The British Press; or, Morning Literary Advertiser. — London, England, 1820-02-05 00:00:00

was unnecessary, and that ally phantom taught sup ply its place• —or, that so many of the prerogatives of the Crown as were suspended by the two Houses were not requisite for the well-bring and security of the country, at a ruoicent when it was most ex posed to danger, and that they might with safety and advantage be lapped off altogether ? Against 4 proceeding so pregnant with danger, all the rook branches of the Royal Family, without ex ception, expressed their solemn protest in the following words : " T►e Prince of Wales baying assembled tie whole of the mak ►rooches of the Royal Family, sod baring conemeni. cared f 6 tel t►e plea intended to ►e proposed by his Ma. eseltilsetial Servants to the Lords sad Commute fur the estahliseaseot of a restricted Regeacy, should the con tionance of his Majesty's ever.to.lse.deplored illume render it necessary; we feel it a duty we owe to his Majesty, to oar country, sad to ourselves, to ester our schema Protest against measures which we consider as perfectly unconsti. lotions!, as they are contrary to, and subversive of, the principles which seated our Family opus the Throne of this Realm. (Signed) " FREDERICK. M WILLIA M. " EDWARD. " ERN EST. " AUGUSTUS FREDERICK. " ADOLPHUS FREDERICK. " WILLIAM FREDERICK." So soon as this dignified and spirited protest was communicated to the Ministers and their faction. their hirelings instantly hurled their most virulent abuse upon the illustrious individuals who Sigurd it ; and for this solemn act the Courier had the vulgar insolence to designate their Royal Highnesses, in ridicule. as " the College of Princes." the " Booby boys with corals and bells," " who owed all their power to the favour of Ministers," charged the Prince of WALIS with the design of tearinz the Crown from the brows of his venerable and afflict ed Sire, and poured upon the whole Royal Fa mily volumes of the grossest insults, which excited the utmost disgust throughout the country. The strong feeling •hewn upon this occasion by the Prince of WALE.% his confidence in the Members of the Opposition in Parliament. and the personal friendship with which he honoured some of them, especially the Earl of MOIRA, Earl FITZWILLIAII, the Lords GREY and GRERVILLR, and the lamented Messrs. PONSONEY and SHERIDAN, elicited a hope in the public mind that his Royal Highness on accepting the Regency would immediately take to his councils those who were most deserving of his confidence ; doubtless, it was from an appreheasion of this nature that the Ministers resolved to impose fetters upon his Royal Highness. The Panics, however, with a delicacy and tender ness of affection that did him infinite honour, determined to exercise his vicarial trust with refer ence to those sentiments which he believed his Royal Father might entertain, rather than pursue the "dictates of his own desires. During the progress of the Regency Bill, the Ministers had more theta once been left in a minority in both Houses; it might therefore be presumed that with the deli cacy of sentiment which ought to belong to men of elevated rank, they would have saved his Royal Highness the pain of dismissing them from the Cabinet; but they clung to their seats with the tenacity of men who knew the value of the ' 1 loaves and fishes," and suffered his Royal Highness, even in the debasement of his rights, to display the native dignity of his mind, and to enjoy the triumph of his magnanimity. His sense of filial duty, and ' 1 the dread that any act of the REGENT might in the smallest degree have the effect of interfering with the progress of his So vereign's recovery," ♦LONE induced him to retain the Ministers in their places. What confidence could his Royal Highness share with men who were so selfishly careful about their own authority as to repose no confidence iu him ? Had the recent event which we all deplore occurred in the year 1811, and had the crown descended by hereditary right to his Royal Highness, with all the prerogatives un impaired, the declaration of the Ministers that " they would not resign, and that if they were driven from office, it should be the Prince's act, not their's," would have availed them little. They should have resigned, and have given place to mess who proved that while their general principles of government lead them to preserve the privileges of the people, they alone are capable of appreciatiog the nine and of asserting the fullness of the Royal prerogatives. The Paris Papers of the ist instant arrived last night. They contain intelligence ,direct from Cadiz of the 1I th last, and indirect from that city iria Madrid) of the 13th. At that date the insurgents remained in possession .of the Isle of Leon, with the exttption of Cadiz, whicb it was said no party lad declared in their favour. A like spirit prevailed in the capital, which it is tsid enjoyed perfect tranquillity down to the 20th. Forces were marching in all directions upon the isle of Leon, which is the focus of the insurrec tion ; unless it be fed with congenial fuel from kindred spirits in the interior, however bril liant its first ezertioint, it must ere lung entire. Phis representation is made upon the faith of the .11oniteur, which pledgee itself in a particular ataiiiwr to the veracity of its statements. The Five per Cent. Consuls