The Sun. — London, England, 1823-12-17 00:00:00

PARIS PAPERS. (From the Moniteur of Sunday, Dec. 14.) NOTHING OFFICIAL—NON-OFFICIAL PART. conformity with the law of the 10th of - March, 1816, the soldiers whose time of service is completed, being to be discharged in time of peace on the 31st Decemlser in each year, the subalterns and privates of the class of 1817, as well as the others whose time of active service expires on the 31st of Dec. 1823, are to be dish charged from the corps of the army both RjAd me and abroad., The Minister of h as g i ven 'rders to commence this opsai wn on t h e c 2 oth, SO That it will end on tiot i .:ri st . The Acatoi s ri'gr t h e Fine Arts of the Insti tute of , in i ts ~sitt ing mime, ll4 nattog to-day, has elected Rossini, the Inusiciart, and Thorwaldsen, the statuary, Foreign Corresponding Members. (The Moniteui- is almost entirely occupied with articles relative to the f)tes given by the City of Paris, with regulations of the police to prevent confusion, and lastly, with the conclusion of the trial of Lecouffe and his mother, who are ondemned to death.) (Prone the Ei'ile (j* Sunday.) MADRID, DEE. 7. 7 —The following Order by the Ministtr'of Finance, dated the 17th of No vember last, has just been published by the Journals of this capital " I have laid before the King the dispatch of The Governor of San Lacer do Barrameda, in which it is set forth that the Vice-Consuls and Agents of the Allied Powers have remon, strata, against the tax of 20 teals per ton; assessed by the pre ceding Government upon foreign ships, and who demand that this tonnage duty may be' reduced'to areal, as it was before the 7th of March, 1820.. fl is' Majesty (informed that the order •of the 18th of May, VIM, which ordains the payment of the 'said duty of 20 reals, has been modified by that of the 10th of May, 1817, following the advice of the Director-General of the Revenue), has decided that French ships which arrive in the ports of Spain shall only pay the same tonnage duties which Spanish ships pay in the ports of France conformably to the enactments of the said Royal Order of the 10th of May, 1817." FRANKFORT, DEC. the 23d Sitting of the Germanic Diet held here on the 27th M. the Baron tie Munch-Bellingliauseti, Minister of Austria, President of the Assembly, commu nicated to the Diet that M. the Baron do Wan-, genheim, the Minister of Wortemburgh, has not i .-fted to him his recall. The King of Wurtem burgh appears decided not to nominate any Mi nister to the Germanic Diet until the diplomatic relations with the other Courts of Germany be reestablished on their ancient footing, anyv their Ministers reside at Stntgttrd. [Prom the ,'toile of Monday, Dec. 15.] •• • PARTS, DEC. 14.—M, de Saldnilha, C-nnnt of Porto Santo, Ambassador of Portugal Spain, is appointed Minister of the Marine , f end Colonies by his Most Faithful Majesty. .. Marshal Nloncey arrived at teerpignitti tin the :sth, at six in the evening ;,*hP "entered by the .gate of Notre Dame. troops which arrived on the 6th entered by tl'le gate of Spin, unttPas sad under the triumpHal arch. Count GuillemityM "rived at BaYen'w on the 7th, ;And set oukfl ur 'Paris on the Bth in tl,e even- •ing. i t may b p /remembered that . a sedition 'broke nut some time ago among some pupils of the M ar i nf .4' at Angouleme. His Royal Highness at that plate on the 28th Nov. Ile sent for tle 6 and calling out the most riotouqproba /bly the one who had been pointed out as such), instead of assuming a tone of severity, he took him by the hand, and spoke to him with Solnuch mildness and. kindness, that the youth burst lute tears, - fell at his feet, overcome with grief and repentance. Several Spaniards have written to time Memo rig/ nordclais, requesting it to state, 1. That Don Victor San has not been exiled, being re• placed ht the office of President of the Council at his own request. 1. That asThOhad no Bisho. pric, hut was Canon of Toledo, he could not .he exiled to his Bishopric of Tortosu. 3. That the King is too just to punish an Ecclesiastic distin guished for his loyalty and great know ledge. (From'the Consiitritionnel.) . Nlll3, DEG.I4.--eSpain contains a quarrelling family, and every thing there must be re-organized. The execution of the fetes has never been in that country either rapid or comPlete.-- The Government may decree, indeed, whet it pleases, hut who is there to execute it in that uncivilized country ? Who can furnish money, the sinews of peace as well as war ? Who will pay to the Spanish Treasury, the sum of 100 millions for neveral yeara ? Ircannot do without 200 millions a year. The debt alone absorbs 00 millions. The time of a restoration is the moment of greatest want, it is the otaiimttm of expendi tura, and Spain is at the' minimum of its resources. The Ile gincy had no other resources titan the Custom-house duties levied at Madrid, 'and it lived like Cardinal Lomenie, in MIA, who could only command the oar(); of Paris. 'The present Government will beta long time before it acquires -a "regular and certain 'revenue . ; it will be quite useless to reckon on arrears of taxes--.what is consumed can ro 'longer, be enjoyed. It is es, rdent, therefore, first, that Spain cannot maintain Us political existence, but by a constant series of loans destined succesaively one to pay off the other, and each lending to lower the value of all; second, that the resources to be found in the ;sale of the land of superfluous convents, are" purely chimerietd, Who will bey them? The Nobles? They peesese land, and have no money; they have suffered by the revolution, and are strangers - to this species of acquisition. -The people? They have just been contending against these Balm The middle clam ? 