The Sun. — London, England, 1829-06-26 00:00:00

trivances to which ingenuity has been obliged to resort, in order to render them subservient to those purposes ; and from this outline it will ap pear, that the principal objections to which they are open may be comprised under the following heads : 1. The gaining of a title by non-claim by means of a fine, as noticed in that part of our Report which relates to the Statutes of Limitation. 2. The rule that a fine divests estates and extin guishes rights, powers, &c. in cases not intended by the parties. 3. The fiction that a fine levied in vacation, as of the preceding term, takes effect from that term, so as to vest an estate in the party, by way of re lation, before the commencement of the process. 4. The rule that in a recovery the tenant to the prwcipe should have the freehold. 5. The forfeiture of particular estates. 6. The numerous forms and proceedings with which fines and recoveries are incumbered, and the delays and expences (ipcluding the fines payable at the Alienation Office) which such forms and pro ceedings occasion, and the liability of fines and re coveries to be avoided in case any of the parties should die while the proceedings are pending, or in case mistakes should be made in the process. 7. The inconvenience and additional expence occasioned to parties, where they are under the ne cessity of levying more than one fine, or suffering more than one recovery, in consequence of their hav ing lands in more than one county. 'B. The principle that fines and recoveries levied and suffered by infants or lunatics should be valid, because they are judicial proceedings, though purely fictitious ; and that at the same time deeds executed by the same persons should be void. 9. The distinction between the effect of a fine levied by a tenant in tail in possession, and of a re covery suffered by the same tenant in tail. 10. The not giving effect as between the parties, to fines and recoveries in the Court of Common Pleas, of lands held in ancient demesne, though re versed by the lord. PRESCRIPTION, AND THE LIMITATION OF ACTIONS. We have now to advert to the subject of Pre scription, and the Limitation of Actions for the recovery of Real Property. It might at first sight be considered, that the duration of wrong ought not to give it a sanction, and that the long suffering of injury should be no bar to the ob taining of right when demanded. But human, affairs must be conducted on other principles. It is found to be of the greatest importance, to promote peace, by affixing a period to the right of disturbing possession. Experience teaches us, that owing to the perishable nature of all evidence, the truth cannot be ascertained on any contested question of fact after a considerable lapse of time. The temptation to introduce false evidence grows with the difficulty of de tecting it ; and, at last, long possession affords the proof, the most safely to be relied upon, of the right of property. Independently of the question of right, the disturbance of property after long enjoyment is mischievous. It is ac cordingly found both reasonable and useful that enjoyment for a certain period of time against all claimants should be considered conclusive evi dence of title. This period should be so fixed as to give ample opportunity to assert just rights, and yet not to countenance claims which have been lon g dormant. It will be found that diffe r e nt kins of property, as Land and Advowsons, will re quire different periods of limitation. But there seems no reason why there should not be for each kind of property one uniform period of limitation, depending upon the length of adverse enjoyment, and not upon the form of the remedy selected by the claimant, or upon any act of the party in possession for the purpose of abridging it. On this subject the law of England is very unsystematic and very defective. At common law there was no period of limitation except a year and a day after a recovery in certain real actions ; and the statutes which have been passed to create or to vary the periods of limitation have had no regard to uniformity or consistency, and have laid down rules which do not depend upon the nature of the right to be acquired or de fended, but upon a number of technical distinc tions, with reference to which a confused and unprofitable variety of remedies is afforded to the claimant ; or upon the secret act of the party in possession. The existing periods of limitation chiefly de pend upon 32 Hen. VIII., c. 2, 21 Jac. I. c. 16, and 4 Hen. VII. c. 24, together with the rules laid down by Courts of Justice respecting legal memory and presumption. By 32 Hen. VIII. c. 2, a writ of right on the seisin of an ancestor, to which till then there was no limit, except the reign of Richard 1., was confined to sixty years, and a possessory action on the seisin of an ancestor to fifty years ; and no real action, droitural or possessory, could be maintained by any person on his own seisin after a lapse of thirty years. Formedons in reverter or remainder were required to be used within fifty years ; and it was enacted, that no avowry or cognizance should be made for any rent or ser vice after fifty years from the seisin of an ancestor or any other person. The statute 21 Jac. I. c. 16, limits the period for all writs of formedon to twenty years, and generally enacts, that no person shall make entry into any lands but within twenty years next after his right of entry accrued. This, with the single exception of fine and non-claim, was the first and is the only limit by statute to a right of entry, which at common law was never taken away by lapse of time, but only by descent cast, discon tinuance, or