on Monday were 73 fr. 40 c..; Batik Actions, 1,432 fr. 30 c. The German Papers which we hese received *hound with distressing accounts of the disasters cellud by the ioundations io the Netherlands. ... lIMMENNIIMMMIMINIIII tie contended that the Pamela woo not entitled to recovrr from the underwriters. Mr. Baatistitt.t. wds about to reply, but The Clllll Jurricg said that he weed aot trouble him•elf. The CHERI JUSITICIE said, that the Captain, who was. Spaniard, so rescuing the money. though by destruction, from the grasp of his country's enemy, he had douse his duly as good subject. The loos incurred by so doing was certainly a loos by capture, whiels was one of the perils expressed in the policy, It was also a jetsam, though not of the direct kind, as it arose out of those perils stipulated iu time p uhcy. and was clearly ejtudent generis, the qu dmficitions required by tile Ithoshau law. A Captain was Wood to preserve all means of welfare from the possessionof a for, and the civil 14w commanded hint, when he could land his crew, to burn his vessel rather than allow it to fall into the hands of the enemy. and this of course implied the necessity of burning or destroying his cargo, es pecially when it consisted of things useful for warfare, than which there could ho nothing more so than money. This, though under other circumstances, was the predicament of the Captain of the Spanish vessel in question, whose claim, as he was perform. iug his duty to the State to which he owed elle. gianre, was as good as that of an Englishman who should land his men and set fire to his ship, to pre vent tier capture. . Justice gAY LET concurred in the sentiments just exp►essed. The sacrifice had been made ex justa cause, and if slot jetsam, was a loss by enemies, for which the Plaintiff was certainly entitled to recover from the underwriters. Justice Ilinnotrn held, that it was a loss by jetsam, though not of the direct species of jefsius treated of in that part of the Rhodos,' law which had been referred to. If the loss had been of something which 11.41 been exhauvted in defence of the swipe!, it would not have been questioned for an instant, and no just difference could be established between such • loos and the one immediately in question. It was peculiarly necessary for the Court to shelter the Plaintiff's claim, for if the contrary principle should be acted upon, the consequeuce would be, that Captains of vessel, being compelled to con sult the safety of their owners, would •ever he brought to destroy goods from the fear of their fill. ing into the hands of an enemy. Thus would an enemy frequently be enabled to get possession of naval and warlike stores. Mr. Justice BUT concurred in the remarks of his brother Judges. It was incumbent upon that Court to protect claimants, of whatever nation, from losses which they had incurred i• the discharge of their duty, as subjects, when such losses were caused by perils, ejusden gowns, with those de tailed in the policy. He conceived that the words " ■nd all other dangers end perils of the like nature," which were inserted in policies, were de ? signed to strengthen the description, and secure such cases as that before the Court. CROKE V. LARKINS. Our renders will agree with us, that Is point out nnv mrao• of Alleviating the e , Os In which we are subject in this transitory life, is n duty we owe to each other. IN. followine invention we clseerfnlly recouppiend ar one which may prevent p recurrence of the evil, via teat feet, which bus deprived the nation of one 4„ it, 'brightest . penamenls, sod which may be prevented by the iaruiues and nmb-admired inveutitio of Me Patent Bottle and Shoes with WluileboneSoles.—(See Adestlissnsent.j The CMS, Jusrics asked if it was not jettort ? Mr. CAMPBELL submitted that it was not, or at any rate that it was not that kind of jades which worth' allow the Plaintiff to recover. The Rho dian 14w upon the subject and the chief commenta tors only admitted jets.* in eases where it might be necessary for the preservation of the crew and ►easel, and the rentaiuing part of the cargo or stores. It could never be supposed roofer any circunnitances to he the duty or the Captain to destroy the property of the owner, except for some ouch purport of partial preservation. A lost occasioned as the above had been was not by peril of the sea or by capture, but by mere Areal of capture, which was not a good argument, as the property might have been need, ur re-captured. And if the Court allowed such • method of de struction to insured property, who could say to what extreme abuser it might lead. The Came Jusetca would not allow such a stretch of the argument. The yea u d h a d bees. captured, and the only question allowable was, whether or not the loss came within the characser of a lost by capture ? Justice BEST naked the Learned Counsel, if, an a pistol being presented. a man deli vers hi. money, the loss Iw not occasioned by robbery ? Mr. CAMPBELL assented, hot rejoined, that if the man mo m( his money into the sea in come (pence, the loss email not be by robbery, nor would an i n dictment lie. The throwing the money into the sea prevehterl also the possibility of /1111 torn, which, though it I.al been discountenauced and gradually diminished by various Acts of Par liament, fkom the time of K►ng William jll. down to the 46th of Geo. 111. (bring held to be