The British Press; or, Morning Literary Advertiser. — London, England, 1822-12-11 00:00:00

.ale sal ft mile prisoners. Some years ago gaols, iiiitead of being schools of reformation, were semi naves of rice; the young delinquent was placed in the same cell with the old and irreclaimable offender, and, when liberated from confinement, put into practice those tricks and artifices which he feed learned from the more experienced violators of t:ie law. Though the Report of the Committee is upon the whole highly satisfactory, much remains to be effected. The House of Correction in Giltspur street " is lamentably defective in the classification of convicted offenders," and the prison in Cold bath-fields, and the Bridewell io Tothill-fields, re quire a speedy and effectual reform. The Corn snidee express their decided approbation of the tread-mill, and when it is considered that a pri seiner at Brixton is compelled to take from forty five to fifty steps a minute, we can readily believe that very few return to this formidable ordeal. The Gaol Committee (of the House of Com mons) have been assiduously eugaged in revisiog t; - ,c Bill which was lately introduced into Perlis• i,ent for consolidating the various laws at present jr, force fur the regulations of prisons, and its ge n, ral spirit and tenor are most excellent. " It re cognise', as the basis of prison regulation, clot ssirintion, inspection, hard labour, and moral and religious instruction." To this Report is annexed an Appendix, in which are contained extracts from the foreign cor respondence of the Society. These papers are highly interesting, more particularly those which relate to Spain, and their perusal cannot full most powe►fully to excite the attention of the public. The state of the gaols io the Peninsula during the reign of the Inquisition, and the sufferings in- Airted by the " Holy Office" on their miserable victim., have long been the theme of horror and elecnition. "At Madrid," says the correspondent of the Society, " I have seen cells from which prisoners have come forth in utter mind incurable I.lindness : there were others in which the body could rest in no one nitwitl position, neither sit ting, nor standing, nor kneeling, nor lying down." llere is an instance of the tender solicitude and paternal care of legitimate Government ! Let it never be forgotten that while these diabolical toe- ' turn were inflicted, the Sovereign was piously en gaged in embroidering with his own royal hands a petticoat for the Vi►gin 1 Immediately on the re-establishment of the con stitutional Government in Spain, the first object which engaged the attention of the Cortes was the awe of the public prisons. They instantly abolished -Anent of any prisoner in subterranean duogeons, Fit an end to the exaction of prison fees, intro . iced a system of classification, and created from their own body a Committee, whose attention hus t,eett unremittingly directed to promote the bene volent schemes of the Spanish Legislature. We cannot dismiss this part of our subject with out expressing our indignation at the rancorous shale which has been poured out against the Cortes by the prostituted press of England and France. Language has been applied to QUIROGIA and limo, which would have disgraced the most nn rincipled malefactor; the Spanish Legislative As ,nobly has been denounced as the hotbed of ~ .iarchy and irreligion; and even the Courier, hose pages are seldom disgraced by low scurrili es, polluted its columns by applying the epithet -• ferocious" to the patriotic and noble-minded Aiwa. Nothing but the most atrocious malignity, or the most deplorable ignorance, could have given ;:se to such infamous calumnies; and the Quotidi (rime sod its coadjutors may select as they please the character of knaves or fools. Let these Journalists 'ce cautious how they indulge in invectives, for they may provoke comparisons which may not turn out very favourable to their paymasters. When the mist of prejudice shall be dispelled, sod the busy politicians of the present day have mouldered into dust s a grateful posterity will bless the names of QIIitOGA and RISGO, and call them the liberators of their country. FERDINAND will be known u itie deserter of his country's cause, the murderer f LACY and PORLIRR, the supporter of arbitrary z)rernatent„ and the patron of ecclesiastical op. .