'They have just been beaten for having caused them to he put up to sale. Foreign speculators ? How many of thent will hazard their property amp their persons in such an uncivilized country. Besides, it not this lend under the management of propri7tors who have just given a proof of their dominion over a population who arc to be the bidder,' for this property t Spain le placed in the midst of itepeeleibililics. This country, as well as Portugal, is destined to read the world a great moral lealon, as to the fate of those stations reho do not keep pace with the civilization of their times. Portugal has made a loan, on which it at present lives but it will loon be exhausted, anti we shall soon hear of another loan. Loan will thus follow loan, n the credit, resources, and means of the GoWernment of Portugal are entirely imitate tea. This, and nothing bet this, will be the fate of both .Countriee till they are . civilised, like rrance and like Eng:4ad. ibunv.t.nroc, Dr.c. B.—(Extract of a private Letter.)— Tbe Commis...ion of Inquiry at Mayence has received 3 new office. It is ordered to collect information relative to every kind of newspaper and periodical work published in the whole extent of the German Confederation, and to make on this matter a report as soon as possible to the German Diet. (From Pis Courier Francais.) r • Sate It NA, OCT. 20.—We hear from Atb9l.l- , now defended by 2,000 Greeks. Apotti gates ~6.at that city is have been walled up except that which is cles,l l , d ie c i ta d e l ; new batteries have been erected, and glikiiireeks are full of confidence, We barn from th.o„Adrea that Constantine Botzaris, the brother .o f ?krLAB who was killed, has attacked the 16,000 Turks who had advanced to Alissolonghi. Before commencing he was joined by Cariaskiski, from Romelia, who commanded a corps of ' eight hundred Suliots. This second battle was not fol lowed by any definitive results, but it proves that the Greeks do not limit themselves to acting on the defensive be hind the walls of Alissolonghi, but go forth with ardour to seek the enemy. The island of Egina is defended by two Greek vessels, both of which are commanded by women..* According to the latest letters from Ipsara the Greek corn. bined fleet entered that harbour to procure water, and is to go • agnin to sea. The Greeks say they only lost two fire ships near Itiotint Athos, and they blew up before reaching the Turkish vessels. PARIS, DEC. 14.—The Oracle de Braxelles contradicts, on the faith of the Gazette &Amsterdam, the details it recently published, of a sentinel having killed an inhabitant by stab bing bitiiwitlyn bayonet on Dec. 2, and of the people having killed the sentinel. The following is the contradiction of the Dutch Journalist :—" It is,Pleaant to us to deny the truth of this news, which is plainly invented, and to be able to assert that nothing of the kind passed at Amsterdam." It appears to us, however, that the very circumstantial details given on this subject by all the journals of Belgium on so serious an occurrence, deserve to be denied and refuted in a more explicit manner. ILLNESS OF VICTOR EMANUEL ELKIY4O OF SARDINIA. [From the Piedmontese Gazetk of the ,4th inst.] TITHIN, DEC. 4.—Though the health 9 ,f4 his Majesty, King Victor Emanuel, has been for some tini,P4 variable, there was no symptom of any serious illness, until pine 2d of this month, when his Majesty was suddenly attacker' , by a violent fever, accom panied with great didiculty o f).)reathing : all that art could ad minister was immediately avpplied : but his Majesty not feeling any sensible re li e f, expre ..sed a desire to take the sacrament, which was administered to/vnira with the accustomed solemnity by the Archbishop. About one o'clock in the afternoon, the disorder having increasAd, the pious Prince desired to receive, the same even i ng ii, s,,six o'clock, the viaticum, and two hours after, ex treme tiEnction. TJ4 fever continued to increase till two o'clock after mid. might, and then abated, giving some hopes of a favourable crisis. At four his Majesty was able to take some refreshment, and likewise to enjoy some repose at intervals. Yesterday morning her Majesty and the Duchess of Chablais went to . the Royal Palace of Moncalieri, and passed the greater part Of the day with the august patient, whom they left in rather less danger. The siteceding night did not, however, entirely fulfill the favourable hopes that were conceived in thel evening; the re spiration was more difficult, but this morning means have been adopted, with some success, to relieve it ; the fever also rather abated about six this morning. To-day at noon her Majesty and the Duchess of Chablais returned to Moncalieri. Prayers for three days were begun yesterday in the chapel of St. Sindone, anti.to-day, by order of the Magistrates in the church of Corpus Christi; and the Archbishop has ordered other public prayers for the preserva tion of the valuable life of his Majesty. We shall publish a daily supplement to our Gazette, con taining the latest accounts of his Majesty's health,-so long as his lamentable illness continues. Prom Me LONDON GAZETTE, Dec. 16. BANKRUPTCY ENLARGED. Chase Armstrong HoII, Worcester, printer, from Dec.l6 to Feb. 4. BANKRUPTCY SUPERSEDED. Llewellyn Watkins Williams, proprietor of the New Surrey Theatre. BANKRUPTS. - . Joseph Bailey, Liverpool, merchant, to surrender Jan. 5,0, 27, at the George Inn, Liverpool. Solicitors, Messrs. Lowe, Sou th ampton-build in gs, Chancery-lane. William Ferrer, Friday-street, Cheapside, victualler, Dec. 20, Jan. 3, 27, at the Bankrupts' Court, Basingliall-street..