injurious to the nacres*. of British subject.). was yet in extreme mesa legal negociation. Under In this case the Defendant was as auctioneer, employed to sell certain landed property. The sale took place on the 19th of September, 1811 ; •ut of the coodisions was, that the whole of the pur chase money should he paid up nn the 94th of De cember following. The Plaiutiff became the pur. chaser, and paid the deposit money, 4351. to the Defendant, who handed it over to the vendor two days slier. Subsequently, the Plaintiff not being satisfied with the title, declined to pay the re mainder, and required the Defendant to refund the deposit. The letter refused ; • bill was filed in Chancery in consequence, the Defendant put in an answer that he had paid the deposit to the ven dor ; the proceedings were continued in that Court till the year 1814, in the course of which the Master reported that a good title could not be made tint at the time of the auction. Au action for money had and received was bmugbt by Plain tiff against Defendant, tried at the last Leo don Sittings, ■nd a verdict given for the Plain tiff; but the question was reserved for the consider•. tion of the Court, whether such au action was mno minable. Mr. Causwat.t., for the Defendant, argued on three grounds that the Plaintiff had no right to bring the action. First ► because he had not served the auctioneer with notice to retei►► the money iu his huh& ; second. that even if he had a right to an action he did not pursue it in a proper way, bat should have declared specially ; third. because he w►ts burred by the statute of limitations. In support of the first point, lie argued, that at the time the auctioneer paid the money to the vendor, no objection could have been made to the title; and that, therefore, he was bound to pay it to the seller. He quoted the cases of Borough and Skin• t►er, and of Edwards and Nodding. 5 Thanatos. Mr. Justice BAY Ley —" I have happened. Sir, daring your argument, to find two caves in which actions bare been brought aguinst the auctioneer. Since the case of Borough and Sitimier, has it Dot been determined that the auctioneer is in the we. tare of a stakeholder for the intuit,, and that he has no right to pay it over to the seller till the terms of the contract, express or implied, between them are fulfilled ?" With respect to the second point, Mr. Cass. WELL. contended, that the [Mendota held the y in his hoods solely on account of the vendor, for and by whom he had been appointed to act ; and that therefore, if any action lay .gsieet hull, it was o special action 011 the case. idly. The Learned Counsel quoted tl►e cases of &weed end ((lock, 5 East, Ratcliffe and Warrington. Vevey. joie. to 'Mew that it was a point estshltalved, that where a right of action did accrue to a buyer against an auctioneer, that right armed otoutediately on the expiration of the term within %Itch► the ermines, of the title ought to be made out : in this case, this expiry took place ►n December, Mil : sold therefore the *fatale a limitat►ons applied. Mr. Justice B•trt.jy--•• There ia au answer to that part of the argument. that the Qelendant has acknowledged within six year,' that the debt it Jut, in acknowledging that he psi., it to a wrung pe►- ►on ; but we know that the statute of limitations is founded on the supposition that within eo long • *pace as six veers the debt has been pod, but the 'teem% lust." Mr. E. LIMES was about to mantle the Court OD behalf of the other party, but The Justics thinking it enneemsory, delivered judgment. It seemed to Into that the _ The affidavit not having slated where the report was made, whether filed of record or not, the Comm ordered that it should be amended, which having been dope, the Court granted a eonditional rule. 11p1A11911 tr. HARIVION, Mr. Serjeent H•1111110N =owed to, art verdict in this cause. The action was 'nought ~ recovery of 1961. for goods sold and delivered in the year 1811, to which the Defendant pleaded the statute of Imitations. Ou the trial the Defendsat, went into the merits of his case, and the Judge, ill charging the Jury. said he thought the Plaintiff entitled to recover, best his Lordship. in the report( expressed no dissatishiction at the verdict. Thst Learned Serjeant strongly urged that justice wool& not be done if a second trial were not ordered. ' the Court said, that it would be in vain to ..rdeet. new trip' where the party did not undertake to telm the case out of the statute of limitations, for they could do !hot any further proceeding meet bi nugatory.--Rule discharged. LOPIZ V. De ?MET. Mr. Se►jeawt VIUGIII3I crier iu IQ %hews ease* why the Plaintiff should not be allowed to rutrr up a verdict on the fourth or tenth coasts of the dram. mtion in this cause. He argued Oil ground• legal. sad at couei4enoble length. The twos remains war foe farther argument to future day. We understoodthat M 4 lipoorwee will be brought up in the Ce ert Ifoseg's Finch morning. to argue the quoities of the legality el his co eeeeee 'lament under the Speskertiroarrant. •:s Sir BIINJAN!N BLORNFIRLR tee bear, epi pointed to the rasogervhip of the floes, Paris, at Hampton Court, We regret to hear that the Right lion. 1-IRNIT GRATTAN lies dangermarly dl, at Twinshit.ch, p. that Mn.. GRATTAN ss else us a very bed Soto Ivealth.