-es/ion. MaToi describes the Nightingales. the bird that" sing Jurkling." Mr. Comm. seems to have coNeeived that be can rival sweet Philomel by shutting out all letresive view surrounding objects, and pouring forth the melodious .:umes of his own native genius. One snisfortuoe atteud g thin originality is, that when be is obliged to use his moo, he betrays extreme simplicity, and excites the merri. Not of irreverent contemners of his genies. An iestance • this kind occurred yesterday evening. The paltry ger ge " the native dirty soil" of the Courier offurded Thursday last, was given by L'Efoik of Saturday as an —igincil" Postscript." The Courier of yesterday re-adopted as a French postscript. Then comes forth the Atoned, (dam Cormarr, and taking it for frrab and genuioe each produce, pronounces judgment that we must have lir with Spain. It is most amiable to find so much larklin simplici:y in en uld man. Sweet bird of night, tune those notes spiv. Extract from a letter dated Paris, Saturday, De nitser 7 :—" There is an important decision in e Court of Caseation to-day. That supreme .:ourt has annulled the judgment of the Coor "Assizes of Paris, which condemned the Liberal 'winds to silence in reporting the proceeding. of e Courts." t' he Provincial Papers state that the west of Eng nd was visited by the dreadful storm of Thursday ternoon, of the effects of which, io Dublin and rerpool, we gave au account yesterday. LA, IPITRZLICENCE. COURT OF CHANCERY, threomes lAN, TIJZSrOAT, DiCtMall 10. This was the second Seal after Term. THE PORTSMOUTH rnsE. The ATTORNEY-GENERAL said, as his Learned Priend Mr. Horne wis in Court, perhaps lie would have the goodness to inform his Lordship whether he would be reedy in this case on Thursday. Mr. HORNS said he had rend the affidavits, and wished to be informed, if Lody Portsmouth with. drew her opposition to the issuing of the commis lion, whether his Lordship would allow the other parts of the case to be entered luto at the bar. Mr. Wrrnatet.t.—" It does tint lay with the Court, the discretion is vested in the Counsel." Mr. HORNE said he had addressed himself to his Lordship, end not to Counsel. The ArroanEy-GuERAL said he would assure his Lordship nothing would be done by the Coun sel in support of the petition, but what would be dictated by propriety. The LORD CHANCELLOR-" I have a right to know whether the opposition is or is not withdrawn, and When I know that it is, it will be for me to determine what further coarse ought to be Liken." Mr. HART said, as Counsel for the Earl of Ports mouth, lie would deprecate auy futtlier public dm cussiou. The LORD CuANCRLLOR- rr I find it has gone forth that I should sly ex-parte statements being published are legal. I apply to the bar, whether any such expression did lever escape from me. I said when I first came to the bar, there was no such practice known. The Court. of Law had latterly not been so strict; but if the question of publica tion is properly brought before me, I should know how to act with the parties transgress ing. There was a late case at the Old Milky, where the Judges had given notice not to pub lish, and a person transgressing was fined. I recollect an Attorney-Gene►al, as able and as good a one as ever was at the bar, giving notice to the public (Aces that if they allowed to be pub lished what passed in them, relative to Prisoners who were afte►wards to be tried for their lives, he would prosecute them all. I never acknowledged the legality of the practice of publishing es-pa►te cases." Mr. Hoeme.—.... , We will agree t. the coarse pointed out by Mr. Hart." The LORD CSANCILLOR—" When I cotne into Court on Thursday I will ask, is or is not the op_ position withdrawn, and whether it is or is nut I will know how to act." Mr. HaILD said he was afraid, as the matter now stood, the Court was not in possession of the determination the Counsel of the Countess of Portsmouth had come to. It would be in the re collection of his Lordship. that Mr. Treslove. in the first instance, moved for the affidavits in sup port of the petition to he referred, as being irrele vant and impertinent, but his Lordship was of opi nion that the Master was not the proper tribunal for them to be referred to. When the other day, on addressing his Lordship, he said be was Couasel for the Earl of Portsmouth, retained by the Coun tess, he meant that he would be able to show that no part of the ca►e would reflect on the cha racter of the Countess. He well knew that it was not a case of continence or incontinence, on the part of the Noble Countess that the Court had to try, but that of the sanity or insanity of the Noble Earl ; but he found by the letter affidavits which had been filed in support of the