-- Solicitors, Messrs. Spence and Desborough, Sise-lane. I !Joseph liVagstaff, Worcester, saddler, Dec. 29, 30, Jan. 27, at the Rein Deer Inn, Worcester. Solicitors, Messrs. Cardale, Buxton, and Parlby, Gray's-inn. John Holbrook, Derby, grocer, Jan. 2,3, 27, at the King's Arms Tavern, Derby. Solicitor, Mr Wmgg, Ave Maria lane. John Spencer, Norwich, bombasin-manufacturer, Dec. 30, 31, Jan 27, at the Castle Inn, Norwich. Solicitors, Messrs. Taylor and Roscoe, King's Bench-walk, Temple. Robert Reeves, Stockport, shopkeeper, Dec. 24, 30, Jan. 27, at the Red Lion Inn,ficaton- Norris, Lancashire. Solici tors, Messrs. !AMC and Son, Southampton-buildings, Chan. cery-lanc. DIVIDENDS. Dec. 20, N. Ketcher, Bratlwell, Essex, shopkeeper—Jan. 10, T. Bates, Cushion-court, Old Broad-street, merchant— Jan. 9, J. liliddletturst, Blackburn, Lancashire, grocer—Jan. -10, J. Avison, Eaxthurn, Yorkshire, butter-factor—Jan. 20, J, and J. Silver and A. Boyson, Sine-lane, merchants—Jan. 9, J. Roper, Norwich, woollen-dealer—Jan. 10, J. Fraser, New-court, Swithin's-lane, merchant—Jan. 0, T. Wills, Portsmouth, grocer—Jan. 6 R. Harrison, Coleshill, 'War wickshire, tanner—Jan. 6, Hudson, Birchin-lane, merchant —Jan. 6, S. Humphries, Charlotte-street, Portland-place, merchant—Jan. 9, S. Roylance, Liverpool, merchant. CERTIFICATES, JAN. Thompson, Wolverhampton, draper—W. Herbert, Jun., Goldsmith-street, Wood-street, riband.manti the turer—.l. and J. Langton, Liverpool, rronniongers—W. nell, Colchester-street, Savage gardens, wine-merchant—G. New, I,eadenhall-street, silk-mAnufacturer— T. Starie, Ring. tk:rect, Seven Dials,' stove-grate-manufacturer—J. Ilemming, tipion, Oxfordshire, dealer—T. noose, Liverpool, baker—.E. Robertson, Frenchlhorn-yard, Dean-street, high Holborn ) coach-smith—T. Oreetharn, Liverpool, ship-chandler. PARTNERSHIPS DISSOLVED. J. Robson, T. Howarth, and A. Thomson, Manchester, so far as regards J. Robson—R. avid P. Appleton. and J. Plant, Manchester, so far as regards R. Appleton—J. Storr, jun. and T. Denison, jun., Smalley-Bite, Yorkshire, tnaltsteg—J. Evans, Jun., and W. Thomas, Portheven, Cornwall, millers — R. Bond, J. Godfrey, W. P. 11, White, W. Thorne, and J. Marsh, proprietors of the Devonshire Freeholder newspaper— W. 'Woodward and C. and J. Adams, Rainow, Cheshire, cotton-spinners—M. Hubert and W. Bowman, George-street, Spitaltields, sugar-refiners---T. E. and T. Tblswell, Manches ter—S. and 'l'.B. Tidswell, Manchester—D. Haigh, J. Mar shall, B. Thlswell, W. Haigh, J. E. Marshall, and T. E. Thiswill, Manchester—T. Darweli, J. Leigh, and J. Hall, Manchester--.. 1. and A. R. Poole, Newgate-street, wholesale stationers—W..J. Ileac! and 0. 1. Baker, Northampton-place, Kent-road, linen-drapers—C. Bray and P.Tatton, Little Queen street, Holborn, coach-makers—A. J. Lawrie, Robert-street, Adellshi, army-agents. Tunis, 1)t c. 4.—8) wtpress - from Mess'om of the lihh NoveMber, we have received the following maim. choiy intelligence :—" In the night of the 14th of this month a terrible storm of thunder and lightning, and very heavy rain, burst over this city. The water, which poured in torrents from the surrounding hills, entered the villages. overthrowing and laying waste whatever opposed its progress, destroying churches, mills, magazines, cottages, and flocks, and covering the fields and gardens with slush ' clay, and stones. Many of the inha bitanti were surprised and fell victims to this sudden calamity. The waters did not spare the city itself, but did very consider, able injury; the damage is estimated at t wo of ounces, and the number of dead bodies hitherto found is a hundred and thirty.nine." LAW INTELLIGENCE. CTZ s iIT OF CHANCERY, DECEMBER 16. lIIGHtiIATE CHARITY SCHOOL. THE ATTORNEY.OENERAL v. LORD MANSFIELD AND °TIMM. This was a bill filed by his Majesty's Attorney-General, as the relation of the Rev. Dr. Owen, and several of the most re. spectable inhabitants of Highgate, against the defendants, as trustees of Sir Roger Cholmondeley's Charity, calling upon them to declare how the funds of that Charity bad been ap propriated, and praying fir such relief as to the wisdom of the Court should seem fit. The history of the Charity was involved in considerable ob scurity. It appeared, however, that in the reign of Queen Elizabeth, Sir R. Cholmondelry, willing to confer upon the hamlet of Highgate and its vicinity 6 ' a great blessing," en dowed a certain Free Grammar School. At this time he was in possession of certain houses, one of which was called the Chapel, or Sneenum. This Chapel was part of the property of the Bishop of London, and, as the plaintiff's contended, held by him as Lord of the Manor of Ilornsey, which was tly, - ,, called !Jarringly; but this allegation was denied on the rifil°' the defendants. The Bishop on certain stipulations pee p °s " session of this property, and it was finally attache , the School. The bill stated, that certain conditions were " 11 1)"!cd wp m that the both upon the master and trustees, and char ,-atter connived at for mer had neglected to perform, and that the his neglect of these duties. The bill pr ed, that under an adhfully discharged order of that Court the duties should be of that Charity. Mr. Holm v., for the relators in ti -113 case, said, that there ho• in all the proceedini from was bet the one their earliest date, and that was Charity referred ,the e ,gs Free Grammar School.— • In the answer to their bill it,„.„eas said, that the present mode of education was most agre `able and advantageous to the in habitantseilt was admitted, too, that the Free Grammar School w of Highgate. 