—(thhernisur JuerlggA The Windermere, WlLLuegli. soiled from' cow for Liverpool on the ithth Ang,,,and L P la to repair. having experienced a severe" - the The Ewa India CostiPoity l s Ship is Seeger amok oilieVileptotobev, vourehle grind to pivicted op her . 1 impels-ea oy the fatigue aim smiction sue not un- ----•• -••^- • ••- • •• - --'" -- "s" •• role on Richard Peter Smith, en Attorney of dergoiie. The Whom Prince.* V ICTORI A-A LEI- ',eras of the sea, but the perils of an adverse coas t , in Chancery in consequence, the Defendant put in s ANDRINA enjoys esceilent health, and takes a car- and the assurers were not held liable, because tlx an sourer that he had paid the deposit to the wen- th e Court, to strew cause why the said Peter dot ; the proceedings were continued in that Court Smith should not be struck off the Rolla pf the I 'lege airing in the park almost every day. l oss was occasioned by means wholly out of con- till the year 1814, in the course of which the Court. The (*Neon which he moved were these : ' The Royal Cenotaph to be erected to the me. sisleration at the time of effecting the policy. Master reported that a good title could not be Mr. Smith was Attorney for an individual who was In the Olaf of Jones and Smell, where the loss had . r 'Dory of the late Princess CHARLOTTE of WALES made out at the time of the auction . Au action taken into custody under process of the Court, and a is to consist of • group of nine figures, larger than been peers' dby a mutiny in a cargo of slaves, for money had and received was brought by Plain- and many of them , from refusing fond and water, he prevailed on a clerk in his employment to put the life. sculptured in the finest Purian marble,tin , n . •gainat Defendant, tried at the last Lou. i n hi s name as owe of th e bail of that individual I had died. the cause of lose was held to be wholly which are in a state of considerable don forwardness lead'in . •d a verdict given for the Plain- I from the designs and under the direction of M. incidental , not at all connected with the perils ' I In g a ' n . The clerk made a" egids'ilt nester' that be was het the clerk of Smith. Tim matter teas referred to. Noroinst which the ship had been insured. and ti ff , but the question was reserved for the considers- I W . If JTT, E.g. The amount of the subscription for r lion of the Court, whether such au actioo was mato. one of the Masters of the Pleas side of the Court of t h e assurers were acquitted of their responsibility. f this national work was I-2 0001. three !haulm' II fi ve tainable. King's Bench, who reported that at the time this . ' -ye In other cases, with which he would not trouble the , hundred of which has hewn expended in its pro- , Mr. Caeswat.L. for the Defendant, argued ow hail was the clerk of, and iq the employment of, Court it had been held, that I worms. bor .. . Kress, slid the remainder is in the Imola of Messrs. y three grounds that the Plaintiff had no right to Mr. Smith. by ruts, were not perils of the ,of the same kind i DRUMMOND, to be drawn for as may be required. as those against which the insurances bed been bring the action. First, because he had not served Th e 'Admit not having stated where the report effecte The gates of the Court-yard in front of the Pe- d. In the case of Cullen and Butler, white the auctioneer with notice to fright the money iu was made, whether fi led of record or not, the ' lace of Carlton 'loom, home beets open throughout an Euglish man of war had by mist a ke fired into his losi.ds; second. that even if he had a right to C augror d ere d th a t it s h ou ld b e amen d e d, w hi c h e the whole of every dry since his MBJ MT'S accee. an English merchantman and sunk her, it was held an action he did not pursue it it, a proper having been done, the Court granted a conditional ) pion to the Throne, and every person of respectable that even that was not within the perils coutemplat- way, but should have declared specially ; third, rule. t exterior has been freely admitted to the grind hall ed by the policy. The present I was one of because he was barred b y the statute o f limitations. RIPIARDS tr. itriaittsos, to inscribe their mime,, We regret to learn that the same nature Which had not been considered in In support of the first point, he argned , that at the M r . S er j een t H ARRISON =owe d to • vet initial. ' improper advantage has been taken of this arrange- effecting the policy, and would not be classed with time the auctioneer paid the money to the vendor, ver di ct i n t hi s cause . Th e ac ti on was ' broug ht f ob . S went in some few iustsucest several Perseus, who" any of the !moils rgainst which it might even be no objection could have been made to the title; recovery of 1961. for goods sold soil delivered in - rank in life could not entitle them to such a liberty, and that, therefore, he was bound to pay it to the the year 1811, to which the Defendant pleaded the inferred to guard the assured, t having inscribed their names in the book, which isr seller. He quoted the caws of Borough and Skin • astute of limitations. Ou the trial the Defendant The CHM JUSTICS asked if it was not 'et every morning laid before his Manger . i tier, and of gdwarile and [lidding. 