The Sun. — London, England, 1823-08-08 00:00:00

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Silt;4lis wished for an snqutry also as to thelictit-due to Mr. Roper. Upon that question 7 a separate report might also be mule. ASSIZE INTELLIGENCF. AEItOSTATION. A 101 Y CONTRA urs, Commissariat Department; Treasury Chambers, July 26, 1829. 'NOTICE hereby given to all Persons 'de sirous of ,contracting to supply BEEF and MUTTON to tit Majesty's Land Forces in Cantonments, Quarters, and Basracki, in the under-mentioned Counties and Islands ;-- Alderne.y, Bedford, Meeks (including the Town of Hunger ford), Berwick, Bucks, Catubridge (including the Town of NeWmarket), Chester, Cornwall (including Scilly), Cumber land, Derby, Devon, Dorset, Durham (including Holy Island), FsseX (exclusive of Tilbury Fort), Glo'ster (including the City of Bristol), Guernsey, Hants, Hereford, Hertford, Hunts, Isle of Man, Isle of Wight, Jersey, Kent (including Tilbury Fort), Lancaster, Leicester, Lincoln, Middlesex, Monmouth, Norfolk, Northampton, Northumberland, Not tingham, Oxford, Rutland, Salop, Somerset, Stafford, Suf folk, Surrey, Sussex, Warwick, Westmorland, Wilts, Wor. eester, York. in the several Counties of North and' South Wales, and in the several Counties in North Britain: That the Deliveries are to commence on and for the 25th day of September next that Proposals in writing, sealed' tip and marked, " Tender for Army Supplies," will be received at this Office on or before Tuesday, the 26th day of August next, but - none will be received after Twelve o'Clocli on that Dap. Proposals must be made separately for each County and Island, the Islands of Guernsey, Jersey, and_ Alderney, ex cepted: all of which Must be included in one Tender; like wise fur the. Counties comprising North and .South %Vales ; as must also , the several Counties in North Britain; and etich PrOposal most have the Letter which is annexed to the Tender properly filled op, by Two Persons of known P r6 Pett3's engaging. to become bound with the Party ten dering, in the amount stated in the printed Particulars,,for the due Performance of the Contract ; and no Proposal will be noticed unless ' made on a printed Tender, and the Prices expressed in Woras at length ; and should it so happen that during the continuance of the Contract no Troops should be supplied by virtue of the same, the amount :if the Stamps on the Contract and Bond, paid in the first Instance by the Contractor, shall be refunded to him. Particulars of the Contracts'may be had upon application *t this Office, between the hours of Ten and Four, antl,of the Barrack Masters at Gnertisey, Jersey, and the Isle of Man. • --, The following account of the ascent of Maae , moiselle Garnerin, in a balloon from the Champ de Markis given in klettor from . " The bills of the day stated that.were to have dancing and horse-racing before the ascension, and a variety of games and exercises, - Horse-racing there certainly vino—and such . rachig! Four horses contested, for the prizes. With tiro , e exceptiou of one horse, which had tolerable speed and appearance, you might See as good sport between animals taken from 3leux s brewery, •and any of his heavy draymen would have made as good jockeys as those who rode on this occasion, When, the races were over, the victors, men and horses, were paraded with triumphal music tip to the'front of' the Emile Militaire, where; under a canopy,. sat the Duchess de Berri, and the other .august personages who honoured the festival, its it was called, by their presence: The prizes were there distributed, and the good people of Paris were highly gratified. Whilst the races were going on, the balloon was filling very slowly, and at about . half-past eight the parachute and basket were suspended, and the balloon released froni some of the Cords which held it, 'a ticket, containing the address of Mademoiselle tiarnerin, having been previously tied to the net-work, in order to secure the restoration of the balloon, wherever it might chapee to thll. The balloon itfelf was of plain varnished silk, and the parachute of blue and yellow. The basketi. which I mu told only _weighed a few pounds, was also. 'very plain'. Mademoiselle Garnerin, who is about forty years of age, dressed in White; with a hat a la Mark Stuart, then took her seat in the basket, 10 which two cords were fixed, and the remaining cords were cot away.. there was scarcely any wind stirring , two persons dragged the basket by the cords • already mentioned up to the balcony cupied by the Duchess de Berri, where Mademoiselle., liar. nerin, after having been turned round and round by this. action like a fowl upon a spit, wok her leave of the augUst per, , sonages. 'This arrangement was highly unsatisfactory to the spectators, as the majestic sight of' the sudden rising, of balloop, when the cords were first cut, was not witnessed.