The Sun. — London, England, 1823-02-04 00:00:00

THE LONDON JOURNALS. 2NTR.4CTS FROM TUE DAILY MOUNING PAPERS, February 4, 18'23. ill‘tOnNl NG POST.I The great CouNcir. of the NATION will this iay assemble. At uci period have more impel., tart interests called for the exercise of its wisdom than those which will be submitted to- its con sideration. At no period, we are convinced, will they be discussed With a freer spirit and on more liberal principles. The state of Europ e is awful ; on the Continent all is'preparation and menace, but in the midst of the geeeral gloom, there is still one country towards which every eye is turned, with fear by the supporters of injustice and despotism, with hope by all the friends of liberty and peace. That country is England. The days when she was the sole beacon of inde pendence to the nations of the world are returned, and she resumes that cerhmanding attitude of de termination and of power, which imparted courage to the oppressed and terror to the oppressor, till the cernmunication of her spirit turned slaves into heroes, and the valour of her arm gave them freedom. The Speech with which Parliament -trill this day be opened, and which, in conse quence of his Majesty's temporary indisposition will be dtlivered by Commission, will be found, we are assured, to justify the picture which we have drawn, and to gratify the best wishes of every friend to the welfare and honour of his country, as well as to the rights of nations and the tranquillity-of the world. It will make it appa rent that by the combined operatiOn of on im proving Revenue on the one hand, and a further diminution of .expenditure on the other, in points to which reductions can be extended without compromising the safety and interests of the State, hopes may he confidently entertained of a -further considerable diminution of the public burdens in the course of the Session, especially of those which press heaviest on the suffering Agricultural interests. We understand also that measures for restoring the tranquillity, and im provieg the condition of Ireland, .are promised to be submitted to Parliament. With respect to our Foreign Relations, it Will be found that the Government has spared 110 efforts to preserve the peace of Europe ; that it has refused to lend its countenance to the detestable and dangerous principle of interference in the internal affairs of Independent nations—and that it is still earnest ly occupied iu endeavouring to prevent Ole ope ration of that principle, and to avert from every pot ,of Europe the calamities of a warfare, o which, if once ,commenced, no human foresigh Could determine the limits or the duration. [TII TIMES.] An amendment to the Address will, we believe, be moved both in the House of Lords and Com moui : that in the Upper House, by Lord Lans ()ls n ; and that in the Lower, by Mr. Brougham. The principle, probably, of the two amendments will be the fittrite—tti protest against the late abominable proceedings abroad, and to recom mend a truly British and liberal policy, with a strict attention at the same time to severe eco nomy. The conduct of the British Government, tive presume, can hardly at present afford room for either censure or praise, for it is not yet known ; but if it has been manly and spirited, where spirit and manliness would so well become the Ministers of a Constitutional Sovereign, and of a free People, the Bourbon of France has shown more resolution in ill, than we had thought him capable of: if we have been weak or timid, we have done little better than aid the current srjignit}. [Aroaxr }I utt.tr.o.] The Royal Speeches to the two Houses o Parliament have of late years been comparatively unimportant. They have almost dwindled into the mere opening or closing compliments of the . Session, between the. Executive and Legislative Powe,rs—dtmanding no pledge of approbation or support from Parliament--and, at the same time, withholding all specific knowledge of the intend. ed measures of Adosinistiation. Even whilst the insurreetions of Naples and Piedmont were pending, in the field of battle (if it deserve the na me), or in the field of diplomacv—and whilst the destinies of the Greeks and Turks, and the ambitious schemes of Russia, were on the *tapis of negociation, this style of reserve and mere ceremonial wits scarcely departed from. No doubt, the same character will be preserved, as far as possible, in the King's Speech at the opening of Parliament this day. Such, however, is the actual state of both the foreign and domestic interests of the United Kingdom, that the Speech is looked to with greatly-iutreased iiitere!, from a belief that it is impossible for the Nlinister to pass over the crowd of public topics w hich lie directly in his way, without letting fall some gleams of light upon the most preSrsing nod prominent of them. The ppeniug Session cannot elapse without the introduction of important domestic measures of legislation. It is not likely, however, that any intimation of value will be given of the nature of these mea sures, Hut the foreign relations and interests of the country are in