5 Taunton. Some of Mr. CAMPBELL submitted that it was not, or at wrist into the merits of his case, and the Judge, in • these were discovered before they left the hall, and Mr. Justice Baetey—sr I have happened. Sir, charging the Jury, said he thought the Plaintiff any rate that it was not that kind of artus which ' their names erased in their presence. Since his worth' allow the Plaintiff to recover. ) The Rho- during your argument, to find two cases in which entitled to recover, bat his Lordship, in the report • r Mbiaesrir's indisposition, the bulletin of his health th an law upon the subject and the chief comments- actions have been brought against the auctioneer. expressed no disnotisfection at the verdict. Thd .i ) is constantly exhibited in the eastern lodge, and tors only admitted jetsam in eases where it might ca Since the se of Borough aud Skinner, has it not Learned Serjemot strongly urged that justice would ; '.. f any person is at liberty to see it. been determined that the auctioneer is in the no. not be done of a second trial were not ordered, bas . • be necessary for the preservation of the crew and r At one o'clock on Wednesday, *fen de joie was tented, and the rrmuaiuing part of the cargo or I tune of a stakeholder for the panel. and that he the Court said, that it would be ill vain to order a fired liy the troops in the Tower, in honour of the stores. It could never be supposed limier any has no right to pay it over to the seller till the terms new trip' where the party did not undertake to take ' KING'S Accession. The Union Rag was hoisted circumstances to he the duty of the Captain to of the contrect. express or implied, between them the case out of the statute of limitations, far uasless I are fulfilled ?" they could do thet any further proceethiog must be during the ceremony ; after which, •! God sane the destroy the property of the owner, except for . . Xing," was loudly pronounced by the soldier., and some such purpose of partial preservation, A I With respect to the second point, Mr. Cass. nugatory.--Role discharged. • i t surromirlitig spectators.—The flag was then lower- loss occasioned aro the above had been was not by E IVELL contended, that the Defendant held the LOPRZ T. DE TASTE?. . -. ed to the half-us at; as it will continue until after peril of the sea or by capture, but by mere dread yin Isis hands solely on account of the Mr. Serjeaut VAUBIIAM came 1.1 IQ sheaf caws 1 i the obsequies of our late revered Monarch. of capture, which was not a good argument, as the vendor, for and by whom be had been appointed why the Plaintiff should not be allowed to cuter up I. t to act ; and that therefore, if any option lay against a verdict on the fourth or tenth could% of the derta- in future. be wider the direction and sole manage- And if toe Court allowed such a method of de - The Wisterias at Covent.garlen Theatre will, ProPerlY might have been weed , ur re - captured. him, it was a special action on the case. idly, ratios in this cause. He argued on grounds silkily ' merit of Mr. BISHOP. the composer to that theatre. struction to hatred property, who could say to The Learned Counsel quoted the cases of &wood legal. and at comae ruble length. what extreme abuses it might lead. and Block, 5 East, Ratcliffe and Warrington, ISt The can remains over foe further argioment to al . . I Glass made/tom Straw !—Wheut straw may . he • Melted into a colourless glass with a blowpipe, The Omar Justice would uot allow such a , was a point es •is , Vevey. jet*. to 'phew that •t tbl hed future day. t tch of the rot t l'be yes. I had b een that where a right of action did accrue to a buyer 1 without any addition. Morley straw melts into • ere a - nmen • . captured. and the only question a ll owa bl e was, glow of a topaz yellow colour. against all a ucitomer, that ri g ht veiled immediately We understand that Mr. Hpatiouse will be an the expiration of the term within %%torch the brought up in the Court of liketig's Bench this whether or not the loss came within the changer THE FRANK LIS MSS.—We are requested to of . . goodoeba of the title ought to be mule out •in this morsiing, to argue the quevtios bf the legality of a MI by capture r state, tint the Memoirs of Or. Frangin, published Justice BEST oinked the Learned Counsel. if, an case, this expiry took place iii December, MI ; his co ------ ailment under the Spee . k i er's•warraut„ ' front theoriginal MSS. bequeethed to his K. &whoa, are now a pisi u l beili g p resen t e d. 9 m an delive rs hi s moKe y, nod therefore the statute of limitations applied . Sir BIDIJANIIN BLOOMFIELD p's ore hear. opt • I conspleted, by the publication of the Fifth sold Sixth , Mr. Justice BATLEY —•"rhere is au answer to inted to time eau rats of lbS Hoare Park, at ▪ Volumes, in octavo, sad the public are atkeised to perfect the goes be not occasioned pop by robbery ? • ' their sets without delay. 'Phase two V ultowww will be foment Mr. CAMPBELL assented. lint rejoined, that if that part oh the argument, that the !Defendant has Hampton Court. •I to conlaiii a vast •umber of curious sod urigival Papers, too the man thole Ills money into the sea in come- acknowledged within six years iloat the debt is Jut, We regret to hear that the Right Hon. MUIR a fner.ely of interestiug suliects. I I I I tbe bb wiener, tle OM MOO IWI by ro ery, nor in acknowledging that he pail it to a wrong per- GRATTAN lies dangerously dl, at Tona•hti.ch, p. . r I Our readers will agree with us, that to point would on indictment lie. The throwing the money woo ; but we know that the statute of limitations is that Mar. Gare - rao is else in m a ber very b .. : so. Note s it founded on the supposition that within ni long • health, —( Hibernia,. Jaerwal.j out any Meals , of sllesieting the e' Os to which we into the nes prevented also the possibility of rim- *pace as six years the debt has been paid, but the The Windermere, Witi.l.oll% sailed fru, I are ralyeel in this transitory tile, is a duty we owe no each som, which, though it hail been discountenauced I other. 