The British Press; or, Morning Literary Advertiser. — London, England, 1825-11-03 00:00:00

. k I ot, ~- le csgn amount It =et be admitted that the ease ove au action at law is maintainable —...wistn—Telle. But the law as laid down by the Court of Commeob Plus has not yet been adopted. The cue pf Davis was glfwsrd to in Fauntleroy's ease before the Lord Chancellor, and taltuldstabio discussion took place as to whether the &seism was igosil in law or tin. • The Vick.Cuaricirtr.ott.--What did the Lord Chancellor dO ipon it 1 Mr. TataLoyE—The Chancellor said Ire aprroved of the dc engine( the - Common' Pleas. air. !loony. submitted that it was, in fact, otherwise. Tha Vlca•CttancEr.t.on—l did not ask what the Lord Chan cellor and, but what he did ? Mr. Hoar—Thu lord Chancellor dlreeted an issue. The ‘'lce.-Cnaricrt.Lon--It iv imposidble in the nature of things that tile plaintiff can get what she asks. She prays that the Identical sum of fout thousand pounds in Consols may be trans. furred by the Batik for her berfeat. How can die Batik transfer what they have not in their possession ? Mr. TktoLoiet —They can purchase it. The ffticu-Cstitalett.Lott—llut you don't pray that ; you pray for the transfer of the same stock. Mr. Tairstovw—The words are, to be sure, "the same rim of four thonsand pounds ;" but I submit the meaning of that is clearly " the same amount." alr. floaret—The Batik Is liable in law and not in equity, If it la liable it all. IWere an action brought, the Bank might have it in its power to show that this transfer, which is complained of as a false and fraudulent disposes' of the stock in question was, in fact, the act of the parties themselves. Such a defence might be sit up than action at law, and the present plaintiff be put out of Court. Why then was not the matter left to the decision of a court of law, and an action brought in the name of the trustees? Mr. Tittecovr —That is easily accounted for. The plaintiff' has been deprived of all her property by the fraudulent transfer,. and can thereforrhave no means of bringing an action at law, nn- leas, Indeed, her flier.ds are ready to contribute to the promotion of that object. The Vict-CnancrLtoit-1 have already said, I consider thb as a case of considersbleimportanee, arid in giving judgment opted it would willingly afford it all the attention which it demands. If' you were-grind insyssm• facts, I would have no objec , ion to give a case; but as . it is not ao, I am precluded 'from adopting that ' med to the demurrer on the part cf the Bank of Impossible it should be mainuined, and shall ..en made application that the Bank might Beal-" . to enable it to put in an ;Answer to the bill filed by which was granted. BRITISH 'a man of letters: and the result proved that, however 'lei that gentleman might be, his embarking in so novel a trade was not calcultded to Increase his wealth. The consequence was, that in the end Mr. Day, after having advanced what cash lie deemed prudent, trecame, by virile of a warrant of attorney, executed to him by hie insolvent partner, possessed of the greater part of the property of the benkropt, and die whole concern was finally broken up, the bankotpi bung left in a state of absolute privation. To a brother thus situated it was that the defendant, on being applied to, re fused payment far thebevcral parts of the work which had been de. livered to him. The defendant pretended at brat to deny his liabi lity to pay for these pi'tta, iliasniuch as he had not received the whole of the work, which Wits to have consisted of 24 numbers ; best finding that plea to be untenable, he had since shifted his ground, and now had pleaded a release, Lut the evidence which he (Mr. Sergeant *Spankie) should produce, would most aatistictorily con. vines the Court and Jury that this was a foul attempt to get rid of his engagement, and to defraud the estate of the money justly due for these numbers, and be had no doubt tbat after his witnesses had been examined, the Jury would without hesitation give his client a verdict for the full sum which ass sought to be recovered; and so disingenuously endeavoured to be withheld from the o=k:opt's estate. The usual proof of the act of bankruptcy, the petitioning cretli. tore debt, and the necessary proceedings thereon, were auw put in evidence. Wm. Henry Payne, the bankrupt, was then examined—l am released from my asiegnaes. and hare obtained my certificate since the year 1818. Wye been a publisher and bookseller, and was the person who Prorsvted the publication of a work called " The History of Royal Residences,' which sae to be published m' monthly alternate numbers, at one guinea me). Twehty-four of the rumbers were published, and my brother must have hed (though there is sonic difficulty in ascertaining the precise num ber) ten or twelve of them. W hen I met my brothet at my attor ney's, I complained that lie had not paid for the work as it was de- livered, and that he was the person who had objected to comply with the original terms. 31y brtwher then complained that he had not had the a hole work, when I told him that he might have, had h it he pleased, by Reading to the publishers. In a conversation with-the defendant's eon the latter said, his father had only re ceived ten or twelve numbers; bur the defendant himself only ad mitted that he had received six, seven,or eight. I told him that I had paid my partner for the whole of the books It the trade price, being eighteen guineas ; and my-brother said, " then at all events I will only pay you that amount," which of course meant the eighteen quinces. Cross-examined by Mr. Sergeant VAUGHAN—In fact I was only debited the mews% paid to my partner t but at the time I was not a farthing in that partner's debt. Mr. Day (the partner) died in 1821. The work was originally to have construed of twenty.four parts, and was to have been one entire publication. The numbers were detached and incomplete. 1 have remised one hundred pounds from lay brother, and the paper now handed to me was the release he gave at that time ; but both the hundred pounds and the release was an entirely distinct thing from the sup ply of the numbers of the work. The numbers were to have come out at each alternate thumb ; the first number was published in July, 1816, 113 that it would have taken two years to complete the work. . . . Re-examined by Mr. Sergeant SPANK lE.