--. At a few minutes before nine o'clock the fair aeronaut was re= leased by the persons who held the basket, and the balloon went , Off heatttifitlly towards St. Denis, taking the same direction its the pilot balloon which had been forwarded half an hour pre. viou4y. Mademoiselle liarnerin, when at a height of about 300 yards, discharged a small quantity of sand-ballast,]and aulits quently repeated that, mode of increasing the velocity- of the bel low. It was notwithont difficalty that we could trace her proiesii, as it was nearly dark when she had, been away 10 minutest but with a glass I was able to see her release the parachute and-de scend, when the balloon appeared no larger than a common siz :al pilot balloon, and the parachute a mere speck. Fortunately;the parachute expanded thoroughly, and her descent was gradual, but the increasing darkness prevented my tracing its course. I. learn, however, that she descended at liourge, near St: Denis, at a distance from the place of embarkation of nearly 3 leagues, • Her descent was so easy, that , to use a Frenchwoman's &scrip tion, she had not a "flehm derange." She returned to Paris in a post carriage, and was at the Champ de Mars again at ten o'clock. The company, however, had all left that spot,' and the inhabitants of Paris were for some time in a State of. anxiety as to her fate. Inquiries were made at her own :mi. deuce at as late an hour as half-past,twelve o'clock last night, but her sevants had heard nothing of her. • Trwas cotisequently inferred that she had broken, her neck, and it wits only this morning that the public learned the contrary. The number of spectators in the Champ de :Viers might he '20,000 those wh6 were placed on the 'outside in the environs Might be estimated at least at one hundred thousand. The gardens of the Ittileriesr A and Luxembourg were also crowded. The prices of admission" in the'Cliarnp de Mars, were 40, 5, and 1 franc. 'Melt) fratiet' customers were of course not very numerous. The' day was excessively -hot, anti the price of a glass of 'water • upon ' the ground was at one time sons. The balloon, was not,t .t tore than two.thirds'filied, to preVent i:s travelling to tiny coUSider:• able distance. COURT OF CHANCY:WV, Atm 1. STIMET V. STILE&T. The Loan Crt A 2E61.3 Lt. on haying consulted the authinitieti, was of opinion - that the Court Could not grunt the writ nine e.tat repro to secure the payment of alimony, antler a spiritual decre which was the subject of an appeal...—Motion refused. The Vicr-CtrANCELLOR ,na objection .that such an artier should be nude. These various inquiries having been'airected by his Honour, the pi4ei of the petitioner was allowed. ItIAMSTONE, Au;Ara: . 6. ,citoWN I I it the younger was intlicted c0t,,1.14 wt. t d . 1 Itteroes • of Joeep) !tit- elder, hie father, at 'Deatt•rPn 'flit - V.lr .0/ April, by shootisig hi, through the hs‘draithialeittled Evidence time adduced of the crime ettagpf; on being calla on for hikdefacc, betrayra rn unconorfouspaas of Whit was jiassing. There was a vacant stt:plalfyll! dill cams , ' tenanec, sod his gOatUre3 were that Of a parent% bereeigi.pf intaligence $ When Mr, Agar,,,filePverPOr 11 .‘''..;; 44 . 1 . 1 .0 ter* posed, and er.presoed his belief .that the rid:sinter e ves not sible of what was passing, and informed the I,oeittfte4 Judie, that during his confinement be had had frequeni . siinfluiraher, rations of mind. criIiTLICK., V. MANSETELD. This Was an application on behalf of the next of kin to trans fer the bidding of 4,000.1. tragic by the defendant on the sale of the late Mrs,Varrick's effects, for,the Twiekenhani residence, to Mt% Carr, ft Solicitor, who had offered 5,000/. The bidding Of 4,000/. was made in order to buy It in, and the object of the present application was merely to legalize the sale, and exon erate the purchaser frqin any after responsibility. The Motion 'was granted on condition of paying into Court artadequate deposit. . • • • • EX-PARTE BEAD', BE SOWEIMY, A ItAWIUPT. • This, was a petition front one of the assignees for the discharge of Mr. Reddish . , a co-assignee, and for calling him to account 'foi the efitcts received and distributedl and also for any other effects which might have been called in but for his negligence and inattention. The object of thiipetition had been embraced in a flit -tiler, in .• the sante matter, which had been dismissed. Notice had been given that all the affidavita used in the last, etition, which might be deemed necessary to the present petition, would be read: A great part' of yesterday was taken up in exhibiting mattors which were contained in the old affidavits. and in the olifjections and arguments to which this course naturally gave rise. The titian CriaNcrr.Lon having • now heard the Case to a •ceueluaion, determined that the petition must be dismissed with lu pronouncing upon t4p case, he protested against the imsapprehinision and misinterpretation of the plaintiff, as to all that hits Lordship had said on the former petitions in the bankruptcy, the plaintiff being utterly ignorant of the terms he ,was using throughout, and conducting himself all along too much in the spirit of a min who would he his own lawyer. His Lordship determined that there was nothing material in the ,present petition , which had not been absolutely refused, and upon the beat equitable grounds, in the last petition ; and so far from this being a new petition, it could only be considered as a re-hearing of the petition which had been; dismissed. lie had at that time forewarned the parties, that the next time the question should be brought before him heommi his i._ ustdisn w i o iss d it with costs, and now lie felt hinnielf. bound to petition wati•accordingly dismissed with costs. - MR. DAYDON'S PICTURE. strt V.EOUGIC IVEAUMONT V. MAX U71007:-' Mr. BE r i. stated that this was a motion for an injunttion to restrain! the defendant from telling a picture painted by Mr. Ilaydtm, and belonging to the plaintiff; and to orderhim to de. posit it with the Master. The defendant had become possessed of this picture under the following circumstances a The picture in question was a scene hi Macbeth, which the plaintiff' had purchased front Mr. Itaydon for the sum of 600 guineas.