The Sun. — London, England, 1812-12-12 00:00:00

H AV MY. COPY.-CIRCULAR, 14G. OFFICERS WIDOWS. War-office, Nov. 30, 13121 havt , the 'honour to transmit here - vith; for your information, a printed copy. of the Prince Regent's Warrant of the 26th September last, abolishing the former practice of transferring the payment of the, Pensions of the Widows of Offi cers of the Land Forees from Great Britain to' Ire-. land and vice Versa, upon the removal of regiments from one establishment to the other ; and directing that, in future, every Widow Shan receive pay meat of her Pension in the country in which she resides. You will,,however; be pleased to observe, that in the first instance, every Widow is to be placed upon the Pension List of the Establisment to which the regiment in which her husband was serving, at the time of his death, shall , belong. I ha've the honour to be, Sir, Your most obedient - humble Servant., PALMERSTON. Colonel of the Regiment of WARRANT FOR THE MORE CONVENTENt PAYMENT OF THE PENSIONS TO THE WIDOWS OF OFFICERS OF TU LAND FORCES, RESIDING IN GREAT NU- TAIN OR, IRELAND Dated Sept 25, 1812. - By Ids- Royal Iligirnesa the Prince Itegeot of tlic United Kinglltnn of Great Britain and Ireland. GEORGE P. It. Whereas, it has been represented unto us . , by our Secretary at War, that much inconvenience has arisen to the Widows of the Officers of the Land Forces, from the present mode of transfer ring the payment of their pensions from the Bri tish to the Irish Establishment, and vice versa, from the Irish to the British Establishment, Upon the removal of the regiments to which their late husbands' belonged; and that great.convenience would result to , them from an abolition of the ex isting practice of issuing in every case the allow ances to the said WitloWs From the Establishment on which the corps concerned may happen to he serving at the time of payment, which representa tion we have'taken into our most serious consider ation, and being desirous, of contributing as far as possible to the comfort and accommodation of the individu4s concerned, by enabling each Wi dow to receive the Pension:from the Establi,,h- Ment of that country in which she shall reside, without being put to any unnecessary expence, our will and pleasure , is, in the name and on the behalf of His Majesty, that the follow arrangeMent do take place in the United Kingdom from and after the date of this War rant, Ist. That each Widow residing ; in _Great Bri tain be paidby the Paymaster General, .and ever Widow" residing in Ireland, be paid_under the direction of the Government of, that,.country, without regard to the EstablMnnent.,ppon which the regiment to which her husband belonged nAy be. 241 y. That when an Officer dies, whose Widow maybe entitled to' the Pension, the application for placing her upon the - Pension List, together with the documents required to substantiate the claim, shall be transmitted to the War-Office, in London, or the War-Office, in Dublin Castle, ac cording as the regiment viay• be upon the British . o the Irish Establishment ; and it the title of the Widow. tote Bounty be sufficiently autknticat gdi; she is then to 'be placed upon the List of that country in which the regiment may be;, and if not resident in that part of the United Kingdom in whielr her Pension would fall to be issued, a no, titication oilier claim, when established as afore- . said, and of her actual place of . abode, shall be made to the Government of Great Britain, or Ireland, as the ease may be, in order to her being paid as directed in Article Ist of thiS War . rant. idly. I,n caseiin which a Widow after having teen placed upon the Pension List, and having received a portion of her Pension, shall be desir •oits of changing her residence from Great Britain to Ireland, or vici.ve7'sa, two months previous no tice shall be given by the Widow to the War-Of fice of , the Country in which she is then resident, of her intended removal, and a notification shall then be made by that Pthce to the War-Office in - the other country, in order that the, Widow may receive the Pension in Great Britain or in Ire - laud, from the- termination of tlie'n current four months in which such notice :lialrliave been . , received. ''• u - • ilthly. N fee or deduction' tvisai . e . VCr is to he made from.the Pension of any Widow, either in Great Btitain or Ireland, upor her being transfer-'- redlrom one to the other establishment, in conse quence of this arrangement. And for so doing, this - shall be as well to the Paymaster-General of our forces, as to all others *hom it cloth oranay concerti, a stiflicient..war rant, authority, and:direction. Given at our Court at Carlton-house, this 25th day of September, 1812, in the 52d year of his Majesty's reign. By command of his Royal Highness the Prince . Regent, in the name and on the behalf of his Majesty. P.JI4.NERiTOVZ. MEMORANDIJI. Any widow residim4,in Gre;it 'whose pension is now issued . in- Irelaric;, ~should notify ber place of residence, to the War Office in Dub lin, in order that official directions-may be given for the payment of her pension in Great Britain. In like, manner any widow residing in Ireland, whose pens:ion is now issued. in Great Britain, shorild make a similar report to the War-Qilice in London, when inAructions, will . be given for the payment of her pensioi in Ireland. . • 'id a. widow should afterwards ehange,her Owe. of residence, she is to,give timely notice, of her intention hi the mode pointed out in the above %warrant. Captain CHARLES S . TEnL, of the 2d Ceylon Re giment, hasibeen dismissed the service by a sen tence of a Cout-Martial'held at Colnmho. • • " ~, bankrUptey .4.;ngiana supersede, sequetaratiqu in Scotland I 7 i - i6d43sii - Gi A full bench *as ordered, and upon "tlie cause, and hoar*, the Counsel at ton iiderahie 'length, their Lotdships dismissed th application fora sequestration, and deeerucd. The Protestants of the County of Westnteli-li have addressed the Prince Regent .agahist the Ca:• ' tholic. EXTRACT FROM TH AVORESS. " 'We" dutifully and gratefully approach yrrut° Royal Highness as our guardian and protector ;.; and we are influenced by no illiberal of bigotted spirit of exclusion or oppression most tilaclly should we accede to the extension of every privi lege, the femoval of every disability i consistent with the perfect safety of those establishm en ts id Church and State, under which we has - e. enjoyett security and increasing prosperity for' so long a period. But when the Roman Catholics 01474 themselves to be urged on to claim unqualihea concession, unmodified extension of every privi-; lege, at the's - 4)We' time. refusirrg to submit their' establishment to those wholesome ties, by whiall ours is•connected with the State, we then deeni it our duty - to declare, that such extension of vilege is alWolufely incompatible with the spirit and security. of British Constitution, espe-- cially as tending to subvert the Protestant settle ment-of this country, on which we are couv.inced the connection between Great Britain and Ire land, and:ultimately the. 'security of the Empire, • depends." WESTMINSTER ScllooL.—Terence's adrniral)!e Play of The Eunuch was, on Wednesday evening, repeated by the King's Scholars, at this distin guished seminary, with increased effect. _ Where every chara.7ter was so well 1 eptesented, it is invidious to point out individual excellence. We will therefore only say, that some of the act ing would. not: have disgraced the aOlest come dians of the' day, more particularly that of Mr.. ANDREWS, ill' Gliatho, ‘vlio, we 1 - Tave no doubt, •as profited much from thy instructions of his learned Father, the Dean- of CANtERBZIRT, for merly one of the Assistant Masters at Wcsminster School. The Prologue and Epilogue Were given for the first time. The first was much applauded ; but the latter went off rather heavily, being nitwit-in ferior iu point ,aud- humour to those we have usually beard. The eompany was most numerous respect., able i many persons of the first distinction were obliged to go away, not being able to procure ad, mission. Among those who obtained seats, we noticed The:larquis of Lansdowne, Lord Nortnanton and Di . 1_,:1)3; the C'hier Baron, tiv Speaker, the Nlaster of the Ito1:4„ the Bishops of Cl'l , A.::titd London, Dr. Good..;ll.,,oLt:ton,,Sitl W. Scutt, E. Mackworth, John Philimure,..P...Warkv,., Admiral Markham, Gen. 61 ., .. , 5ertt0r„ Messrs. B. Abercronaby, Banks, H. Wrottesley, "Alant4, D'Ovly, C. Nt'arrelt„ , Weltber, •Tannton, Sketling,ton, bell, Puller, ':Tr.stirrathe, _Erskine, 0. Markhatn, 6.