—I was in the rules of the Fleet at the time the release was given ; my brother was aware of that circumstance. The release was for a totally different concern. This was the case for the plaintiff. Mr. Sergeant VAUGHAN! addressed the Jury on behalf of the defendant. His Learned Friend had certainly embellished his cue with a most bountiful share of strong langdage, as to the hatdship practised by the defendant-awards his unfortunate brother. One could not certainly but regret that Mr. John Payne should get into circumstances that were capable of exciting strong feelings against his brother; but with that neither he nor the Jury had any thing to do. It was their duty, however painful it might be, to inveati. gate the fine, and to do justice between the patties, notwithstand ing their near relation to each other. This was an action brought by Mr. Mayor, as assignee of Slr. W. H. Payne, who having fallen Oto embarrassed &emulsion/es, had a commission of bankrupt issued against him in 1822, but which was founded on an act of bankruptcy committed so fu back as the month of September, 111111. The act of bankruvtcy which was thus relied upon, was the circumstance of Mr. W. H. Payne having beet, arrested and confined in the Fleet prison foe debt, on the 19:h September, 1818, so that two months from the time there would be an un. equivocal act of bankruptcy on the part of that gentleman but for reasons which, no doubt, were well known to Mr. W. 11. Payne himself, it was not thought proper to bring out this coin mission till two years afterwards. There was an Act of Parita ment, known by the name of Sir Samuel Rommilly's Act, which declared that unless an act of bankruptcy was followed op within two months of its being committed by a commission, all contracts made by third persons with the bankrupt within those two months, were untouched and unaffected by theaet of bankruptcy. The Loan CHIEF Juin - rex—Unless, brother Vaughan, the parties era aware of the insolvency of the bankrupt at the tune. Mr. Sergeant VAtiGSAN was about to state that, and to observe that the plaintiffhad not tiled a bill in equity, or adopted any other mode by which they might ascertain whether the defendant did or did not know that fact; therefore, ache plaintiff meant to insist on that fact, it was incumbent on them to prove it. As that had not been done, he should contend that-- The Loan CHIEF JUSTICE—WouId it not be rather an awkward thing to say that the defendant did rot know of the act of bankruptcy committed by his brother, when he himself had taken the release from him to the Fleet. Mr. Sergeant Vatiosno said it had not been proved that he was in the Fleet ; besides, it was well known that many persons lived in the Rules of the Fleet who were not confined for debt. But how could this gentleman be made a bankrupt? He had no stock in trade, unless it were in his brain. He (Sergeant Vaughan) knew of no other trade that the bankrupt carried on ; except, indeed, it were insisted that the publishing this work would constitute him a trader. Surely, it was not the facril his going to purchase a quan tity of elephant paper (which, after all, was the beat part of the work) that could bring him within the laws concerning bankrupts. But the work in question was, by the terms of the bankrupt's own proposals, to consist of twenty.four numbers, th e whole of which, however, the defendant had not received. He should here address some observations to his Lordship. When a person proposed to publish a work in a certain number of parts at one guinea each, for which others subscribed, it was, in fact, one entire contract for one entire work ; and therefore he should submit that the pub- Esher could not bring an action for each number, but must give credit ; or, at least, must wait moil he had supplied the whole of the numbers before he could sue for their value, There was a case in the books in which this point had been much considered ; he meant the case of Boyden r. Drummond, which was an action for the recovery of the value of Salm numbers of a hat was called the "Shakspeare Gallery." There was also an objection to the pre sent action, founding itself on the statute of frauds, which enacted that no action should be brought for the breach of any agreement not to be performed within a. year, unless the tenoned` that agree ment were reduced to writing. Now, here were to be twenty-tour numbers to be published, one in each alternate month, which would therefore require four years before the work could be com pleted. The LORD CHIEF JUSTICE wai clearly of opinion that the plaintiff could recover upon the contract for any particular number that had been delivered. Lord Ellenborough, in the case of Boy. dell and Drummond, said that it was not the understanding of the parties that the subscriber should, on the one hand, take the whole of the numbers that might be published, or that. op the other hand, the publisher should be compelled to wait for his money until the whole of such work had been printed and delivered; for the very spiiit of such contracts was this--the publisher, finding it imprac ticahle to get up an expensive work all at once, felt it necessary to publish it in parts, so that he might receive a portion of the pur chase money to enable him to carry on the work to its completion. This object of his, however, would be entirely defeated were he not to be at liberty to bring his action against any of the subecribers for the value of the numbers they bad received until he had pub. Rolled the whole work. And such a rule would equally oppose itself to the very intention of the subscribers themselves, who, being desirous of possessing a copy of the work, but unsung it too expensive to purchase at once, embraced the opportunity of obtain ing it in parts. Ile was clearly of opinion that the plaintiff could not sue far that Whole of the numbers that remained to be delivered, As that would brief{ it within the Statute of frauds; but he had no doubt as to hip being entitled to sue for such numbers as had been already delivered. This was the manner in which he understood the Court in Boydell'a ease; if the contrary had prevailed, it might have been die ruin of one of those parties, for the whole edition of that splendid work cost atom 3lr. Sergeant VAUGHAN still contended that a party hiving subscribed to a work was bound to take in the whole of it ; and said, that if a person were allowed to stop short in the performance of his contract, it would work considerable injury. At all events he should hope that his Lordship would consider this a point fit for the opinion of the Court above, and that he would give the defend ant leave to move for a nonsuit. Suppose the plaintiff had insisted on payment tor each number as it was delivered, could he hue maintained his action for them !Nies rittaties the moment the num bers were delivered? If be could, he might then certainly have said that he wauld go on no further with the work ; but it was ob ' vious that such was not time meaning of the parties, teethe bankrupt had admitted that the numbers were so printed that it was abut : lutely necessary to continue taking In the work. He had actually split even a word in the middle of a sentence; one syllable being in one number of the WWII and the other in the next. The LORD Come JUSTICE—We are in the habit of splitting words in other ;Acne, brother Vaughan. (A laugh.) Mr. Sergeant Vituostast again submitted that this action could no be supported. The LOUD Comp Jure-ter said, if this case touched at all upon the principle that was laid down in that of " Itoydell v. Drum_ mood," he certainly should be bound by the authority of the Court which decided, however his opinion at Niel Prius might be opposed to it. But he most readily agreed to everything that had been said by all the Learned Judges on that occasion ; and he thought that every word that was said by theni was unfavourable to the objec tion that had just been made by the defendant's Counsel. Brother Vaughan had said that this was an entire contract, and therefore the plaintiff could not sue even if 23 numbers had been delivered, if the 24th had not been delivered. /Hs Lordship should incline to think that he might ; for though it might be an entire canine, yet there WWI& subordinate contract, which would enable the publisher to sue for each number as it was delivered. The Gentlemen of the Jury would understand what lie meant by a subdrdfnate contract, when lie reminded them that when a certain number of quarters of corn was contracted for, and • part only of that quantity had been delivered, still the party might bring his action for that portion, al though lie had bot delivered th e entire quantity. So her thougt it WAS in the present we; and his brother Vaughan would find that T, I 4 . I : ! 