ft situation so mysterious or critical, that it is now impossible to pass them over with the usual expressions of general as surances of amity and peace. [BRITISH PRESS.] Spain is free, and truth finds expression in h e r romantic realm ; but she is at present so beset by hostility, calumny, and fxaud, as to be incapable of extending the benefits of freedom beyond her own immediate sphere. Great Britain is the only country in Europe that is entirely beyond the walls of the prison.house, and free from the ne. cessity of self-defence. If then this country he the habitation of men, enlightened, feeling, and independent, let their voice resound through Europe—through , the universe, in favour of those principles which have endeared man to man in all ages, and without which society would mean a congregation of robbers. ff we have a Perna« went such as the itevnlution of 1688 entitles us to if we are represented in the Commons House of Parliament, the Speech from the Throne will speak the sentiments of the nation, or an address, expressive of truth and fact, , will be voted, and carry to the foot of the throne the conviction of the people. We stated yesterday our' opinion, _' that the Puppet-ministers of our unconstitutional Government dare not express what even-Aey, must think and believe. Of course the usual preparations are made for moving and seconding whatever address may be required in both llouses. We have heard the names of the leaders of this country-dance ; but A. B. C. and D. are quite as respectable and as expressive of indi tidual sentiment. [NEW TIMES.] The very general impression that the Speech will announce his Majesty's resolution to main tain a firm neutrality, seems to have contributed not a little to the improvement of the Funds. — Consols for account, which on Friday were as low as 741, opened yesterday at 75.1, and closed at 761. An Evening Paper seems to have strangely misconceived our intention in supposing that we meant to give any countenance to the absurd idea of armaments in our ports. We Dave all along agreed in the statement that " there is not the smallest appearance of hostile : preparation in any of his Majesty's arsenals ;" Yut it is part of our duty to extract articles from country papers, the accuracy of which, we no, wore vouch for than we do for the para graphs taken from French,' German, Spanish, or American papers. In the present instance, we copied , verbatim from The Hampshire Chronicle a paragraph beginning 4 ‘ in consequence of the present aspect of affairs on the Continent." What induced the Editor of that Paper to imagine that the 44 aspect of affairs on the Continent" had any thing to do with the business of the port, we know not ; and we apprehend his conjecture was altogether erroneous ; but in copying the paragraph as taken from a Portsmouth Paper, vie could not fairly do otherwise than give the Editor's oss n words. Our readers, however, know very well that our own opinion is the very reverse. We may err ; but we think neutrality is so obviously our policy in the present state of things, that unless we hear the contrary announced in the Royal Speech as His Majesty's determina tion, we shall continue to believe that this country will avoid the evils of war.. [MORNING CHRONICLE.] Hopes ore still entertained that there will be io war between France and Spain, and we find . , that they are founded almost solely on the lan guage held by men in office, or those who have access to them. We would fain believe that Ministers have no sinister object in view in en couraging these hopes, that they really believe in the possibility of preserving peace, but we confess we are at a loss to conceive how hostilities can nowise prevented. The Spaniards naturally cast an axious look at the present moment, towards this country. With the exception of their immediate neighbours (long rivals), the Portuguese, we are the only friends they can hope to have in Europe. The comparative means of the two countries, and the tone of our public men when speaking of the Spaniards, furnish en instructive lesson to us. Little more than WO years have elapsed since Spain looked down on England as a comparatively insignificant Power, and since Europe trembled with apprehension lest the Spanish King should succeed in his designs of universal Monarchy. How different now the situations of the two countries I .