warranty. The statute of 32 Hen. VIII. c. 2, contains no saving, except as to rights which were in existence when it was passed ; but '2l Jac. I. c. 16, saves the right of persons under disability when their rights accrue. To actions of dower, escheat, waste and seve ral others in which seisin need not be alleged, there is no bar ; and there is no period of limita tion, fixed either by statute or judicial presump tion, with respect to the right to lay tithes or ad vowsons. In some cases, the want of a fixed period of limitation has been supplied by the doubtful doctrine of presumption. Since 9 Geo. I. c. 16, the rights of the Crown are barred by adverse enjoyment for sixty years; but there is yet no Statute of Limitations for the Church. A presumptive right to incorporeal heredita ments can only be established by proof of en joyment of them for such a period as will justify a jury, under the direction of a Judge, to infer that the enjoyment has continued ever sine the commencement of the reign of Richard I. By statute 4 Henry VII. c. 24, a fine with proclamations is made a bar to all persons hav ing present rights of entry, and not being under any disabilities, if they de not claim within five years after the proclamations made ; to all per sons under any disabilities, if they do not claim within five years after their disabilities are re moved ; and to all persons not having present r ights, if they do not claim within five years after their rights of entry accrue, unless under disabi lities, and then within five years after the removal of their disabilities. In many cases, the above statutes do Dot suf. ficiently protect possession. In some they re strict too much the right of recovery. After an adverse possession of sixty years, by which the highest remedy is barred, under some circumstances a right of entry may still be put in force. On the other hand, a wrongful posses sor is permitted, by going through certain forms, which are in reality known only to himself and his legal advisers (although a fiction of law sup poses them to be made public) to bar the right ful owner in the short space of six years from the time when the right accrued. We propose that the law should be rendered simple and consistent,—by giving a uniform and certain effect to adverse enjoyment,—by giving all persons alleging that they are unjustly de prived of their estates the same time for enforcing their claims, with a certain indulgence to claim ants under disabilities,—and by giving one re medy at law with regard to lands, instead of the existing variety of remedies to which the different periods of limitation are attached. Notwithstanding the anomalies to which we have adverted, the period of twenty years is the limitation which in this country is generally acted upon, and which, being established in some in stances by statute, and found to suit the conve nience of society, has been made the foundation of legal presumption, and the rule for affording or refusing equitable relief. We think this should be retained, and with a few exceptions and qualifications made universal. There is likewise one remedy to recover possession of land, which in practice has nearly superseded all others. We think that this alone, with some improvements, should be_ retained and extended to all cases. Adverse possession of land for a period of twenty years will then be required to be, and «ill be a bar to all adverse claims ; and all the antiquated for.ns of proceeding which are now occasionally resorted to for the recovery of landed property will give way to ejectment. The establishment of this period of limitation, and the abolition of real actions, would tend greatly to diminish litigation, and would save the owners of real property from much vexation and expellee to which they are at present exposed, sometimes in defending their possession, and still more frequently when they attempt aliena tion. By the proposed alteration the practical efficient remedy for recovering possession would not be unpaired. When the ancient remedies were framed, descent was the chief mode of trans mitting real property, and devises, terms of years, and the distinction between legal and equitable estates were nearly unknown. The ac tions which may now be brought after an ad verse possession of twenty years, are almost ex clusively applicable to the case of an heir claim ing a legal estate by descent, and they require that he should allege and prove a seisin in his ancestor. If a chattel interest in land be claimed, if the claim he under a will or conveyance or en tail, an adverse possession of twenty years is an absolute bar. In Courts of Equity the rule is generally understood to be established, that after an adverse possession of twenty years no relief' can be given ; and when it is considered how generally the existence of mortgages, trusts, and outstanding terms .prevents any legal remedy, it will be found that this rule is applicable to a very large proportion► of the land in England. (To BE CONTINUED.) THE LONDON BRIDGE APPROACHES. Most of the remaining claims under the New London Bridge Act are, it is believed, likely to be settled without being submitted to Juries. Indeed the Corporation has made such liberal offers, and the exorbitant demands of unconscionable claimants hare ha►l such an effect upon the public feeling, that Juries, as has been very lately testified, no longer measure the verdict by the amount required. The most valuable premises on the London side of the river have been already removed, and either a ver dict or a compromise has set the claims for them at rest. Several houses on the Surrey side have been disposed of in the same way. It is calculated that the Corporation has settled for nearly one-fifth of the premises required to perfect the approaches.