111 ) 1 ' 1 i :V. ' 1-4 k 1 ; 14' LAW NOTICES. COURT OP • I NG'S BENCH. ,5!,.11%4 • AMT Or CAUSIS TO DT TIIRD TOTS DAT AT WTSTAIIINITIE , HT COIIIIOII 'ORIEL. d. *MOO IA Seville Brio v. SaKt Barnes v. Whittaker Fpred v. Bignall Bryant-v. Creevy Applryard v !Ilium 1. , POOC. tr. Lewis Doe v. Henley The King v. Alceys Batchelor v. Didnion Price v . Bates Rtookerv. Aliegoirt ' Batchelor r. Broome Preceeke v. Dickin- Plate v. 58104 7; s 'Attridge v. Terry sor Stvbbart I . ektost.... L fironsley v. Blake Smith v. King son waist, v. Carter Drew v. Clifford Shaddick v. alesitt fr' The Court wi ll Nit at halr.priat nine o'clock. 16 - 1 .11.......__.......____ % __________ ...._...... . LAW INTELLIGFNcE. COURT OF CLIANCERY, Wgotrosoow, Now. I. MOORE v. MOIRE. The SOLICITOR-GENERAL stated, that this win A petition for the peewee of obtaining an order to appoint guardians over two htichou ; and be had at present to pray, that service of the maroons on Mr. Moen'. (the father of the children,) solicitor, might be considered good service, and that the petition mightbz Word on the first day or term. The circumstances under whscb Mid woo Joked were, that the father was in prison, that he had Ap plied fee an habeas corpus to be brought up on the seceiki 'day of term. to pray for his discharge, and that Mr. Sleffatt, bra •eniicitur, had refused to inform the petitioner where he might b found, the petitioner being ignorant of where Mr. Moore was. Ile. Moos t wished to• know whether notice of this application bad been given, because Mr. Montt (whose respectability no person erald doubt), huh left a retainer with him last night, and yet he wee not instructed to appear this morning. Bor.vcre ot-Eitir tam. said, Thr. ►Moffitt had most dis. tinkly refined, last night, to say where hiallient was. The Loan CHANCELLOR desired the Bolicitor.Gererars client to apply Again to the solicitor who had applied for the habeas, and if he could not. or still refused to give information ea to where his client might be foand, then to take the order now rayed- SMITH IN THE MATTER or SHEATH, A WELLMAN r. BOWRINO. This was an appeal frost a judgment delivered by the Vice- Chancellor. In the opening of the petition and evidence (which run toe great length), it appeared to the Court that certain important pima of evidynce were not forthcoming. With a *view to get over this ob jection, some of the Counsel said they were not instructed, nor did they with, to take any technical objection--reeheta said that certain tbingi 'Fere admitted. The Loan CitAIVCVLLOR protested against such a practice. It appeared that every tart of regular practice was getting turned topsy-tutty for want of due care on the part of those whose duty it west() be easeful that regularity was attended to, and all acces sary evidence ready to be produced at the hearing of every mattes er cause. He niedged himself that he would not leave the Coln with all the rides broken, which had been laid down by some' the ablest men that ever lived. For all the inconvenience attending' such an evil, the Court, which had nothing on earth to do with ik was blanieet It was not to be forgotten, but well worthy of being remembered. that the case of Johnson v. Ledger was argued great leegtit betote one of the most upright and ablest Judges that sew sat on a Bench (Sir William Grant), who gave one of the most elaborate j udgni ? nts in it that ewer was delivered. In that judg ment he cror-ostil his conviction that the opinion of the Court of King's Beech ei•,ht, certainly, to be taken ; the care went there, add another king and most elaborate judgment was pronounced upon it.' It afterward' went before the Vice-Chancellor, and who *voids judgment on it that did him high honour. 'The parties in it, however, wishing to have as many opinions as they could get, sub . neryeendy brought it here, in the shape of an appeal, which, after • bong argued on all side', he (his Lordship) put it to the Attorney- General to pay, upon looking into some p a p ers , whether the WI ought not to have been dismissed in five minutes after the filing ter it, before even Is had got half way through the bar of one Court, and that he might take eight days to consider it. After the papers his Lordship alluded to had•been looked at and considered by the bar, it was their unanimous opinion that the bill ought at the very drat to have been dismissed, and accordingly that was its final fate. Mr. Swam, la. well remembered the case, had also, that he himself was the Counsel who drew the bill, which he did under the nettled conviction that it never could be supported. • The Loon CHANCELLOR said, there was another case, (a family one) that also came here upon an appeal, in which, at the very first view, he said he felt convinced that upon looking at the marriage millet-tent the question never could be raised which had been raised. Nobody. however, would believe a word he said upon bit nest witnessing that, but he looked into the settlement, and found the very clause which, beyond all doubt, at once shut out the question. Notwithstanding all this, and many other instances of a similar nature, the looking into the necessary papers was considered by illiberal persons mere waste of time, and heaps of calumny were thrown upon the Judge sitting here, for doing that which was, be. yond all doubt, for the safety of suitors and the pabiic, hi s bo u nd e n duty. Ills LORD/SHP, after these unanswerebleobservatione, permitted Counad to proceed in their arguments, upon their undertaking that tho whole of their tackle should be made right and perfected, be. fere they left the case In the hands of the COMM VICE-CHANCELLOR'S COURT, WZDNEDSDAY. Nov. 2. I! i . Honour the Vict-ettawcaLcost took his seat on the bench M half-past ten, when the following case was called on. SIDWAriDS V. HARRISON, CHAMBILKLAYW, AND TILE BANK OF ENGLAND. This was a bill Med by the plaintiff, praying that the defendants sleight be directed to transfer , for the benefit of plaintiff and her children, a sum of 4,0001. comets, which had stood In the name of the defendants, Harris and Chtmberlayn, as trustees of Mrs. Ed. wards and her children, end which was sold out under a forged pliesr of attorney. T 8 this the Bank of England entered a de murrer. TEESLOVE was fbr the- plistif. and Mr. HORNE Sup ported the demurrer. The pleadings having been read, The Vice-Citaxcks,roa.—l perceive that this ease hi one of very considerable importance ; all I could do in it would be to place the plaintiff in a way of obtaining relief, by directing her to bring her action at law against the Bank. This could be done in the names of the two defendants who were the trustees of the pro paty, they granting their permission to the plaintiff so to do. If this coarse were adopted, ereahooht then have the opinion of court of law as to whether the action would or-would not he. Tsteshowg.