—And yet the Spaniards pos sess a soil far richer than our own ; their country is larger, and in number they fall little short of ourselves (leaving out relando source of weakness rather than of strength). How then happens Eng land to be so rich and powerful, Spain so poor and weak ? Freedom in the one country, and des potism in the other, are the great causes of 'the, difference. Misgovernment and injustice para lysed the arm of the Spaniard, while the Inquisi tion denied him the use of his mental powers. The Englishman was snore successful. His Kings were as tyrannically disposed as those of any other country; but he succeeded in bringing one of them to the sefttfold, and in banishing another, and in the struggle the capabilities of the nation de veloped themselves. When Charles the First was beheaded, we were less learned, less indus-- trious, and less rich, than the people of several other countries. Had he succeeded in his crimi nal designs, we should have also been a servile, priest-ridden people, the contempt of the world, till oppression at length should reach the height that might urge us to vindicate our lost rights. LAW INTELLIGENCE. COURT OF CHANCERY, FEU. 3. THE HOPE INSURANCE COMPANY v. MULLINS. This was an appeal front the decree of the Vice-Chancellor, .who had appointed a receiver to the estate of the defendant. Tito case was argued at considerable length both today and on Saturday. The defendant had gone abroad, leaving the deeds of his estate in the hand of the Company as a security for Money which had been lent to' him. Ile had executed a power of at torney, enahling his wife and a Mr. Money to act in his affairs during his absence. They hid obtained further sums for the SAIIV, purpose, until the debt due to the Company to manned to LIMO/. There was a question, whither or nut the power of attorney, which described the nature of the transactions in which the agents were to exercise titeir diactetion, authortzed the raising at the money by this means. -• The answer'was, that the money was raised for the4ll4o. aat's purposes, and was to all appearance laid out he. neflt of his concerns, and that in his correspondence while abroad. he had fully sanctioned all that had been done by his correspondents on the subject. It was scarcely to be expected that he would take the Money and use it profitably to himself, and then deny his responsibility to pay it because it had been borrowed by those whom he empowered as his attornies. It appeared that the Hope Insurance Company hail declined to advance the money'withoul collateral securities, who under took to pay' it if the defendant should refuse to ratify the trans action. These sureties were bound for 3,500/., and it was one of the objects of the suit, in the determination of which the de cree was gtyen, appointing a receiver to the estate, until the de fendant gave security for the payment of the 1 1 200/. to relieve nt the collateral sureties fro the ohlilation of their bonds. The Lon') ANCY.LLOR said; that under all the circum. stances, he thought that it was impossible for him to appoirit receiver in this early period of the cause ; that being one of the essential circumstances in issue, and one which in any case ought only to be part of the subject of 3 decree. With regard to the main question; which amounted to this—whethei the de positing of deeds constituted an equitable mortgage--the rule formerly was,. that it did not constitute of necessity a mart aage. Other points were afterwards started , and it wa s th en sked, if the depositing deeds did not imply an intent to mort gage, what else could 1t imply ? Aceordinly, it had now he. come the settled rule of the Court, that the delivering over the dee& of an estate, as it evidently implied considerable difficulty -to say the 'cilia of it, which the deposer of the deeds took on himself relatively to the management of his estate, supposing that no mortgage_ were intended, therefore such delivery of deeds must be held to mply an intention to execute a mortgage, ex. cept circumstances of an extraordinary nature also transpired at' tke time of making the deposit, to show that there was no such intention. There was nothing of that peculiar nature about the transactions in this case as far as it had been laid open : the power of attorney which authorized the proceedings of the wife and Mr. Money in regard to ships and traffic said not a word about lands. At the same time he could not appoint a receiver to the estate in this stage of the cause. The plaintiffs must amend their bill. EX-PARTE E. CJtEBWELL, IN THE MATTER Or CRESWELL, A LUNATIC. Mr. WILBRAHAM stated that le had got the affidavits UP out of Wiltshire, which defended all the transactions alleged against the deponents by the petitioner. The bonds were given in the way of security for bequests made by the lunatic to his younger children, while in sound mind, in September last.-- They were only recoverable after the death of the lunatic ; and as no valuable consideration was given for them, there could be no action put in suit for their recovery against the lunatic. As to the bills of exchange, also, which had been obtained at the ' same time from the lunatic, (he was not found lunatic till Dec. last, and these bills were drawn in Sept.) they were quarterly bills for maintenance, the same as the lunatic had been in the habit of drawing for his children for eight years past. There was no reason, therefore, why an interim committee should be appointed to the estate. There were other allegations in the, affidavits which affected the petitioner : he had lived at variance with his father and the family for several years ; he was said to be involved in debt, and scarcely able to go about in freedom, through fear of an arrest; with other allegations to disprove the propriety of the petitioner being appointed the interim