Petition amounting to 60 in number, the question had solved itself into that of the continency or the incontinency of the Countess, and he could not enter into her defence io that Court, his Lordship not having jurisdiction in such a subject, even if the Countess had committed adultery. He and his Learned Friends flinched from the defence of the Coun tess, because they had not an equal chance with those in support of the Petition. If it was not for what he was about to state, he would say the case was with his Lordship, for him to de cide as he thought proper; there was an anomaly io this case that wee never before known ; here wits a supposed lunatic defended by Counsel, who said nothing of his sanity ; if they were to take op the business and say he was not insane. he would be de fended properly before the Court. His Lordship would recollect what took place on n former similar p ding, when the Gentlemen of Hants came for ward. In the event of the Noble Conntess withdraw ihg her opposition, and his Lordship thought proper to send it to a Jury, he would be sending it to a Jury without any person to defend the issue. He trusted if his Lordship did send it to a Jury, that he would , insist on those odium* who were instructed by the Earl of Portsmouth, as a sane man, to defend him honestly, he would withdraw the opposition of the Countess, as it involved so many points which ought nut to be tried in that Court. Mr. HART said, the Counsel for the Earl of Portsmouth would do their duly towards him sod the Court. Mr. TagsLos's said, the adultery that was ellAig. ed against the Countess,-as it was not charged that the Earl was privy to it, it had nothing to do with his sanity or insanity. The LORD CHANCEDLOR—u You must judge for yourselves whether you will or will not with. draw the opposition on the part of the Countess, if you give reasons for withdrawing it, I most hear the Counsel on the other side. If on Thursday you any withdraw,' I cannot afterwards hear you." The ATTORNEY GENERAL said the only ques. lion was, whether the care was or was not to be heard on Thursday. There wag nothing so mon strous al to say that the affidavits were irrelevant, when the Countess had made an affidavit denying the adultery, but hir Learned Friends found now that the adultery was clearly proved against her Ladyship, and shelved how she had treated the Noble Earl for the lust four or live years. Mr. HEALD We do not intend to say any thing on Thursday." The ATTORNEY-GENERAL.—" You have made your speech already." Mr. HEALD You rosy put it down for Thsirostai." Mr. Snapwm—" Do you withskips the cm veatr „ Mt. HEALD—" That requires considosiotion." The Arroaneo-GenERAL said, that 'till withdrew the opposition, or did 'not ;they di The Duke and Duchess of Bedford and family leave to*. this day for their seat Wooburo Abbey, Bedfordshire. The Marquis and Marchioness of Downstore, arrived yea. terday evening at Read's Hotel, Lower Gr eeeee or.street, fry. their seal In Ireland. Earl Speoeer left Lord Basol's seat, Eliihfleld, Stafford shire, yesterday, for Altborp, Northamptonshire. The Earl of Oxford has arrived at Miller's Hotel, Jermyn street, from a tour. The Couoiess of Berkeley has arrived at her seat, Cran ford Lodge, frost a tour. Viscount Lake has left town for hie seal is Herta. The Honourable Robert and Lady Harriet Clive have arrived at their house in Berkeley-square, from their oral, Oakly Park, Ludlow, Salop. Mr. and Lady Caroline Lamb arrived yesterday at Mel bourne House from their sent, Brorket Hall, Herts. His Eloolleary Baron Fogel arrived in town yesterday from Lord Grenville% seat, Dropmare Lodge, Bucks. Sir John Midair, Rart. and Miss Watkins arrived yester day at Blake's Hotel, dermys-street, from ft sour. The Hon. E. Foley An left town fur Lis seat, Edith Park, Herefordshire. Departures from Jordan's Hotel, tit. Jantes'iralreet :—Mr. and Mrs. Grant and Miss Campbell for their seat i■ Scut• laid ; Mr. and Mrs. Garrett for their burs' in the Crescent, Bath; Mil. Matson for her seat, near Sevea Oaks, Kent. Mr. and Mrs. Sawyer have arrived at the London Hotel. Albemarle -deter, from their seat, Dear Maidenhead, Seiko. Captain Vandelesr, 12th lancers, has arrived at Hodirsun's Hotel, Dover. atteet. Lord William Lesson has left ditto un a tour. Arrivals at Thomas's Hoiel, Berkeley square:—The Mar quis of Exeter from his seat, Borleiqh, Lincolnshire; Sir Jobs and Lady Shelley from the Marquis oftholinundeley's seat, Hooghion Hall, Cheshire; and R. Felles-toe, Esq. aad family from their seat near Beaconsfield. Departures from ditto :—Lord Tyreonnrl on a tour; and the Rev. Mr. Gilbert for Oxford. Departures from the Pollesey Hotel, Piccadilly:—Captain sod Mrs. Cook for Bath; and Mr. and Mrs. Forbes fur their sear is Norfolk. ... : "--- 1 ,!, , , - tO 1.7.4-;• fry .4 .4.0." ...or ip . 