— The cost of compromises, without verdicts, is up wards of 150,0001., and the following is an exact account of the claims and verdicts : In Southwark. Claim. Verdict. Lease and Goodwill £23,937 .3 4 £12,700 0 0 Do. Do 9 704 8 0 1,750 '2 0 Freehold and Goodwill 31,120 12 0 18,067 5 0 Lease and Goodwill 1)o. Do '2,071 16 0 BB3 0 0 Do. Do '3,160 17 0 639 15 0 Do. Do 4,671 17 6 2,710 8 0 Freehold 3,300 0 0 2,600 0 0 Lease and Goodwill 4,170 7 0 2,126 0 0 Goodwill 923 15 0 220 0 0 Freehold 4,190 0 0 2,100 0 0 Lease and Goodwill 4,018 1 6 485 14 6 Do. Do 2,110 0 0 BB7 8 6 Do. Do 2,596 13 6 1,626 1 6 Do. Do 2,450 0 0 1,412 6 6 £95,17510 10 £50,450 0 0 So that the excess of claim upon the part of fifteen claimaMts above the estimates of 'the South wark Juries, in the sum of 95,675/. 10s. 10d., was no less than 45,225/. 10s. 10d. The cases settled by the verdicts of Juries in London were as follow : Calm. Verdict. Freehold and Goodwill £40,921 10 0 £18,095 2 8 Goodwill 1,650 0 0 lOO 0 0 Lease and Goodwill 14,400 0 0 14,061 19 6 Do. Do 913 1 4......... 147 17 8 1:57,917 12 1 .1:33.004 19 10 The disparity particularly on the London side, is enormous, and has excited some surprise amongst the citizens. Even the law functionaries have turned up their eyes at the contrast. It is not ge nerally known that in the case of the Messrs. Jones, who demanded the sum of 44,400/. for the lease and good. will of their oil premises, Mr. Price, who formerly kept a great oil warehouse on Snow-hill, was called on the part of the claimants. This gen tleman had beer► obliged to remove on account of the improvement in Skinner-street, and he was asked, in cross-examination, what he claimed as compensation for loss by removal from his premises. " Nothing," said he. Nothing ! (said the Counsel for the Corporation) why did you not make any claim for that loss ?—Ah (said Mr. Price, smiling), we had not the experience then that we have now. When the last of the cases stated above—that of the two attorneys, who sought for compensation for the good-will of their apartments—was settled, the Common Sergeant caused a great deal of laughter, by quoting Lord Eldon. The Learned Counsel was examining the claimant's clerk, and asked him whether the place to which his employers had re moved was not more eligible, on account of being nearer to the Courts of Westminster, than the apartments in Thames-street. The clerk replied that the proximity to those Courts was no object, as they always laid their venues in the City of Lon don. He, however, was afterwards obliged to ac knowledgd that the present office of the claimants was also nearer to the City Courts; whereupon the Common Sergeant said that the argument of the witness put him in mind of what Lord Eldon said about a week ago, about the marginal notes in an Act of Parliament. " Don't tell me of referring to such marginal notes," said his Lordship, " I was looking over a margin the other day to see where the venue was laid, and what should I see there but these words—" Venus is to be laid in Middlesex." The Common Sergeant thought that whenever the claimants (one of them was lately married) thought proper to lay Venus, she would produce nothing -" Parturiunt mutes Naseitur ridieulus true I" FOREIGN INTELLIGENCE. FRENCH PAPERS. (From the Messager des Chambres of June 23.) PARIS, JUNE 22.—A telegraphic despatch, dated Toulon, yesterday evening, announces that Marshal Maison had just arrived on board the Dido. Letters from Tangier, of the Ist of June, do not yet announce the conclusion of an arrangement be tween Austria and Morocco. It is - thought, how ever, that the affair will be arranged by the restora tion of the captured vessel in the state in winch it is. M. Benobie, a Jewish merchant at Gibraltar, and Consul of Morocco, takes much pains to arrange this affair. (From the Gazette de France, dated June. 24.) PARIS, JUNE 23.—Letters from St. Petersburgh, received to-day at Paris, announce that his Majesty the Emperor of Rus.ia, who, on leaving Berlin, went to the head-quarters of his Guards, is expected in his capital about the 12th of July. The Empress will arrive on the 13th or 14th. The Jeame Auguste, in 14 days from Port-au- Prince, has brought letters to Nantes of the 3d of May, which, like those of the middle of April, say that the treaty of commerce between France snd Hayti had been concluded, but they do not state the conditions. FRFNCII FUNDS.—PARIS, JUNE 23.—Five per Cents. 10Sf. 95c. 90c. 109 f. ; Three per Cents., 79f. 25c. 30c. 15e. ; Bank Stock, 1,860 f. ; Naples Stock, S5l. 25e. ; Royal Spanish Loan, 74if. ; Spanish Rente Perpetuelle, 491 f. ; Ilaytian Loan, 470f—Exchange on London, one month, 25f. 45c. ; three mouths, 25f. 30c. —fours Authentique. PRICES OF IRISH STOCKS, DUBLIN, JUNE :23. Bank Stock Consols, 3 per cent Gov. Stock, 3!!_, per cent. —,National Ditto — Ditto, New — Patriotic Ditto 4 per Cent 102! ;; Hibernian Bank 177: Gov. Deb. 3!,:j per cent.... —;Provincial Ditto — Royal Canal Stock — Royal Irish Mine Grand Canal Stock —, Imperial Mine — City Deb. 4 per cent —, Mining Co. of Ireland Ballast Office Deb. 4p. c. —(Commercial Buildings — MAILS. Arrived. Due. Arrived. Due. O America 0 1 Hamburgh 0 0 Brazil O Buenos Ayres 1 Dubbn 0 0 Leeward Island; ... 0 O Fl. nders 0 0 Lisbon 0 I fr,nce 0 0 Malta 0 O Gottenburgh 0 0 Mexico O Guernsey &Jersey.. 0 1 Waterford HIGH WATER, AT LONDON BRIDGE TO—MORROW. 