-- After the purchase had been made, Mr. Uaydon wished to ex,. Wilt his paintings, and the plaintiff lent him this picture to put among the rest at his Exhibition in Pall-mall, The pro prictor of the exhibition-room subsequently distrained for rent due, and this picture was seized, together with a number of others hdonging to difkrent Individuala who had purehaSed them from Mr. Haytlon; and had lent them in the same manner as the The Learned Counsel stated, that after this seizure Mr. Ilaydon bad entered into an apsement by which he was to give collateral security for the rent due, and the defendant had then permitted him to take away " anises Entry into Jerusalem," and other pictures which be longed to him, for the purpos , ,: of being exhibited at Edinb urg h, Glasgow, and Dublin. This agreement, the plaintiff contend ed, ought to be considered as creating a distinct debt, so as to deprive the defendant of any remedy t'or his rent by seizing this picture. There was, however, another, objection w hi c h was —that the defendant had not sold the things seized within the time prescribed by law, nor had dealt with them in any manner according to the forms established for the regulation of dis tresses for rent. Mr. Stio DEx replied to these objections, by raisit4others on the part of the defendant, which he contended dis a bl e d t h e plaintitr from suing. The first of these was, that th e defend ant had assigned all hiS interest in the picture to Mr. Harri son, who bad not been served with notice so as, to be brought before the Court. The second, that this application could not be entertained, as the injunction, if granted, would have the same effact as an action at law ; and thirdly, that the plaintiff was not entitled to the assistance of the Court, on the ground that he had been guilty of great delay in making this applica tiOn. The Learned Gentleman stated, in proof of th e l ast objection, that the picture was lent in .111 arch, the seizure for rent was made in July, and the exhibition closed in the begin ning of August, 1821. In the middle of that month th e plain tiffleft England for Italy, where he remained until September 1822, when he returned to this eountry, but mad e n o applica tion whatever until May, 11123. The defendant was also al leged to have been ignorant of the fact that this picture was the property of the plaintiff; but this was denied by the latter, and statements were made to chew the improbability of such a cir cumstance. VICE-CUANCELLOWS COURT, Auourr 7. THE LATE QUEEN'S PROPERTY. IN RE AITSTIN. PICTII4I 11. 1 NG. 0 FFICR,,. .414 gust 7, 1823.. . THE cOIIIIIIISSION.ER , for VICTUAL LING Ills M./IJESTY'S VY do hereby give No tice, That on Thursday, the 29th of September next, they will be ready to receive Tenders in writing (sealers up), anti Writ fur the supply, ouseparate Contracts, of Judi quantity of PRIME 1111$11 BEEF and PORK, in Navy Tierces, If the otquing Season's cure, as may be demanded for the use °f his Majesty's Troops at GIBRALTAR GRENADA ANTIGUA , TOBAGO DARPA DOES TRINIDAD li ERBICE ST. LUCIA DEMERARA ST. K[TT'S DOMINICA ST. VINCENT Jr;) Twelce.Months certain, from the 24th June, 1824. It is estimated that the quantity which may pr'aba'a/y be re quired may be equal to about 3,800 Tierces. of Ileef, and . 3,10 Pork; but information will" be hereafter given to the Contractors tf the actual quantities to be sent out; and the Terms of the Contracts may be seen at this (Vice, or by ap plying to Mr. J. IP. Dausterville, Agent for the l'ictualling , at Ilaulhowline. In the event, however, of no Tender being received for the . delivery of this Heat at the sertral Stations which the Board 'nay dern: proper to accept, they will be ready, on the follow. Lag day, , via. the 46th Septemyer, at One o'Clock, to receive' Tenders and treat for the supply of an equal quantity of Beef and Pork respectively, to be delivered into their Storei at Peptford between the lit February and 80th :Orli, 1844. Na regard will be had to any Tenderk which the Price shall not be inserted in words at length, or that shall not be delivered to the Board before One o'clock on the said Thursday, the Mk of Seyeniber next, nor unless the Person Ichd'inakei the Tender, or sonic Person on his behalf,• attends to antwer.when called for. Each Tender must be accompanied by a,,Letter signed by two respensi4le Persons, enoginef,to become bowed with the Party tendering, in the Penal .Suus of Sal. 6a. ed. per teat : on the whole amount of each Contract, for the due perform. a,ice of the came. AL ll' ALLER CLIFTON. UNIVERSITY INTELLIGENCE. CAMIIIIIpO,Ey AUG.7.