4 i C. Oti 4 ' Ig r ,, 74). ‘ - •."` g 45 Ca. IPISHIONAILE INTELLIVENCE. DRURY-LANG THEATRE. Last evening her Royal Highness the Duchess of KRIM, attended by the Princess FEODOR, honour ed this theatre by their presence, when, by ape. cial desire," as announced in the bills, the Pro yoked Husband was performed. Almost all the comic talent of the company was called forth on the occasion, which rendered the performance more than usually effective. The leading character, Lend remedy, was sustained by Mr. ELLISTOW with the utmost dignity. The fashionable levities and returning ►eason of Lady Tamely from the vortez of dissipation, were ably pourtrayed by Mrs. Davison ; and Mrs. Weav's representation of Lady Genre affords another confirmation, that, however pleasingly she may peilorm in tragedy, the higher walk of genteel comedy is the depart ment io which she is calculated to shine. :NUN.. DEN'S John Moody is a masterpiece. Her Royal Highness occupied a retired part of one of the private boxes, and seemed rather desirous to avoid observation. The house was numerously and fashionably attended. LITBRAL TRANSLATION. New repent* full turpissiow. " It take* live 'ears to make to attorney." ligNay Wally', of Danesfort, in the county of Kilkenny, Esq is about to lead to the Hymeneal Altar the amiable Lady ELIZLESTH CUM sister to the late Earl of DEsAIT. fluxes, the confectioner, in Piccadilly, was employed all day on Saturday in packing up and pocking of small parcels of bride cake, to nearly every part of the United Kingdom, by order of Lord BELFAST, to commemorate his wedding. LAST F•IDAY was the Fourth Day of D►awing, when No. 16 MI, drawn a Prize of TWENTY TRONSAIID POUNDS, was sold IN Shares by CARROLL, 19, Quaint!, and 28, Usford.street. This Is a continuation of that good fortune which has for so many years distinguished CARROLLS Offices. The above is the only Prise above 2,0001. yet drawn; there are bat two days more, and the Wheel coalmine 91 Capitals, incleding Two of 20,0001., Two of 10,0001., Two of 5,000/., ■od 85 others of 2,000/ , I,ooot, 8001., Lc. Sic. NEXT TUESDAY, December 17, is the Last Day of Drawing but One. We learn that a true bill has been found, on au iodic-intent preferred by the Constitutional Society, for • libel in the Liberal. We scarcely need ob upon the nauseous hypocrisy of this prosecution, while the far more irreverend production of Mr. SOUTHEY stands unmolested. It must occur to all reflective persons that a formal assumption of the Judgment-seat of the ALMIGHTY, and • prostitution of the attributes and behests of the Deity, in so affected, formal, and serious approbation, is a thousand times more presump tuous and reprehensible than a piece of squib-. bevy, like the Vision of Lord BYRON, upon that very gross proceeding. So we are to be stultified, ad libitum, by hexamete►s, nauseously dealing out ultra wretchedness and flattery, its the form of Vi sions rf Judgment; but any thing which militates agates* those opinions, and burlesques the execrably silly manner to which they are conveyed, is to be prosecuted ! This is the affair of Howe over again ; and it is hoped that it will meet with the same fete. In that prosecution parodies were pre sented which were perfectly harmless in comparison with thousands that had been, and might be pub lished with impunity by all Boris of people, front the Prelate to the Curate, the Peer to the Peasant, the Judge to the Lawyer's Clerk, provided they are Tories or Subscribers. The signal defeat in that instance, we trust, will be repeated, for of all met. lives to prosecution, those are most detestable which originate in party spirit. and bear on the fare of them the double character of hypocrisy and partia lity. We copy the following excellent remarks on the same subject from the 7 imes : We arty be mistaken, but In our opinion Mr. Southey's Rads* of Judgment is mach more blasphemous than that of Lord Byron. Tu impale bad passions, hatred, and tow i malice to the Deity, as Mr. Southey has dune, is, sceor to the sensible remark of old Plutarch, a more atres calumny (the literal messing of blasphemy) than Atheki l itself. lard Byron evidently totem:led Duthie% but a pieea t 1 of pleasantry; and if his intimate argoai•taece with the mock•hermc school of Italian poetry has led him, like' Patch and Ariosto, too near the verge orprofaneness, no candid man would brand as erro► of taste with the oiliuns charge of dcsigning to bring the providence of God Into contempt sod abhorrence. lord Byrom has many offensive faults to seiner (or; bat be is MN AM enough to be a hlsertiosser." Ihey ought In do so without making speeches; he would toter into uo compromist br Mr. Fell .wes; when the cute came on on Townley he would do his duty. Mr. Hyatt,—" As to what has bees said reistive to the career— The Lour, CRANCILLOR..