31,rning ...48 minutes after 10. I Evening ...22 minutes after 11. THEATRE ROYAL, ENGLISH OPERA-HOUSE, STRAND, WILL OPEN FOR THE SUMMER SEASON On SATURDAY NEXT, JUNE V, 1829, When will be presented a Comic Opera, the Music from the masterly Compositions of Mozart, called TIT FOR TAT; OR, THE TABLES TURNED! Altered and adapted from the " Cosi fan Tutte." Ferrando, Mr. Wood ; Guglielmo, Mr. Thorne ; Alfonso, Mr. IL Phillips.—F'ordiligi, Miss Betts ; Dorabella, Miss Cawse ; De6pina, Madame Cellini (from the Italian Opera of P 4 ris — her first appearance). After which, a New Comic Operetta, called GERMAN PAPERS. CONSTANTINOPLE, MAY 26.—The Turkish fleet has appeared again in the Black Sea, and Olen in with four Russian frigates ; being so superior in. force it succeeded in capturing one of them, the Raphael, of 36 guns, which was brought to Bujuk dere, where the Sultan has inspected it. A hundred Russian soldiers and eight Officers have been set at liberty by the Turks, and sent to Odessa. BERLIN, JUNE 19.-114 e Commander of the Rus sian fleet in the Black Sea has sent the following re port of May 30 : " On the 26th there was an action between one of our small ships, the Mercury brig, and two of the enemy's men-of•war. On the 27th the brig re joined the fleet. Its masts shattered by the enemy's balls, and its sails-and cordage cut to pieces, are so many proofs of the terrible conflict from which this little vessel has escaped with extraordinary honour. Captain Kusarsky gives the following details : On the 26th, in the morning, the whole of the enemy's fleet put to sea, with the design of captur ing our small vessels cruising at the entrance of the channel. To escape the threatening danger the Captain of the Standard, a frigate of the smallest class, ordered the other vessels to take each its own course. The Mercurn accordingly sailed N.N. W. from the enemy, whom it left in the S.S.E. But with all its exertions it could not get out of sight of its pursuers. Two of the best sailors of the enemy's fleet, thp Capitan Pacha of 110 guns, and another of 74 guns, under an Admiral's flag, approached nearer and nearer, and at two p.m. were within one and a half cannon shot of our brig. At this moment a favourable circumstance seemed to give the iliercury hopes of escaping. The wind suddenly died away, and Captain K. endeavoured to escape by rowing. This hope was of short duration ; the wind soon sprung up again, the enemy drew nearer, and began to fire with his nearest guns. The brig had no al tentative but to surrender or engage in the most unequal contest that ever took place. Captain K. consulted his officers, and the latter was resolved upon. L. Procofieff, the pilot, was the first to pro pose to blow up the brig, and it was resolved to make as long a defence as possible, and if the ship should spring a leak that could not be kept down by the pumps, to bring the brig as close as possible to one of the enemy's ships, when such one of the officers as might still be living should blow it up, for which end a loaded pistol was placed in readi ness in the powder-room. The rest of the crew were inspired with the same heroism, and each was impa tient to contend with their powerful enemy, and to meet an honourable death under his own flrg-. The Mercury then began the fire, but one of the largest of the enemy's ships got round it, and threatened it with a broadside, from which it was saved by the courage of the crew. The enemy's ships at length succeeded in getting our brig between them, and amidst the increasing roar of the cannon iewas summoned by the Capitan Pacha to surrender. A hearty cheer accompanied by the fire of all the cannon and small arms was the answer, which ani mated the enemy to greater efforts. Till half-past four the Mercury was exposed to a constant fire from bath of the enemy's ships, which it sustained with the greatest firmness, endeavouring by all pos sible manceuvres to avoid its effects. One of the enemy's granades even set it on fire, but the crew succeeded in extinguishing the fire. About this time the heroic resolution of the Mercury was crowned with brilliant success. It had turned its broadside to the Capitan Paella, and so much injured its masts, sails and rigging, that it was obliged to consult its own safety, and desist from the engagement. The Admiral's ship continued it obstinately. It had placed itself at the stern of the Mercury, and in this advantageous position its well-supported fire threatened to sink the Mercury. But nothing could subdue the courage of men who had devoted themselves to death. At half-past five their efforts succeeded in silencing the fire of this ship also, after they had greatly damaged its rigging, shot away most of its masts, and done it other da mage, which at the moment was irreparable. " During the action, in sight of the whole of the enemy's fleet of six ships of the line (including the two engiged), two frigates and three other vessels, and which was above three hours' duration, the Mercury had four men killed and six wounded, 22 balls in the hull, several between wind and water, 16 in the masts, and 133 in the sails. The tackling is damaged in 148 places. " . Thus has a Russian brig of 18 guns silenced the fire of 184 , guns of the enemy, and a crew of 79 men baffled the efforts of an enemy twenty times as nu merous. " Immense damage has been doneln Silistria by the sudden overflowing of the rivers, in consequence of heavy and long continued rains."—Prassiau Slates Gazette, June 20. TEE HAGUE, JUNE 21.—The Duke of Norfolk, Mr. Blount, and Sir James Mohnv, High Sheriff of the county of Clare, lately arrived at Brussels from London. EXCHANGE ON LONDON.—AMSTERDAM, JUNE 1 9 07 5-10 ; two months, 12.—Ainsterdant Courant, June 24. It is calculated, we hear, that at least five years more will expire before the New London-bridge and its approaches be entirely completed. THE FUNERAL OF MISS HERNIANDINE BoTil.