciractrr of Mrs. Itlalfort usiumolly interesting. At r . u.• terintmition of the comedy. which gave the • itirliction. Mr. lEnwts delivered the ort A invl epilogue with consi.lerable 'Joint and firer. The interlude of bitters' QlferfelS followed, in winch Mr. flux I , Lt. Mro. GIBBS affdtded the anti-nee mush aulu u..•:11 by their extravagantly comic delineation of ..'rracho and Jeseiatha. A new Nice, nu e utle-I Wet Weather! concluded the entertantriseults of evening. The characters were thus rr i sr....-el.,d : Sir One. ip'rwrso Parldeld.... Me. Lireoc. Colimel Urnmh y .. ..... Mr. 34•!1[9. Mr. J. RUssitLL. t.utiry ilie daughter of a Ilfera.rd Baronet, whose bravery . in the field hail goorit him hi. silk, hares and is belayed sty Captain Bromley. a ila.hing oiler'', who renders himself universally age. eal.le. by sussing his manner. 11;111 rnn#eran. tt to thi c.impany into which chance hati:xlis to throw wheilo r is he Oat ..f per or a priae.6ghtier. Sir Ones , ploirn., In whim, ea. .icssi, of Emily's fiber. the title desremiril. is t h e great lair to the handers* of the lovers He i. it Mrs. Malaprop in small.cluthea—intniem. lily dupi.l, yet ransions to lie considered a man of edges lien. E.mily's hail made a will, by which her fortune is to he irmisfonmil to Sir illisesitshoros, if she refuses to give him her ?rind. The detwooril Ba rent t bad garotted a will, sidi, , quently, in which he did net insist on this anion—hot Sir Oneniphortis Intl concealed it—and, amid with the influence which the Calmer gave hem, he p..nrented Emily with his ad. dresses. Tint, r emoting servant, eiminves to get Captain liiirmley into the Nrse, in the character of a portrait. epainter ; but Sir Onesiohorne not le ing pleased will the attentions which cm gowned painter is paying to Emily, orders her to tynit the room. He is obliged soon after to soil he discom en Emily cosine on Bromley's picture. lie seises it. emifiants to whom it belongs, and .tc. sires him to return it in the Calmat,. But, in order to in atruel her lover that chance. ant choice, has placed it in the hands of his stupid rival, and that her affections remain it,. also sends a lisiolsome ring to the Captain by Sir thieiiphorim, which she pretends had 011411 been presented to bet. by Bromley. Sr On mutters's Tritons the miniatiire, hut forgetithe ring. The Captain, enraged at the snlipoiel Oilschouil.iii his mistress. assails h. r with reproaches—hitt his Para are dispelled a lien Emily reminds Sir Onesipliorits that, in his hurry, he ha} forgotten 4.0 r part of his commission. The rite i.„ of cellist', produced, and the Captain's fears are allayed. Emily next pretends, in order to procure an oderview Bromley, that he had thrown n letter into liar carriage—soil she persnades Sir Onesiphorna to lake it hack to him unopeued. The letter is an warded, that it might hr ;opposed the Captain had written it, itotead of the lady. Sir Ouesiphoras takes the trouble .if reading it to Bromley, who is delighted to tad it contain an invitation to meet F.mtly that ' , veining. Tim, who has Wiz 'insp. eted the roguery of his master, Willem him to Wiry, that Bromley. irritated at his supposed sneer. with Emily, i ',traded to chal. "lige him. He winks on hie fears so mnelio that Sir Otorsiplito us informs him Ihrre is a certain impatient packet, emitaitoil iii his eacruioire, which, if he siriold chance to All in the dad, be wishes to be delivered to Emily T:O3, however, advises him to hire a bravo or two to give the Captain such a codeelling as will confine him to bite bid. He commoh. to do so; Brumley is 'Membered to a. a Citroen assassin, ai:d emcees to thrash him self. Sir Onemphorus propeses, while the supposed bravo is than employed, to lake a walk in the neighbourhood, lest lie might be re...gunned as a party to the plan. While he is thus emplosed, Bromley gains admittance to the house ; hat wet walker swans; on suddenly, site deluded Bari.. net mimes home snuck sootier than he is expected.— Prided. y strelelua hinsaelf n:, a table, apparently dead, while Emily and Tim declare that 'lief:minim loam, has murdered him, and threaten to lay informations against Sir Oiled. photos. While he mires to change his dress, Bromley es eapes—the dell Baronet It keying that Tim hail pitched the cm pse out of the window. While he is congratulaiing him self on the disappearance of she corpse, a loud knorkii,e is heard at the door, and Bromley miters as a Bow-street officer. Daring Ilse carfn-tun a loch ensues, Ton se cures the key of the escrui , nre, and, rifler a short h, which Sir Onesiphoi e. in valet endeavours to interrupt, the fictitious llow-strert ufficei effectually preventing his inter. femur?, the will wlbelo gives Emily the possession or handsome fortune is discovered. The byes are, of course, made happy.