->r, Deaf ctrl numerom and respectable meeting of ladies and gentlememofßirmiugham, held at the Blue Coat (%acity School on Pri%clay se'nnigiat', to take iuto consideration the formation of an institution in this town for the purpose- of educating these unfortunate objects of pity, The Rev. Dr. Otitram was in the chair, and.ruade a most forcible appeal to the .feelings of all present, upon the importance of giving to those unfortu nate objects that education Iyhicb would uL.lke them wise unto salvation ; and' enable thew tz . understand that life awl imnionality were 1 - ouglit to light through the Gospel, T he Rev. John. Currie and . the Rev. Dann Kennedy-spoke shortiy upon the:importance of the subject oft which'thev were -met, ar)d-' earnestly entreated the compAty present to patronise so praise-worthy an,iauidi r taking.—Mr. Blair (to whohi must be given the highest praise, for his indefatigable exertions int bringing to ita present state this benevolent In stitution), went into various details upon the_ sub ject, which.-he treated in' a - most .sc!errtifie man ner, and related various anecdotes, which sensi-- bly affected many of those present. whole assembly appeared highly pleased, and entereci heartily into the Ineasure. A handsome subscrip tion was inunediately commenced On Monday last., a child, about four years of age, in the. absence of- its , mother, who resides in the Bag-lane, Derby, Set fire to its clothes, and was so dreadfully burnt, as to occasion its death the following day. BIRTHS. . Yesterday sennight, the Lady of John W ra y, jun._ Esq. of Wilierbr, near Hull, of a - Dangliter. On the 4th inst. Mrs. It. l'en.yili, of Fredoiek-street, of .A Son. . ..:, On Tuesday erenitl4 . ,:-, Mrs. Parkin, the wife of Captain R. Par nettiiiiishorough, of two tine girls. On Weildesday, at Easton-House, near Grantham, the Lady of the Rev..l. Cliohoeley, of a Son. AIARRIED. On Tuesday last, at St. Mart's, Newington,. Mr. W. Lyon, late of St. Domingo, to Miss. I:owe, of Peetilrim Seminary. On Thursday, at Edmonton, the Rev. W. Wise, B. D. Vi car or St. Lawrence, Reading, to Inn, eldest daughter of John Ilenioeli Esq. At Daresbury Cherch, in the County of Chester, Mr. Wit ham Starkey, sou of the late Mr. James Starkey, of Whitby, in the same County, to Miss Acton, only daughter of the late ThoMas ; ACtiM,'Esq. of Wtstbanli, nearlitmcotn. DIED. the : 3 20c14 ult. Sir Cuthbert Shafto, of Bavington, Knt. aged 76, On the 2t3'l` bit. at Dundee, Sir Alexander Douglas, Bart. of GlenheYtiti— Ou Tuesday last, at the house of his mother, Halt's-place, near Charing, Kent, after a week's Violent illness,' the Rev. John Cecil Tattersall, B.A. Of Christ Church, Oxford:. On Wednesday last, at . Lesney, Maria, youngest daughter of the,.late R illiam Wheztley, Esq. of Lesney, in the County of Kent. The same evening, suddenly, rat Stroud, Gloucestershiw, Edward Mason,. Esq. formerly of Enfield, one of the Magi strates and Deputy Lieutenants of the County of Middlesex.. On the 7th inst. at Sedhury, near Richmond. Yorkshire, in the 67th year of her age, Mrs. Hiliyard, the eldest surviving daughter of the late Sir Robert Bildyard, Bart. of Winstead, lu that County. COAL MARKET, DEC. 11. Ships at Marget. Ships sold. Price. 48 Newcastle . . . R 4 . . . 48s. Od. to 545. 9cl. 4 Sunderland .• . . . 4 . . 445. Od. to 48s. 6d. HIGH WATER AT LONDON BaIDGE TO-MORRO . W. Morning, r 9 minutes after fi. I Evening, 25 minutes an,er 9. LONDON; Printed by THOMAS Ni : OOD, of Nu. Russell-euurt, rydges-street, Covent-g-arckn; o-nd Published by WILLIAM ARMIGER SCRIPPS . , South Molton-strvrt i 4ifoirwrior-squar t , At the Sux far rIcE, .N 4, 112, S.,tratic.',,- where Aticeilisolicutv, Orders for the Paper, Letters tor the Editor, &c. (post paid), must be alidres,sed, CO 71 _4 . couxr OF SESSION, STCOND DIVISION, NOV. 28. Ito AL A::K OF -SCOTLAND V. CUTHBERT AND OTHERS 'l . llO luestion at issue in this case is. one of very .6nsiderable importance, not . merel; to the paßies, but to the law of both ,Scotland and ing- , land. William Scott atul Thonias Smith, bankers and insurance,brokerS in Edinburgh ; John Stein and James