—We have authority to state, that the 12th of August, the King's birth-day, has been fixed upon for laying the first stone of the new quadrangle at Trinity College ; and that his Majesty has been graciously pleased tomuminate the Speaker of the House of Commons to officiate as his proxy, In the ceremonial of the day. ..We understand that the Vice-Chancellor and. Members of the Senate Will assemble at the Senate-House at half-past one o'clock,. and will accompany the Representative of his Majesty in }procession to the King's gate at Trinity College, at two o'clock precisely, where they will be met by the Master, Fel lows, and other resident Members of the Society, and will pro ceed immediately to the ground. A rand dinner will be given on the occasion in the hull of the College. We understand that that a very numerous assemblage of distinguished persons is expectW at the grand ceremony of laying the: tint stone of the new quadrangle at Trinity col lege, on Tuesday next. In the records of the society it is stated, that at the foundation of St. Michael's Hall by Harvey Aungier in A.324,_ the nobility and gentry of the county were invited to at tend. The last thou that a similar ceremony took place in Trinity college, was at the erection of its magnificent library, newly the whole expense of 'which was defrayed by subscription. In the list of subscribers on that occasion several persons are to be found, who were not membefs of that society. persons are to be found who were not memliefa of that society. ['he Duke of Somerset, then Chancellor of the University, contributed the sum of 500/. ; the Duke of Alhenfarle . 1006; the Earbi of Kent and Bedford ; Sir Isade Newton, then Fellow, 401.; the Arch bishops of Canterbury and York, 1001. each; the Bishops of Ely, St. Asaph, Chester, Durham, the Deans of York, Peterborough, Cork, were also munificent benefactors. Sir John , H. Cotton and Sir Ceorge Downing, 100/. - each.— The poet Dryden is also among the number. Many of th e Masters and 1;'ellows of different Colleges gave their aid, and the names of several ladies are to be found in the list. The letters of Dr. liarroWs who was the great promoter of the build,. ing, are still preserved, and are particularly noticed in the bio graphical memoirs of that eminent scholar and mathematician. The Duke. of Sussex has appointed. the Rev. John Page Wood, 1415. 13. of Trinity College, one of his Royal Highness's Chaplains. THE LAN. DOWN cltaloittle, a the , 4 LAITSDOWN MANUSCRIPTS", ,been printed by authority of the Royal Comini f ion o n public Records. The. preface contains many interesting I'his collection of Manuscripts was purehaseillit-tss a', vote of Parliament, of tba Representativeii of the then' late Marquis of Lanaclown, for the sum of 4,9241„ TbeCatalogne, is divided into parts ; the first consisting of the Itureiley ' Papers only, the second comprehending the renairider 'of the Manuscripts in general, including the Cresar anti Kennett Papers. ,Of the Burghley rapers one volume contains, Copiesof Chartera, &c. of an early period ; ,but the remainder, talone hundred and twenty one voltriftes,. , in folio, consist of State Papers, interspersed with Miscellaneous Correspond ence during the long reign of Queen 'Elizabeth ; and, among' these is the Private Memorandum! Book of Lord Bnighlry. Exclusively of the larger series, this collection -of •manuserilits comprehends ,many valuable works on. different subjects. In, British Ilistory, Topography, and Jurisprudence, the collec tion is particularly rich. It Contains - a beautifully' nateti manuscript of Hartinng's Chronicle, as it was presented by its Author to Henry •V 1. It deserves especial notice. it was formerly Sir Robert Cotton's, and it differs from the printed copies of the Chronicle (which come down to Edward IV's time) so much as not even to admit'of collation. Also, a fair transcript of the Chronklc of 4ndrew Wyntown ; and three volumes of original Correspondence, the first containing Letters written by royal, noble, and eminent persons of Great Britain froM the time of Henry VL to the reign of his present Majesty. The Most important document in the other two volumes is, the memorable letter of lady 'June Gray, as queen of England, to the Marquis of Northamp ton, requiring the allegiance against what she calls " the fayned and untrewe chyme of the Lady Mary, bastard daughter to our great Uncle Henry th'' eight of famous Me moue." There is likewise a valuable " Treatise on the Court of Star Chamber," written in the time of King Jetties the First, and King Charles the First, by William Iludson, Esq. of Gray's Inn.—ln Biblical learning, the collection contains two 'volumes of particular interest. One is a fine Manuscript of part.of the Old Testament, in English, as translated by Wiclfik; the other is a volutrie elegantly written on vellum, and Illuminated, containing part of a French Bible, translated by Raoul de Presle, or Praelles, at the command of Charles V. of France ; a version of extreme rarity even in that country.— There arc also some fine 'classical manuscripts; amongst them a fur-simlic of the celebrated Virgil in the Vatican' Library, made by Bartell, in 1142. poetry, beside two beautiful manuscripts of the fifteenth century, on vellum, one contain- log the Sonnets of Petrarch, the other the Comer/fa of there is a verylair and perfect copy, also on vellum,- of the Canterbury Tales of Chaucer, written about the reign of Henry . y.; in the i nitial letter of which is a full-length portrait of the author. Likewise a volume, partly on vellum and partly on, paper, being " A Collection of the Poems of John tyrigate, Monk of BurY," many of which have never been printed ; and an unpublished' Poem, by Skelton, entitled " The Image of Ypocresye," believed to be the author's autograph.' And there is a volume containing twenty very interesung.Treatkos on lifnsic of the fifteenth century, originally belonging to John Wyltie, precentor of Waltham Abbey and afterwards to Thomas Tallys, organist to Henry VIII. ; a manuscript volume that