't Ile -following invention we elteerfoity recowgiend aii au,. i gradually diminished by various Acts of W a r- teeenn lust." cults for Liverpool on the 48th Aug, , and put °sic which say prevent a recurrence of the evil, vie wet " me 1, ~ . Mr. E. LAWES was about to adilme the Court oo to repair. hawing exp., ieneed a oevereiiilelos the ht. I feet. which has deprived the nation of one 4, its brightest u teem toe time of Kong William IH. The East India CoutiV eg ihip •Srierteillaiss oftiorlielilq, and which nisy be prevented by the iageosioise down to the 46th of Geo. ill . (being held to behalf of the ether party , but The CHIEF Junta' thitiking it unnecersary, iii Stinger Moo& the lOW ' sad ameto-adonired Memnon of rue Patent Roos sad Shoes be injurious to the totems*. of British subject!). . - with Wimiehusie entes.—Otes ddrsrtisswent4 ' was yet in extreme mesa legal negotiation . Under delivered judgment. It seemed to him that the veurable wind to proceed ea tier vorsieto ' ) C. • • • . . . .... _ . . . . - • - . It -.- • . t #1 • %4 V,1t1ak: . 1 . ' ..: ." •••• $ t i e „ , ..":.- .X •• ••• .A.I. 1 ' 47 .. 41 j ...... - : = "1..., \ ~....;...- -:„.;.... 0% ......„, ode ...... t. • . ~. .. 1 i ".-.. . -,,- .. 4 ..... •• I ~.. . V.r6il. 0,, , oc, POETRY. Oh' sleep ere the time of thy childhood is past, Ere the young •use of life feeds the world's dreary blast ; While the gloom of this earth has not clonded thy day, And thine eyes hare not wept to see Friendekip's decay Thea slumber, my child, ere that dark hour is Dinh, Whet, deceiv'd and in sorrow, unneeded thou% sigh ! This hour is the portal that blesses our time, 'Ti, the day-break of joy in its sunniest prime ; 'Tie a wild doter that seems in its blossom too fair Fora fruit full of bitter at last to he there— Then slumber, my child! ere this moment is fled, And let peace be the pillow that welcome t►y head. And yet as llsoult wander through Sorrow's dark way, Some bright gleam of pl may lead thee its ray ; Same pare light of joy fur a moment may shine, And oblivion of weeping and darkens, be thine : Then slumber and fear not thy dream may be past, But be happy and think that the vision may last ! THE LA7'E XIAG. Yesterday we gave a description of the three in. terier coffins for the late King, which were removed on Thursday, about one o'clock. from Messrs. France and Bunting's warerooms in a hearse and four, which arrived at the King's Palace at Wind sor between five and six o'clock. The coffins being conveyed into the late King's chamber soon after seven o'clock, the Natal ceremony took place of placing the Royal remains in the ins►de orna mented coffin, which solemn openttion was per formed in the most respectful meaner possible, by ►Mr. Mash. together with Mr. 8011, the lite King's principal Page; Messrs. Clarke, Baker. Healey, and Buildup., Pages of his Majesty'. back -stairs, or those attached to the Royal Person. After this last act for their revered Master and Sovereign. Mr. Brand., the late King's Apothecary, filled up the coffin with spices, &c. Mr. Biut►ng then placed the leaden cover on the coffin, after which it was soldered down. THE LATE DUKE OF KENT. Yesterday morning, soon after nine o'clock, the state coffin for the late Duke of Kent, and the uru, the body of his Royal Righoses, having been embalmed, were removed from the wareroonss and cabinet establishment in Mount -street, Grosvenor square, and placed in a hearse, drawn by four horses, when it started on its way to Sidmoutli. The hearse was expected to reach Salisbury last night. The state coffin and uru are covered with the best Genoa crimson velvet. They are richly and tastefully ornamented with highly gilt orna ments, with the Royal arms, and U. K. on the corner oruaments, the plate on the centre of the cover. with the depositum engraved on it, moat richly and highly polished. Prince LEOPOLD, since his return from Sid mouth, has visited Isis afflicted sister. the Duchess of KENT, at least once every day, mild generally remains several hours. Her Royal Highness's health, we are happy to understand, has not been impaired by the fatigue and affliction she his tin dergooie. The Want Princes* V ICTURI A•ALEZ-i ANDRINA enjoys excellent health, and takes a car riage airing in the park almost every day. The Royal Cenotaph to be erected to the nit mory of the late Princess CHARLOTTE of WALES is to consist of a group of nine figures, larger than the life. sculptured in the finest Parian marble. which tore in a state of considerable forwardness from the designs and under the direction of M. WYITT, The amount .tr the subscription for this motional work was 0001. three thousand five hundred of which has been expended iii its pro gress, and the remainder is in the hands of Messrs. DitummoaD, to be drawn for u may be required. The gates of the Court-yard in front of the Pe. lace of Carlton House. lieu beets open throughout the whole