1 , now degraded into what was called a National School, w h e re 120 boys received their education from a competent Sex where they were instructed, not in the tee ln g liberal eilucatine which was implied in the terms of a "Free ee Grammar Sc) , ""'"" Th e L or eto CHANCELLOR--I take it that a " Free Gram mar Schel°ll means a school .where the. learned languages are taughte.; and I suppose they will needispute. so obvious a pro. • eon. The question in this case is, what the author of the pose. . celerity intended. The trustees had no right to thwart the will 'of the founder. Mr. Il otterE—Certainly not : The' founder directed that A, B, C, which was a hook edited by no less a personage than King Henry the Eighth, should therein be taught,— and also, that ass soon as the boys were ripe thereto, they should be taught Latin. The Similar): was then granted by the BiShop of London. This was granted to Sir Itoger upon the condition that he weuld convey them to Sir Willikm Hewitt for the purposes of the Charity—for the use `and benefit Of -the Free Grammar School. The schoolmaster was apPointed' in that character. In the year 1765 all the property was conveyed hy.Sie Roger Cholmondelcy to Sir 'Wil liam Hewitt anti the trustees, according .to the desire , of the Bishop of London. Such was the property—such the state of the grant in litigation. The first question to be asked was, whether this grant, this property, could be held, except for the " maintenance and sustentation" of- the school. If the gentle. men'on the other side %hewed in a single instance the nomina tion clergyman distinct from the appointment of. school master, then I will admit that they have some ground to stand upon ; but there is not the trace of such an appointment. It appear.: that soon after the execution of that conveyance, in 1571, Sir Roger Cholmondeley died, and certain Statutes were made by the Governors, to which he should pre sently have occasion to advert. But he should first mention that, in the 19th of Elizabeth, that Illustrious Personage found that. this. Sacellum, having become forfeited to the Crown, as the property of some Monk, she took it upon herself, stating that she had mistaken the title of it before; she granted it to a person named John Fermin, whether a successful courtier or not he (Mr. Horne) could not say, and 'Fermin bargained with a person named Puffin, one of the governors ; and Putrin in the 25th of Elizabeth having .obtained this property, nego. elated-with his brother trustees, and in this corporate capacity released this Sate/lent to them. From that period the property remained in the Trustees. .1 shall now call your Lordship's attention to the statutes and ordinance* to which I referred. They were passed on the 14th of December 1571, after the death of Sir Roger Cholmondeley, who, as it would seem died sud denly. • They stated the death ot Sir • Roger, the grant to him by letters patent, the names of the Governors, and then the laws were specified. In the first place, accordine to the will and intention of the late. Sir Roger, it was declared that a schoolmaster, a lit and proper person,. ehoeld he appointed, an honest and teemed schoolmaster, to tench the A. B. C. and . such useful learning, and that he should teach the Latin-grem mar to such of Alm scholars as were ripe thereto—that he must he it good and sober man, and not. a person of light. conversation; and that he shall take the reward. beyond that which was hereafter specified, The second regulation provided that the master should reed to the scholars the morn eng and evening service, as: by law appointed, in the Chapel aforesaid—that he should accept no cure elsewhere, nor read service in any other chapel. The third regulation guarded the property from any wilful Waste , and visited with punishment upon the mast:me - such as fines of three shillings and fourpence, for the felling a tree. There were other regulations as to the length of time that the icholmaster should be absent from school. • The Loath CHANcuLton—Suppose private individuals were placed in the trust of a Chapel of Base, would such trus tees—l ask for inforMation—would they be justified in ex ' tending that chapel according to the wants or wishes of an in creasing neighbourhood ? Mr. llowitit-LThat is a question they will find it difficult to answer on the other side. l'nere were other rules as to the con duct and duties of the schoolmaster, which lie would peculiarly recommend to the attention of the present respectable school master.—" Acknowledging God—l read the words of one of the laws—acknowledging God to be the author of all virtue and goodness, we do enjoin that every morning et seven o'clock the master read prayers to the boys, and that At their departure he again say prayers with them, the boys kneeling." The master Was allowed the sum of Aim-pence on the entrance of every boy; and this money was ordered _to be expended upon a library.— He was also allowed from the wood of Hornsey, of which the Bishop of London was Lord, eight loads of wood ; and it was finally commanded, that the master should himself endeavour continually to the perfecting in humane learning all the scholars entrusted to his care. And unless all this. was a dead letter, •he apprehended that the rules of the founder were to be observed ; or if there was any thing to cherge, it must be effected by a re gular scheme consistent with the will of the founder. It was not for him to state how such alterations were to be effected ; whether the Charity would afibra college exhibitions; all that would much more wisely . be, entrusted to his Lordship's deter mination. It was the business of the trustees to clear tip obscu rities as to the evidence of instruction ; but he should furnish his Lordship with the imperfect, but still the best . information he had obtained on the subject. It was in evidence—there were many living witnesses of the facteethat the Latin language had been taught in that school ; and if any of the gentlemen who had been educated in that sexed were then in Court, they would feel no displeasure in his saying, that it was perhaps to the edu cation they received there they owed their present elevation. Could it be contended on the other side, that under the judi. cious direction of the worthy Sexton they could ever have at tained such un education. But there was another circum stance of a most impoetant nature connected with the chapel, clearly proving that it was Merely entellintY to the school.