The Sun. — London, England, 1823-01-04 00:00:00

THE LONDON JOURNALS. TXTRACTS FROM THE GAILY MOICNING PAPER shitillaq 4, • iw-23.. r [NEW TIMES.] The Message of the President of the,United States on the opening of tho Congress was re. ceivpd yesterday. Although it is necessarily confined .principally to domestic affairs, it will not be read without interest. The state of America cannot indeed be at any time entirely unworthy of the attention of the people of Great Britain. After explaining the alterations which have been made in the commercial relations of the United States with England and France, and mentioning the establishment of a Government securing to the inhabitants of Florida the full enjoyment of their rights and liberties, and ad mission into the 'Union; the Message notices the condition of the Finances—from which it appears that three millions of dollars would remain in the Treasury at the end of the year just termi nated. [rnE TINES.] We publish a curious paper—(See THE SUN of tiar.do) , --r-respecting the Verona Congress, and the view of the chief personages there assetubled„ on the subject of Spain,. We. hardly know whether we can describe, the. production as a State Paper, inasmuch as it seems 'rather a sepa rate communication from -the. personal agent of one,of the French Ministers, to his principal ,or employer, than a document intended for the perusal of the whole body. it should appear, that r before M. Montmorency joined the poten tates at 'Verona, he had either commissioned, a certain M. jottlfroy, or this person had Volun tarily applied himself to the ta!,,k of ascertaiuing the precise views of ,the " Holy Allies" with re spect to the Spanish affairs,- in order that the French Minister might go better prepared to enter upon the business of the Congress ; end this paper, supposing it to boauthentie, contains the intelligence gained by Jouffroy, and imparted to Montmorency fpv his guidance. After giving this descriptiowof the paper, we shall enter upon its matter. The vivws which it imputes to the High Allies, and in conformity to which 111. Montme— reney is advised to act, (in conformity also to which it may be feared he has subsequontly acted), are most striking. They complain that France, in her transactions with Spain, has always sought to impose a charter upon the N. ainsUlit. Now, this charter is not at all to'the taste of the absolute' Monarchs of 'Russia, Austria, and Prussia. It concedes too much vto ( • revolutionary principlei ; it tampers with revolt, and affords public encouragement to the discon tented and ambitious. Neither, it is asserted, is a charter the thing which the good and generous and noble Spaniards themselies desire : they and their illustrious patrons of Russia, Prussia, and Austria, wish for a more simple form of goVern tnent—an absolute Monarch on the side of the Sovereign, and, for the subject unqualified obe dience. [MORNING POST.] Frankfort Papers to' the 29th ult. have ar rived. Their contents are of some interest ; tispe at far - as they relate to the distresses of the Tiirkish teet, and the fate of the Sultan's' late favourite, llaleb-Elfentli, whose head is said to have been planted on the walls of the Seraglio. This intelligence was brought to Odessa by the Captains of several merchant ships , that kft Constantinople on the 2841 of November. They stated that the Turkish capital was comparatively tranquil at that period, al.' though the destruction of part of the fleet, and the escape of only sixteen large, vessels into the sea of Monitore were known. The Sultan had given immediate orders to decapitate. all the superior °Hirers on board those vessels', and on the esth their heads hod arrived, to gether with those of lialeb-Etiestdi, the late Grind Vizier, the Director of Customs, the Capitun.fley, anti others.Aaleb-Etfendi's two bankers, the one a Jew akt the other a Greek, had bean sent• to the prison of the Dostangi I.lasciti,' to be put to the torture, in order to obtain from them an account of their mas ter's treasures. The triumph of the Janissaries wits therefore complete, and the only thing which was supposed to have the life of the Grand Seignior (for the son itice of his friends would not have been sufficieni) %t a, the tkiicate health' of his son :.for a superstitious belief prevailed that the Ottoman Empire would perish when a suc cessor to the `prone should fail in the Impede) line. [MORNING CHRONICLE.] ft is so well known to all persons capable of the least reflection in this country, that the Spanish'. Revolution has hitherto 'been distin guished ht.y9ed every other for mildness and for bearande, and