of every day since his MRS MY'S ticeet slots to the Throne, and every person of respectable exterior has been freely admitted to the grand hall to inscribe their names, We regret to learn that improper advantage has been taken of this arrange ment in some few instances; several persons, whose rank in life could not entitle them to such a liberty, having inscribed their names in the book, which is every morning laid before his M &MTV. Some of these were discovered before they left the hall, and their names erased in their presence. Since his MAJESTY'S indisposition, the bulletin of his health is constantly exhibited in the eastern lodge, and any person is at liberty to see it. At one o'clock on Weciroaley, *feu de joie was fired by the troops in the Tower, in honour of the KING'S Accession. The Union Rag was hoisted during the ceremony ; alter which, •1 God sane the King," was loudly pronounced by the soldiers and surromidiog spectators.—The flag was then lower ed to the half-us at; as it will continue instil after the olowquirs of our late revered Monarch. The OrsAtorios at Covent-garden Theatre will, in future. he under the direction and sole manage ment of Mr. BISHOP. the composer to that theatre. Wass made from Straw !—Wheut straw may be Melted into a colourleve glass with a blowpipe, without any addition. Morley straw melts into ■ glass of a topaz yellow colour. THE FRANKLIN MSS.—We are requested t o state, that the Memoirs of k. Frauldie, published Crows lbesariginal MSS. bequeathed to his K. &whoa, are now completed. by Hoe publication of /he Fifth and Sixth Tultsupea, its octavo" amid the public are attsiord to perfect their sots without delay. 'These awe Yoliinse• will be foment to conlaio a vast •umber of carious sod origami! Papers, uo a iner.eay sit interestiog mations. .r • COURT OP OP CHANCERY, Wtorshoras, PRIMLY, FESIIILIART 4. WIIM •The LORD CRANCELLOR came into Court at half-oast trio o'clock, accompanied by his Honour the Vists-Cii•vickt.Lon, who was accompanied by hia Secretary, Train-bearer, &c. On the Lord Chancellor's taking his seat, Mr. Wilbraham administered to the 't r ice-Chancellor the oath of allegiaiice to King George the Fourth. His Honour took the owls standing on the Bench, the Counsel and all persons in the Court also Ina Kl ing. His Honour then withdrew, to preside in his own Court. The Lord Chancellor also retired to his private room, and did not return into Court for a considerable time after; he was occupied until half-past two o'clock hearing • motion in part, of no interest except to the parties concerned, when he rose. His Honour the Nlssfsa of the Rol.r.s will take the oath •f allegiance to-morrow (this day). at twelve o'clock. COURT OF RING'S BENCH, Wigwams:ea, FRIDAY, FRIIIIVAIRY 4, The Attorney-General, Mr. Lushington, Messrs. Des!try, and Mr. Short, took the oaths at the open ing of the Court. BUTLSR P. WILD. This was a question wising out of a policy of in surance which had beeu effected on a vessel wiling with regular licenses to Cobs and 1.. Gaily, hay. ing a quantity of dollars on hoard, out of which the Commander lied thrown overboard 100.000, from the danger, as was set out in the declaration, of thei► falling into the baud. of an insurgent cruiser, which was in chase of them. A demurrer had been put in, to which there was a rejoinder. Mr. CAMPBELL argued in support of the de murrer. The uuderwriters, he s.iid, ought not to be liable, inasmuch as the declaration did ant state that the enemy's was an overwhelming force, and that the danger at the time of throwing the dollars overboard was not declared or proved to be unavoid able. Mr. Justic- BATLEY asked, if the capture of the vessel, alleged its the declaration, did not imply the worst degree of danger ? M►. CAMPBELL thought otherwise, and that the money, lied it bee', kept on board, might have in spirit►d the crew to a more resolute resistance. Mr. Justice BAYLEY thought that it would have been more probably a greater excitement to the courage Of the assailants. Mr. CAMPIELL then submitted, that the peril by which u ship suffers. or is lost, must be specified in the policy. Chief Justice ABBOTT reminded the Learned Counsel of the general phrase contained in policies, of " all dangers whatsoever," &e. Mr. CAMPBELL maintained that even that would not cover the present case. He drew a diatinctiam between those losses which are incurred by dun. gees which are inevitable, and those which, like the present, were caused immediately, grin fitment, by choosing some other Mode of-i«. - or destruction, for the sake of avoiding that which was moat imminent. As to the first class of cases, he contended that in a loss accruing incidentally from circumstances not contemplated by the policy, the assurers were net liable. In the ruse of Green v. Elmoley, where the ship had been driven on an enemy's coast by n tem. pest, and was captured, it had been decided that the eosin mimes of the loss of the assured was not the perils of the sea, but the perils of an adverse coot, and the assurers were toot held liable, become the lolls was occasioned by means wholly out of con. sidenotion at the time of effecting the policy. In the CM' of Jones and Smell, where the logo had been oceasi dby a mutiny in a cargo of olives. and many of them, from refusing fond and water, had died, the cause of loss was helot to be wholly incidental, not ■t all connected with the perils against which, the ship had been insured, and the assurers were acquitted of their responsibility. other cases, with which he would not trouble the Court, it had been held, that losses by worms. or by rate, were not perils of the pea. of the same kind as those against whicb the insurances had been effected. In the case of Cullen 61111 Butler, where an English man of war had by mistake fired into an English merchantman and sunk her, it was held that even that was not within the perils contemplat. eat by the policy. The present loss was one of the same nature, which had not been considered in effecting the policy, and would not he classed with any of the perils against which it might even be inferred to guard the assured. three points ou which the meat had been founded were . viz. what was, the effect of the money to the auctioneer. uude► of the ease? of the sum plaid was a deposit. till it became known parties was entitled to receive it, lion of a certain fact, thee the Der, to have paid it till that f set had He thought the character of the been determined in Borough and Si he had been described as a stakeholder been said, that he was not juatified deposit out of Isis heads. tiII it • which of the parties it belonged. cases since decided in something but they had rested on sp►cial growl there existed none in the present was to be decided COI the general was of opinion that it was the dt fendant to hold the sons deposited ascertained which party was emit? That had not been determined previous to the commencement . fore the statute of limitations was and the Plaintiff was entitled to The other Judges delivered their same effect. FORGERY. Mr. Guaxsy applied to the shew reuse why judgment should on two warrants of attorney. The behalf lie lied been instructed highly respectable clergyman. Lordships would psrdoo his fort. any names as yet. The ground affidavit was, that the aguish. jointly with that of another gesitlemao been possessed of large property i try, but who had• now left it ' which were intended to sem!. . payment en annuity, were forged ; that he had not written it, nor authorised any other person to do so; and that he had had no concern whatever in the transactions precious. The first intimation he had hod on the subject was same time since, from en mimes.), who informed him, since he saw his name to the warrants with that ash* gentleman already referred to, that two of the instalments, tg secure which the werrants hail been given, were become due ; oii which, thinking there had been some mistake in the matter, he wrote to the gentleman comm what had occurred. It was supposed that bad the instalments paid himself, sr his no more ou the subject for some time. however, be was told by the attorney, that was subscribed to these instruments, Hr that he was entirely umonnected with, rant of them. The attorney said that I take no new step till the 19th February, clay the next instalment became due; but less the matter were mentioned in the in court, be should then be compelled for its recovery. The instruments had spected, and they appeared es they had presented, but he had the affidavit of the man to the facts he had mentioned. and its witness to the instruments. a schoolmaster. posed that he had attested them at the request , the other gentleman who had passed them. but that he had not seen the clergyman write his pease. gale granted. COURT OF COMMON PLEA; hum, Fsiptimair 4. Mr. Serjeant Laws moved for e conditional rule on Richard Peter Smith, an Attorney the Court, to 'hew cause why the said Peter Smith should not be struck off the Rolle pf the Court. The facts on which he moved were these Mr. Smith was Attorney for an individual who we. taken into custody under process of the Court, aartt he prevailed on a clerk in his employment to pas in his name as oue of the bail of that individual The clerk made an affidavit, stating that he was not the clerk of Smith. The matter was referred one of the Mastery of the Pleas side of the Court of King's Beach, who reported that ■t the t►me the bail was the clerk of, and iq the employment of, Mr. Smith. I . e Lwow(' Counsel•* urges were resolvable into one. t or the payment of the , wader the cit.( unsstances psid WWI in the notate of known whit h of 1144 twa ceive it. on the determine- s the Defendant ought nu• f set had been ascettaisied er of the hodioueer bad u gh and Steinke'', iw which a stakeholder ; and it had of justified in paying ▪ it we, wade clear u• elosiged. Three had bey.. Whin of a differeut p►cicl grounds. Of thew present lust:thee. and ic he general principle. II - was the duty of the Ds-- deposited tell it had hero was entitled to receive N. mined tdi ',Ohm Sill years cement of the suit, there- colons was not applicable, Weil to maintain it. 'veered their opinions to the to the Court for a rule to rut should out be set aside ley. The person GU wisest • strode(' to apply, wee a yawn. but he hoped their his forbearing to 'sessile, e ground disclosed in his sagiseture of his name ether gentlernau who had •,e property in the CUU left it to the warrant* s secure the lament of minuisicating that he Own client heard A fterwards, at hi• name soured him h, and 'gigo- t he should F, on which but that on- ! mean time rf to proceed id been in- ■d been re- the clergy. II that of Oar 'ter, who de. r►goest of j i . : , 1. S . .