— Until very recently the rooms, the bed-ch mbere of the scholars, were placed over this very chapel. . With all these consider ations, how could it be contended, even for a Moment, that the school was auxiliary to the chapel ? anti if not, bow greatly had the wish and intention of the founder been disappointed ! imputed no blame to the Clergyman who at present officiated at the chapel; on the contrary, he deserved well of the people of Highgate for the peremnance—the volun tary performance of spintention. -offices; bat they must not be performed to the exclusion of the founder's He had been instructed to state this case respectfully as it regarded the trustees; they had acted in error; but corrupt motive, he was perfectly satisfied, influenad no part of their conduct. • At the conclusion of Mr. Horne's argument the Lord Chan cellor rose, having first observed that he would hear Mr. We.. therell on the other side to-morrow—(this day.)' WURT or KING'S BENCH, Dm IC. COUNT POIITM.I3 G-EOIIOIEIIfI V. MELVILLE AND AN OTHER. This was an action of trover, to recover the value of fiVe Pros bonds-.--three for 1,0001. and two for 007. each —wrong. fully converted by the defendants to their own use. Th e 60 r, t it-ti n shortly stated the ease on behalf of the plainta lie was it well-known Prussian C oun t, to whom Messrs. - Agassiz and Co. were general egtnt s , - and had deposited the bonds in question for safe custody in their bands. They, in order to raise money, had pledged these bond* 'to the defendants, who, now that Agasslz and t.ki. had b ecome insolvent, refused to deliver them up to the plaintiff without payment of their advances. Now he apprehended the law on this subject to be, that a factor had no right to 'pledge the goods of his principals ; be might, indeed, Pledge bills or notes, which were negotiable securities and, on the ::t9mr,ebdjytrainpc:iltey, exchequer bills, to which the legislature intended to give free currency ; but he could not pledge India bonds, of reaeanting, bonds of the Prussian Governmeat.. i n ei , endertt however, of this point, which would apply even if the d e f en d_ ants received the bonds in full confidence that they were the / property of Messrs. Agassiz and Co., he expe circumstances, that they must have known tied to show by 7 - the contrary, and therefore ought never to have accepted. 1 . Mr. Arthur David Jervis Agassiz sta id, that his fine received for them, which was produced these bonds from the plaintiff tor saf ustody, and signed a re ceiptments had remained for some ta m / in their possession, they raised money on them, and having re, and read. After these docu ments eemed them, repeated the prac. rice, and about Dec. 1821, posited them with Mievelle and Co. on a similar occasion. hey allowed him to cut olio small part of each bond t o en e him to receive the dividends then accruing, and to .ismit them to the agents of the Count.— They gave no inti mation to the defendants that the bonds were not their own operty ; and were themselves general mer chants, repres ting many foreign houses as their agents for y commercial,. urposes. They had pledged other bonds before, fr or an d h a d v edeemed them. The isdonds being put in, appeared to be payable to bearer an d ccording to the testimony of Mr. Wettenhall, who was ca ved to prove the value of the bonds at the time of the dennind ,ad refusal, were transferrable from hand to hand without en edorsement. Mr. MARRYAT, for the defendants, submitted to the Court, that in point of law, the factors had a power to pledge the bonds ; and contended before the jury, that in point of fact there was not the slightest pretence for supposing that the defendants knew the bonds to belong to the plaintiff. The LORD CIIIEr JUSTICE told the Jury, that he was clearly of opinion that if Messrs. Mieville and Co. had no reason to suppose the bonds the property of the plaintiff, they had a right to detain them, because, the pledge was lawful • but if they knew that Messrs. Agassiz were for offering in pledge the property of another, they then had acted illegally, anti ought to pay their value. In reference to this question of fact, it was important to observe that the defendants had allowed part of the bonds to be cut off, in order that Messrs. Agassiz might obtain the dividends; and had they allowed this to be done before the securities were pledged for the last time, the fact would have thrown strong suspicion on the case ; but it was not till afterwards, and Mr, Agassiz swore he never inform ed the defendants that the bonds did not belong to his firm. The Jury immediately found a verdict for the defendants. The Loan CHIEF JUSTICE gave the Solicitor-Ceneral leave to move the Court on the point of law respecting the right of a factor to pledge Prussian bonds. CAMPBELL AND OTHERS v. ALDER. This was an action to recover damages sustained by the plaintiff in consequence of the refusal of the defendant to accept a large quantity of tallow pursuant to contract. The case depended on the evidence of Mr. Wilson, the brother who negociated the contract, and of Mr. Lancaster, then his clerk, and since his partner. According to their testimony, Mr. Wilson had, before November, 1822, been authorised to sell large quantitics of tallow for Messrs. Thornton and West, and was informed by them that Messrs. Campbell and Co. had also a quantity which they wished to sell. Mr. Lancaster saw Mr. Ililbers on the Ex change on the 4th November, and then requested him to inform Mr. Alder, who had speculated very largely for a rise in tallow, that they had 760 casks to offer, at 465. per cwt., to be delivered on or before the end of the year, at