Szeiti-, junior, distillers at Canonmills ; Robert Stein, distiller at Kilbagie ; and Robert mith, residing in London, carried on business as Copartners, in ScOtland, under the ,firm- of Scott, Smith, Stein, and Co. and, in London, undei' the first of Stein, Smith, and Co. A commission of bankruptcy Was awarded against them - in England, on the llth day of August last,.and the defe;nlers in this ci se were the assignees - , named and ap pointed Under the commission. Upon time Ist, Septeinher,t 1812; the bankrupts entered 'into an indenture with the assignees, whereby they sold, assigned, nd conveyed'to them the mr:h.)he of their property, - heritable and movable, situated in Scotland ; 'and ttpon the 7th and Bth of Septem ber, they also executed similar assignations in fa vour of the as::ig•itees, in the Scots form. The Iloyal Batik of Scotland held two bilN, one for 5000 L and ;the other.for 60001. .drawn. by Scott, Stith!), Stein, and Co.-of Edinburgh, upon Kensington, Styan, and Adams, late bankers in London. These bills Were discounted by4Scott, Smith; Stein, and Co. at the office . of the Royal Bank, - and Were by the Royal Bank indorsed to the Bank of England. These. bills were dish:;- 'Mitred, and returned,to this country. Diligence was raised upon them, and the firm of. ScOtt, Smitb,• Stein, and Co. and John Stein 4ind - Ro bert Stein, the individual partners in this cOnn-- try, were by a messenger's execution, of search, made bankrupts, upon the 25th of Ang. 1812, The BAnk having taken_ these steps: to yen(ter the company bankrupts, upon the '2oth . day of, August- last, presented a petition to the Lord Ordinary on the bills, pray" ;ng for a sequestration against 'Scott, Smith,' 'Stein, and Co. as a f:0111- pany, and agaiust.John Stein; and Robert Stein, as indiViduals. • Appear,inee was made for the assignees• umler the English co►uumission of bankruptcy, and, upon hearing counsel, Lord Bannatyne, ordinary, ap pointed the pales .to state their pleas, in mutual infOrmations- to the Court. , - • -For the English assignees it was argued, that a Commission of bankruptcy was issuing against Messrs. Stein and Smith by the Lord Ceaancellor, and; in consequence of that com Mission, their whole effects, real and personal, wherever situat ed, were conveyed to the assignees regularly under the commission, and those assignees oppose the present attempt of the ScOts• creditors, who 'apply . for srquestratidn of ; the very same estate,-that it maybe distributed in Scotland, and, according to the rules of the Scots.bankrupt law,-on the gene ral ground that the whole of the bankrupt estate is already vested ldgally in the English assignees. Qtt looking at the authorities. on this point, both in England and Scotland, the plea maintained IntS been laid down, by writers of established charac ter; as perfectly fixed by the law of both coun tries ; and although the effect of the foreign com mission- of bankruptcy , was long i a question .of difficulty in Scotland, the ..just and liberal: prinei pies- of inter-national jurisprudence, that had been for a considerable period before recognised in the practice of the English . courts, have at last been, 'adopted, and on the authtiritv of a Mass of deci sions, it is now held to be the spirit of both Sciats and Englishbankriipt - law, that when either a commission of bankruptcy is awarded in one country, or a sequestration in the, other,' tbe whole of the property of . the bankrupt, real as well as_ personal, and situated without as well as within the jurisdiction, shall; wader that sequestrittion or commission, be distributed among the creditors, and; of consequence, that there can be noCo-exist ing commission and sequestration with regard to the same estate:" A number of English anthorities and decisions support thifZ doctrine ; and although it was no doubt at one time liehl to be the. law ;of Scotland, that an English commission• of bank ruptcy did not operate extra territorizem, and which principle was founded on a trio great degree of -jealousy of the interference of English, forms and English jurisdiction yet, in the great case of.. Struthers against Reid and others, Ist February •1803,.the Court, after a bearing in presence, pre- ' • fcrred the English assignees to, one arrester of the goods of the bankrupt in Scotland ; and in the • case of Fairholme'S . creditors, 20th of' Novem ber the . Court- held the English assignment •to reach the effects of the bankrupt 'in Scot land, appr.