that the charges of cruelty and ferocity which have been so liberally brought against those who have taken a part in it, origi nate in fraud and falseltoOd, and are repeated only by persons w hotie not believe in their truth that it may almost be deemed a work of supererogation, to offer any argument on such a subject. Besides, were Spain and Portugal the theatre '6l every possible enormity, the prin eiple for ,which we contend would not the less hold' good, that so long as no injury is offered 'to any foreign power, there exists no ground for interference, A cause, for war can never he wanting, as is well observed by the eloquent author of the article on . Pattitionq iii the Edinbutlgh Review, if the badness of a Con stitution or internal dissections be deemed a jus tification of interference with , the domestic Con cerns of a country. The Governments of Aus tria, P ru ssia, and Russia, cart receivethe appro bation of no ratioual being, Umpire a disgrace to this part of the world ; but we are not enti tled to go'te the Emperor,. Alexander, for in stance, and tell him that Ills military autocracy ought to give way tp,ahetter species of govern ment,—that it enppses a State to frequent con vulsions,---that, It makes the soldiery the judges of the Rule? and the scourges of the people,— and that, by the examples of dethronement and assassination of Sovereigns which it perpetually. holds out, it loosens the security of the Mo narchs of better constituted States. [HORN! NG HERALD.] The most interesting purl of the American Message is the President's view of the State of Europe. Intelligence from such a quarter would come rather too late ' • but the coup &ail of a peculiarly situated, th ough distant, Government, communicated on so solemn an occasion, is not without its value, for those who are near or even within the scene. The President- regrets, in a tone of respectful moderation towards Spain, her persisting in a dispute with her late Colonies, cc so unavailing, and at the same time so destructive." He next passes to the Greeks, whose struggle for liberty wakes all his historic recollections, classic sympathies, and enthusiasm for the antique. We remember a report generally prevalent some months since throughout Europe—that is, through the Journals of Europe—.that the American Government was 'negociating with the Provisional Government of Greece for the possession of a maritime station in the Nlediterranean;—for a consideration the most likely to be accepted in that as in most other cases—the advance of a round sum.—The obser vations upon the transactions which have taken place in the Peninsula of Spain, and Portugal, and their extrinsic bearings, are marked by just ness, ITlOdeXatioll, and a tone of truth, which blind bigotry—or, what is still worse, the bare faced hypc-risy of the day alone will deny. [BRITISH' PRESS.] • The Report of the Norfolk County Meeting, which we have employed our best efforts to pro cure in time for this day's publication, will be read with considerable interest. Cobbett's Petition for reducing the national debt,and for suspending for the space of one year all distress for rent or tithes, was carried by a considerable majority.— We regret to say ) that Mr. Wodehouse, by his exaggerated statement of the injurious, effects of Mr. Peal's Bill, contributed to mislead the peo. ple, and to produce this discreditable result.— The change in the value of the currency has not produced the agricultural distress which we all deplore, and which such proceedings as those which occurred at the Norfolk Meeting cannot tend to remove. When Mr. Wodehouse, the Member for the County, came forward as the advocate of the absurdities which Cobbett has beeti so long industriously labouring to dif fufe, it is less to be wondered at, but not less to be .regretted, that his Petition for n hole sale robbery and confiscation should have be en carried. GOVERNORSHIP ,or THE HOUSE OF COR,REC- T lON.—At the Meeting of Magistrates on Thurs day, the claims of the several Candidates for the situation of the late Mr. ATKINs, in the House of Correction, were inquired into. The applications were numerous beyond all precedent, in consequence of a letter which appear(' in the Papers some days ago, de , icribing the appoint mut as peculiarly eligible for Officers on .Half pay ; there was a strong muoter of this class of Candidates 1 ---2 Post Captains, 3 Commanders, 1 Lieut.