—and Sur OotAiiiitortv; is sot displcaseit when lie Suds that he may nisiniis front his wiled all spprebeusions of visiting the Oiil natley. This is a very clever farce. The plot, which is lively turd bustling, has been constructed with more skill than is gerreerlly observable in trifles of this kurd—Are characters are humorously drawn—and the dialogue possesses much spirit ahrl marine.% It abounds in comic similitudes, entity of which evince a strong turn or ri dicule. and are exceedingly laughable. 111 r. LiiiEON supported the charseter of !tie thiesipho rum s sitlirrirAlly well. The part is broadly-comical, otol, as lt.rformed by bun, is one of the richest fleets which a lover of low lurninur could possibly r"nester, di r. Jun CS, all Captain Bromley, was all lie and vivacity. His personation of the Germs,' bravo and of the Bow-street racer. war entertain i"g• Miss BlittillONT, whose talents have made such a favourable impress; 111 l at Covent-garden, appeared fur the first time on this stage, in the _character of Easily, which she sustained iu a most irluitsing manner. The farce was received by a crowded house, with the most decided *Ohms,. Mr. WIC FARRIneII engagement at the Glee. center and Cheltenham Theatres has' been po!tponed fnr a few nights, on account of the indiapoontion of that Uentltuan..j 'AUX lIA LL. T. The Propristate of this aplrndid seen, of enter tainment has spared afillier pains nor expense to MAe it this Mame? worthy of the patronage of the gra Metropolis in the world, and tire attroolance of rank and Goblin which we lame nightly wirroeowd in the G orders*. presents a striking ;proof of the su perior *Wooten, of the ;dice. toiler& our Nohi lily since the peace have had an opoortinoity of re candy visiting the illorninatrd air& nsnf tits Cu,,.. tine's', and the superior brilliancy and tasteful aplen door of Vauxhall contort fail to have recalled their attention to the magoodiceiter ~f t h at favourite spot, it celebrated in their own country for nearly a crow tory os the coy reorlezcows fur the most illustriou, and dististraisked perwitsages. The Boxes of FRE DERICK, Prince of Wiles (the father of his MA. JRA re), of the former Doke,' of CUMBERLAND and GLOUCESTER, still meal to memory the spot where ll:laity participated in the goy fernivities of Voila. hell, and preserve the chain of recollection for the site of the sports and tournaineuts of I ll.lrd Me Black Prince, for which the, lover* of chivalry ferl so noxious a solicitude.—( Ilse sire of the Gardens of Vauxhall formed a part of the ground of EPe WARD'S Palace.) We do not recollect. since the time of the . jete in' commemoration of the victory at Vittoria, to have seen the Gudrus in fitter order, or more spier,. dully illuminated, than they are at ',rearm. The walks. from the cottoned laying On of a soft dry sand, sod the as frequent application of well-con- ' structed rollers, forms an even and agreeable stiro , face; and the lamps err distributed so akilfnlly„ and the colour% PO appropriately classed, that the coop sail fora the exirewity of each walk is ex tremely beautiful. The pictures in the Saloon have hen new var nished, and many of them, particularly those of the KING and her late Wt./KATT, look to great advantage—the original colour, (particularly the bright ones) are in full tone. The other I ndere*, two of which are very beautiful, want, if possible, a better distribution of light, but we fear it is no practieshle to give it to them in their present place ; the varnishirog nos brought out some of the under tones, but the proiniumst ogees are injured from time and accident, yet colour ruongls remains to make them effective by a judicious management of light. The more general and palpable objects of attrac tion. the music ansi fire-works, and the extraordinary feats of Maclaine SAQUI, are superior to any exhi bitions of the kind we are acquainted with. The orehe•tea is holey filled, and some of the most ex quisite pieces of MOZART are played with delight. ful aft et. The vocal powers or Mr% BLAND are ex treised with confirmed delicacy and sweettwas. Mrs. CHILDS and MII% TuNITAt.L at, great acqiiisitions. Wass's humour. slid CuLutas's soft and tender tuner. are good additions to the