-)ved of the case of Struthers, and preferred the English assignees to the Scots ar rester. These decisions, undoubtedly, put the Scots law on precisely the same footing as the English, law, so far as movable property is con cer!ted ; and if in neither ecumtry the decisions have extended yet to heritable property, it is-only because the question has never been actually tri ed ; and although the doctrine, niobilior non ha bent stlMo cannot, -of course, extend to this-9e ' cies- of property, the principle of enabling the as signees under a commission, or the trustees under a saquestration, to proceed unmolested in applying tine bankrupt funds to the payment of the credi tors at large, is equally applicable to the heredi tary As to the moveable estate, and the domicile being in London; the estate is there also. The "plain result' of. the authorities from the law both .• of England and Scotland therefore is, that the se questration applied for by the Royal Bank must be inept, the bankrupt suck being already validly Conveyed to the assignees. Indeed such a seques- : -,trition would be ,worse than inept, for he would '-evidently have the effect of embarrassing those aislgneeS in the execution of their trust,, and oc casioning a load of most useless and absurd ex '.pence. If the old law as to the operation of an English commission in this country had yemained unuttered as to the personal estate, or if Messrs. Steins a•nd Smith, in defiance of the duty incum bent upon them, had refused to execute 1t convey ance of their heritage here, there might have ,bean some plausibility in s ate present demand of the Royal lignk ; but . as matters stand ; qt cleat' that the demand is, in the face of All those general brinciples of inter - national law which the Courts oth of England and Scotland haveolltite ply recognised. It is impossible, in consistency' with these principles, to suppose two separate and conflicting commissions going on at the same time, in distribution of the sameestate to the same body of creditors,;. a state of things, the first view., of which,. as the inevitable consequence of the plea 9f the ,ROyal Bank, is lluite enough, previously to . ail imairy, to warrant the presumption that such could never be the law, either of :England or Scotland. For the Royal Bank it was argued, that the as sumption of the assignees, that as London was the, domicile, or one of the domiciles of the company, it Must be held as effectual to sustain any proceed ing in bankruptcy, sou s to carry the whole es t-.l.te and effects of the company wherever situated, is a plea which makes the assumption of so many points, some of them, .at the best,. very dwubtiul, and others entirely false,,and seems very ill suited .for opposing the_nridoubtedly legitimate proceed ing of' the Scottish creditors of a Scottish house, carrying on trade 'in Scotland, down to the very day of their failure, and directed against property locally situated -in Scotland. The ground on which the -English assignees rely, in contending forthis, etraordinary power of the English com mission, is that maxim which they have so egre gionsly mistaken, that movables have. no Titus;, anal they have founded upon as if it were not fiction, but a rule of Yaw. That the maxim al luded to is a mere fiction, is manifeSt from this, that it is Contrary to the-truth of the fact, and (le pied iii hang cases by the law, The locality of - debts "-cannot be questioned ; and - movable pro perty in another country, s subject- to the terri torial law concerning it ; it can be-recovered only by the aid of the territorial law, and being attach ed where it lies, it will found a jurisdiction in the ec,nirtS of that. country against the owneV: Even if the "right contended for by the assignees-were admitted - , they could recover, the property of Messes. Steins in this country, - -only by the aid of the Scottish law, and through 'the 'operation of Scottish forms -of execution. , _lt seems to be ,one of the most essential prin ciples of the law of debtor and