-Colonel of the Army, and Subalterns out of number. An old Post Capt. who commanded a 74 for several years, having stated that he was married, was asked, if ho thought his wife qua lified to attend to the female department of the Prison. lle immediately drew.himseif up %Oak a :otitemptuous air, and marched out of the room. A 'Lieutenant of the Navy said, that he had been for some months paying his addresses to the daughter of the gaoler at Bury ; and (rein his constant visits to the prison during his courtship, and the facility he had of getting infdrmation on prison, discipline, he thought he had a well grounded 'claim.----(3forning Post.) Tiu ADVENTURES OP A CAT.--A TRUE STOLL y. —Two elderly ladies, who for many years re sided in Leeds, had a favourite cat which was brou&ht up by them from a kitten. One of the ladies dying in September last, the other shortly after shut up her house at Leeds, and came to re side at Cowley, in the parish of Ccclestield, about six miles from this town. She brought the cat with her in a small hamper, which was placed under the seat of the carriage. The cat remained at her new residence very quietly for nearly two months, when a servant one day beat her for some fault.- On, this affront she ran away, and in a few days afterwards was seen at Leeds, by a neigh bour, sitting and watching at the kitchen door of the house ;ately occupied lv her mistress. There she remained three days without intermission.— On the evening of the third day she came into the neighboui' , . house, who fed her ,and left her in the kitchen all night. There the servant found her the following morning, but on opening the kitchen door the cat ran out, and in a few days afterwards returned to her mistress's habi tation in a most deplorable state, being almost reduced to a skeleton, and so feeble for several days that she could scarcely take any food. One eye appeared much inflamed, as if from cold, and since then she has utterly lost the sight of it. She is now living, and evinces her attach ment to her mistress by sitting daily at her side. The cat wait absent about ten days. The' dis tance from Cowley to Leeds, through Barnsley and Wakefield, is twenty-eight miles.—(Sheifield Iris.) House ROBBERY.—During the absence of Capt. SMI Tit from home in Artillery-place, Sloane street, on Thursday night, a villain obtained ad mittance in consequence of the maid servant sup posing that it was her master who had knocked at the door, and succeeded in robbing the parlour of various articles to a very considerable amount. SUICIDE.—A Coroner's Inquest was yesterday held in kVhitechapel-road, on the body of Capt. Roacwr LAwsoN, who, in a state of mental dis order, eut his throat, first with a pen-knife and afterwards with a razor.—Verdict," Insanity." A sea-gull was on Thursday seen about mid day skimming for some time the surface of the Thames at Waterloo Bridge. This, according to seamen, may be considered as a token of very stormy weather. FOR THE SUN. GRAMMATICAL ERROR. Mtl EDITOII,—JOHN hi his last Num. bet, has the following paragraph; and as he prides himself on his critical correctness andiaste, I subjoin 'a grammatical illustration for the im provement of himself and of readers in general. PRI6C IA N, Jun. " WE had intended to have resumed, in this number, our notice of the outrage committed in the Dublin Theatre last week, and -it would have been our effort to have explained, to the best a our ability, the precise meaning of the word CON CILIATION,' in its general acceptation, touching the Irish Roman Catholics, and, if possible, to have kined the extent and liming of - the gracious command left by HIS MAJESTY, on his departure from the sister kingdom." (Joint BULL.) There is nothing more common in discourse, and even in studied written diction, than an im proper use of the past tense of the Infinitive Mood after the imperfect past tense of the In dicative.—" I thought to have called on you— I intended to have dined with you, &c." thought or . 1 intended, referring here simply, to something prospective or future, will not admit of a previous designation. Purpose and retro spection are contrary ideas, and to say 1 was purposing, or intending to have, already done, something, is nonsense ; but when a subsequent state or condition is expressed or implied, this mode of expression becomes proper, as A. " You promised to meet me last Wethiesday." 