—" It Snakes no matter whether the caveat in withdrawn or aot, as it is my duty to ronnider Sind give ®y opittion on •bat has been *trimly laid be fore Die." Mr. HEaLb said, he and Mr. Treslove had determined that they would withdraw the opposition of the Noble Countess to the petition ; as to the tareaf, if there was any thing necessary to be done, they would undertake it tffitifld be dune. He would now say withdraw, ■ud w►y the.lhe be asked to repeal it on Thiirtilsy ! The LORD Caslieglia.cm—" Then I will give my judg ment on Thursday." Mr. WeTNSIISILL said it was his intention to be heard us if the cases* had not been withdtatan, and that he would ask of his Lordship that the affidavits of Mr. Alike and some other person. should be hid before his Meiji sty's Attorney- General, for him to direct proceedings to he taken on them for the infamous perjuriet they contained ; and. if It was ah jected to their being laid before the Album, General, as he was counsel in the ease, he would ask that they should be laid before his Majesty's Solicitor-Genres!. that hr might di• rect a prosecutium for perjury, or order some other course to he taken. The defence had been conducted in a way to make it a flagrant injustice to his Lordahip's tither as the Commissioner of his Majesty. Hie Learned Friend, Mr. Treslove, had said that the Noble Earl was nut privy to the adultery. He (Mr. Wetherell) had opened the caoe, that the state of the Noble Earl's mind did not comprehend what adultery was, as he, the Earl, the Countess, sad the adul terer, were seen in the same hell together. She denied the adultery, and the affidavit of Alder, the adulterer, denied all adultery in &pilaw!, England, and every where. Mr. HORS% said, that hr thought those uloei pa dons cif his Learned Friend usnecemary, at his Lordship had said he would give his judgment um Thursday. Me. i will not be interrupted. I will be heard." The LORD CH•IICILLOR--" 1 thick you will be 'stilled to be heard on Thursday. If this commission should Mime, it does not say that the. Noble Earl should he treated as • lunatic. If lamof am opinion that it should not issue, and you think I have formed • wrong opiniou, thou it will be your duty to address me, to set my opinion sight. As to the other requests, Mr. Wetberell, which rim have mentioned, I do not think it would be right for me to interfere, before the verdict of a Jury &aired the affidavits to be false: if I did, it would be prejudging, and sending it to the Jury with am undue prejudice. I considered it my duty, when Mr. Tres. love suggested that the affidavits were impertineot, to read them, for I thought adultery ought not to be mixed up with insanity, without it bore on it; and I came to the opinion that it did bear ou it." Mr. H t.ti said he thought it was bat fair to avow why they did withdraw their opposition, and in rase of the sug gestions of his Learned Frieud (Mr. Wetherell) being followed up, he would agaiu appear as Counsel for the Noble Countess. The LORD CHAWCFLLoR—" I nay s” at the dose of my life, what I did at the beg:noing of it, never to allow the character of soy person to be unnecessarily hurt. I have nothing to do but to give my opinion whether the commis. stun should issue or not." Mr. WITIEERELL-•—" 11l the tarsal withdrawn or nut ?" Mr. HORN E said he had misted that it was. Mr. W TTTTT au. said, if Ma Learned Friends had come into Court and said " withdraw," be would ask to be beard. It was charged that the adultery bad taken place between Alder and the Countess, and in such a way that no man of sound mind, being a husband, could be ignorant of; and this had been called a calumny on the Countess and Mr. Alder. They had filed a great number of af f idavits to repel that charge. Both the Countess and Alder by their affidavits negatived it : but it was since established by sixty or seventy affidavits is Edinburgh, in South End, is Hertfordshire, and in London, in brothels hired for the purpose. The LORD CHANORLLOR—" What is the intention of this?" Mr. WETHEIIELL said, it was to am that the adultery bore ots the iusaatty. The Lotto Comicamoo.