committee.' The Lord CHANCELLOII thought that lie could not suffer the estate, about which there was likely to,be so much litiga tion and scuffle in the Master's office, to be left to take care of itself. On the other hand, lie could not think it safe to appoint a party, whose power of inspecting the estate and looking after the personal comfort of the lunatic was likely to be limited by fear of arrest or the dread which the lunatic had of him, to the office of a committee. The affidavits must be answered, or the petitioner, though the best qualified in relationship, being the eldest son, could not be appointed. He would give time to prepare counter affidavits till Wednesday. THE MANCHESTER CAUSE. Mr. AGAR stated, that in this cause, which stood over for some yeais waiting for his Lordship's decision, several persons bad come up from Manchester to state that in that part of the country no titles could be got in, individuals having refused to pay them. It would therefore be taken as a special favour by the parties cpncerned if his Lordship would give judgment. The LORD CHANCE,LLOR said, he would, give judgment on Monday next. His Lordship stated when he rose, that he should not sit to morrow (this day). VICE.CHANCULOWS COURT, FEB. 3. TIIE COURIER NEWSPAPER. STEW ART v. STUART.--JUDGMENT. The VICE-CHANCELLOR pronounced judgment in this cause. There were two questions, he said, in the cause : the fii+st was whether the plaintiff, William Stewart, was entitled to . cell for a declaration of the Court on the right of pre-emption which he claimed under the deeds of assignment made to him - by the defendants, Daniel Stuart and Street. The second question was, if the plaintiff were entitled to call on the Court for a declaration on that point, what the justice of the case re quired that declaration should be. On the first question it ap peared, that in the months of April and May, 1819, the plaintiff purchase 4 from the defendants, Stuart and Street, two shares from each, of the Courier newspaper, out of twelve shares each, into which they had previously divided that paper; and that he was by the terms of his purchase to be retrospectively entitled to the profits arising on the shares he had purchased from the month of October preceding ; and that on the last day in the month of July following, a receipt was tendered to him by the defendants, to be signed by him for his share of the profits then due, which in effect called on him to renounce the right of pre-emption which by his bill he seeks to establish. The receipt he refused to sign, and on the sth of August, five days after, Mr. Pearson, the plaintiff's solicitor, wrote to the defendants, that unless a common receipt were taken for the money coming to the plaintiff as profit on his shares, he would file a bill in equity to establish his rights, and to compel payment. To this letter Mr. Clarkson, the defendants' solicitor, replied by letter on the 10th of August, refusing on the part of the defendants to pay the plaintiff his share of profits on a common re ceipt. There could be no question that the plaintiff was by that refusal placed in a situation entitling him to call on the Court to male a ,declaration on his claim of pre-emption. It must next be considered, did any thing that took place be. twecn the parties after deprive him of that right. On the 23d of August the plaintiff tiled the present bill, and on the 23th of August the defendants' solicitor, probably not know. ing that the bill Was tiled, wrote to the plaintiff's solicitor, stating, that the defendants were willing to pay the idaintiff IA share of profits and take a common receipt. To this letter the plaintiff s solicitor replied, that his client had filed his bill, but that he would acquaint him with the defendants' offer; and on the 31st of August he wrote again to the de fendants' solicitor, stating, that the plaintiff considered the de fendants' offer to pay the money on a common receipt an ad.: mission that they were not justified in demanding any other, and that they should therefore pay the costs : to which letter no answer was returned. The defendants, in their answer, say, that they were then ready to pay the plaintiff his share of costs, and take from him a common receipt ; but the defendant, Street, says, that he would have verbally insisted that the plaintiff' was not entitled to the right of preemption which he claimed. On this part of the defendants' answer, the Court must decide that the plaintiff did not lose his right to demand a declaration of the Court on the right of 'pre-emption which he claimed.