—We could not on our side feel any objection •to adopting that course ot proeceding, but the question has shindy bee., deeiled by the Court of Common Pleas. It held, that an action was maintainable on simile: grounds, and therefore there isr 'smiling to try. TheNrcit-Cnaucem.on.-1 don't recollect the decision you allude to. Mr. TIESLOVE.—It took place in the ease of Davis v. the Bank ot'England, which is to be found in Bin ham's Reports, vol. ll.' Tke is as follows. Davis, the pLeintiff, wee entitled to a tea of 10,8001. 3 per cent Consols, and his brother John sold out - the stock on lith October 1819, under a forged power of littoral. In sir days after (the 12th October), he sold out the remaining 6,0201. under a similar Instrumeni, which was also counterfeit. PI `the 54 - March, In the following year, John Davis-was appreh no a distinct charge Of forgery. While to prison, he admitted, discourse of a coriversatioa with his brother, that he had fra lardy aild out th e stock in question. The prisoner, Davis, effected-1 hey ascape from the Compter on the . 7th April, and on the 3161 September hit brother applied at the Bank of England for payment! 'tit fits dividends on the stock fraudulently disposed of. Now, thW cap eras almost a parallel one with the present—the only material Id+lfonnee being in favour of the plaintiff now before the Court. nil the former Davis had concealed from the Bank the knowledge berms 6 ' his brother's guilt for a space of upwards feemths. in that 'fleetest dividends had fallen due bet were state thane& try Dews: and in consequence of the conegilleeset. the, 'Bulk of Boglind lost the opportatuty of proceeding wino Atho l Mho for - forgery. The use bas been argued twice eltqwin qtticuon Pleas, and the ^ was of dgirlide_thest Ilisdliffion ings, maintainable for tount log_theplentiff's cone, ”se Vica-Calitu Hi liewoara xr Hoass—The ea locbe said to be Mss Waxen, and is at Vv. Talmo, —T *et of Devil v. the ettth evilest to the I oertotd. Imps BRAT, Wtsy irDNESDAT, Nov. 2. • Lisa! r. CAPT. RICITARDBONC error on a judgment in the Common Pleas, the defendant in error, it appeared, had been called the Minerva in the service of the This vessel at that time was the property of Co. Mr. Mellish, who was about purchas red into a contract with Captain Richardson, consent of the Directors of the East India Com the command of the Marquis of Ely, another property of Mr. Mellish, and that he should Minerva to a Captain Mills. Mr. Mellish did of the Minerva and refused to complete his con_ Richardson, who, in consequence, brought an Men was tried in the Common Pleas, and a _ plaintiff, with 7,'250/. limager. Judgment verdict, oil which Mr. Mellish brought a writ of ow argued. for the plaintiff in error, contended 'don to support the contract ; .n which could be alleged, was there. command of the Minerva, wjich he argued was is, at all, nor could be, from the relative situation of ts parties at the time of the contract. But, secondly, if there was any consideration, then this contract would come tinder the statute of 49 Deo. 111. against the " selling and brokerage of _public offices," Ile cited various authorities to show that the Lain India Company was " a limb of the State," and that the cOmmaml of ah East Indiaman was " apublic trust," and, consequently, that such command could net he the subject of " a trafficking ;" and that, in the present Instance there was a trafficking Om, in the agreeing for a consideration to resign the command of the Minerva ; and again, io the contract to resume that command in the event of a certain contlngeny ; and, that by the statute both contracts were void. , that Mr. CAMPBELL, for the defendant, Capt. Richardson, eon tended, first, that in relinquishing the command of the .Minerva, hls client had given a good and valid consideration to support the contract, to escape from the other born of Sergeant Tacitly's di. lema, he contended, that the East India Company was not a publi: company, within the statute, against the sale of public offices. It was no more a " limb of the state " than any other company which hail sprung up within the last twelve months. Though the East India Company might be monarchs in the East, they were only grocers here.—dealers (in a large way to be sure) in tea, sugar, and spices. If the commanders of their ships were charged with " a public trust," for the same reason the offices of steward, cook, &c. must be public trusts. Ile assimilated the commander of an East Indiaman to a waggoner from the Company's Docks et Illackwall : he could see no difference between the two: if the one was a public office, No also must the other be. There could be nothing illegal, surely, in accepting compensation for resigning his command. Ladies formerly we-.e to the habit of receiving a sum of money from their footmen for the card money —so, at the present day, waiting maids at inns were in the habit of paying a sum of money for their places, instead of receiving any wages • and he bad beard evenof great Lords who had accepted a gratuity for allow ing the privilege of showing their pleasure grounds to strangers. For these reasons, he prayed the Court to affirm the judgment below. 31r. Sergeant TADDY replied. The Loan ClisEir Jtravice—This case has been very well slued on both sides. We will consider of our judgment. this argument occupied all the morning, anti the Court rose at the conclosion of it. Ihe Lord Chief Justice, whose state of health is at present, we sincerely regret to say, very indifferent, had evidently gone through the business of the day with much difficulty and In great bodily suffering. COURT OF COMMON PLEAS, WEDNESDAY, NoY.'2. London Sittings before Lord Chief Justice BEST and Cowmen Juries. MAYOR, ASSIGNEE OF WILLIAM HENRY PAYNE (A BANK RUPT), V. JOHN PAYNE. Mr. McioDY opened the pleadings. The plaintiff; Mr. John flavor, was assignee of William Henry Payne, a bankrupt, and the action was for goods sold and delivered to Mr. John Payne, the defendant, who had pleaded first, the general issue; and, se. fondly, a release before the the bankruptcy ; to which the plaintiff had replied that the release was after the bankruptcy, and upon that issue was joined. Mr. Sergeant SPANNIE stated the case to. the Jury. This was an action brought by the assignee of one brother against another, for goods sold and delivered. Mr. Wni. Henry Payne was a very ingenious man, and possessed great talents. He had embarked somewhat largely in literary pursuits. Among the various publi cations which he had brought forfh was one called the "History of Royal Residences." For the purpose of rendering it more gene. rally useful, he had, at a very considerable expense, called in the aid of the Fine Arts, and had engaged the first artists of the day to illustrate this very splendid work, which was got up by that gen denten in the highest style of execution, and was published by him in parts at the price of one guinea each. Mr. John Payne, who was a brother of the bankrupt, and a gentleman of sonic