-0° Wednesday morning the remains of this hap less young lady were consigned to the burial ground of All- Saints, Poplar. Though it was intended that the funeral should be conducted wi th the g reatest p r i v acy , and at the least expense, yet crow ds of the sympathising inhabitants of Poplar assembled in the church-yard. The corpse, which was conveyed in a hearse, decent, but unostenta tious, was followed by a mourning coach, in which was Miss ANOLYHINE BOTH, accompanied by Mr. RAMSEY, the parochial churchwarden. On its arrival a t th e north west gate, adjoining to which the grave had been dug, Miss BOTH, assisted by Mr. RAarsEY, left the coach, and proceeded to the church, in the aisle of which the corpse was placed on tressels. To describe the feelings and agony of ADOLPHINE would be impossible. The funeral service was performed in an impressive and feeling manner by the officiating clergyman, the Rev. Dr. HALL, and at about ten minutes before eleven o'clock she was interred. Miss BOTH, the eldest sister, from extreme debility, the conse quence of the melancholy catastrophe from which she so fortunately escaped, was unable to attend th e i n t ermen t o f the deceased ; but so grateful did she feel for the kindness of Dr. H rt., that in the evening she sent him a message, returning him thanks, and expressing he r regre t t h a t it was not in her power to evince her and her sister's grati tude in a inure marked manner. LONDON, FRIDAY EVENING, JUNE 26, 1829. Despatches were this morning received at the Colonial-office from Major-General the Hon. G. H. COLE, the Governor of the Cape of Good Hope, dated the 19th of April ; they contain no intelligence of importance. The French Journals contain little or no in telligence of moment. The Gazette de France states, that letters from St.yetersburgh, received on the 23d at Paris, " announce that his Ma jesty the Emperor of H L'SSIA, who on leaving Berlin, went to the head-quarters of his Guards, is expected in the capital about the 12th of July." The same Journal, on the authority of letters received at Nantes, and dated the 3d of May, reports that the Treaty of Commerce be tween France and Flayti has been concluded. German Papers, under the date of Constan tinople, May 26, report that the Turkish fleet has appeared again in the Black Sea, and fallen in with four Russian frigates, one of which, the Rap!wet, of 36 guns, it succeeded in capturing. A hundred Russian soldiers and eight officers have been set at liberty by the Turks and sent to Odessa. The Prussian State Gazette puts forth a flaming account, on the authority of the Commander of the Russian fleet in the Black Sea, of a naval engagement that took place on the 27th of May last between the Illeycury Russian brig and two of the Turkish men-of war. According to this account the Mercury achieved wonders. Though only an eighteen gun ship, it silenced the fire of two vessels, one the CAPITAN PACHA'S, of 110 guns, and the other of 74 guns. Its crew consisted of only 79 men, yet managed to baffle the efforts of an enemy twenty times as numerous. The same authority gives the following details respecting the conduct of this sturdy crew, when they found that escape was impossible :—" The brig had no alternative but to surrender or engage in the most unequal contest that ever took place. Capt. K. consulted his officers, and the latter was resolved upon. L. PROCOFIEFF, tile pilot, was the first to propose to blow up the brig, and it was resolved to make as long a defence as possible, and if the ship should spring a leak that could not be kept down by the pumps, to bring the brig as close as pos sible to one of the enemy's ships, when such one of the officers as might still be living should blow it up, for which end a loaded pistol was placed in readiness in the powder-room. The rest of the crew were inspired with the same heroism, and each was impatient to contend w i t h their powerful enemy, and to meet an honourable death under his own flag." In reading this high-wrought account, we must not omit taking into consideration that it is a Russian description of a R u s s i a n naval en gagement —a species of warfare on which from of PETER th e G REAT , d own to the present, the Muscovites have always piqued them selves. W e direct the attention of travellers to the Continent, by way of Ostend, to an advertisement in our front page• Those who may be desirous to visit Margate in the first instance will find every accommodation and in formation they may want, by applying to the worthy host of the Royal Hotel, in that now daily fashionable resort. The Masquerade of Monday - at Drury-lane, under the management of BARRYALOAE and CHARMES \\TRIG is expected to he oqe of the best. %., PRICES OF STOCKS Bank Stock 3 per Cent. Red. S per Cent. Cons. ni per Cent. 4 per Cent. Ditto, le2fl 104 Ditto Serip Bank L. Ann. India Stock Ditto Bonds 33 52 Cr AIM O'CLOCK. Sea Stock — nnuities :itto ils, £l,OOO 2d. 67 68 pm. .500 2d. 67 68 pm. Small 2d. 67 69 pm. Commercial for AcCount for Account ...... for Account SS%I,4'?'S PRICES OF FOREIGN FUNDS THIS DAY AT ONE O'CLOCK. Austrian Bonds — Neapolitan — Brazilian Bonds — Peruvian Bonds Buenos Ayres Bonds 22 Portuguese Bonds 417, Chillan Bonds — Prussian, Old Colombian Bonds — Ditto, New — Ditto, 182-4 Danis:, Greek Bonds — 1823 — Ditto, 1825 Guatimala — '— Exchange Mexican Bonds . — ---- 3 per cent. —f. —c, Ditto, 1825 — '— Exchange —f. —c. KS THIS DAY A' 12 1; 71Ath S ..87K% - Old Ani shut New Di ..96%%' Ex. Bill 07./ 8 34 '-;; Ditto.... Shut Ditto Si 4 TA 4 Ditto Ct - Bank to: fo shut Cons. lb 54 PRICES OF SIIAREtI THIS PAY AT ONE O'CLOCK. Paid. Per Share. Anglo Mex. Min. Co. (is& at 5/. inn.) XlOO 32!, Guardian Assurance Co lO 24 THE MIDDLE TEMPLE; OR, " WHICH IS MY SON?' PRINCIPAL CHARACTERS. Mr. Wrench, Mr. W. Bennett, Mr. Keeley, Mr. Minton, Mr. ~ a lter, Mrs. C. Jones (from the Theatre Royal, Drury-lane, her first appearance on this Stage), Miss H. Cawse, and Miss Toward. To conclude with the last new Operetta, called THE QUARTETTE; OR, INTERRUPTED HARMONY. Ernest, Mr. Wrench; Major Belcour, Mr. G. Penson ; Pippin, Mr. Sloman ; and i‘la.laine do Luceval, Miss Batts. 