— On the second question in the cause, what declaration the Court should Make on the right of pre-eruption which the plaintiff claimed: It appeared that prior to the year 1808 the defend, ants,. Daniel Stuart and Street, had been proprietors of the Coglier evening , newspaper. In that year, for the first time, they entered into articles of copartnership, which MIS principally done for the purpose of enabling them to dispose of the whole or a part of the share which each possessed in the pro perty of the paper, and to prescribe the conditions on which they, or others who might become joint proprietors, should transfer their shares. For that purpose they divided the peper into twenty-four shares • Stuart's shares being numbered from one to. twelve, and Street's shares being numbered front thirteen to twenty-four. The reason for this numbering of the shares was, that it wits agreed between the parties, that before any proprietor of a share should Sell a share to a person woo was not a proprietor, he was bound to offer it to every Otherproprietor ; and as provision was made for tuenty-four proprietors, it must of course be offered to some before others, and the numbers of the shares were to determine the order of priority. From the date of that agreement, no sale of a share was made, previous to the sale of the plaintiff, in 1819 jfor the circumstances in which Mr. Mudford might become entitled to shares, were not necessary to be taken into consideration in the present cause.) On the sthof Mardi, 1819, the plaintiff pur chased two allures from the defendant Daniel Stuart, and in the following month he purchased two. shares front the defendant, Street, which may be considered in the cause as one transac. tion ; and it might be presumed, that when any person be. came the legal holder of any share, he would necessarily take all the rights and interests the partnership articles confer red, and become subject to ell the conditions it imposed, and thlit44 svetuld, in eonsequenet, - become entitled to, the right of pre-emption. Daniel Stuart and Street being sole pro prietors, had power to make new termse-to change the charac ter of the property—to deprive new proprietors of the right of pre-emption, and to impose new conditions. It was, therefore, a material consideration, whether any alteration of the 'tenni of the partnership deed of 1808 was to be fotind in the deeti of partnership and assignment entered into with the plaintiff in 1819, and whether it was the intention of the parties to deprive the plaintiff' of the right of pre-emption. —The deed by which the first share from Daniel Smart was assigned to the plaintiff (and all the shares were assigned in the sante terms), stated, ;that Daniel Stuart, of Wickham paik, Oxfordshire, Esq., in consideration of 1,9991. paid by William Stewart, Esq., sold, bargained, assigned, and made over, fully, clearly, absolutely, and for ever,-till his right, title, and interest in one twenty-fourth part of the Courier news.: paper. If the deed stopped them, William Stewart would be dearly entitled to every thing that Daniel Stuart poeSessed under the deed of 1800. Any qualification of that right must be found in the words that followed, which were, ".subject to the conditionshereinafter mentioned." These words,it had been ar gued ; meant not merely that Wm. Stewart was bound by the conditions afterwards enumerated in the deed, but also that he did not become entitled to any benefits under the deed, but those that were specifically m e ntioned in it--that was a principle of construction which the Court''Could by no means atimiL The enjoyed by Dan' deal of assignment gave NVro. Stewar t a l l t he r i ghts and be. they could only be limited by ex e. nefits belongingte the share it assigned, as fully as. they were be found. There was n peels terms In the d ee d and there were - no such words to a single word in the deed which pointed at any intention on the part of any of the parties that 'William Stewart should be excluded from the right of property that was included in the right of pre-emption. The deed of 1808 was a code of rights outlaws agreed to by Daniel Stuart and Street, for their mutual benefit , in the governmt en and dianissal of thei r joint property ; and every subsequent proprietor was to be hound by all the obligations of that code, anti to enjoy all its rights &Ad privileges, unless in the instrument creating him s propTietor legal tplalifications were in troduced. Stewirt and Street had the power to limit those rights and privileges ; and if their deed of assignment to Wm. Stewart contained no such limits, then he., must be entitled to the whole. There was no such limits found in the deed, therefore William Stewart was.entilled to the right of pre-emption. In considering the true construction of the deed, -tbe Court was bound.to reject all parol evidence ; the intention of the parties , m must be learned from the deed itself; but on the question of costs the same principle did not apply ; the Court was bound to take into consideration the answer of the defend. unts. He was satisfied that at the time of the sale to the plaintiff they had not the right of pre-emption in con templation ; and it was by no means certain that the plaintiff had," but it was certain he did not mention it, nor in any way bring it under the consideration of the defendants. The original bill makes also a claim of deduction in the original price paid by the plaintiff for his shares, which claim he had failed to establish ; the decree should therefore be made without costs. The cross bill prayed that the sale to the plaintiff might be rescinded : for that prayer