- 0, I hare decided that it does." Mr. WITTIMILLA 111 sm to be beard on Thursday, I have no wish to be heard mow." The LORD CRANCELLOR-N TIM will depend on what may fall from me on Thersday." Mr. TREILOVE-" My Learned Friend had better get into Lincoln's lon.lields garden and make his speech ; be will get a more attentive audience!' Mr. Wirrnanst.t. said be did not object to the pleasantry of his Learned Friend; there were, however, 100 affidavits of the adultery having taken place. The Loan CHANULLOR.—" You must decide whether you will be beard now or on Thursday." Mr. Wenizasix--" As the subject is to be mentioned on Thursday. 1 will take thi opportunity of saying to those who cast on Mr. Newts. Fellowes imputations, that they now stood convicted of calumny." Further cousideration postponed till Thursday. DEERE V. WARD. Mr. HART was heard farther ism reply.—Further beariog postponed. _ _ _ SATURDAY, DIM'S= 7. SIR CHARLES LUNG IN THE MATTER OF IROTHgIi AND LEITH. This was a petition filed by Sir Charles Lour, as Trea surer of Chelsea Hospital, praying to be permitted to prove debts under the commission of bankrupt against Brothers and Leith, who had been indebted to soldiers io the army to the amount of 10.0001. of East India prise-osossey; and also praying to be pitt in possession of she books of Om baokrupts in order to establish the debt. Messrs:Brothers and Leith bad refused payment of prise money to several soldiers before their bankruptcy, on the allegation that they had remitted it to India. One private, of the name of Thompson, had returned to India to recover his prize•moory. An 'lairs.' at law had been brought, sad a verdict recovered by Serjeant Kay, of the 14th regiment. Upon this verdict Brother. or Leith, thea bankrupt., was committed to priests. Mr. CVLLII applied to the Court for the discharge of the bankrupt. Mr. H 'sup said, be consented so far an he was concerned, bet that world not liberate the bankrupt. The LORD CHARCVLLOM. said, it was quite evident that if the bankrupts acted as honest upright men would do, mid shewed bow much prize-money they owed, this person would be met at liberty. Mr. CULLEN next made preliminary objections to oho pet ilia., but-- The LORD CHAN CFLLOR directed Mr. Heald to g on. Mr. HCA LD pressed strongly the hardship and cruelty of swindling men who had devoted their lives, their strength, and their blood is the service of their country, out of the little prise money which they bad won by their valour; and contended that the Treasurer or Deputy Treasurer of Chel sea Hospital ought to be permitted to prove for them under the commission. The petition also prayed the appointment of a Co-trustee with tie. Wyatt, the present Trustee, who had been the petitioning creditor, and who appeared by Counsel to oppose this petition. Messrs. Rouratx and CHINO followed oa the same side until three o'clock, wheu the Court ruse. 1499 . 911 T, DLCIM RIR 9. Mr. Canto proceeded. He explained the object of the petition, which was designed to secure to the Commissioners of the Hospital the proper exercise of those powers with which they were intrusted, for t►e better securing to the speddry of the prize money and rewards assigned to them by the Government. He hoped that the importance of thus powers would be seen when it was considered that the bank nipts still rontimed to refuse to account to the Hospital fur upwards of 10,000/. which would be lost to the scientist to whom it belonged. As this was a sum rather greater thau all the debts proved under the Compassion, it naturally gave 'rise to the second object prayed for an the petition; namely, to set aside the present assignee, - appoint a co-assignee prite • • than •' his deputy. on Walter the Commissionen of the Hospital s the ►urns so drawn sad nut paid to the owners, and that in the mesa time the rertudleate should he stard, so s► ro allow the petitioner to adopt the measures rectos's, to that stink. Mr. COMM( opposed the petition. There had teen no imputation from first to last stoat the bankrupts as to Ili effects of their estate. The Commissioners of nsitkroot boil given all reasonable time to the Crimmimioners Clielres Hospital to prove their debt, which the latter lad railed to do. There could be neither law nor reason in •Ilowio them linger to detain the bankrupts in prim" tied to bob' back the certificate, as all the familia law aid the seropu• loos courier), of