has been particularly noticed and commented upon by Sir John Hawkins and Or, Burney, in their respective' histories bf music. The late EDWARD ()lAN, Esq. was for many years an active Member of the Common Council for the Ward of Farringdon Without. Mr. Quilt was a native of the Sister Kingdom ; but he had been long a denizen of the City of London. Tp great natural talents he added considerable lite rary attainments, and an ardent and social tem per, which endeared him to the extensive circle in which be moved. Mr. Quin for some years before his death resided on the Continent, but returned to this country about a year ago. The cause of his death was a stroke of apoplexy. lli body was found resting upon the wall from Sheerness to Qneenborough, long after he hail ceased to breathe; and an Inquest was immedi etely impanelled, which 'returned a verdict to the effect stated.—(Morning Chronicle.). Mr. SUGDEg called the attention of the Court to this case, which:had been a. few days` previously under his HOnour's con sideration. It would be, recollected that the principal point, with reference to the petitiOner's claim, had 'already been de cided;and hi*Hanonr had directed the ease to be - again men. I tinned, .in order that .some inquiries might be made with re fereriee to general creditors, and particularly with respect to . • the dtbi due to Mr.' Ifoper of 12,300/. Ot t this sum IMO/. ,• haft been paid, to that gentleman out of the general assets, and i x poor. still tonained due. The question yet remained to be decided bt whom that stun was to he paid ? • He apprehended .. ! the petitioner wax clearly entitled to the • residue of • the fund, 411 u, *tint; aside, the sum ,drie , to . Nr.j.loper,• The only , re, question was, what inquiries should be directed as to the general Creditors. •tllr..llEL ~.who appeartd . !on behalf of the general creditors under , .the , will pf her Alajr,tuy, apprehended that There were sonte,ligaldifficUlties with respect to the general creditor* yet to ti 'tlecidedt • . With . regard to' the debt . due to Mr.• !leper, he thouihtthe Court would never allow the payment of •a mort gagee out of general asset* to. the Injury of subsequent cre ditors. The -Vint-Citartert.t.oit admitted that there was some - difficulty in the utitottion. r. t. put a case where no appointment had been granted, and was desitous that' the Court would consider it. • Th u-CnAxek: tan It said, that If •in case of no appoint. mr l int being mode...-this property. woUld not become a partiodo estate ! .and subject therefore to general creditors, in that emu Mr. Austin would be clearly entitled to the surplus proprrtY, after 'payment of the sum of 2,:100/. to Mr. !toper. The re maining question was, whether, inasmuch_ part of that mort gage had been paid out of th e genera l estate, if there were gotelid creditors who had claims upon that general estate which would have reached the sum so paid for the mortgage, whether they. had. not a right to claims t o t h e amou nt so pa i ld out of the general estate. That was the material question to be con sidled. --- 140.Sualizie was desirous that an inquiry should bedirected as to those claims, and that the petitioner rilould be allowed the sum to which he was clearly entitled, deducting the 9,3001. There would also be an inqinry as to the amount of the pro. pert) , left by her Majesty. Mr. BELL observed. that if this heir been the case ofa'iliere individual, the appointment would have let in general creditors. Then the question was; did this principle extend to the case of a font coved 9 That was his only doubt in the caSe.. The VicE.CuaNcELLott would not conclude the Learned Counsel from considering :the question, lie admitted that a point might fairly arise, and he would allow time till Saturday morning to reflect upon it. Mr. SutinEs: said, that At the time die appointment was made, she was not in her capacity of Queen. The Vie e-CitANCELIL.OIt expressed his; Willingness to allow time until Saturday morning. Mr. Mu. had only thrown out these elsestions as points of difficulty arising on the case. Ile did not think he could carry it farther. Mr. StionEm was surprised that any question whatever should he raised. Supposing the properly had been Faris, . it would then only bee let in creditors of a certain descrip. thin ; but the property was not rur , nris ' and wholly of a dif• tatecEr.i.on was desiro us of directing an in. I number of creditors upon the estate, the ft: t e r ; :f t e " n as l a r t i n to c re ut tc ihe aniount of their, debts, and the suns which had been paid and rethained yet due to Mr. I toper. 111 r. BETA. thought that such an inquiry would be satiafac. tory ; but he doubted whether an inquiry oulh t not also to b e directed as to any subsequent appointment w ith might b e i n existence. _ _ had 110 ObjeCtiOli to make this ad. dition to the order. ..... . ... Mr. Su CrtiEN conceived that it was wholly unnecessary. It: wait well known that there wwl no subsequent appoi ntm e nt . Mr. BEM, admitted that there might be no appointm e nt subsequent to that of the }}petitioner; but the .Court in these cases had been in the habit of directing such an inquiry. - ' - The Vter..effaxcEr.t.ott egreed that it had been the cus. tom of the Court to make such an order in these cases. Mr. StloDliii was at a lo,; to know where these inquir4S would end. Ilifliculties and objections out, of . number IWJI been raised, the object of whiCh he