13. " Yes, but I then expected to have finished my business, and so to be at leisure to meet you." The simple infinitive coMprehends absolutely, or without circumstance, the sense of the speaker ; as, " I intended to see the Doctor"—" to wait on the General ;" but, " I intended to have seen the Doctor, to have waited on the General," implies a consequent sense ; asp 46 I intended to have seen the Doctor (and to be, then, following his advice), " I intended to have waited on the Ge neral (and to he, then, apprised of his purposes)." Nay, the past perfect infinitive will, sometimes, with a conjunction, admit of the reduplication, as, 44 I intended to have looked into Blackstone, to have consulted a Lawyer, and to have advised Thomas on the subject," (previously to his de termination.) Ilere the condition of the infini tive verb., though future in respect to the leading part of the sentence, I intended, is pryvious or past with regard to the determination or advising Thomas ; but wherever a consequent sense like this is not implied, the prwter tense of the infini tive mood is impertinent and false. 1 t is the same with the passive voice, " The Doctor was to be consulted ;"•---" Thti General ,wes to be waited upon by me ;" not " The Doctor was to have been consulted ;"_" The General was to have been waited epon by me." CITY, FRIDAY EVENING. Mr. WivricO,A, the Colombian Minister, landed at Falmouth on 'Wednesday, from the Jamaica packet, and he will be in town to-morrow. His arrival will doubtless clear up sonic points, respecting which the holders of Colombian Stock naturally feel anxious. No expresses arrived this morning from Paris ; but the letters would have been dated on New Year's Day, and the want of them is of little consequence, because it is a very close holiday in i•'ranee, and no public business would be transacted. In the English Funds this day very little business was done, and they continue to be rather inanimate. A new account was opened for the end of February, and the continuation on it is only pe, cent: which does not strew any strong anticipation a improved prices.. For the soleMent this month. Consols opened at 8O sellers, and cloud at OO buyers. In the Foreign l',tarket no great business was done. A few of the Brokers went to the Decoy for wild fowl, but the great proportion of them remained on the Royal Exchange.. Mer chants who dolt little in Stocks, and .all the Contractors prefer an open market, and there will be a great struggle to continue the business where it is, otherwise it will Ire more advan tageous to hand it over at once to , the Gentlemen of the Stock Exchange, whose superior practice will render them better agents, if the business is to be confined within sub- Scription walls. There was considerable 'fluctuation 'in Co. lombian Bonds, which at one time reached seventy-two, but soon declined to 611, and finally closed at. 67. The Santa Fe ! do Bogota Gazette or the 22d of October, made - severe refiec. dons on. M. Zea, for not replying AO the: official letters which had been written to him, and adds, that all the Colombian Agents had been withdrawp from Europe, &e., The. Gazette, k however, contains nothing inimical to the Loan, but on the contrary, for it acknolledges the powers of M. Zea, and corn. 1 plains only of want of information. The supply of all kinds of grain in Markaane are short this day, and as thfrost is rapidly disappearing, the millers pur citake Wheat atan advanced' of Is. to 29. a quarter on the finest qualities. Large arrivals may, however, soon be expected. Both Barley and Oats are heavy sale, and do not offer any indications of improvement. Extended consumption is the chief source from whence Agricultural Distress can be best relieved. Since Monday about two thousatid five hundred hogsheads of Sugars have been sold for home use; and prices are fully as dear, and the market firmer. There is a demand front Antwerp and Amsterdam for Foreign sugars, and considerable pur chases have been Made at en advance of 3s. per cwt. A farther advance is anticipated when the Haniburgh orders come into the tparket.• The limits at present are too low, but it is ex pected that they will be extended. Bums continue . very un saleable, thereby proving that their consumption has nothing in common with that of British Spirits. Very little 'minks is doing in Baltic produce. The Bears in Tallow have made a faint movement, by which the price hes been reduced to 375. 6d. The General, however of the other party is on the watch, and it is expected that his operations svill tell *hen the fit tune arrives for' exertion. The game is very interesting, and the public consumption is little altered by the op . erations on either side. When the whole quantity, how ever, is brought actually into the market, both soap and candles are likely to reap the advantages of it.