any time, on the sellers giving 14 days notice to the buyer, and to be paid for on de livery. Mr. liners said he would take than on these terms; but Mr. Lancaster replied lie had no authority to treat with him, Mr. Alder having been mentioned; on which Mr. Ililbers replied, "Then I will take them on account of Mr. Alder." On the next day Mr. Wilson saw Mr. Alder at Batson's, and observed that he had done business with him on the preceding day ; Mr. A. replied, "So I hear." Mr. Wilson said ho had sent the contract to his counting-house ; Mr. A. replied, lie had not been there on that day, and wished the document to be sent for. It was accordingly brought, when Mr. A. said it appeared to be all right, but he wished it to be shewn to,Mr. Hibers, that he might state whether it accorded with the terms which he had agreed on. On the 6th, the contract was returned to Mr. Wil son .with a pencil mark against one of the clauses, which stipu lated that, after notice, the tallow should .be in the buyer's name, and lie pay interest; and an observation, that this clause was unusual and improper. The broker afterwards seeing Mr. Alder on 'Change, consented to abandon this clause, and sent him a copy of the contract, in which it was omitted. This copy, however, Mr. Alder returned, with a note, stating that he would agree to no contract,. except the time of delivery and payment were postponed till January. On the 13th of Decem ber notice was given, pursuant to the contract as originally drawn. On the 27th, Air. Alder was required to accept the tallow; he refused, and a great fall having taken place in the interval, the tallow was disposed of by private contract at 38s. Stl. per cwt., making an aggregate deficiency of 1,897/., which with 631. 14s. 3d. paid for brokerage on the resale, the plaintiffs now sought to recover. On cross-examination, these witnesses both admitted that they entertained strong suspicion that Messrs. Thornton and West were. the real sellers, and that Messrs. Campbeltand Co. were only nominal parties to the transaction. Messrs. Thorn- I ton and Vi'est had sold largely, and Messrs. Campbell and Co. had no tallow within the knowledge of Mr. Wilson their broker, nor had lie negotiated the sale of any of them from Thornton a irvh n ike , : l hoiti l irilaft ' no e rs s i.lf t Ae , arnitilt l irer :l ls. ie lorm d eas e e,t l it i we v b e aeb r i c onare o kft r eeT d er ers had all of them the names of Campbell datee d l l i s candoofs disclosed, C0.,0 alleged l and mle g a the se(i as k e da d t ef contractof wt i n as mr a n. manifest s fAe o i ts i s Lu re i Ts i r s, irnsf.coircp anrutehypee Campbell and w n e te re nd n ed omi fi n r a s l t, pa th rt a i t es it , introduced to further the scheme of Thornton an West, who speculated a l )b a fl r ylt g oht e wai t y emiv i c n : gorhn ! risesltAiee;aduvec ha ve n ever v o e r f t l i t t i tl th ow on ; secondly,authorized dor were selling to depreciate the market, and ruin Alder, who had assentedthatound to the contract for a delivery in Dece fee in fitc b ho er edt. a ; and lastly, that he was not .auction. a salebet t er b y p p ri ri v e it e te i icownitdracbt; The Loots CHIEF JUSTICE told the Jury, that as the name of the principles was not disclosed by the broker, no one could sue except the party really entitled to the tallow at the time of its sale ; and therefore they were first to decide whether on the evidence they were satisfied that the plaintiffs were really owners of the tallow, as if they were not, they had no right to recover. If they were of opinion that Messrs. Campbell and Co. were bona fide owners of the tallow, they woulil then con sider whether Mr. Alder ever assented to the contract declared on. In case they decided both these questions in the affirma tive, they should find a verdict fur the plaintiff, an the third point—respecting the mode of sale , -could only operate in re duction of damages. The Jury, after a short consult a tion, fo un d a ver di ct for the plaintiff, deducting two and a half per cent. from the amount of the difference claimed, and making the sum 1,8661. COURT OF COMMON PLEAS, DEC. 16. PRICE V. NIAIVIN AND OTUERS. Mr. TALFOURD opened the pleadings. This was an action brought by the plaintiff to recover LOL of the defendants, being a sum of money had and received by them for his use. The defendants pleaded that they were not liable, and upon that point issue was Joined. Mr. erjeant AMMAN opened the case to th e J ury . Th e S • *** plaintiff in this case was Mr. Kees Price, a respectable s urgeon , residing in Cannon-street, c ity ; and the defendants were bankers, resident in Berners-street, Oxford-street. The plain tiff, who had formerly lived at the west end of the town, had been in the habit of banking with the defendants From the yeay 1017. - John Henry Boggs, the first witness called, deposed as follows and put it in his side.pocket a small parcel that WRY twist ed up, 0 - 7 l A a l t l n g. a , servant aisir. I T ll ll n l fi r e . i P w r s i!f ;l o l ii rri rv e n t i. h m i t ro re e o t n s ve , feld'a 1 1 1 ): 'LT:2 & O l t ptarsh:-pbanou.kb.oollkeitnbelniiswheanntdoutot r M a r s . t l_t h an e ' uphol sterer's that banking house, and give it the clerk whoM . you see there re.. bStilitli :t:inac!S-dellltt°ocolua"rristlei,dieannedrntleiernB-giltarveeetm, ewtilltlechbotisikn,"ranildisealitrls4Aolaorsinh'to4 ceiving money." I then took the book, and carried it in the state in which I received it to Mr. Marsh's. The book bulged out. I gave it to Mr. W. Watson. Ile looked at it; took out the notes, untwisted then), wrote upon them, put them away, and then weighed the sovereigns altogether. Ile asked me it I knew the amount; I *aid, " No, I do not." He then wrote down something in the book, and then gave it me. I carried it to ray