property, had, slither for the purpose of serving his brother, or, else to please his own taste, become a subscriber for th e work, and tad teceired anneal of the panthers at the various periods when they came forth, but with what view it would be for himself to say, since be now sought to avail himself of some conundrum of law, to avoid the contract he had entered into as a subscriber, and to withhold the payment of the money which was Justly due to his brother's estate, bar the several numbers of the work which had been delivered to him. That this was his intention was obvious, from the fact of his having first of all obtained a release from his brother, and then having pleaded it to the preser.t action. But he shoold be able most satisfactorily to convince the Jury that this release was altogether invalid, the fact being, that instead of its basing been execute! by Mr. W. H. Payne. previously to h's bankruptcy, it was not executed until a considerable period subse quent to that event. There was one circumstance which gave the defence that was now attempted to be set up a most suspicious aspect, which w, that the defendant, at the very time w hen thi s release wee, was obtained, was cognisant of the fact of his brother having committed an act of bankruptcy. He did net wish to ins pute any dishonest motive to the defendant, but it certainly was Avery strange proceeding ; for at the period w h en thi s re l ease was ven, and for some nine previous, Mr. W. H. Payne had beets a' prisoner within the rules of the Fleet. For what purpose such a release was given was a question that would no doubt very naturally arise its the minds of the Jury: but he would explain to them the circumatances that occasioned it. The stay was shortly this :—Mr. W. H Payne had lately had a sister ii and under whose will he became entitled to a legacy. We; defendant was appointed sole executor of this will, and Mercies"' became responsible to his brother for the amount of the bequeit made to him out of the testatrix's effects. Now as the bankrupt was much embarrassed, it was a matter of considerable importance to bins that Its should be paid this legacy as soon as possiblo; with a view therefore of obtaining the money iturnediately,'lns wool prevaileoupon by his brother to give this release, which it woad te and by be seen waa not a release of the specific debt now claimed), but a general release. This literary geodesist:l (the bankrupt) not having any immediate mums from the sale of the work (time be ing tequisate for that purpose, as the Jury well knew) was obliged engagement/. for the purpose of carry. sr payments to the engravers and other illustrate it. These engagements on : of embarrassment, and for the put. n the immediate pressure which this occasioned, he (what under such circuata -t km him to du) formal a partnership sed more money than himself, though Spankic) the party was somewhat to be Connected with, being pa °thief lartin'sdatu, pawnbroker, the ratio" ' very well to assimilate with that of BANKRUPT. Case; but as it isr not Mr. hloirrano said, this was the matter relating to the great course. With regard i . failure of some Lincolnshire end Lancashire banking.houses, a England, I think it Imi few years ago, which was under discussion 'on the tilt day his therefore overrule it. Lordship at in his room. In it a very important point of law re. Mr. Holum then fll2 stained to he discussed, but as Mr. Heald was on one ride.* was lowed a month to enable . .Ssot deemed reasonable to press for a decision then, until an hppor_ the plaintiff, which was had been given to that gentleman of belneheirßl at the r e of the Coact again. 'l' he oklsot of its awe Pegg weds COURT OF RI to hes that as early day arig ht he appointed for its Wi . disposed of. mgr. I/ nein could not lay exactly., but meekest% liltneent MET I.ls gostfidently, that his clients b ed no wish whatever di tie heard - n. This wise writ of err, Re remem bered the case perfectly well, became ihtkpiestiad llbb It after verdict. .110 a one to be considensd tinder Sietisproel ltoftilty's Act, abd was Capt. Richardson, th , very fully argued trona Ririe years ago, when he, .Ipituideldp Rats the - Captain ot a vessel, ready to have given judgment, but dist Mr. Illontagu, feeling the East India Company. ' thipg press hard against his clients, asked that it might stand over. Smith, Tirnbrelf„ and The question was, whether a creditor who claimed to prove tier U. its( this vessel, entered MM. creditor, had complied with the act ;er whether he wan sot by which, with the con, discharged in consequence of having made some arreagenseett 7 ray , he was to take thi Mr. MORT AGU said be had no inclination to ask for farther Me, Last Indiaman„ the pro mission, tibiae the other side wished it ; and as Mr. Heald seemed gift up that of the Min not to desire it;.„11 he hod now to entreat was, for the favour of the bac:cane the owner of the Chart's judgment as early as his Lordship could Had it convenient tract with Capt. Riche toTtosoonce.t. action against him, whi The LOB D CIIANC r.1.1.nR had no Otlioll to dispose of it at ?Indict found foe the pl oats; ; but a great deal was said about t his partnership in the alt. was given on this verdic since of Mr. Heald, and at a time when he was Laying himself error, which was now ar k about a partnership of another nature (his' recent marriage), he Sergeant TABBY', for thought It would not be amiss for that gentleman just to take the there was nctsonslderatii opinion of his clients again, whether they really did or did not wish tette of a consideration Nat any thing more should he stated from the bar. meat of the command of Mr. HEALD consented, and so the matter is at present suspended. sideration at all, nor o ristrii.e et filo tirna nf 01. the Court was of opiaon that the action was to eater into very eipenWileel; for the amount of the dividends, notwithstood. mg it on, and making regular icealmeot of his brother's fraud. artists thataere employed to iii si.t.on—ffaud me up the report. avoidably led his, into a state o leg read the case through. poisrofyrlivving himself from e ease of Davis 0. the Bank of England can. espensive undertaking oeewiir se a decided one, because a word of error has stances it was very natural fa at present pendin in the Beast of Lords. nab a paten who possessed .The present CAW Is donsideroblretronger than to him (Mr. Sergeant Spa Bank. Here there ',as beets no coseesiosent an odd one for a literary man to forgery, which was announced as soon as Ws- than a Ur. A. Day, of St. Alai of whose busioess did not stun v.. palm ; aha his brother Vaughan would 61 such wee Lord Ellenborough's opinion, although he firtd not been able to do so to-day. If the contrary were the law,-this country would be deprived of some of the best works that literature had to boast of. and winch did honour to the intelligence and Fenno of this kingdom ; and the object of the publishers would be defeated, which finentibtetily wax, that they should be supplied with money from Woe to time, so that they ought go on afitit the work. He therefore was .of opinion that the party had aLight of bringing his action for a part of the contract, and he thought then was nothlng in the objection that had been taken. What was the•evidence? It