—(MOrning C 1 rrr~iicle.) Thursday evening, the 26th ult. Mr. HEN NESSY, of Nicholas-land,, Limerick, was stabbed near the groin by a soldier of the 42d regiment, of which wound he died a few minutes after. A dispute had arisen in a public-house between some of the soldiers and a party of boys, who afterwards attacked them in the street with stones. The deceased, whose shop was oppo site the barracks, went out and was knocked down, when he received the mortal wound. A Coroner's Inquest was held on the body on Sa turday last, when the Jury returned the follow ing verdict ; We find that JOIIN HENN sikr cameby his death in consequence of wounds in- Ilicted on him on the 26th of December ' by three soldiers, who retired into the Castle Barracks after the perpetration of the deed." REDUCTION OF THE PRICE OF SALT. AIANsioN-liousr.,,-The Act passed in the last Session for taking off the tax of 133..4 bushetupon salt .will commence on Monday next, and as the present price of the article is 20s. the bushel, it would be reduced to 7s. by the cessation of the tax. By law, the Loan . MAT OR and Court of Aldermen are empowered to 'ix the „maxanuns 'price at which salt may beliold in the city; and any one selling at a higher rate than that ordered by the Court, or refusing to sell at that price, is liable to a penalty of 201. Yeiterday a Committee of the retail dealers in salt, at the head of whom was Mr. HurcOmbe, waited upon the Lord Mayor at the Mansion. house, and represented that it was highly necessary, as the operation of the act would commence on Monday, that a re gulation of the prices should be publicly made, that uoticemight be given of the all eration of the price, and ccinfusion amongst the trade prevented. The cessation of the tax would reduce the price of the article 135., and leave the maximum at is. ; but they recommended that another shilling should, under existing circumstances, be taken from the selling price, which would make a reduction of 14s. the bushel, and leave the twain:um at os. the bushel. The LOUD MAYOR with great plea sure acceded to the request of the. Committee,. and signed a re duced scale of prices, at which he ordered that all salt should be sold in the metropolis after this week, under a penalty of 20/. The formal sanction of the Court of Aldermen will be ob tained on the next Court day. The Committee, after having given directions that the scale of prices ordere d by the Lord Mayor sould be advertised in the public papers, returned thanks to his Lordship for the manner in which he had received them, and left the Alansion House. The following is the list of prices : The Bushel, from £1 0 0 to six shillings. Half ditto, 010 0 to three Ailing% Peck, 0 5 0 to one shilling and sixpence. Half ditto, - 0 '2 6 to nine-pence. Quarter ditto, -0 1 3to fourpence-halfpenny. Two pounds, . 0 0 it to three-pence. Half-quarter peck, 0 0 74 to twopence-halfpenny. One pound, - 0 0 4 to three halfpence. Half a pound, -0021 to three farthings. Quarterof apound, 0 0 14 to one halfpenny. THE HOUSELESS POOR. The Managing Committee of the Houseless Poor Society has thought proper to apply the surplus sures col lected last winter in fitting u p . an extensive building, whi c h was formerly a distillery, and is situated in Honduras -street, Old street, St. Luke's, for the nightly admission of outcasts. These premises were intended to have been opened in the winter of last year, but the mildness of the season induced the Cam mittee to wave their project. They are now fitted up for the comfort of the applicants. On the ground floor there is a ward about 200 feet long and 40 wide; on each side, 7 feet from the wall, is a partition of wood a foot high, inside of which is strewed an . immense quantity of straw, on which the appli cants repose. At each end of the apartment is a fire of prodi . gious size, inclosed with u circular grating: In the centre are several finis burners, and at the end is the committ ee - r o om , where the paupers are examined before they are allowed to take refuge. This ward is for the repeption of males only, and will contain , between 390 and M. .There is another ward, of ample dimensions,' aboVe . stairs" fitted up in a similar man ner for fem a l e s. Th e applicants are admitted at six o'clock every evening, when they are presented with a huge piece of bread only, and are turned out at eight o'clock next morning viith the same allowance. The receptacle opened on Wednesday night, when only three made application, andwere admitted ; ,and the next night eleven were admitted. The vihele is under the . superintendence of llr. Jas. Hanley, who resides on the premises. Theleceptaele for sailors only, at Pickard's Brewery in Wapping, was also opened. an Wednesday night, on the same principle as the one in Honduras -street, 14011.1) ItO BEIVIMANNF:RS. The town of Melton Mowbray was thr * own into the greatest