vocal strength of the company, crud Mailer HYDS IMO a pleasing mod agreeable voice. The last performance of Madame SAQUI has u sublime apprirat.cr ; there is something appalling iu bcholdilig the elevation of her situation, encom passed by clouds of smoke train the blaze of fire works which explode f heoeuth her. owl thr re collection oldie melancholy fare of Madame IfLAN. CHARD would add terror to the's:crow, were at not fur the cousciousnes. that Madame SAQUi has sufficient support ors whack she eau rest. and the utmost pos sible security agsitist the occurrence of accident. The Gardens were en Al Icy night crowded by personages of t he first clisiitietiun. Annul.; the rotn gunners preaTiit we olnierved Lord YARMOUTH, Sir lIENRY PARNELL. Mr. I'F.EL. Mr. Dawsow.and swverml other Ali -gibers of l'arltisment. The henry oliith set tit ult. r the fire-works. detained the majority of the company until au unusually kite hour ; few Tel:united earlier than two o'clock yes terday ruurniiiLs. The East 1..d0t Company'. ships Regent nlid Cusile Handy, from China, arrived at St. Helron the 44th of M.y last. The Danira and /1/q/itt were expected to be dispatched from Chios the latter end of March. A large'detachment of the East Lahti ComPeily's arhllrrp are etubauked ou board the outward-huuad shim for Italia. Letters have keen received from Madrid of the 7th instant, and we understand the Spaiiisli sailor has received dispatches by the same convey- WIC, from his Court. The Treaty for the Crlll.loll of the Florida* to the United States had nut, up to the Isegittrring of this month, Brea ratified by FER DINAND, and cousidtrolde doubt oetqlls to exist in Madrid whether it would receive his final sanction. Lett-r. from Cadiz of the 27th Jute, slate, that the Waskington, 80 can United States ship, remained' at that port, and is was understood that she would not sail from thence until her Commander bad ob. trilled the decision of the Spanish Governsueut an this subject. A new writ was ordered for the city of Edinburgh, on Monday, in the room of the Right Hon. W. Ova DES, who has accepted tile Office of keeper of the Register of Sasines. A gentleman of distinction, near Exeter, has been held to bail in tt large , for having in a goat of passion caused the death of his groom, by striking him with the butt rod of lots whip. WiListitae MEETING.—The nomination of a Representative fur this County took place at De- Sizes on Friday. At twelve o'clock the Sheriff' opened the business of tlie day, stating, that in coo sequence of a requisition lie had called this Meet ing, for the purpose of nominating a Candidate to fill the vacant rest in Parliatnent for this county.— J. BENETT, Fsq. and J. ANTLEY, Esq. were pro posed. The Sheriff prod, ttttt eil the spew of hands to be in favour. of Mr. ASTLEY ; and stated that the election would take place ■t Wilton on Monday, July 19.—This election is likely to he very severely contested. and it has this peculiar character at. it, that in the ifortance of Mr. BENETT and Mr. ASTLEY, two friends have started against each other.—The following is the state of the first day's poll : MONDAY, JULY 19, 1819. Mr. Remit SOO Mr. Asi Icy Majority in favour of Mr. Smelt 103 On Friday hot serums disturbances took place at Bradford and Trowbridge, un Mr. BEN &TT'S agri cultural friends passing through those nassinfectur. lag tortua. LAW IA IT LLIG E CE. COURT OF CHANCERY. Livcomes.ligs• TUUDAT. JILT 20. GORDON V. GORDON. This long-contested cage, whtelt we have go often r►ported. occupied the Court Ole whole of the day. It will Is ►erollrcird tlist it first crow on before his I.linnerr (Sir Wm. Grant) the late Master of the Runs. The circumstances law sr very itiarrowvraa- ;nap. and are briefly the., :—The Plaintiff and De. f-oitimir ore hroshera. Their parents were privately married in Scotland; they arterworila went to the United S:atel or America'. end were pistrlicly tied. Between the two, ntarrtage• tile Plaintiff a n d en eider brother, isho (lied to the life-titair of his lithe,. wrre born, At the olece.oe or the ritlirr the !Memlnn, who is • B trriorr, sitg4estetl to the Pluintilll, who 11:1(1 spent the esti!, part or his bre in tis/stulslsistsgs Iu was tise; thin Isrsiilser, lir we, out legitimate. and prodisced to biro the cr►- titicate of the oolitic 'flamingo of their parent•. Hod for the sake or the firmly and their noiliel's feelings, it was bolter not to pul►!i►ly agitate the que.tioquf the leg; ti m:scy, but ,hat lie, ihr. Uefi•nd- not. who was