really suspected wa s . to k eep the whole funds in' Court. ~. • Mr. BELL appealed to the Court to decide whethe r i t h a d not been its uniform pracdee not to ran with mon e y- b e l ong i ng to afrrise revert Without an inquiry of this nature being first _ directed.. The VICE-CITANCELLOR observed, 'that i n th ese cases, it was absolutely necessary to ccsisider general principle & The principle upon which the+ rule teas founded w as , t h at there might be peculiar circumstances in the case, wh ere a party who had en interest in the fun& in Court was not represented. The COurt would not port with tire funds merely upon the represent. Mina of the party . present, but it would send the matter to its own officer to be invotigated. Mr. tkoontw observed that it was not here a matter in dis pute whether a subsequent appointment existed. Th e h uit deed contained no power of revocation, and, therefore no subse. (pieta appointment, if it really were In existence, could operate against it. The vicr.c„ANcirt,Lott admitted that the p ro b a bi l i ties were very Strong in the Petitioner 9 favour. It was extremely fortunate it was so; but yet they were not sufficient to warrant the Court in parting with this property ‘yitliout such an inquiry. The Court could not look At t l lo parncu tar case, but at th t prin ciple upon which it had onitOrnily,eeted. , 31r. StrunEw was anxious - that as little delay as possible' should occur. The V,cr, Id :,c /tAt tcst4.oll, w, 0 , 11 :quad 7 the inqui r y to) tha Master of, the Vacation , eta theses blot to make a 'separate report -upon the subject. w ith -liberty to the parties to apply . tiy' petition to the Master of the hulls. la dint mode of (Jawing The VICE CHANCEL Lpn, after gating the case, and noticing the objections urged on'the part of the def en d ant , sa id—l d o mot think the argument as to this being a case unfit for the exercise of an equitable jurisdiction can be supported. The plait:aid* claims a particular chattel, and not damages in respect of its loss. The laW only giVeit damagei in an action of trover, and the plaintiff would be unable to recover the specific sub. ject which he .claims.. On this ground, therefore, it seems to me that Courts of Equity have a concurrent jurisdiction with Courts of Lai,' and will assist a' legal owner in the re. covery of that. property Which he could not obtain in an action at law. The Gentlemen who kindly lent to Mi. Hayden those pictures, which they had formerly purchased of him, did so with the generous Motive of enabling bins to prove to the pub. I lie his merits as an artist, but the property in those pie. turps still remained in them, although the picture were liable to seizure for the rent of the room in which they were exhibited. These Gentlemen lent these pictures for the purpose of contributing to, the reputation of Mr. Haydon as an artist ; he hired a room to exhibit them, together with others which were his property, and being unfortunately iti circum stances, which the public, has much reason to regret, he. wail not able to pay fur the room he had so hired. The defentlant . availed himself of his legal right to distrain a ll t h e pi c t ures i n the room, slut he accord i ngly seised this among the rest. Af. terwards, however. be entered Into an agreement with Mr. 11. took a collateral security for his debt, and permitted that Gen tleman to take away some of his own pie:urea for the purpose of exhibitloti elsewhere The defendant, therefore, has given up the strict legal rights which he formerly possessed, and must pursue his remedy on the other security wiirch'he has accepted. His Honour than commented on the objection As to rht assign merit to Mi. Harrison, and stated that the defendant could not now raise that objection, as until this moment he had claimed the property in the pictures on his own account ; and he fur ther obserted that the delay alleged was answered by the affi davit of the plaintiff, whose statement 4as fully confirmed by the circumstances of the case. /2e therefore granted the in. junction in the terms prayed. It was stated, that the Master could not receive thil(picture in his office, and sonic dispute arose as to the place in which it should he deposited. His Honour thought it should uu given up to the plaintiff, upon his undertaking to preserve it, anti to be ready to act with it as the Conrt should afterwards think fit. Mr. Strom:sr strongly objected to taking the picture from one of the litigating parties, and gi v i ng i t to the Oes.; but The VICE-CIJANCELLOA observed, they were not strug gling for the possession of the picture, but for the property in tt, and he therefore ordered it to badepositedin the manner he had before stated, until all the merit*Of the case, both a t l aw an d in equity, had be e n ascertained. THE OLD HOUSE OF LORDS. Yesterday, in pursuance of a plan . to itnproie the avenues of Parliament, the materials of the old 'Rollie of Lords, the Robing-room, anti passages were sold by auction under the order of the Surveyor-General of his 31atesty's Office of Works. The demolition of this Venerable pile does not ex tend to the Painted Chamber, .which is to remain at least dur:. ing another year. The whole of the structure to be pul&d down must,' according to terms of sale, be moved °Why the purchasers in the course of 14 days. The arches of stone over theP oat ie win dows*ere not sold, but retained by the Menlo( Works for future, embellishments. Thepublie