alarm on Friday last (nth ult.) by a report that Lord ROLIERT MANNERS %V as drowned. This arose from a messenger's gallopping through the. town with a lette r fl-om a medical attendant, to inform Mr. NORMAN (with whom the Dueliess-Dowager of Rummel) and Lord CHAS. MANNERS then were) that Lord ROBERT had sunk through the ire on Welby Fish-pond ; that he had been lung immersed in water, but was conveyed to a house, and was doing well. It seems that his Lordship, with Mr. RICHARD and Mr. JAMES NOR MAN, went to this pond (distant about 3 miles from Melton) to skaite .1 . on rapidly sweeping by some ash -trees, be was suddenly plUnged into a very deep water. Lord ItoBERT MANNERS is a strong Muscular man, and, with the confidence of a good swineer, he made several attempts to pin the sarface of the ice, but unfortunately it only broke,to sink him in each effort ; he then extendial wide his anus to keep himself up. The gentlemen, his companions in shafting, much too youn g t o ren der any assistance, were approaching him, and one was about to throw the end of his handkerchief, .but his Lordship desired them not to come near him. Mr. Riditann Non MAN then pulled offhis'skates, and ran to a house a quarter of a mile off —where, although the house (bein g occupied by ' two widow women) seldom has a man about it, he most providentially found a number of visitors, able young men and women ; they all instantly rushed forth,—bet the mistress of the hotisetilled out,' be sure and take every thing necessary with you—don't have to come back again —take a ladder, a rope, and the well drag." One'person ran down to Lord ROBERT, to encourage him to hold up, with the .information that help was at hand. His Lordship shook his head, saying, it's too bite." Instantly, however, the ladder was brought and pass. ed to him ; he grasped . it, and by one last effort sprung up and was dragged out. Too feeble to walk, he was conveyed to the house, stripped, and put into bed. A messenger was Immediately sent for -medical aid, which he accidentally met within half a mile. To the medical attendant much danger still presented itself, the Noble Lord having been long in the water and afterwards exposed to very. cold air ; his Lordship's countenance had become black, his body was all over cold and damp; with feeble circulation, he was labouring most alarmingly for breath, and at timai was hopelessly distressed ; but means were promptly determined on, .and by the a ff r i g h te d num b ers around all orders were instantly observed. After aboutu quarter of an hour, the respiration becam e rev i ve d ; an d i n a b out an hour his Lordship began to breathe f re ely, so t h at h e cou ld converse. Soon after, tJord CHARLES MANNERS arrived.-- It was yet thought better not to remove the patient ; hut the bed being wet and uncomfortable, it was determined to get , him up and try his strength, and to make the bed. His Lord', ship had been up but a short time before he felt hithself ex hausted, and threw himself on the bed : there happily he soon regained his. former strength. It was finally agreed that his Lordship should have a couch made in the Duchess's coach, then in waiting, and be conveyed to Molton. This he bore as well as could be expected. lie has since spit up blood from the obstructed state of the lungs, but by bleeding and other means he is, we areliappy to add, doing very well. We n ee d not say into what dreadful mental suffering the noble and ho noured families connected with his Lordship were thrown on the first account, nor what happiness is now diffused by his safety : their feelings are best estimated by the grateful atten tion anti moat munificent reward bestowed On all those who were engaged in the rescue. Lord ROBERT Maximus has presented 601. to the mistress of the house from which assist. ance was rendered, and 10/. each to five other persons who were instrumental in extricating him from the water.-4 *am ford Mercury.) COURSE. OF. EXCHANGE, January 3. Atustes dant Ditto, at Sight Rotterdam l2 5 Antwerp l2 5 Hantburgh , 37 8 t Us Mtona Paris, 3 Day's signt 2l 65 0 Us. Ditto Rom dean*, ditto Frank (orlon the Main Madrid Cadiz Ililboa .. 361 Effective Dam:lona ..* Seville Gibraltar Leghorn • . • Gm 4 o m ..........43 V en ice, Ital. Lir. 27 50 Malta 45 -ISaisitts 39 Pafermo Lisbon ' Oporto Ria.latteiro Dnblia .... 9/ Cork 91 pet Cent. ' BULLION. Portugal Gold, in Coin L.O p G per Oz. Foreign Gold, in Bale - s J 7 6 New Doubloons ... . ~...... 