there appeared to be no reason able grounds, that bill must therefore be dismissed with costs. COURT OF KING'S BENCH, FEB. 3. Mr. STORKS moved for a rule to show cause why an attorney of the Court, whose name for the present he would forbear to mention, should not be struck off the rolls, for acting 'as agent to an unqualified person in the country, and why that person, whose name also, he would conceal, should not be committed for his offence ; and why a cognovit, given to that person, should not be delivered up to the defendant against whom the proceedings were taken. The party who acted as principal was not an attorney, but only a conveyancer; and he,and his agent in town had both been concerned in the conduct of a suit, which they bad settled by taking payment of the debt, and a cognovit for the costs: The Court granted a rule to show cause. CRIMINAL INFORMATION-LIIIEL. Mr. MARRYAT showed cause against* rule obtained by Mr. Scarlett i why a criminal, informatton should not issue against two persons of the names of Hargrave and Mott, for the publi cation of a series of libels in the Brighton. Herald; also, for. circulating a printed notice in the town of Brighton, threaten ing to take into consideration the*conduct of the Magistrates. The Loan CHIEF JUSTICE demanded if the matter could not be brought to an amicable adjustment. Mr. SCAIILETT stated, that his clients were not then pre sent, but he, as their Counsel, would undertake to say, they would be willing to accede to any suggestions that should come from the Court. The Learned Counsel could only express a wish that the further discussion might be allowed to stand over until a communication should take place between the parties, whether they would accede to the suggestion of the amicable adjustment proposed by the Court. The Court permitted the motion to stand over, in hopes that in the mean time the parties might think better of it, and come to sonic private adjustment. THE KING r. WILLIAM FOX. The So LICITO tt-GE NERAL moved for the judgment of the Court on this defendant. When called, he did not appear ; and on an affidavit that he had been duly served with notice, his recognizances were estreated. • • THE KING V. JOAN IRVING. The indictment was read against the defendant, who was convicted of bargaining for the sale of a place in the Excise. The facts of this case have been already before the public. The affidavit of facts of the prosecutor, Ashburn, was here read by the Officer of the Court. An affidavit of the defendant was nest put in, setting forth that the deponent supported himself by the sale of tea and . to bacco at Bethnal Green ; that the prosecutor applied to the deponent, offering 901. to procure him the situation of waiter in the Excise Office, and . that deponent referred him to a person named Gootlhall, who had undertaken to procure the place in question; that the deponent signed a promissary note for the 901. paid by Ashburn to,Goodall, but did not par ticipate in the profits of the transaction ; that being threatened to be arrested by. Mr. Ashburn, he gave him, Ashburn, house hold goods of the value of 10/. ; that deponent is very poor, and has no means to support himself, orhis wife and family, who must go to the parish, if he is sent to prison. The ATTonarsv-GENERAL spoke in aggravation. Mr. ADOLPIItts, jun. addressed the Court in mitigation, and submitted that the defendant's sole object, in being con. nected with the Goodhalls in this transaction, was With a view of obtaining by this means payment of moneys, which Goodlialls, die other defendants, owed him. The defendant gave up the bed on which he slept to satisfy the promissory note given to Ashburn. Under these circumstances the Learned Gentleman submitted the defendant had done all in his power to indemnify the party alledged to have been defrauded, and there being no direct evidence of the defendant's being a party to the fraud, he trusted the Court would award a very slight punishment, as being all that was required to satisfy the rigour of the law. The Bench having conferred for some minutes, Mr. Justice BAYLEY passed the sentence of the Court on the defendant, who, be observed, had been convicted of an indict. ment at the suit of the Attorney. General. It appeared that John Compton Ashburn 'very indiscreetly advertised for an appointment which defendant came forward to procure; it was a very serious offence under an Act of Parliament. The Le gislature thought very wisely, that a man who offered a bribe to obtain' a situation, would have recourse to dishonest means to reimburse himself, The defendant had applied to the Good. halls himself for a Government situation, and was disappoint ed, before he introduced Ashburn to Goodhall, whom defend. ant represented as holding a situation in the Treasury, which was false. he defendant represented his having a family ;he ought therefore to have avoided bringing them into distress.