wen, that the parry was to take the numbers. The plaintiff defirered seven or eight, and then asked for the money ; but the defendant said No, you have not let nit have the other numbers; to which the piaicitamight have replied, I never agreed to deliver them to lou,, but you might have them by • applying to my publisher. Now, his Lordship would like to ask, on the principle of common sense, intelligible to all mankind, could this man be allowed to say, N0..1 will not take the rest of your numbers, and I won't pay for these ? But that was the erect of the objection that was now taken. By the party's saying that lie would not take the whole of the numbers, his Lordship was of opinion that there was an implied contract that he would pay for those he had already received. His Lordship' therefore thought the Jury must find a verdict for the plaintiff for the eight number,. As to the release, he considered that the Jury would, in one half minute, find that the defendant most know that his brother was in a state of insolvency when he executed it. The Jury immediately returned a vertlict for the plaintiff—Da -1 mages ill. his., being the price of eight numbers. HL7i) v. GODBOLD AND ANOTMER• The plaintiff to this action had been appointed by the defend ants, (who are the proprietors of the patent medicine called the Vegetable Balsam) their agent. to travel on the continent of Europe to vend their " Remede Infaillible pour les maladies de poitetne et lea itchiness" for which he was to rcceire a commission of 501. per cent. The nature of the agreement was, that on the plaintiff's paying to Messrs. Godbold 300 f. as a guarantee, they would let him have 6001. worth of the infallible remedy. There being an im port duty payable on such medicine. Messrs. Godbold went to Paris and prepared it there, thus obviating that difficul ty. But Mr. Munn soon experienced others : for the price was exorbitant, being 40 francs for the quart, and 20 the pint bottle ; pnd the laws of France did 1 of permit anj person to vend medicine who had not .traitiated at their medical schools. Mr. Munn was therefore obliged to appoint a French Apothecary to sell this most precious( preparation ; but notwitbetanding every personal effort on his part, and the ruffs which he inserted in GI Menceger, these gentlemen could rot prevail with the obstinate Frenchmen to swat. low their Elixir Vita, and after all theirphilanthropic disinterested nese in seeking whom they might rescue from the thousand evils for which this balsam was the only panacea, they could only sell,—sech was. the infatuation of the people„—fourteen riot bottles of the Essaume Vegetal, at twenty francs a bottle, making in sterling money the sum of IP. 4s. According to the agreement Messrs. Godbold were to take back such of the balsam as Mr. 'Bunn should not be able to dispose of ; he accordingly brought the medicine to England, and returned it to the defendants, but they refused to take it in, saying it was not the genuine mixture, but had been either adulterated or altogether changed. The plaintiff, having a lady who, while in Paris, had tasted this vegital, and had now in England also kindly sipped each bottle of the nine returned ham pers, who would pledge her conscience to its being the real thing, brought the present action to recover back the 330/. paid by hhn, and the expenses he had been at in advertisements, kc. Its proof of the medicine being genuine, some bottles were un corked in Court, and after the lady had tasted It, a small wine. glass of the precious liquor was handed to the Bench, Bar, and Jurrbox, and received the meal of an approving smack from all. '1 here was no defence ; and the Jury, under his Lordship's di. rection, found a verdict for the plaintiff—Damages 3631. INSOLVENT DEBTORS' COURT, WEDNESDAY, Nov. 2. Charles Steward, the younger. riding-rcaster, residing in the neighbourhood of Blackfriars-road, was brought up on his petition to be discharged. He was opposed by Mr. Coos, w ho appeared for several creditors. It appeared that the insolvent, after being in custody for three months, produced a certificate of ill health from a physician, which induced the Court to grant an order allowing him the liberty of the Rules of the King's Bench, In which prison be was confined. It was now stated that be had broken prison by entering the Sur rey theatre and an adioining coffee-house, by which he lost his claim to take the benefit of the Act, neither of *se buildings being within the Rules. To support this statement, a clerk In the em. ployment of the detaining creditor's attorney was produced, who swore that tie had seen the insolvent on the stairs leading to the boxes of the Surrey theatre, but did not see him enter. He had also observed him at the d•we of the coffee-house. The COMMISSIONER said, it was possible the insolvent may have been indiscreet enough to enter the theatre and if such an act had been distinctly proved'he should be disposed to construe the Act strictly, and reject the insolvent's petition. But the evidence on this point was by no means satisfactory, for the witness could not fix the precise period when he saw the insolvent near the theatre, nor could he swear positively that he had seen the insolvent enter it. This preliminary point having been decided, Mr. Coos proceeded to examine the insolvent. He swore that he had a number of wine-glasses and goblets in his possession, which he I awned for about 3/. a week before he went into the King's Bench. He afterwards sold the duplicates, for necessaries. He was aware that when he applied for leave to petition, he made affidavit that he disposed of no property since he had been in cue. tody. The Learnesl Counsel contended that the insolvent had obtained leave to petition upon a fraudulent representation. The Comisissiowe R overruled the objection, as it did net op. pear that the insolvent disposed of any property which would be available to his creditors. Mr. Come pointed out several Items, which appeared In the schedule as debts incurred by the insolvent fur the benefit of the riding.school, and yet insolvent claimed no property in that este. blishment. This, he insisted, wasa presumptive evidence of fraud, and he should proceed to examine the insolvent's father, who was the ostensible proprietor of the riding.achool. Charles Steward, sen. exatnined.