0 0 0 New Dollars Silver n Bars, Standard 0 4 111 LAW INTELLIGENCE. COURT OF KING'S BENCH, JAN. 5 EBSWORTH AND OTHERS, ASSTONEES, v. PELLATT AND ANOTHER. was an action of trover brought by the assignee of Means This . Tippetts and Gretbam, bankrupts, to recover 4691.111. the 'alleged value of wool bought by the defendants of the bank. ruptesda an act of bankruptcy. :rhtt pct of bankruptcy prior to the transfer was clearly prov ed .1.. and eonsetruendy such transfer was admitted to be void. The SOLICITOR-GENERAL then proposed to reduce the dam ages, by proving that the wool was sold on the day of the er to Messrs. Nicholsons, most respectable wool-factors in Basinghall-street, , for 2321. 2s. lid., and could therefore have been worth no more. Proof was given of the sale of wool at the time for this sum, but the evidence , of identity with that in question was pot con. auk. 'The LORD CHIEF JUSTICE left the Jury to say, on this evidence, whit they thought a fair price for the wool. • They found a verdict for the platiniffs-- ; Darriages, 2521. 2s. ild. WATERHOUSE AND OTHERS v. TEEN AND oTii.Ens• This was an action against the trustees of- a tumpike.road in the neighbourhood of Nottingham, to recover back monies improperly demanded by them, and paid under compulsion , The plaintiffs were the owners of a stage.to,ach called the Birmingham. .Balloon, which passed , every day through a turnpike called Ryton-gate, between six and seven in the morning, and returned with another set of horses in .the eve' ing. By the Local Act, 10 Geo; 111. continued by subse quent provisions, it was enacted; that no carriage; horses, or beasts, which had . once paid the toll, should be subjeet,p payment of toll for passing at any , subsequent period of thr but in March,lBl9, the`trustees insisted on payment of the return of the coach' in the evening, on the ground that drawn by different horses it was not within the exception statute, The coachman accordingly paid, for a week, the. , sum of thtee shillings ; but afterwards, for th e sake of ccitrit ence, paid the weekly sum of one guinea, by directiop,Of employers. The present acti on was now brought to ret. 171. Is. 6d., the money so paid, which it was alleged this tees had no right to insist on. The SOLICITOR-GENERAL, for the trustees, first, that the action ought to have been brought in the county the cause of action arose, because a clause in the act direct that the trial of all actions for any thing done in, execution of provisions, shouldbe thus restricted. Be also contetdect thct t t under the same clause,,the defendants were entitled to pc of action. The LORD CHIEF JUSTICE thought this ; clause only plied to torts, and not to actions founded on contract. The (:)I.lcrron-GEstnn,tie then submitted that no sufficient proof that the payment was compulsory; ther evidence was adduced to show that the 'trustees • when they received the money, that the demand would be sisted, and the objectio n fell to the ground. No opinion was given on the main point in dispute, the construction of the act; but a verdict was taken for plaintiff for 17/. 165., subject to the opinion of the Court special case. POLAND AND ANOTHER V. GLYN,DART. AND O This was an action by the assignees. of Mr. Al: bankrupt, to reawer 281. 14s. fit. paid by him to thi darns, who are bankers in the city, in contemplation ruptcy, and to the injury, of his other creditors. The was made before the act of bankruptcy, on which the eon was founded ; but it was alleged that at On: the bankrupt was under apprehension of bankruptcy, he was not so pressed for the money by the defend:- render its payment legal. It appeased that the bankrupt. in embarrassed circumstances, and had been advised that could only extricate himself from his difficulties by a 'don, but he did not himself positively think that sucl sure must be adopted. He had received a note bankers, requesting to know what would be done in but holding out no threat whatever. He said he pal because he thought he ought, in honour, to givt the' ference. The LORD CHIEF JUSTICE explained to the Jury. point of law any payment made by a bankrupt In the east of trade, or under the pressure of a creditor, ' act of bankruptcy was valid ; but that if he voluntari, contemplating bankruptcy, paid an individual cred assignees might recover the money by action, for th of the estate. Ile left the jury to say whether this had been made in expectation of bankruptcy, and w' had been induced by any threat of the defendants. The Jury sound a verdict for .the plaintiti's—DaT 14s. 6d. even in the n the even 4 by bubo- !, horses ' or ibject tetha' I of the day; tt of tolLon , I that being option of the o h , the daily of convehi- xtion,of his . t to 'reCOVer ed the troi. irst objected • our.ty where., act directed , ! rution,of itaL' tended. that, ed to notiet:; use only V' • I :t. At there was ry ; but la- -Ist co knew would be r:. ispute, as to ,ken fat th e Court 0 11 OTHERS . Maisinea , 1 the dolt ion of bank' he payme.n t the cunittits: this p ol %' l cy, and o, l ' l tutanti as inkrupt Ned that • y conun is such a 1 03 " te frotal!' i in his e.paid them them a pie . 