40 Many Novelties are in active preparation. Boxes, Places, Private and Family Boxes, to be taken at the Box-Olfice, Strand Entrance, from Ten till Four. kr #4, Afraskl* 4 :1„. , ~t SHIP&G INTELLIGENCE--(THIS DAY.) FROM LLOYD'S. DEAL, JUNE 25.—Wind N.E.—.-Passed from London, the Margaret, Rouse, for Batavia ; Alfred, Chancellor, for Seville ; and Sicilian, Wilson, for Halifax. Arrived the Alexander Adam, Peter, from Lisbon and Corunna. PORTSMOUTH, JUNE 25.—Wind S.S.E.—Passed the Atlas, Hunt, from Calcutta, sailed the 25th of January, Madras the 25th of February, and St. Helena the 12th of _May; Thalia, Bidet), from Cal cutta, sailed the 3d of March, St. Helena the 17th of May, and Barretti, Jun., from Madras, sailed the 4th of March. - PLYMOUTH, JUNE 24.—Wind S.—Sailed the Hayden, Smith, for Quebec; and Ellis, Hib, for Prince Edward's Island. COWES, JUNE 25.—Off the Port, the Aclay, Hunt, from the Cape of Good Hope, sailed the 2d of May ; Moffatt, Brown, from Calcutta, with a detachment of his Majesty's 59th Regiment, left St. Helena the Ist of May; also the Scipio, Petre, from Sincapore. FALMOUTH, JUNE 24.—Wind S.—Off Port, the Susannah, Carpenter, from Gallipoli, the 13th of May. Arrived the Antelope, Farrant, from Smyrna, and Four Friends, Dunn, from Lisbon. CAPE 01' GOOD HOPE, APRIL 19.—The Thomas (coasting brig) left Algoa Bay the 25th ult. for this port, and serious apprehensions are entertained for her safety. A considerable part of the cargo of the Columbine, Tait, from London to New South Wales, wrecked in St. Helena Bay the 31st ult. has been got out, and hopes are entertained that the whole may be saved but in a very damaged state, the vessel having filled with water shortly after getting on shore. The George Home, Steel, from the Mauritius, has arrived off Hastings, sailed the 15th of March. The Constitution, Nichol!, from Trinidad, has arrived in the Clyde. The Albion, Radcliffe, from Smyrna, has arrived in the Creek. THE FUNDS.-(THIS DAY.) CITY, TWELVE 0' CLOCi. The Consol market continues in the same state as for some time past, without business, and not a feature worth observation. Consols opened as they left off yesterday, at 88f for the account. The Foreign market is also uninteresting, and prices are as yet nominal. Three per Cent. Consols, shut; Ditto for July 23, 88i i; Three per Cent. Reduced, 87i e ; Three and a half per Cent. Reduced, 961 . 7 ,1 3 -; Four pez Cent., 1826, 1031- 4 ; Bank Stock, 211 12 ; India Bonds, 52 4; Exchequer Bills, 67 8 pm. FORHIGN.-Brazilian, 56174 ; Buenos Ayres, 22 3 ; Chilian, 181 ; Colombian, 171 a ; Danish, 664 ; French, Five per Cent., 10519 ; Greek, 14 15 ; Mexican, 211 2 ; Peruvian, 12 13 ; Portuguese, 411 2 ; Russian, 971; Spanish, 91 ; Brazil Shares, 57 9. TWO O'CLOCK. Consols have continued during the morning at SBl for the Account, with little or nothing doing. In the Foreign Market Portuguese Stock has some what lowered ; in other Foreign securities nothing doing. Accounts from Warsaw state that some new divisions of the Grand Russian Army under the orders of General Sachet), are to march to Bess arabia. THREE 0' CLOCK. Consols for Account, 88. FOUR O'CLOCK.—CLOSING PRICES. Consols Do. for Ac. 884- Brazilian Bonds 572-, Buenos Ayres 22 Dauish 661 Greek, 1825 Mexican, 1825 Peruvian Cbilian Do. Cohnnbian, 1824 Russian Spanish PRIVY COUNCIL.--(THIS MORNING.) The Lords of his Majesty's most Hon. Privy Council had a meeting this morning for the purpose of hearing appeals remitted from the Colonies. There were present Lord Bathurst, Lord Wyn ford, the Judge of the Admiralty, Sir C. Robinson, and the Right Hon. Hugh Elliot. Their Lordships were engaged the whole morn ing in hearing arguments on au appeal from the Island of Jersey, which did not possess any public interest. The Duke of CUMBERLAND, and the Duke and Duchess of GLOUCESTER, honoured the Dowager Viseountess ANSON with their company to dinner, on Wednesday, at her residence in Curzon-street. There was a select party of the Nobility and Gentry to meet their Royal Highnesses. The Duchess of CLARENCE, accompanied by the Duchess of SAXE WEtatAa and the Prince and Prin cess of WEImAR, honoured the performances at Covent garden Theatre on Wednesday evening with their presence. Prince ESTERHAZY, the Austrian Ambas• sador, visited the Duke of WELLINGTON at the Treasury yesterday• Collllt BJORNSTGERNA, the Swedish Mini ster, accompanied by 13iron RABANT, the Secretary to the Embassy, had a conference with the Ear! of ABERDEEN yesterday morning, at the office of the Secretary of State fur Foreign Affairs ; his Excellency had afterwards an in terview with the Duke of WELLINGTON, at the Treasury. The Duke of SAXE WEIMAR arrived at GRILLON'S Hotel, on Wednesday night, from the Con tinent. His Highness joined the Duchess and the Prince and Princess of WEIMAR yesterday morning, at the resi dence of the Duke and Duchess of CLARENCE, in the King's Palace, St. James's. In the course of the day the Duke of CUMBERLAND, the Duke of Susses, the Princess AUGUSTA, and the Duchess of KENT, accompanied by the Princess VICTORIA, the Duke and Duchess of GLOUCESTER, and the Princess SornrA MATILDA, called and congra tulated the Duke on his arrival in this country. COVENT-GARDEN THEATRE.