the tir.t.baen POll miler the public mar• ruse. would take the r■tales of their fallWr. AWI rent II part of them at P lOW late to thr Plitintitr. So that thr puldie tiering hint in posceccioit would sapience they verse legally vested in hint. and at the same time would nut know that their mother had int- properly cohabited with their father before mar rise. The Plaintiff not knowing of the private marriage, and the respect lie had for his mother and sisters, agreed to this proposal, and an agree ment to that effect was according executed. Souse time eftetwards the Plaintiff' came to - the know ledge of the private marriage; and to vindi cate the character of his mother, which had been so aspersed by the Defendant, he tiled the pre sent bill. His Honour the late Master of the Rolls directed sit issue is try the validity of the private marriage in Scotland ; and after wards another question came before his Honour. whether the dying declaration of his toothier as to the previous marriage should go to the Jury as evi deuce. His Honour was of opinion hut it ought, as it was proper evidence lo go to a Jury, under the direction of the Learned Judge at Nisi Pries. The Defendant appealed from that judgment to the Lord Chancellor. and his Lordship. on hearing the case an it. merits. confirmed the judgment of his Honour. The issue was tried, ■nd the Jury re turned a verdict, declaring the validity or the private marriage, and establishing the legitimacy or the Plaintiff. After this trial the Plaintiff applied I. the Court, as a mailer of course, to have in referred to the Mister to take tin aecnuot between the parties, and for the Plaintiff to be put il► pos session as the owner of the estates. The Lord Chancellor, however, on that occasion was of ow hien that the verdict of the Jury did not decide all that was in dispute between the parties. as the nv,ree merst might have been entered into by the Plain tiff and Defendant through mutual mistake, that neither of them knew of the previous marriage 'of their parents, in which cow it would he lent.o-sl ble for the Court to declare that the rhooilli had committed such a fraud on the Defendant as enti tled the latter to relief, or, as his Lordship oh sere.,d, that they might both have had a knowledge of the private marriage. but from its doubtful na ture have considered they were meeting the equity of the case by the agreement, in whirls e”ent the Court would not disturb ii. His Lordship, there fore, wished to hear a Counsel o►► each side on that point. and appointed aesrarly day for that purpose, on seitonsit of the Plaintiff being imprisoned by the Defendant in the King's Bench, for a debt claimed to be.dite to biol. but on account of his Lordship's lamented indisposition (an attack of the gout), and Mr. Hart'• (Counsel for the Defesithisit) family loss, the death of his wile s it did nut come on to be heard until this day. Mr. HART was heard at great length fur the De fendant. He did not deity but his client had a knowledge of the private marriage, but contended that the Plaintiff smash° iu posseestots of the circurn gone, when the agreement lass entered into; to prove this, he stated several letters written by the Plaintiff to the Defendant, and laid particular strew, upon owe, where the Plaintiff complained of the crowfeet of the Defentiont s in starting the question of legitimacy, and the hardship of his pressing on bum the terms of the agreement — where he says, " Are we nut brothers, the lions cf the same parent*? Did they ever make any differ vice in their attentions to yon, myself, or our ever to-he-regreted elder brother? If he and nor father were now living, would you ever have attempted to have thrown such a slur Upon the best of women, our mother ?" The Learned Conn-el contended, that this passage sliewed that lie knew of the private marriage, but doubted its validity. Mr. HEALD, Counsel for the Plaintiff, contended that at the time his client entered into the agree ment with the Defendant lie lied no knowledge of the previous private marriage of his parents, but that he entered into it to prevent the feelings of his family being hurt, us the Plaintiff lied produced to him the certificate of the public marriage, which on the face of it shewed that lie, the Plaintiff, was not born in the pale of that marriage. The letters read by his Learned Friend, Mr. Hart, according to his (Mr. Heald's) construction of them, proved that to he the fact, particularly that letter which was so much relied on by the other side. He