creditor, that the jurisprudence in the country in which the debtor resides, in which the contract is made, and in Which execution is to proceed, forms one distinct part of the connexion subsisting - between the creditor and the debtor. At bile the'debtor continues solvent, he may, in the admiuistratio. - . of his af fairs, have its effect's in other countries, or may himself be accidentally there ; but he Cannot, without fraud, do any act intentionally, to defeat the rights to which his creditors bad trusted, or to force him to make his claim according to the rule! of a foreign law. If this be the true principle its the ease of an individual, it remains to lie seen on •what footing it is possible to rest the extraordi, :nary. doctrine; . that where there are two compa-4 nies and a double domicile, the English commis sion must necessarily supersede the sequestration in Scotland. It is admitted, in the first place, that the effect thus ascribed to the commission, is derived from its priority alone ; and therefore it follows, not only that sequeStration war originally competent in Scotland, but that it might, by the same priority, have been the ruling process, and have brought ;dr the English effects hither for dis tribution. - But sequestration could not have been competent, except on -the footing of domicile in Scotland ; and this, implies,. that the company of Scott, Smith, Stein, and Co. had been esta blishedin Scotland—had carried on their dealings an Scotland--e-had raised.a credit *lib Scotti'sh -mer chants—and. had•indUced those Merchants to rely on the Scottish law for! ecovery of their debts.— Themovable estate of the bankrupt is,- however, to be considered as in his place lA' domicile, though locally elsewhere; and by which the domi cile itself is to lie ascertained. It is by the law of Scotland, therefore, according to this reasoning, that proceedings against the Scottish company and its partners domiciled here can be taken. Now,, is ;here any injustice, any incongruity., in giving effect to these firm principles, if there be no en eroachment on the right of the English creditors? 'ls there no alternative between the total extinc tion of the domicile already established in Scot land, and consequent annihilation Of all those rights which the Scottish creditors had acquired, and. the inefficiency of the English commission ? The applicants do not contynd for the annihila tion of the commission, so far as it is applied to the English company and effects ; they only con-: tend for the efficacy of their own proceedings, and the preservation of their own rights,as . Seottish creditors. There is neither incongruity, nor in justice, nor inexpediency, but much the reverse of all this, in admitting each *of these great processes of the respective laws tus their fair operation, against the English an.] Scottish firms-. Nay, without this, the fair principle of law„which con templates the property as concentrated in the seat of trade; is denied its due operation. A case, may be supposssti, in which the two proceedings would necessarily both have effect. .For as it was the duty of the bankrupt to be impartial in their - dealing's with their creditors, it may be supposed that they had given their aid, respectively in Eng land and Scotland, rsith such correctness, ks to enable the commission and tie sequestration to be issued in London and awarded in. Edinburgh at one and the same time. Is is unquestionable, in that case that both must have been inevitable, for in each country there was a domiile to authorise the proceedings : in each there was a firm 'and a separate establishment, and in each there were distinct funds. These are the general arguments of the parties applicable to this case, in so far as our limits will allow us to go. .There were no doubt other oh= jections stated by the Royal Bank, to the title, to the domicile,- to the Connexitm of the Scottish with the English company, AO to the bona. fides of the company of Scott, Smith, Stein and Co. who, they Alleged, were in collusion with the English assignees. These objections were satisfactorily answered by the assignees, and the great and cer tainly important question for the consideration of the Court was, whether or not the commission of