6 1 tarily. 4. his payp l "~ .11 tage6 j ;S. al plal~ w Cr , ved tha t' . Sussex a. She runs p muse artr; t cor et, at 0 .4 shop and lc chari' f s, that the l; ! Inane SURREY WINTER ASSIZES. KINGSTON, JAW. 3. Elizabeth Webb, a girl about 16 years of age, was for uttering, on the 26 t h o f S eptem b er ; at Croydon, 11., note, to Elizabeth Gray, with intent to defraud Las lunar and Muggeritife, bankers, of Brighton. To prove the prisoners guilty knowledge, several were called for the purpose of s howing, that in the e` the 26th of September she uttered six or seven forged and Stissex 11. notes, to as many different tradesinen in of Croydon. In these transactions she was accompar elderly female, and it appeared that they had Come to in a cart, accompanied by two men. Mary Allen, landlady of the Bull and Dog, proved prisoner uttered to her a. One-pound Brighton and Sr in payment of a glass of gin, and received. the change., wards discovered that the note was a forgery.. Elizabeh Gray, who. keeps the Bricklayers' Arno hciiise, proved that the prisoner bought at her hotise saincevening,,half a pint of gin, and paid for it in a . 7 and Sussex note. • John Paine shop roan to 111 r. Batte rs by, a groce r, don, proved that the prisoner bought at his mater's the same evening, a quarter of a' pound of Bs. tea , an( it in all. Brighton and Suss e x note, an d received the John Fulcher; a grocer at Croydon, also proved that soner bought a pound of sugar at his shop on the 5 011 .' ins, and paid for it in another forged note of the Brighton Sussex Bank. .Mary Pe Withers, Catherine Musgrove, and Ann CoPPI proved three oth er utterings by the prisoner, u nder narly "t or circumstances, at Croydon, all within an hour in tlie ' 1 " evening: go Two of the not es trace d to the prisoner were sworn 11 Aluggeridge to be forgeries. 0 1 The Prisoner, who wits in tears all the time of her tri , ;: o et , nothing in her defence, and called no witnesses. T"`", with whom the -pritioner had been seen, were apprehende!l,o l some of the articles purchased by the prisoner were fount' " thein, but they were not broight to trial. es 4„inti The Jury, under the Learned Judge's directions, w- - prisoner Guilty— Dedtli.• BIRTHS. At 13tulminton, the seat of . hex fath er , the Duke of BO Lady Elizabeth O'Brien, of a son and heir. On the Slat of December last, the Lady of John 1311 Rooper, Esq, of Woodbury Hall, Cambridgeshire , daughter. MA BRIE D. On the Ist !nit:, at Astbury, in Cheshire, John Currie: 4 1 Esq., of Essendon, H er tf or d s hi re , to Elizabeth Anne, PI • daughter of N. M. Pattison, Esq.', of Congletom 'On IVednesday last, the Ist inst., at Orr, in GloucesLd the Rev. C. P. N. Wilton, to 'Miss Plaistowe, of street, Pall-Mall. On Thursday, the 2d inst., at Marylebone Church , A O', Bryant, Judge-Advo c at e -G enera l of Bengal, to Ma r io, eldest daughter of the late H enr y Ch urc hill, Esq., of . ter-place;—and at the s a m e ti me , M a j or J o h n CralP t 'sie: puty-Secretary to the Bengal Government, to Emily, her, On the Ist inst., tit Warnford Ilants, Iletir. L.A 3 sham, second son of R o b ert Th ornton H eys h am , Hinton-house, Hants, to Esther, second daughter 0 ' Nunez, Esq., of Belmont-park,: in the same county- DIED. 1 11 On Thursday evening in Lower Grosvenor-street '4O 87th year, Mrs. Ilantner Watson , of Hanmer Hall, ll in ipt" relict of the late John Watson, F.'sq. and previously 01 0' phry Hamner, Esq. of Hamner Hall, which now 'dot , Sir Thomas Hamner, Bart. . On the Ist instant, in Sloane-street, Patrick «'ilk.e, tt late his Majesty's Consul at Carthagena, in the 80 r his age. On Wednesday last,. at his houSe, at Clapton; af ter . l l,l ) ; s , , days illness,la the btlth year of his age, S. PM, KN. Yesterday morning, at her house, in Ilulstrode-stye e Elizabeth Turneri tho 77th year of hex age. f - 4*u • On the Ist inst. aged 64, Sir John Everitt, b n t . 0 street. On the 29th of December, Alexander Matheson, 3L C. Cameron, Esq., - of Baker-street, Portman-square. , On the 29th of December, a t Preston, in the countl . .&P" Caster. aged 16 months, Walter Arden, son of, Walt • Fell, Esq., of that place, Barrister at Law. 11 th Printed and Published' for the PROPRIETORS, At C, MCC, No. 112, Strand. by J. B. CansTsinN4 •