— The Court viewed the pecuniary circumstances of the defendant fi nso as not to pass any e; but sentenced him to six months' irnprirnment in the House of Correction. TiIE.ICING V. FROST. _ _ The defendant appeared on the floor to receive judgment for the . publication of several libels on Mr. Protheroe, an Attorney of Newport in the county of Monmouth. The defendant was found guilty before Baron Garrow, at the Monmouth Amite& After the affidavit of the prosecutor had been read, the Court found the jury waiting to try causes at Nisi Prins, and the defendant was committed to the custody of the Marshal of the King's Bench, to be brought up on Tuesday week. • At one o'clock the Court rose, and the fiord Chief Justice held a sitting at Nisi Prins. cLr.mrwri v. WALYER. This was an action on the case for infringing the copyright of the air " rive Henri Quaf?r," with variations, composed by Mr. F. Ealkbrenner, and by him sold to the Rlaintitis, who are eminent dealers in musical instruments and publica tions. It appeared from the evidence of Mr. Kalkbrenner himself, that in June or July, 181.1, just at the time when the Al. lied Sovereigns ' visited London, he sold m the plaintiff the copyright of the work in question, with that of one or two other airs, for 30k which he received. On his return to Paris, he sold the copyright of the same work there, excepting England and Germany, to M. Playcl; and it was duly register. ed as his property according to the law of France. The air continued on sale by Messrs. Clementi, but no assignment in writing (which under the statute of Ann is essential to pass copyright) was made to them till Jan. 24, Ife2. In the mean time, the work was sold openly in Paris, and Mr. Walker being there with his son, in 1817 , purchased a copy, and republished it at his shop in Soho-square, where it has been sold since the regular assignment to the plaintiff at half the price which he demanded of his customers. • The SOLICITOR-GENERAL, for the defendant, argued that he had a right to import and to publish the air, notwithstand ing any contract made for the eof its copyright by its author in England. The poeins of Moore and Lord llyron were sold freely on the Continent at very reduced prices; it was always understood that a work published in one country might f ree ly he sold in all others ; and an author could not take away, by any private contract which he might make with an individual, this right of importation, which belonged to.a. The Lonr CHIEF JUSTICE gave no opinion on the point of law, but suggested that, as it was of importance to musical pro fessors, it should be brought before the Court for more solemn decision. A verdict was accordingly taken for the plaintiff--Damages 25., subject to the opinion of the Court on a special case. DAyISOX V. JONES. This was an action of debt against the Marshalof the King's Bench prison, to recover 671., for which a person named fio. tham,waadctained in his etkotly in execution, at the suit of the plaintiff. It was'proved that Mr. Botham was lodging at Clapham, when allowed the rules of the Kmg'S Bench Prison. Mr, GunNEY, for the Marshal, offered no defence, but said that the Marshal was quite ignorant of the liberty taken by his, prisoner, who was now safely confined within the walls. The Jury found a verdict for the amount of the debt, and one shilling damages. ROBBERY.—We understand that it has within these few days been discovered that the coins deposited in the founlation-stone of the new church now building atStand, have been stolen. The robbery has been effected, it is said, by chi selling an aperture in th e s id e o f t h e stone suffi ciently large to admit of the case which held the coins being extracted; which having been done, another'stone had been so ingeniously fitted into the aperture, that until just recently the theft has not been detected.---(Manchester Guardian.) LONDON MARKETS. PRICE OF BREAD. The price of the 41b. Loaf is stated at lid. by the full-priced bakers. There are others of the trade who sell at sid., Mit 64d, and 7d. IMPORTATIONS OF GRAIN LAST WEEK% English. Wheat Barley Mali 9,168 Oats Ry e ••••••••••• .--- .....--. Beans . 548 .--- Peal .... Tares Rapeseed ........ Mustard - Seeds 3 Flour .... I Brank -- Linseed....- ...•••^. ~.... ir0..... ----- .r-- 136 4,702 44 --".... -....... SEEDS, Feb. 3. Red Clover (Foreign) 22134 s—fine, 34s Os 50s per cwt. Ditto English R..... 241 31s 3 91— fine ne w, SS$ 50$ ASS .$Bl White ditto Trefoil .... per cwt.... 10i 143s—thfi4i5ses—fine 6I Ipe s r Ole s C (B R . p a o: b re r t l i gr a . n a G r g r a t r d s s a a T e: a r s . t d e. so See ds .. .. . . 1 G 1 5 05 5 : 4 , 8 :14 5 : 5 366 :14 6- 5 0 :::: es : : pa qr. —s Od —s 04.1--. 1 Cinque Fain .? ilf , 32s to 365--fine .. - '§l 7- • - Canary per qr —s 35s to 40s OA per qr. White Mustard Seed is to 10s0d Brown ditto 9s to tris Od Winter Tares 2.ls to 30s Od per qr. • Rape iced .. , 921 to 25! Os 161 per Last. Turnip Seeds. —l Od Gs to 71 6d pr. boh. Linseed : —s—line, —s — 3 1:;" . qr. .. - 6 NEIVGATE AND LEADENHALI, NlAtigi:TS, F"'" 4 ' By the Carcase. j 1d Beef ...... .. 2s OA to 2s 10J I Veal ........ 9s id , i° i: ei Mutton .......3s 4d to is 8,1 1 Pork . .. .. ; ... 2, Od 0 Lamb, os od to o$ od. _.----."