the Cunamissioness of Baukrupts, in extend. lug the time to those of Chelsea Hospital, bad failed to en able them to prove their debt. He admitted that the Act un der which the petition claimed the tight (53d George Ill.) vested the property of the prise-money its the 'Awls of the Commissioners; but that could by no torsos convey the right of proof to the treasurer ur his di patty. the Act being "holly attest us that subject. It was a right stitch must lint e equity or strict law for its basis. nal three was no rteht in equity, he send not argue; and certainly there war no suet. power given by the Mime. The Legislature bad a!tw.. been jealous of allowing the right to agents or persons hold log the same degree of isterest I. the subject. The Commis siemens themselves might have proved, but the Act could cc. ter have intended that their treasurer should prove fur them, or his deputy, or a clerk ; else it would have been expressly enacted, as ti was in the Exciter Bills Login Act in fat our si of the Commisooei of the Sin tag Fund, who were directly empoweted to sue and to issue out a commission of bankrupt in the name of their secretary. There were other provisions of a similar nature in the rules sad ordinances of law on behalf of Bishops sad Peers : but they were few is number, sod the cautious minim of their enactment, or admission is the practice of she Courts, proved tint the right must be Wei y clearly established before it could be allowed. Ewe, y facility had been given to the Commissioners in Chelsea Huspit•l its the three meetings, and a private meeting had been allowed besides, solely for the purpose of 'ratting them to prove if they could ; and after all the Commissionme fur the haul. ruptcy were of opinion that they could not prove the debt except in the name of those parties with shorn the law test • ed the right and interest. As arm, indeed, might lime power in some eases to prove debts, but the power to ceri4y, or refuse to certify, was intended only for the paiacipal , and none but he could be intrusted with the exercise of it. Mr. MORTADVII followed un the same aide, and was prc creche, to &Lew there was nothing on the face of the proceed ings to induce the Court to grant the petition, when The LORD CHAIRCELLOIL said that the order Of the Vice- Charicellor could nut, or at least should not, have been made, if it were not clear that the Commissioners of Chelsea Hos pital had a right to certify. He wondered that they had not carried the appeal before his Honour, es It was a very un. gracious thing to ark him (the Lord Chancellor) to set aside the proceedings of soother Court. The Respondents should have appealed to his Ratios, against the order. Mr. MONTAGUI thought that the retention or liberating of the bankrupts from imprisonment was a question of sufii chest mooseat to excuse the proceedings, supposing that they had takes as utradvisable course. The power of creditors was of itself enough capacious aad terrible its its nature without enlarging it, and by a liberal isterpretatio• of the statute imparting it to those for whom it was The conduct of all judges who bad assisted in legislating 0:1 this subject, that Of his Lordship included, sheaved OM a sense they entertained of the nature and use of that power of certifying left with the sic tote of the creditor. Lord Elleoborough had even expressed his regret that corporate societies should have been indulged with the privilege of suing debts in the same of their secretary, and be of striv ing by a sort of royal road at the event which in his opinion ought only to have bees sought by the older and • though perhaps tardier and more costly course of law. But the Legislature, is leaving the certificate to the twice of the creditor, had trusted to the cosmos spirit of liberality and understanding among the people, to rectify the errors of individual caprice or cruelty. Tbty could have allow ed of a power of such restraint and strictness, but for the confideace which they had in the operatlos of that spirit moving upon the face of the law. He was proceeding to stew bow impossible it was for the law to cone , de this right to parties who had it not established for them either its law or equity, when The LORD CHANCILLOR spin recurred to the /Mil:, s which he had before expressed. If the Chelsea Commissiouers had no right to prove, why was the order made? He could not help saying this; at 'lmmune time he was convinced that he knew mottling of the motives which lectured his Houuur to grant the order, mid before him they