would ask his Lordship what was the meaning of the words, " We are the sons of the same parents, Ste. If our father sod elder brother were now living vontild yon attempt to throw such a slur on our mother ?" Did it not meal', "if my mother enlist) unfortunate as to have cohabited with my father belure marriage, you, as their WM, ought to be the last person to depose the circumstance to the world ?" This, lie contended, was the true construction, for if the Plaintiff had known there had been n private mar riage at that time lie would have said," it is true yen are the eldest son of the public marriage, but I will defend the right of my mother and sisters on the previous private marriage." The LORD CHANCELLOR, at two o'clock, said, " Proceed with thus case to-morrow, for I am obliged to rive. having to attend the Prince Regent, rela tire to the Recorder's Report of the unfortunate criminals under sentence of death. Futher argument postponed. ~.,...~ COURT 01 K;NG'S EEN;•:!, Jw.v 20. Siftings after Priaity Term, before Chief Justice Anson and u Special Jury. A WOODROOPC V. IPORRIA AND ANOTIIER. Mr. St:ARTA:TT stated that this was Nu action or haver, brought to recover four borers, or the value thereof, f the Defendants. It was a case of a sisigular 'Wore, Noels as very rarely occurred in t list Court. The Plaintiff was a gentleman of fortune, residing its the county of Surrey, in winch county be was proprietor of two 1113411016—the one called Claygiste, and the other White's. The Defen dants were the executors of a Mr. Clonsmeker, who was lately dereased. By the custom of the manors, in question, the lord was eistitl-d, on the death of ally of hip tenants, whether freehold or copy -1114.1, t.r a herioi—that was, the finest beast that had belonged to the deceased tenant. 11 r. Cleinsineker previous to his death, had purchased in the ms of Cl tyg,lte, a certain tenement, called Glaciers— he loot Nl,n purchased a second tenement, in the manor Of White's. etenotnioated liticklmrst—and • third, called Westwood, also in the manor of Wititr's. Tire tenement of Buckliurst had formerly beers two tenements, held by two brothers, as te nant., in co iiiiii 011---48111. therefore, he meant to con tend !hit it was liable to the payment of a double !aria, out for each of tie? teiwineista, The leer. totem of Glaciers bad fornerly been part of a tene. meld, denominated Alalyns. which had paid a herby:, mid therefore it might b- contended on the other side, that Glaciers should now be free from the charge. Bat it was declared lry the law of the laud, that. by die ding tenemente, herints were multiplied, and, therefore, he would maintain that Glaciers was still liable. as well as Malvin', for a heriot. It might also be said, that Blici.hurst. being now united in one tenement, was only liable to que harlot. But the law of iliv land gave the Lord of the Manor the advantage of the former subdivision—inasmuch as it declared that a tene ment, once divided. became lialds to two he. riots, and could not Ise charged with less, al though it had subsequently been united again. Ile should produce documentary evidence, to prose, that. from time immemorial, Glaciers had paid one Arrive. and Buckhorst two. With re spect to the circumstances of the present case, out of which this ;mown arose, they were briefly as follow :—Oo the death of Mr. Cionarnekrr, the bailiff of the Lord of the Manor immediately cii , ered the premises, sod seized and marked two Cart horses and two coach-horses, us the heriots. for the teneinento of which Mr. Clousmeker died possessed—two for Brickhurst, one for Glaciers, and one fur Westwood. Out of courtesy, however. he did not remove the animals, but left thens on the premises for the use of the family, until they be came settled, and decided whether they would re. deem them, by paving an eqiiivaleni, or give them up to the Plaiktiff. W!•eri the tine for deciding arrived, the executors disputed the Plaintiff's claim, and to establish it the present action was brought. The cart-horses were valued at 4.5 guineas, and the coach-horse,. at 100 guineas. But although the Plitlitilf had been driven to a court of law to esta- Wish his right, lie felt no wish to press heavily un the Deferidatits„ and if he established his case, lie was ready to take a verdict for 1001. The value of the hoist.