—l am the proprietor of the Royal Gloucester Scientific Riding and Driving Academy. lam the owner of the house attached to lt, and of the furniture. I never was in embarassed circumstances, to my knowledge. (A laugh.) Never represented the insolvent as proprietor of the academy. He acted as my riding master. I paid him one guinea and a half a week. IVhen I was in the country he gave orders for some painting work, and, when 1 returned, I Imam; that the hopeful young gentleman had erected a paling near the Magdalen, and contacted other debts for advtrtisements and posting-bills, which I refused to pay. lie hail got into debt before, and I thought it necessary to keep a tight rein on him. About six months ago I let him have the use of the academy for fifteen pounds a week, but I found he was not able to pay me, and I resumed possession. Mr. Cool thought the conduct of the tither was by no means creditable. He allowed his son to contract debts for the benefit of an establishment of which he described himself as the sole prn prietor, and then disclaimed the debts. lie also gave his son the unlimited control of the establishment whilst those debts were being contracted, and then found It convenient to resume possession. The Learned Counsel also pointed the attention of the Court in the vexatious proceedings of the insolvent towards a creditor named Hutchinson, who held a bill of exchange, on which the insolvent brought a writ of error. Mr. HEATH, for the insolvent, submitted that there was no evidence of partnership between the Insolvent and his father. The Commtserorrut did not conceive that sufficient evidence had been adduced to fix a fraudulent intention upon the insolvent. Ilis proceeding in bringing the writ of error, however, was ex tremely reprehensible; and under the discretion which the 18th section of the Act gave on this point ; his judgment was, that the insolvent should not be discharged until he bad remained in prison for three months after the tiling of his petition. - - MIDDLESEX SESSIONS, Wsoxrmay, Nov. 2. SOTHEBY V. Bllit GEO. DUCKETT. The Court sat specially for the purpose of assessing the sum th a t should•be paid to the plaintiff as the purchase-money or revolt pence," for a part of a field situate at Bethnal.green, and through which it is the intention of Sir George Duchett to cut a channel to be called the Union Canal, CO as to open a communication between the River Lea and the Regent's Canal, and for which project an Act of Parliament wes °hugged during the last Session. By this Act it is provided that In the event of the parties disegreeing, as to the compensation that should be given on the out side, and re ceived on the other, a precept should be issued for the summoning of a Jury before the next General Quarter, at Adjourned Sessions, for the county of Middlesex, for the p ur pos e of d eterm i n i ng t h e same. It is also provbled by the Act that in the event of the award of the Jury exceeding the offer made by Sir Geo. Duchett, he shall bur the whole expense of the assessment, or if it falls short of it, that the expenses shall be bprne mutually between the contending parties. Several preliminary objections having been disposed of, Mr. BRODERICK, who appeared on behalf of Sir George Duchett, rose and tasked which of the parties was to be heard first. CHAIRMAN.—The party claiming compensation of course. Mr. Bennett ict—The present case is precisely similar to the compensation cases which have been recently determined in the City, and the Judges there have uniformly decided the direct contrary. CHATTIMAX—You know what the Ring's Bench have decided ? Mr. Ramsey lex—l do, and I know also that the practice of the City is in direct opposition thereto. Mr. Pot.Loce-1 was present when ChlefJustice Abbott de- cited that very point. CHAIR maw —Of course it must be so, or we should not know what we were trying, Mr. Potr.oce proceeded to state the use, from eliich it ap peared that the piece of land required by Sir George Duchett is about an acre and a half of ground, lying in the central part of a field containing six acres ; and„the questions therefore for the Jury became, what wan the actual value of the land required. and what the Injury that would be sustained by the cutting off all direct communication between the two remaining portions of the field ? For the purpose of solving these questions the following_witnesses were Bled Mr. Bigg—ls a surveyor, and is well acquainted with the pro perty in question, and estimetea its value at 5791. 2s. 6d., inde pendently of the claim for damages in consequence of the deterioration of the remaining portions of the field, which witness estimate, at MI. 175., making in al! 9771. 19s. 6d. In making this calculation witness considered the property as building ground, and for this purpose its value would be completely destroyed by the proposed division of the field. Cross-examined by Mr. BRODERICE-18 of opicion that If a doutfle carriage bridge were built by Sir George Duckett. so as to connect the two detached parts of the field:that Circumstance, i n connexion with the ad evitangcs likely to eatee from the construction of the new eanal, would be a full cernpoosation for the injory sus. rained by the division of the proper.) , into two distinct and dtitart plots. l'art of the land proposed to he taken has been dug for L flea earth. Mr. Bayley, another surveyor. estimated the common value or t h e required plot at 577/. 75., sod the deterioration of the rennin:Mg property at 300/. Mr. Fox, • builder, said lie would willingly give 201. an acre for the ground to build on, and he cotisldered many other persona would give the same. Mr. Bnonanicx, on the other tide, called the following Wit. nesses, to show that the value of tile ground was far below the evi. mate that had been pot upon ie. - Mr. James Begg la an architect and enryovor, and Is well ac -quainted with the property in question. Doe's not consider it as -eligible for building, is it is situate et a distanie from any hant, and as many of those recently built in that neighbourhood remain untenanted. In its present stale it is a complete morass, and b us been Mug up in many parts for brick earth. Considers the very outside value of the fee simple to be 37M. 12s. ed. Henry Crawter, surveyor, considers the value of the p roperty to be about 2 40!. The excavations made are so'extensive, that the present value of the property is not more than M. per anntlin. ts Snow. auctioneer, estimates its value at 3001. Mr. Pcm.t.ocx having replied, The Ctrat R MAN summed up the evidence very minutely, leavirg them to determine, amidst the conflicting estimates, what amount ought justly to be pail Jury, after reniaining out of Court for half an hour. returned a verdict for the plaintiff—Damages 01101. ( The sum otfered as a compensation by Sir George Duckett wa s 3751.) GWENAPPE MINING COMPJNY. Yeitterdsy the Lord Mayor received communications from 3h. Dawson and Dr. Price, two of the Directors of the Gwenai ss Mining Company, contradicting the statements made i n the Jut. tice-room of the Mansion.hoose, respecting themselves and that Aasociation. It appeared, from these letters, that the Company's funds have been withdrawn from the bankers, not from any imp,. hension of an attachment, but in order to complete the contrae, the purchase of the " Cathedral Mines" in the parish or lis t , nappe, which are, by the best Judges. deemed very valunt,. have lately been much increased by the discovery of several rev lodes. Not a shilling has been expended but for the advancement of the Company's intimate, and so economical hare the Directors been, that they refused to allow one of their body (who had beet. sent down to Cornwall on the Company's business) any rerntmera. tion for hie trouble, beyond the repayment of his travelling ex. penses. or. Price concludes his letter by remarking that "Me true ground of complaint is not that the Directors are not the objects of •the Association into eitict, but that they are, the complainants being composed of individuals who never wish to sec a mine worked beyond the precincts of the Foreign Stock Li. change; and when the shares are no longer productive in that piece, according