—This theatre closed last night, when the following address was spoken by Mr. FAWCETT Ladies and Gentlemen,—By custom and courtesy it is established that on this night I should appear before you to announce our finale. I avail myself of the opportunity to offer you the grateful thanks of all concerned in this theatre for your patronage and indulgence during the past season. Wishing you all happiness, we hope to be honoured by the repetition of your kindness at the usual time of re-opening." On Monday last, Sir JAMES SCARLETT, Attorney-General, was re-elected M.P. for the city of Peterborough, without opposition.—Lincoln Mercury. , SINCLAIR is actively engaged in getting his new Gardens, near Margate, ready for the reception of the public, and from the accounts we have heard, the amusements there will be of a very superior kind. He has built a spacious Concert Room on the premises, and intends to give a series of Concerts, at which the first-rate talent in the country will occasionally assist. Miss HUGHES, Miss WELLS, and others, are said to be already engaged; the grounds are being arranged in a tasteful manner, and, indeed, the whole details of the improvements and prepa rations are such as to ensure success to his speculations.— The Gardens, which are named Tivoli, were lately called Shady Grove, and are about half a mile distant from Mar gate. The admission is to be the same as at St. Peter's, and the refreshments a lu Francais.—Morning Paper. A sun fish, nearly seven feet square, and about six hundred weight, has been presented to the Institution in Park-street, to be dissected and preserved. It was caught off Cape Clear, in Ireland, by the crew of the John and Robert, Captain EVANS. Cheltenham Chronicle. MURDER IN HYDE-PARK.---This morning the neighbourhood of Knightsbridge was thrown into con fusion, in consequence of the discovery of a murder com mitted on the body of a tine male child six or seven months old, very respectably clothed. Some men were at an early hour passing the Serpentine River ; when near the Cascade they observed a child's cap floating on the water, they sus pected that a body was not far off, and having obtained assistance and the drags, they, in a few minutes, brought out the body of the child. The body was conveyed to the Brown Bear public-house at Knightsbridge, where it now lies for a Coroner's inquest. i LAW INTELLIGENCE--;(THIS DAY.) COURT OF CHANCERY. SINGULAR APPLICATION FOR THE COMMITTAL OF Mg. RAINSFORD, ONE OF THE REGISTRARS OF TO COURT OF CHANCERY, FOR CONTEMPT. Mr. Duncan Campbell appeared this morning at the sitting of the Court, to support the petition which was presented to the Lord Chancellor on hie behalf, by Mr. Bligh, praying for the committal of Mr. Rainsford, for a contempt in drawing up en order, which the petitioner alleges had never been made by the Court. The petition is of a most singular nature, the fol. lowing of which is a copy : To the Right Honourable John Singleton Baron Lyn , '" burst, of Lyndhurst, in the County of Southampton , Lord High Chancellor of Great Britain, The humble Petition of Duncan Campbell Sheweth—That your Petitioner bath been confined is his Majesty's Prison of the Fleet ever since the 12th day of May, 1827, by virtue of an alleged order purporting to have been made by your Lordship on that day, in the words and figures, or to the effect following, and which was drawn, passed, and entered, by or with tI4 privity , consent, or approbation of Thomas Raynsford, Esq., one of the Deputy Registrars of this Honourable Court :-- " Lord Chancellor.—Saturday, the twelfth day of May, in the Bth year of the reign of his Majesty King George the Fourth, 1827. Between Thomas Pope Smith, since deceased, and Mary his wife, Plaintiff. Duncan Campbell Defendant. " The defendant being this day brought to the Bar °I this Court by virtue of a Writ of Habeus Corpus cull' causis, directed to the Sheriff of Middlesex, in order to be turned over to the Fleet Prison, and Mr. Treslove, of Counsel for defendant, now moving this Court that the defendant might be turned over to the Prison of the Fleet , it is thereupon ordered that the defendant be turned over to the Prison of the Fleet, and to remain there until be shall fully answer the plaintiff's bill, clear his contenaPt , and this Court make further order to the contrary. " (L. S.) Entd. I. R. " I. A. R." That your Petitioner humbly submits to your LordshiP he shall be able to show that such alleged order was never pronounced by your Lordship or his Honour, the Via , Chancellor. That your Lordship, on the 11th day of December , 1828, on the motion of Mr. Bligh, of Counsel for your Petitioner, made an order that your Petitioner might be sS liberty to draw up, pass, and enter nunc pro tune an Order made on the said 12th day of May, 1827, by his Honour the late Vice-Chancellor, Sir Anthony Hart, that your Petitioner might be transferred from the custody of the Sheriff of Middlesex to the custody of the Officer of the Court of Chancery, meaning to remain charged with the matters and things with which he stood charged in the custody of the Sheriff of Middlesex; but by no means W confess himself guilty. That your Lordship, on the sth day of the said month of December, made an Order, directing that an Order en tered in the Minute-book, to the following effeet Lord Chancellor, 12th May, 1827, Campbell—Tresloye, for defendant, moves for habeas corpus. CUR. Let the writ issue as prayed"—should be entered up nunc pro tunc. That in making this application to your Lordship, your Petitioner has no view of being liberated from the cus tody of the Warden of the