% was arlinitted. Toe Learned Coumiel then called 'dr. Grey, who hail been steward of the manor for thirty years. Ile r.roved that he had taken heriuts fur va tene inent,, and that, an ongst others. lie had received a hem! fur Glaciers. lie hail never received a heriot for Buckliii.si, because the po.iiessor died in a dis tant pull of the loutvlom, unit he lid not know %here to seize a beast, his property. 'Witness pro docrd Cuurt-rolls n,.d coiner of Court-har ))))) front the 5.11 of Elizabeth down to the present period, from which it appeared that ihe custom of the manor was heriot-custom, and bad airway* been acquiesced iii toy the tenants. 11 . hen the cause proceeded thus far-- The Cwt., JUSTICE said, he thought the action hail bier,. wily sustained, as far us regarded Gla ciers and ILlockhursi, saving the allegation that lie latter should pay a double heriot. It appeared the tenement of Buckhurst hail roily been divided in one iustauce, by two brothers, who, under their father's will, had taken as tenants in common— but that, un the death of one of the brothers, it haul been united, slid continived sir ever since. It was, therefore, a question of law, whether, under these circumstance, two heriots could be demand. Arti. The PlNitititi might take a verdict for 1001. subject to the opinion of the Court, to reduce the wertlict,•if it were finally held that a single ficriot could wily be demanded for lluelthurst. A verdict was occordiogly recorded fur the Plain- COMMON JURY. lIESSITER V. CLUTTERBUCK. Thin was an action on a bull of exchange, dated the 11th of March, 1819, for 701. payable two months after (late, drawn by a per-on maned John Bart. lett, accepted by the Defendant, and eudoraed over to the Plaintiff by the drawer.. Mr. CHITTY . said, lie understood the defence was to lie, that the name of the drawer and his en dorsement, were forged. The drawer of the bill wus u person who resided near Frume, in Somer►et shire, and carried on on extensive trade in woollen Cloths. lie had some dealing' with the Defendant, cud this bill was given iu consequence. Bartlett was all Illiterate maul, and by no means a good writer. He therefore was in the habit of getting ht. daughter, Mary Bartlett, to draw end accept bills for hint. She had, in fact, drawn and en dorsed this bill, by her father's directions. This he would prove, and he would be then entitled to a ye; diet. The hand-writing of the Defendant, as acceptor of the bill. having been proved— Elm. Bartlett was called, who stated that her sister Mary was very ill, stud could not give evi dence. lier sister wale, she deposed, in the con ►taut haiiit of drawing and accepting bills by her father's direction— and the present bill was so drawn and endorsed by her sister. Mr. CAMPBELL sul * ted there was not suffi- cielit proof that the bill iu question was drawn by order of the father. ' The CHIEF JUSTICE said there was no room to doubt the fact—there was the strongest presump tive proof that it was drawn by the father's dire*. .N~ .. • :. The aartrialat.ra . far7hr I)• W•.• I • " . '1 proarml. mail their %via hut the I.l4;tlitrst 1 4•111.111 i file helietiog that he hod not received ti valmilile con. vat ton for the hill. Verdict Fur the Phstotiff for 70f. with itilettat. COURT OF COMMON FLEAS, Guti.onau., Unmet. iv Ly 20. Sittings after Term. heyore the Chief Justice end Special Juries. PAYNE r. Ths wits an action to ree:lver si mom of money do on a bond. The Plaintiff and a Mr. Lamds catirit oil business tn,trther no hoto.fowliers. Paving between thew. the came 11 , an agree went to dissolve the paritiership..attil thePlaiiitaT confirmed so give op his share of Ole stock s sod sines. to° Mr. hough. in consideration of oyeetrimg security for the Mae of the firmer. and the swriiof ?Oa supposed prdit. The dissolouno took place, and Mr. Lough *procured the 'Defen dant and a Mr. Selby to pass their hairdo to the Plaintiff for 2,337/ the former for 7331. the laitre for the remainder. The present action was brought to recover the sum of 733/. The claim was resisted on the grooms! that the ae. corners had been obtained on fake re l orvelit.t ttttt ♦ of the state of the affair. of the firm. Tire Plain. tiff, who had the sole keeping of the arristislie. pie. tesidinii it was perfectly militant and wife, which wao not the fact. Mr. Lough having barn triode a bankrupt very shortly after the partnership was dissolved. The Court was occupied • great part of the 11,:y in examining the nserits of the case, and serried witnesses were called and examined on behalf' ~1 the Plaintiff; but the justice of the demand, afti peering to turn in a great degree on accounts be. tweet. the partners and other persons, 41 matters to difference were referred. by the consent ..f tootle parties, to the arbitration of Mr. Psitu.i.S, the harri.ter. LONDON SESSIONS, TUESDAY, Jrf.T 20. STEAM- ROATS.