should hare appealed Wilsey had any objection to it. Mr. Moirriouit referred to a judgment of bis Lordship% upon which ao order bad afterwards been 'Deeded, fur pre venting the atm ventiren of parties between the bankrupt and his certificate, on the pretence of new allegations, after the regular time allowed fur that porpose bad elapsed. Mr. CHING took an opportunity of observing, in reply to his Lordship's remarks on the granting of the order, that they had represented to the Via-Cha•erllor that their peti tion was export., upon which they claimed the right of proof; but as the certificate of the bankrupt was in • state of forwardness, and actually ley before the Lord Chancellor, it would pass before they could have an opportunity of hin dering it, unless his Honour would allow them to convert their petition for right of proof, into a petition to stay the certificate. Hie Honour bad yielded so far to their relsrsartt t•tion, without alb sapling to determine the merits. Mr. PARKER was beard oil behalf of Mr. Wyatt, the assignee, against any alteration of what had been done tinder the commission, es no objection wbatrver had breis taken to his conduct during five meetings which had taken place. Mr. HEALD, in his reply, maintained, that the claim of the Petitioner was fully auctioned by the Act, though his Learned Friends, In ti-ir appeals to it, bad ueglected to mention the cleat %bleb contained that @section. He maintained the necessity under which the other patties lay, of appealing against the order, if they disputed the right when the order was served opus them. He insisted that the legal estate was vested in ths treasurer, who must thereby lave the power to certify. The LOAD CHANCULLOR wished to have the proceedings. of Ilse commission to read over, and recommended the Coot,- eel to look at the Act for Friendly Societies, which (timid , el them to sue and be rued, and to take out a commis ito of baukrupt—a power which was extended to the rase of money paid over by • triages', to his successor, it ii.ft letter beanie bankrupt. His Lordship acid that he would give judgment at the sitting of the Court tomorrow neormieg. TVUDAT, Dammam 10. The Loin CHANCIMLOBL observed, he bed looked into this short case, as it was deocisniusted by Cosmic!. There were two consideretioes: tat, Whether the cervficate out ht to be stayed; td, Whether on the constiection of the Act of Parliarneet any person could prove the debt fur the low. pose of sigoiug the certilicate. He confessed he tuts much sarpriscd that the Commissioners under the commission had signed the certificate under all the circumstanc.s he found in the paper, before him. le the pineal case the bankrupt. were is ed i 0 May,sod as soon as two mouths Molt imbed the creditors took out a coraniteston of irsokrupliy against them, which produced a 'internees us the pito of the beskrepts In which their debts amounted to 14,000/. of which he (the Lord Chancellor) believed 10,0001. belonged to the @gaits is Calcutta, who never bad beard of the benk ropiry : in fact, it wee soiling bet a whitewash commission. lu his opinion it was net necessary to sign the petit' ,or to give notice of the athdavits to be made eve of before they were filed. Is respect to the persons entitled to prove fur the purpose of aigniug the ceittficate, it would sot depend upon one Act of Parltimettt, but upon ar. veral classics coeteined to six or lyres Acts of meut, which at present he was ignorant of. If tire Commissioners were of opinion that for Bankrupts had con. formed to Me statute after tilting nut tire commission, Biro they woeld not look at the Bankrupts' persist's, condui I. Their ditty, however, was nut only to my that fottr•ifthn of the creditors had 'tried, but that the Bankrupts had meted op to the steatite, and he was of opinion that lbe Beekrepts bed Out Ihe ". &fee of • they 0 , 1 0 .1 t N f r' I_ ~~. 1 'ii .~ ~, ,• lid a .. • * . . to set aside the pre se nt assigner, or to appoint a cu -assnenee bed ..... net ;he wan also of upietion they bad out °taste proper her ! better ecriusiuted with the atfeirs of prise trigersey than the discovery,and the question ws s w h e th er t b r y oug h t to h ee l 's . p t. He humbly Kaput. therefore, tint, the Vessetiff carrel hikreseetiel •Okbe in a hill Iy so raw the certificate, flu, might be allowed Li prove, either in Ins ow nacre or that of but if turned oat they bed e s s u f usint d to th e s t atute , b e I. 1 , 1 4 .5. • !II . 1 ~,.. , ' .. ...1 . . ... - . .. , •- .. , • , • . . - . . ./ . . . -.... , • Sae