Fleet, further than from being held in custody by virtue of the said alleged Order, pur porting to have been made by your Lordship ; and humbly represents to your Lordship, as he has frequently informed the said Warden, that he came into his custody by virtue of the Order pronounced by the said Vice-Chancellor, Sit Anthony Hart, as above stated. That whenever such order of the 'Vice-Chancellor shall be drawn up, and your Petitioner shall be considered held by the Warden of the Fleet, by virtue of such order, your Petitioner will avail himself of the order made by your Lordship on the 12th day of May, 1827, for a Habeas under the Statute, when your Lordship was pleased to say that your Petitioner was entitled to the same, not as a mat ter of favour, but as a matter of right. That your Petitioner trusts he shall be able to sheW your Lordship that the Sheriff of Middlesex had made a false return, inasmuch as he represented your Petitioner W have been taken and detained by him for an adjudged con tempt, whereas your Petitioner firmly believes that the said Sheriff was directed, or ought to have been directed► only to take your Petitioner for an alleged contempt, and which it might have been competent for your Petitioner to call upon his accuser to prove, or for your Petitioner to chew that he was not guilty. 'f hat your Petitioner humbly submits to your Lordship the great principle of British law, that every person shall be considered innocent antille shall have been found guilty. That the said Thomas Raynsford refused to draw up the said two Orders so made and pronounced by your Lordship, in the month of December last. PRAYER : —Your Petitioner therefore humbly prays your Lordship that the said Order made by the Vice-Chan cellor on the 12th day of May, 1827, may be entered in the minute book if it has not been already entered. And that the said Order made by your Lordship as above-stated, on the 11th day of December last, directing the Order so made by his Honour to be drawn up nurse pro tune, be forthwith drawn up, passed, and entered. And that the said alleged Order purporting to have been made by your Lordship on the 12th day of May► 1827, as above recited, be expunged from the Records of the Court. And that the said Deputy Registrar, Thomas Rapt" ford, may be committed to his Majesty's Prison of the Fleet, for his contempt in drawing up the said alleged Order, purporting to have been made by your Lordship, when, in truth, the only Order relating to your Petitioner made by your Lordship on the said 12th day of Mayo 1827, was that a Habeas Corpus should issue for your Petitioner at his own personal request. And also, for his further contempt in refusing to draw up the said two Orders of the sth and 11th days of De cember, 1828, whereby your Lordship ordered the afore• said two Orders of the 12th day of May, 1827, to be drawn np nunc pro tune. And that the Order made by your Lordship, on the sth day of December last, directing the Order made by your Lordship on the 12th day of May, 1827, to be entered nunc pru Mac, be forthwith drawn up, passed, and entered. And that your Lordship will be pleased to order that the Warden of the Fleet do tttend with the body of your Petitioner in Court on the day your Lordship may sPe" daily appoint for hearing this his petition, and that the said Deputy Registrar do at the same time attend with his minute-books of the 12th day of May, 1827, and the sth and 11th days of December, 1828. And your Petitioner further humbly prays that your Lordship, in consideration of his peculiar situation, will he pleased specially to appoint Friday next, the 26th dal of June, for the hearing of this petition ; _ . And your Petitioner shall ever pray. The LORD CHANCELLOR observed, that Mr• Campbell had been brought into this Court by hi ow•n desire. Mr. D. Campbell admitted that he had so for the purpose of disputing the order, and contending that he had been kept in prison for two years under a wrong proceeding. The LORD CHANCELLOR Said, that Mr. Campbell had been in Whitecross-street; while there he ar plied to be brought up before the Court, for the pur• pose of being turned over to the Fleet. Mr. Campbell had certainly applied to IA brought up before the Court, but not fur the put' pose of being turned over to the Fleet. He did not attempt to impute any bad motives to the Regis' trar, but there had certainly been great negligence . The Sheriff had made a false return, inasmuch ag he had stated, that he (Mr. Campbell) had been take" under an adjudication. He submitted, that before adjudication of contempt he was entitled to be heard. If the Court would say it had made the order drawn up by the Registrar, he could hav e nothing further to say. Mr. TEED, who appeared for one of the parties , observed that whatever order had been obtain ed, was applied for by Mr. Duncan Campbell himself, and drawn up by his own agents, it was therefor e , too much after a lapse of two years, to come a"' complain of the usual order. If any complaint S" necessary, it should have been made long ago. Mr. Campbell observed that it was. The LORD CHANCELLOR wished to know why petition had not been presented to him ? Mr. Duncan Campbell had presented a petition; which his Lordship's Secretary refused to give 111 Lordship, and tore before him. The LORD CHANCELLOR asked if Mr. Campb ell had an affidavit of that fact, Mr. Campbell said he bad ; but, upon looki 4 among his papers, he begged the pardon of th e Court, observing that he had not. He was sorry to have mis-stated such a fact to the Court. t ~ j e The LORD CHANCELLOR thought •that, by same rule, the whole of Mr. Campbell's case fwg'i l corHist of mis statements, When a charge of sic