on the occasion found a good oppor tunity to examine,the Vaults in which Gin' FAwsrs, and the other conspirators laid the mine to blow up King JAMES and his Parliament. "The doortothe vault by which the traitors entered is plainly seen b ticked up, in the wall nex t Cot ton -gard en. It appears . upon close ins that the moment the conspirators passed that door they. sitirenntier the Robing Itaom where the ItING and Princes put on their Parliamentary robes. Some distance further, in the vaults, they were under the Royal Throne, where the KING took his seat. Bad tilts train been lighted according to the design, the catastro* must have been ter-, rible indeed. The appearance of the vaults is altered by bricking up the Airches and the paving,. but no one who has seen the place, can' doubt for a moment that every facility was presented for the execution of the intended explosion. The scene of a project remarkable in the history of this coun try, must soon pass away ia. the destruction of the building, which will be replaced by aliete range, to be erected under the direction of Mr. Soitwg—T6 roof timber is discovered to be of ehesnut, and not oak, 'as some supposed. It is still sound at the heart, anti would no doubt stand A century longer. We are not prepared to state the . precise time at which the building was raised.—The House of Commons, which adjoins the House of Lord:, was, according to STorex, a Chapel founded by Ring PrEPLIEN, in 1141. It was new built by Enwanu the ',Plum, in . 1347, Out King holding his Court near the spot. The Ilouse having surrendered to EnwArtn the Sixth, it has been %Mee ustd for the business of Parli a ment. On ST 01v tra anatomy we may conclude tha welts and the .roof timber of the Old House of Lords most have been 'standing about ..100 years.— In the reign of Jams:B the First the house of Lords had a number of small buildings adjoining. Itit..'Sergeant Oerstow laid if he hwi'4iiditt 'fAet fore, ha should not have suffered the :prieonet to - be pot Olt iii' trial until he was in a e flt state to make hit defence. The visiting surgeetkof the gaol, Whatinart, teal the a called, and stated that he had strictly watched : the prisoner. and had reason to think that he etai,setiot, at ail times sane. He was now directed to e x a mi ne th e prisoner, and giye his opinion as to his present state. Accordingly he. went into the dock, felt the pritioneee pulse; and expreseed hie ennvietion that his pre. sent state of body and mind tendered him incapable of under. mantling what was passing, or ,of making hi, defence. His pulie at that moment was 135. 'Upon Mr:Serge:int 0 ieseow :said that but one worm: of 111;6046de ins{ was open--namely, to discharge the Jury from git.tng.iny verdict, and postponing the case until the next gaol delivery., This was not a matter of frequent oceti'rrenee, but he had ne doubt of his authority so to deal with the. cite. The Jury were then discharged from giving any verdict, the prisoner was remanded to jail, and the recognizaneee of the witnesses respite ii till the next assizes. Williosn Denalien., alias Dowilly, was indictott , for the wilfa:, - murder of Bridget Donallan, his wife, at Chatham, on • the 19th September, 11.119, by drowning her in a well. Mr. al AItSHAM (with whom was Mr. Ceenthor) stated the case for the prosecution, and celled several witnesses, who' deposed to the following facts :-- In the year In: ii the prisoner, who had been .previously a soldier, was broeght as it deserter from Portcheeter jail to the depot °utile apt,' regiment, (to: which he belonged) at the Isle of Wight. The regimeet,heing • then in Canada, he, together with his wife and two children, was ttent to America ; and in 18 Irhe returned to this country,, and was quartered at Brompton. In September in that year he was billeted at th e Duke ofl ork public.house, and a back kitchen, to which was attached a bed.rootn, was assigned to him and his family.- His wife (who was represented to be-tt very respectable woman) was then; in en advanced state of pregnancy. On the morning of the 19th of September, the deceased, watt mieeing, and the prisoner being asked by the wife of a sergeant who was abroad what had become of her, said elle hail gone off with a soldier of his regiment, and taken 31. with her, anti her clothes, leaving him but 15e. Ile then proposed to the sergeant's wife, who was preparing to join her husband at the Cape of (oed Hope; that rite should cohabit with hits: She treated the pro-, positron with derision, and told him she had no doubt his wife would return to him in a day or two, knowing her to be a • woman of correct habits. He, however, said lie would be d—il if his wife would ever be seen in Chathem ,egain. On the same day the sergeant's wife agreed with the publican to take the apartments which had been occupied by the prisoner, who was let into possession of another rote in the house._. Upon examining the prisoner's bed, there were stains of blood • upon thoboleter, the sheets, and the ticking, which were said not to have arieen front natural causee. This circumstance excited no' suspicion against the primmer, end he remained in the'house for a week after. Immediately 'under the window of the room was a well. In a, few days after the dere:lied was missing, it was observed that the water was tainted and unfit for use. At the end of three weeks something was discovered in the well which excited curiosity, and a man was