—IM PORTANT CASE. ISROoKSON C. THE WATENMEN'S COMPANY. This was an appeal to ilie Court to se. a.tdr the cooviction of Thomas Brooksois and others, pro prietors of the Engineer, Nlargate strain-lin:it. by the Mast-r and Riders of the Waterinens' Com pany, for Catrilig a areatrr number of paWrilg-ri than is allowed by the Act of Parliament. Mr. BoLI.A ND appeared for the Appellants. Th e conviction, lie said, took place in A rril last, when the boat of his clients was on lite. way between Gravesend and London. She had on board, it an reared, 99 passengers, and it bring then contended that she was not authoriser! to carry more t;oiti lilt, x conviction took place, by awarding a penalty of 191. i 0..; that is 104, for r 'eh additional vassen ger, beyond the specific number allowed by the Act. Mr. BOLLAND said, that steam-boats were never contemplated by the Act of Parliament. The 10th George H. and the 34.1 i of the Kin;, of ' 4 tilt-boat, row-barge, or any other boat, or the largest of winch was of considerably less nninage than %team-boats. It would he unjust, therefore. to af f ix the penalty laid dose a a very phi Act of Parliament, tor an offence whirls never could have been foreseen. Here lie could not help remarkniv, that when the late Lord Stanhope talked of the introdiscliou of steam-boats, and was bold crouch to ainneipate their crossing the Atlantic, his obser vations were regard e d as the reveries of a maib i sian a lie (Mr, B.), however, was one of those who gave credit to the prognostications of his Lordship, and had lived to are the day when steam-boats had ac tually crossed the Atlantic, and arrived safely in • British port. If the Legislature, therefore, had not foreseen ti e use or strain-bosts, but left this cotes °misses in the Acts, provision s.iouitl be made to curet them. and not have recourse to other enact . minor, to the injury of a great and useful The Act 11111111.9p.i11y apviiril to owl tile like, carrying but sixty, whereas steam-boat; ~ere capable of carrying hundreds of persons. Upon the whole, he contended, that setting aside the non description of the boat. that there had he. n but one offence committed, rod the parties who co n victed his client 114,1 acted wrong. The RECORDER 1.41141, they had acted right. The clause in the. Act was, 4 , that if any master, steers- Mail, &e. of any tilt-boat, row-liarge, or tiny other boat or wherry oball be worked, &e. and take on board any one or more passengers beyond &c. that for every suck °Price trey > hall forfeit imd &c. He was decidedly of opinion, that every ad ditional passenger constituted a tlibtinct offsnce. Mr. ALLEY then proceeded to prove the case. Samuel Sparrow said, that hr v knew Bionkpon, the Commander of the Engineer steam- packei. Oa the 10th of April lie saw lipr between Giatesend and London, hating on board 99 passeogris. The fares he believed were between two sii.d three shit. lingo. Cross-examined.—He did not see Broukson paid the fare by any of the passengers. Mr. BOLLARD now submitted that the cape was not made out either in low or in fact. In the first place lie contended, that thts boo was hot within the meaning of the Act ; and secomtly, that it was not proved that the Appellant hail aoi kid eitbrr fur hire or gam. The fact wee, that the prohibition rif the Legislature extended to boats, &c. of hot inure then 15 tone, and the tonnage of the steamboat was perhaps 300 ! Upon these grounds the cob. victim), lie contended, must be q Mr. ALLEY Raid, he Me, ut iipiutoti, %yid, los friend, that it wee slot so much the kit l of 'mit, lint the dangerous nutaher of patiPeingeis, w kith was con. te.oplateJ by the Legislature. Mr. floupssia upon read the dilute from the Act, to chew that the boat of %Ir. Lit ouktusi did nut within the description Wilk iii The Itscoatie. zwasd. there WAS ceri,iiiiiy.snme. thing in this, and it struck Min torcilaty lost the steam-boat in question partook as much of the principle of • ship as a bust. Mr. BOLLARD said, he felt conscious that • die. tress never would have been attempted ' be levied to pursuance of-the contitction. The RSCORDRR sod Ilse COURT to.examine the record of the conviction, disioNtstatitbilltz it was there suiteti.te ' I k l t ,~. o-r'.....,,,... einpird its bt Itvivtl Ism then proceede4 victiost. tvhen tt ANN ‘4l' .16 144. " ate -""tr- - :. -