master in Canon -street. My master's assistant looked at it when I brought it home. After this time I went often to this hanking.house with draughts. I then saw Mr. Golightly, and not Mr. W atson. Notting was ever said to me about the entry ssiiielt was made on the littli of August, though I took the pass-book once at least afterwards. I called in January there again. I made a memorandum or it the same day, which I gave my master. I received the honk, and brought it bark to my master, without any observations being made to m e b e any of I the clerks. O n t h e 14th of January went to the bank ain, and told Mr. Golightl y , w h om I saw, that my master said that there had been an alteration in the book from 31 to 31. He said, " What of it ?" I said, " I don't know, but my master says it has been altered." Ile answered, "1, or we," I can't say which, " have altered it." I then went out to the bottom of Bernerri-street ; but before I , went out I asked Mr. Galightly to write a bit of a note to my roaster. He refused, saying. " No, we never write notes here." I cant- back, and asked him what message I was to carry to my master. lie then went and consulted with Mr. Watson, who gave me a direction on a thin slip of paper. That is the paper. Cross-examined by Mr. Serjeant Prar..---I have be e n with my master for two years. They hail not a large ►pair of scales. ,on the counter, but a moderate -sized pair. They put all the sovereigns into the scales together. i saw Mr. Watson write upon the notes. I saw two, which were oldish ones. I saw him write upon more than one of them, perhaps duce or four. I will not positively swear that Mr. Watson was the person vi whom I paid them. I did not know` Mr. Watson at the time, 1211 t the person to whom I paid them was a stout man. Nr. Price lives at 37, Cannon-street. Gregory—l William icebe Ir 'y o h eras s y asttehweeltime of this i transactionpass.lvot aoassts:ant to 3lr. Pr turning from Mr. Marsh. The entry on the 10th of AuFI P was 811. 10s. John Baldry—l am a pupil of Mr. Price. On the IG thcf January I went with him to Mr. Marsh's w here we raw of the partners in the bank. We went boute' the alteration 7, Mr. Price's pass-book. They said thrt they would lioi:t.• nothing to do with it, as it belonged to their el showed us at the time the ledger, but I did not le::: in ie master did. Benjamin o l f ir s a e y p e t. Mr. Steed proved the receipt of a bill•drawn 011 Mr. No, n ß t e h n e i 37, Cannon -street, by Messrs. Marsh and Co. O e tta b r er e. Tr l ee a e m tved a c a l t e;k jess to rs i . % a bill; containing Mr. Pric,e's address. The pass-book was then put in evidence, e lure'. book The Learned Judge observed, that if the jury held the , up to the light, they would see that the entry in question K't' } made uon an erasure. Mr. Serjeant, VALI:GUM( said that this was his case. i je „ Mr. Serjeant PEEL then addressed the Juil for W i s e, fendants, contending that the boy who had been first pet the witnees box heti done his utmost supeort a ease of " by testimony of perjury. tie ], " John Watson deposed to the following effect :—I ein 3 O. in the house of Messrs. Marsh and Co., and bare heen,r ei 6 years. I remember this check being brought on the iti it! .., August to our banking-house. Nothing else was ledd lo g T ot it, neither notes nor sovereigns. I saw the boy who "'Ng and handed to . examined here. Z g sli 1. 1 l a l e e . I believe it was not that boy, but e e Tt e L k‘ boy, who paid in the check. It was paid in about two t 7 , `, 16 and into my hands. I was sitting at my desk et 111 ;4 1 s. which of the ciil4ccokn.sildedraidbinyotblembi:datthttele,c(hmontiticee..e taentereduse coieredthe mistake I had made within half in the pass-book. 1 made that entry becettee I mistook tho time. The boy went away. Mr. Price one of our der day Mr. Price was the entering clerk of the receipts it fore asked him to make a memorandum of it. 11c , 1.11 ,',„. accordingly. I then gave an order to our potter, I""ii."',,, i ire go to 111 r. Price's late residence in Baker-etrect, to . where Mr. Price lived. Ile could net find Vn. 111 madethcD ginning of January, Mr. Pric,e's pase-book was left to .be i el up, but I can't speak to the precis- 'time The oi teratwn elerks. to .31 was made by Mr. Jarnes'Kirb . y one our 014 lter:mot tell ..n the book was left to be made up. eh,sthil made, the hook was returned to Mr. Pal e r I n s. w . e n ek t i o sbout an hour. (itliolo,', days afterwards I taw Mr. Price. and 1 eol\ v i n e 01 .; note, and if so, we can trace this business. 'Mr. Price said that he 111(1 1 13 '" ",•, note along with this check for 30 guineas. On his this Ile immediately i s i e tt iv ele h s itn n' e eet replied, Of course you tarn tell us where you teee'e t e elt was mode up of several notes and gold." 'times afterwards on this subject. Five or six days af teT rl l l he came again. He then stated that he paid the moneY O r o Oblightly, and that he never paid any to me in his - not recollect any other conversation with Mr. Price. have • . Cross-examined by Mr. Serjeant Vey° two pair of scales in our shtip, and it wag our custom to wee% sovereigns in a lump when they were paid in. The p a stelt was in our house several times, and entries made in it bets ' the 10th of August and the 14th of January. There ate f°`' Or live entries made subsequently on the same page. I to r ' no doubt that Mr. Kirby made the alteration in the bock At n l,t desire. I believe it was made about the 12th of January'. book was left to be made up from the 4th to the 14th of )1 nuary. Be-examined by Mr. Serjeant PELL.—When a custoele pays in a check and gold with it, it Is customary to pot d ° '` .l the amount on the check. Mr. Justice BUIIROUGH.