sent to examine it, and the result was, that the body of the deitased wee brought up in a state of nakedness and putridity. No marks of violence were discernible, from the length of time the body had lain in time water, but na doubt was eeoertaineel of her identity. It was admitted on the part of the prosecution that nothing would turn upon the nakedness of the body, us it was the prilc4ce of the lower orders of Irish to sleep in that state. At tine time the pri soner hail left Chathwil, having been ttlio:harged from his regi ment, aria no traresot iron could bieselogadotel. ju du..41-10Ut A private in ilic' :bet it'eet India Iteerinfens, named, Thompson, who was stationed in the (stand of Itirbeiloes, soul hod been a sergeant in the :Midi in the year Ifiln,,When the p w ) prisoner as received at the depot in the Isle, of Viright, happened, to , pick up at the guard-room door, apiece of an old newspaper, containing an account of Aire. Detiallan's Murder by her husband, which brought to his mind the ceersiction that the prisoner, was the man. In the month of 3larch, 11;4, Thompson happened to be quartered at Clanmorlis, county of Mayo, in Inland, where the prisoner then resided: Being on duty one day, the prisoner patted the barracks, and he imme , !iately re cognized him as tut old comrade. They fell into convereation, anti Thotimson asked him how Biddy and the children were, meaning the prisoner's wife. The prieonerbecam e much agitated, and answered that his wife died, or that he had bulled her (which • the witness could. not say), at Chatham,ite in a day or two Thompson eeinermnieated his suspicions to Captain Smith, anti in coneequetice of information s hi and twit other soldiers were sent by the Denourable Dents Browne to desire the prisoner to attend him. Time prisoner being infortned'a, the message betainie again violently agitated, and expressed a wish first to put on a clean shirt, which he was incapable of'doing without assistance from extreme perturbation at the (=Mum , cation which had been made to hint. Upon his appearing be fore Mr. Browne, he was sent to this Country to answer this charge. The • prisoner stood for trial at the last Assize*, but in consequence oldie abseAce of material witnesses his trial had been postponed, Two circumstances were admitted , to be foe vourabla to the prisonertirst, that within a week after iris wife was missed lie had drank of the water of the well ; and second ly, that 1141 maddito attempt to escepe when suspicion was attached to The prtsoner„ who was without 'Counsel, cress-cxatnined sc..; veva ofibe witnesses With'' acuteness, but nothing Was elicited tending to relieve him from his perilous situation. Ile handed in a written defence, wherein he solemnly protested his inno cence. In a feW words which he addressed to the Jury - be earnestly appealed to them, if it was possible that he could be guilty of any violence towards a woman hY.whom he had had two children, anti who had accompanied him through .1 , :nr,.• lauti,'Sentland, Ireland, France, and. America,' in - all his cam pop s . Ile hoped the Jury would strictly examine their own consciences - Wore, tinder such cireurnstanctt, they. would lin& him guilty of so atrocious a crime. Mr. Sergeant t.)l4sLow recapitulated the eviknee, tend left the jury , todetermine three questions—first, whether they were satisfied of the deceased's identity ; second, whether the pri soner was the author of the death ; arid third, Whether the de- Ceasettcame by her death in the manner charged in - the indict ment. ' . The Jury d'eliberated for some tune, and found `the prisoner —Guilty—Death. • The prisoner being. called upon in the usual mariner to say whether he hail any thing to argue Why sentence of death should not be passed upon hint, again solemnly declared his innocence. ;Ur. Sergeant ONstmtv then passed the awful sentence of the law, and ordered the prisoner Air execution 'on Friday morning next. TILE Y ST1:111(t1)8 STitA NG E4O--(" Ea_sibot Artie, Aug. the last few. days, a circumstance occurr, , d here which has given rise to a COBjeCture, that hits c; ceLei sonic interest, and.ohtained no small degree of creditit will, no doubt,. be recollected by reanvof your readers, that about two years ago, the East Lothian flank ITO TONIC& ;0 nrery gated. derable amount, and that a man of the name of flortb wiek (for whow apprehension a reward of oth theinsand pountre *as of= fared) was suspected. of being deeply concerned La the robbery. He was described as having a scar on the kft eye-brow, and ano her on the right leg, whieli hare led to at suspicion, that a stranger who : the other day was seized by A ;4 Mid soon. after expired here, was Borthwick, his body exhibiting the &man gutsh Tng markt' above stated, And in other respects corr e sp on d. mug „il l t h e d escr ip t i o n giy en of him. The body lias in con attqmean; necessary for preventing inuii.ettilite putrefaction, as the corps -,t, it thought, e ben by some person of the East Lothian Hank, to which the e;irueum sc e r f e a l bi ; l :1 1 .I'° l7l ' r el : c l; l‘ r '‘l. 4 t '°i e nll 74114 1 ° a :t'! : :b t neet t; bac v 4It e t:I n 411:. m de n i kli s it , di :wit wh o a 4wt took t ehkb t :tg t e : '7 : o h n e e l , a 4r has any thing transpired wher e by to learn who or what ha was -.All that.wwi found. about his - person was three keys rid his lodgings were as destittite of property as his vileketa.— t Recevidon Chloniete.)