- S'r. JAMES'S HAY MMtKET, Feb. I. 4 01 N. Hay 21 13s 0,1 to 41 2s 041 t Mr( r, .. al IU I i , ° 41 ) AC 4 Old Hay 01 os od to 01 os od 1 •;ttow li W „. s uu SMITHFIELD. • 3 1 lot Old Hay 3l Os 0,1 n; 41 os Od---Artragep od , i 14$ Straw ''' n 1 1 5, Clover 3l 34 Od to 41 3s 00---Areragr, - WiII'IECHAPEL. 31 I 6 i Ca Hay 3i es Ott to 41 Os 0.1---Aceragr, - , 0 , pi New ditto Ol Os 0,1 to 01 os 011-Avg:rage, °: ,6 od Straw II Hi oto 21 d 1, . ree Y i . - s il 6 1. '2s 0 .---1 se ~, , 5 , U-. Clover 3l 106 od to .1t es od----Average,i_____, PRICE OF HOPS, per Cwt., rdi. I ' Pockets. I 1 A llags. 4 1 Os Kent .. 91 los a3lss a 41 15s Kent .. Otis a2l IS , 4 4 ; 0 Sussex .. 214 s a2l 19s a3i Os Sussex .01 Os aii 4 ' 3 . - jilt Essex .. 21 iOs a 314 s a3l 13s Essex.. 91 9s a2l 16‘ • Farnham, fine, 61 Os to 81 Os—Second, 51 10$ tu 6 ...... s ...------- ..samme, RAW HIDES. ~ 0 ii Best Heifers 3.: Steers, per st. Ordinary .... 9s 0. 1- 9 , orl 3s od to Ss 9 4 Market - Calf ;. ra% 11 ,',,* 4a . 04 Sliddlings 9s thl to 2s lod Eng. Horse Os C u A 4 s 9 6 d:t t li o: 4 s:l: l l:l S S L K h a r e m N er S s . ' ............. .... --4 .... 1_ ,....i t( :, I Polled Downs --- PRICE OF LEATHER. od siil 1° s,id Butts, 50 to 56Ihs each per lb ...... to Ditto, sri , to Gelb* each 2 3,1 wil -10 td io j Dressing Hides isd vg Coach Hides Crop Hides, 35 to 401bs for cutting . l ll iii w ila Ditto .... 45 to 60Ihs Calf Skins..gti Co stnlbs eeti t o :; ' ) 1 Ditto. 5O to 701bs i to ',..1 Ditt0...... 70 to sOlbs ' 24. Ir Small Seats (Greenland) lB4l ti) 04 Large ditto Tannest Horse Hides • l7d °O4 Spanish Horse Hides • i isd 0 ~,, PItICES OF TALLOW, SOAP, &c, per I 19.1b.-- - • }46 ' . ;,0 Town Tallow 40s Oil —a Oil Yellow Soap ' .... ' slt Yellow Russia 39s Od —s ad I Mottled ..... ''. si i White ditto .. 393 Oil —s Od Curd .............. " . :7, 01 , Soap ditto.... 36s oil —I Od Graves •.' " di Melting Stull' 301 Oil —s Od - Good Dregs ..... ..". Ditto Rough:. 19s Od —s Od ' lf , e 41 ` (. . I, .;! PRICE OF CANDLES, FR O M TALLOW CHANI)-t i , l os'. Price of Candles, per dozen, 8s 6d —MoulPt 6d per dozen allowed for ready moncY. _,----; PRICE OF RAW FAT, per,Stone of 811 .--l eb 'qi Price of Tallow (as stated hy the Tallow 10 eltat,„„e COUNTRY Gu moron) Al rbIARKE'r.. MUM', Feb.l. ,_ to 11 1°° Burley, ne w, t I ..,‘ • ' , 1 10 ft wins, per qr. i I di 1 ' ) ii liik Pease, per. qr. 1 1 ! 0 , 1 ; t i ° ,,01 14 . Rye, per qr. __.2.1.:2,.....--""' Wheat per 1. 010 s ti; - 11Foi New Wheat.. 101 Os to 121 lOs Oats, per qr... 01 18s to 11 As New ditto.... 01 Os to 01 Os COAL MARKET, Feb. 3 • pia' c 47 0 '; Ships at Market. 11 Newcastle 0 Sunderland A meeting of the freeholders of the cou n ' i the Carmarthen was held a t th e Shire nai l ! , i :0 1 town of Carmarthen, on Tuesday, t he pro' January, " to take into consideration Ole priety of petitioning P ar li a ment to ad°l't,lregl sores f for the relief of the agricultura l r o te am the unparalleled distress wider O. they at present labour." The lionooriTc,9o' Rice, M. P. Sackville Gwynne, Rice, Esq.; W, 11. Powell , b'sq.; `", G. G. Williams, Esq.; J. G. Phillips, Fis c la Mt A C' Saunders, Esq., and several other gen tlelp c litic id customed to interest themselves in th ll e A P i , affairs of the country ' were p r esent, t" !don to Parliament was agreed to. ""6 _------ ' I)IE1'. re ,ISOI4 Do ° w n a), S ,e t r tn o ti f a n y. y a .sa t lriteiruli widow of o in f PLiicocadnai:lyfoltiltahritrialevi'3l:ll4 and daughter of the late and sister to the l)reg ell e k itllt., c. }..'kst.ezln•mr;tioftltholfee332ll:66ratit:iiaejuricilnintt,...,i,naathtt his ipseosiwuodinem:nesof NrnorNaleitas r o i l:, ~, , t e t urt oto la' the late John - Aldrich, Stowmarlieist: ,1;:s'. 'CI.I - 1 ?° : . °L J. G. Nibbs, Esq., of the parish ol "`. , h el a ' • fl ier 0 1 4 ,4 Rev. William Aldrich, Fellow of blagdill en.c° 53 44/ ` id' 13 -oe :of At the IlotwellA, on the 18th ult„ Mrs. J ll Do dip 80 ; and on the 221, her sister, itlrs. Catharine to / ris,4 They . were aunts to the late, and great aunt obi )' LOrd Doneraile, and were in other instanees„, uer, In the year 1018, both of them 11114.10Viell.l.rip. .1. couching, and retained their Sifl.ilt to th e last " qA.,ldrt a si „,, rov, AM/ strfoarntah,el7sl?,„:olo.olll" •...••••••• n. 111411.111, IV O t3,5i rv.• BIRTHS. • 4 ;oath war o f On the !d inst., in St. Thomas's.streetl - g ife,„ ll Allen IVilliams, of a daughter. Tit o low Singular kirM: in Me Parish of Fartiliaol• -(10t) ,- ofdßinfiel, labourer, was safely diliverc:_ of November, a female child., which lived On the 13th January' she was delivered of a 1,11- is alive, and, with the mother, likely to do well, a., til t ,141,L, wit. UM Ili ULU., _ 1/11IRR1 1 ; 1). MO 1 30 On Thursday, the llOth ult., at the parish A 4,/ Mary, Lambeth, George Burt, Esq., son of it e t Burt, 31.1)., of Calcutta. to Mina Victoria , Y °lll . tV t. of the late Joseph Hopkins, A 1. 1 .). of queerl - sq u4r' ove r ' % I° On the 18th ult., in the garrison church Sk t OI T :00 0 Charles Best, of the Royal Hanoverian Grew/ mh 0 Louisa, only daughter of tho late Capt. Roberts' tight battalion King's German Legion.