to the usage of Companies get up for dad put. poses, many of which they are connected with, they expect to be paid (eat par." Mr. Cooke, the principal Managing Director of the Company, attended in person, and requested to be heard in justification of the Company. He had travelled 50 miles front the country,ln Ma anxiety to deny, in the most decided manner, the truth of the im. potations cast upon the Directors, the moment lie had seen them. He knew not who the individuals were who waited upcnhie Lord. ship, or whether they were bona-fide Shareholder:; but this he knew, that the whole of the nmertions made by them were utterly unfounded. Before the f'ompany was formed, nr a prospectus is. saw, he went to the Mince, and made a most minute inrestigntion into their qualities and condition. So perfectly was he satisfied that the Company would prove one of the most profitable, that he was ready to stake his-own private property that It would produce 10 per cent. upon the capital invested an is. Notwithstandini what had been stated in a Morning Paper, he could positively at. firm that Lord Nugent's Dante had not been used without his per. mission. The Lord .Mayor—How many shares were allotted to Loaf Nugent? Mr. Cooke said the number set ‘!own for his Lordship am H. His Lordship had certainly expressed a wish to have them so's, a hen lie understood they were at a premium, bat on being assured that the quotations were made falsely by the jobbers, his Lordship was satisfied, though he still ?erased to make so large an invest ment as 60 shares. He (Mr. Cooke), however, had since ysid the depoMts for his Lcmisbip, whom he considered indebted to him far them. to laugh.) The Lord Mayor.—You cannot consider Lord Nugent as a Di. rector. Mr. Cooke—Yes, my Lord, de certainly do, since I hold 50 Shares on his account. It has been said that there is no intention to work the Mine. Now I can state, that two lodes have boon al. ready cut through, and that a steam-engine is now in full work. The shares, which the Company purchased at 471. the caiginAl Shareholders now consider as worth 701. in consequence of a vei.a of ore having been recently discovered. The Lord .Mayor observed, that it was one of the points of corr. plaint, that only 400 shares had been paid upon. hlr. Cooke replied, thut had the statement been made upon r.fti. davit, no such allegation would base appeared. The wind: 1.1:011 shares bad been regularly issued ; but some had not bren taken up, and of those the Directors were the holders, in addition to tl.it number allotted to them. The Lord MaiinsVgiested, that the best mode of removing the injurious impression that had been created would be. to call e public meeting of the Shareholders, ani have the matter Icily s..i satisfactorily investigated. Mr. Cooke said, that he hail laid a requisition for that psrpse before the Directors. The fiord Mayor expressed his belief, that the publication of 1 1 case had done sou,e good. lie bad stated to the applicants Om:. could not pity them fur any inconvenience they might sustin. 11 they appeared to be chiefly actuated by a gambling motive. Mr. Cooke said, a resolution had been entered into by the Dim. tors, that not one of them should be paid until the work beam: profitable, and that they had not taken one guinea,. LORD COCHR4NE. In answer to a statement which appeared in the Lii.(r. pool Mercury, Lord Cochrane has addressed the folios lag letter to the Editor of that Paper : Nov.l, 1821 Stn —l have just observed in your Papa of Friday last, an arc. de wherein you call upon me tor a reply to certain quiwies, which you say that you " trust, like other similar report s , will turn out to be • a weak invention of the enemy.' " The answers are brief. I have no debts ; consequently I hare not been " sued," and am not " about to plead the statute of limi tations." The debts of the Brazilian Government are not my debts ; and my " laconic and discouraging" answer to a claimant of his dues from that Government, really contained all that I could say in re. ply to his letter. For his reasons for quitting that service I refer you to Mr. Keallet himself, though 1 have no recollection of any person of that name serving under me. And further, I refer to all the officers and seamen who have at any time been under my com mand, whether I ham not, on every occasion, exerted nmall to the utmost of my power to obtain for them their dues. Although it would always afford me pleasure to explain my cot, duct to individuals whose good opinion I value, you must, I am persuaded, be aware how unpleasant i t is to bebrouglat betore the public by insinuations so false as those contained in the paragraph which you have quoted from some low paper, whose Editor is pro. bably desirous of bringing himself into notoriety by a proceesizli at law for hitunfanious aspersions. My respecor you has induced me, in the present instance, to depart front a rule which 1 had laid down for my general London. not to notice anonymous paragraph.; such, for instance, as that which describes' me as preach ring to Sir %Vatter Scott the dagger of Montezuma, which I never heard of ; and Lady Cochrane as 'W ing a robber, whom she never met in any part of her travels. You may depend upon it, Sir, that whenever 1 am attacked is a serious manner, I shall be prepared with suth a statement of forth as will satisfy the public mind as to the rectitude of my conduct. I am, Sir, yours respectfully, COCA RA NE COAL. MARKET, Noe. 2. Ships at filarket. Ships SM. Price. HS Newcastle . - 13 . . 36a ed to 43s Otl 6i Sunderland . bi . to Os lid BIRTHS. Yesterday morning, Mrs. H. L. Robins, of Salisbury-street, of & daughter. On Sunday last, at Westerham, Kent, the lady of Thotrar Holmes Bosworth, Esq. of a son MARRIED. On the Slat ult. at Lambeth Church, Richard Goldstone, ESQ. surgeon, Bath, to Caroline, youngest daughter of John Burson, Es. J . Claphem.road, Surrey. On the Ist inst. at St. Mary's, Islington, F. R. Appleby, EN. of Renishaw Iron Works, Derbyshire, to Anne, third ilaughur cd John Pott, Esq. of Stanwill, Middlesex. DIED. On Saturday hat, at Fulford, at the hewse of her relation, Thomas Wilson, Esq. Mrs. Elizabeth Mawman, aged 10. On Sunday last, Major William Martin, late of the Bth or RePi Irish Dragoons. On Tuesday, at his residence, Denmark Hill, Robert Sangster, Esq. in the 7l ti year of his age. On the 18th ult. at the advanced age of 103 years, John Fol. of Castleton, Derbyshire. He was born 7th May (0.13.), 1722. He bad enjoyed an uninterrupted state of good health during that long period, and his rational Acuities remained unimpaired to the last hour of his existence. He was an early riser, and in the summer months was regularly at work by four o'clock in the morning. al when past his hundredth year, he mowed in dm fields, and follo w other laborious employment. In the rebellion of 1740 he " en ' gaged by the King's troops for conveying the baggage from Castle. ton to Sheffield. He took a pride in relating to his acquaintance that the military chest was confided to his care. iIIOH - WATIS4 .- AT LONDON BRIDGE THISFIitY 7 Morning, 47 min . ate! 6 I Evening, 15 min. after7....40 Printed at TH hi - BRITISH PRESS Office, by J. 111.Caaarox, 181, Strand, and published by R. Csooo4, UM. Plea. G