—There is an entry on the 2 4 t 1 '; July—that has been originally inserted by mistake—it through with a pen, and the alteration has been put abor'.'i .What is the reason why, in this case, the erasure is made particular care ?—I M cannot tell. Mr Serjeant shall call the man who made & eft sure to explain it to your Lordship. This witnees, as well as the two who succeeded liiinew ere N re ; leased by the defendants before they were allowed to o°l evidence. W. Price.—l was at the banking-house on the 10th ; 4' l gust. I was the entering clerk of the receipts on that tl/ 0 : 4 1,, the waste-book I made this entry, " IL Price 311. 10e. Payne and Co. Entered till. 10s. The memorandum was in at the ienne time. • sit' A Juryman, looking at the book, observed that it w as I n feeent Tile heck witn e ss continued.--.IA d I was tit 'M. crane in, so was Mr. Oolightly. . That was tin: reasi, Watson received the check. On my return, I fou4''''„` e eite Watson's error. swear on my solemn oath that th' h i ; g ete randum was made as I discovered the mistake, and time I made the entry. It is the custom in our receive checks and notes, to write on the check ; notes. • I asked , t. Cross-examined by Mr. Serjeant VAITOFIAI4.-- for Watson whether he had not mistaken the Nur" b o dy o f 1 12 ° I mistook the 3 for an' 8, until I looked a the note. In the hurry of business we cannot alway loorit body of a note—we only look at it when the ha t e but fill. I took no steps to apprise Mr. Price of tile 11 ' 13 - of I believe some steps were taken. by .111 r. Watson. e Joseph Golightly—l am receiving-clerk in th v ir o es Marsh and Co. I never knew a banker's clerk put do tee 3 or 4 notes, when they were paid into the hotnie,.,7llo when, or the person from whom, they were hisroelie the plaintiff two or three days after the diecovery Fria ; in January last. I conversed with him on the subj!,-:',001 1!` said that he paid the money hilesell to me on sec g el or' August : he said so no less than three or four tinis,o7 met different days. He did not pay me a single farthing day. boor Os' James Kerbv.—l first heard of this mistake in the P Itiews:junt of the on the lOtie of August, the day en which it 'tappet, Dell the order given to the porter to go the next day, ke street, and call on Mr. Price, to tell him of the or! ok on co, had been made. I made the erasere in the passalo clay when the book was made up, but I cannot tiny e " that was. I scratched out the t, and inserted the fi,,ute „ alteration is made, my l ' usual mode is to take o ut t h e. The porter was next called. Ile recollected cliortecel'i:,i August last to 78, Baker-street, but he could ri what he was sent for. He asked fir a person d i t . ll . 6 ner' Price. He could not recollect whether he found tif ( 0 )10 6 0 , not. Whatever answer he received he brought Inict Ward Marsh and Company. He had never been tiler° since. dee d * Mr. Serjeant PELL then said that his came n'n s Mr. Scajeant VAtrottsw replied. e vidence Mr. Justice BURROUnit then summed tl 7 0 ,crelpy Jury, and observed that it appeared to him the defendants had certainly behaved improPorO g ibev F had discovered their mistake, if mistake it wat! , .. : ,, t ifful, s l ,;, have taken every pains to have apprised the 117 , t ee woe, t estql Alle m 14 ) did not appear that they find intimated the 15 ° 0 1 01; ;, ° ,40 01 him upon the subject, until he bad vent his elZkecer,,,' l tte to be made up ; and in keeping back from hill t '• n ion-ti7 i te ° II the error which they had committed, he was del° . t he i 0 4 tie which they had to decide, Aft tO 11 0 had acted with congiderable impropriety. ee wauld rather than they should decide upon _eve impressions than front any which -they might Fet7 o ver,. eir ow" He should therefore confine himself to read!lil to de ar deuce, and leave them to decide accorthee jndgment. , r t he r they bad heard the frog t;s, l a te The Jury immediately returned avertliet te ~"'S of A g t r r o . 1 SECONDARI"S COURT, - 11: ''' ' F. 16;10 Cl' This i P r t as )llT a A n :T qu c i. ::::) l. o ,4 l:3:Aenc:lo,o:r.:Cotr).:::: a ~ , , i „ 1 GAINSFORD V. CARTiOf.L.A.I<I) '' rot ~.. 1 .. , , l' T 034 ..1.° 1 of 0 sustained by the plaintiff, in censequenta O i. 4 00 tree:. st m f eii oi ol o l' t i ' in ii p .D ar T: ta ga nc i e d t t l o le co cag ro 2 n:c7c l i: ° ll n t e n w ei lti.iLblilnt r v ifi l i ajall il itj ; opulent cheesononger, residing on laairte• ', s oot inti tli` fendants were rcspectlblt‘ fri.li irovision airro,ii, FIP t , st ford. I I 11,22- they •1 A w til . ..eV ,h,l 11 • arioary, ._'_.:_, contractG.. - ', f ai, r o cw l d d i e ttre veT n .t t a ti h n l iTs. ll • l (.Tn r e 4 s 4l ll t* ip b u n ic e r l it.A:r t, : htoe;.a!i'teil:'44l-niewlirk4ollll:')4'.' in February, and a third in Alarch, 1 1 ; 22 ',,s tag i ; t ifl 4 „e article rose considerably, and the etintrac'' ~ i l l ell o ibirhe' —The question therefore Wag, what claniag::cotn avop, sustained by the breach of contract I ItY /- no inologit i o defendant, that the plaintiff was to r ece ' V the O le 1 pro pried the article fetched in the t narket l at oi joil th e , do t have been delivered, but the plaint iff 1 b t ir articks would fetch at this the day of tril ~ ~.i ses esc .0 The Learotal Counsel on hot.' sides cited . _ ,l)ir ir, s . c t c' •er !'f his view of the matter. r )iniol t " - ;tea I ' lifli• bcelipberoSo7hotrs6Dlrwaßalr*dVii'noSe,olnlOtar:ietSv'errt, O t f i, ?l atnut,t, li bo ri: l Y; ui c jo in scr i g , 0 0 , 1 plaintiff; that in law compensation "Itrial. ' V e t h#ror to the price of the article on the day 0,, , , r 0 , t,_ ! ,,,, is the price at the time for deliviry as ;-; or r : 1 per 6 ' r firg present time was las. with a tkilde" , i dyn ' O5 : /IQ rhwe. ..., . m e a,..-;:,,,a4, ~ The Jury returned a Verdict, asssil tri A,-.1 0" -, to the value of the article on the 4.1 , 4 t' nundred and Fifty-si" rinilleF.