The Sun. — London, England, 1823-11-11 00:00:00

I zx Cent • , • • \V • . 41 4:11": 4644' • Ot; ki3fr4 1. .r • • ,71La. 41410,, T E t i 1 • 1 11( X ) ,:i a ♦ lt4 , e vr ilf"; ,41•0011MliftiMiNii...01•41................1•11111.1111•111111101•1011•11411111.11.111•1 1111 . 1 .1i.......• • .~ / . TUESDAY, NOVEMBER 11, 1823. ' NUIVIBER 9740. Pnrc E SV VENPENCX, • ROYAL HOSPITAL ,CHELSEA, Nov. 5, 181.9. THE Right Iftthoutible the LORDS and tither COMMISSIONERS for the AFFAIRS of CHELSEA HOSPITAL do hereby pre Notice, that they are ready to - receive Tenders front such Persons as may be will. in to contract for VICTUALLING the PENSIONERS of the HOSPITAL during the year 1814, fur the following Ar ticles of Provisions, Beef and Mutton, fiivid, Cheese, Blitt , r, Salt, Peas, and Oatmeal, at per brad, per diem, fur the whale _Ration, according to the rst,ihltshed wane :Ind allowances of the LAW IN VELLIGENCE give every man an interest in preventing the crime of arson, and; where that otFence had been committed, to bring the of. fenders to justice ; and th e h un d re d cou ld not rel i eve themselves from the liability thus cast on them, by setting up an'agree ment with a third party, in which they had no share. The point had also been decided in the ease of " Meson a. Sainsbury," and, unless they held very strongly an opinion the reverse of that which they had expressed, they would hold themselves bound by that decision. Mr. Justice 13EsT concurred in refusing to disturb the ver. i diet, but only on the decision cited; for, one principle, he should, were the question regts intcgra, hold a different opinion. Hospital. Alpo for Beer, at -- per Barrel, and Candles, at per dozen lbs. .#riitted ri)rms of Tenders will be fornished, and further Partietti4 made known. upon applying at the °dice of the Secretary, onto the Ste 4rd,of the hospital, which Tenders must be filled up, and tltOrreedin'at the said Oihce, on or before Friday, the elit Instant. The Contruelors.will he required to find Security for the due performance of their several Contracts, and it is to be observed that no" Tenders will be received after the day above-mentioned, nor will any be noticed, unless the Parties, or sonic Person duly authorized, attend on their behalf, on the (las fixed for the illzeting of the Lords Commissions, of which doe notice will he given. Vii IIhiLLI4VO-01471GE, Not'. 1, 159 3 . THE COMMISSIONERS for VICTUAL.. LING ilia Me1JE521",..3 Net PY, eft. do hereby give Notioe,tlitit on Tuesday, thegt , th.Vsveinber instant, they will be ready to receive Tenderi in writing (tenled up), and treat 'fir Me supply: (on *eproyrie Contract:), of all such venuti. ties of SEA enovissoms, including KUM, as way be de. .4nattded for the use of his Mu jeAty's Ships and rest, is at the Plates untler-uteationed, front the Lit January to the3ist ILecember 1824 int lusipe, telfast, Carrickfergus. turn, Harbour, and Newry. . Xingstown and Dublin. tialway. Londonderry and Loughsvrilly. • Greenack. pith, Leith Roads, and FirtiTuf Edinburgh. The Conditions of the Contracts may he dent nt this Office, or by applying to the Secretory to Me Postntastcr-General at Dublin, and to the Collector: of Ms Majesty's Customs a t Belfast, Greenock, Galata,,. .Londonderry, and Leith, re 4p/eller/Is. Rach , 7'ender must specify the Price in fronts at lenglit Gail be delivered before One o' Clock an the day appointed ; and must be accompanied by a Letter signed by two responsible Persons engaging to berme bound with the Party tendering in the penal su2n of 5001. for the due performance of each of the Contract. .The Person who makes the Tender, or some Person un his • attend to antwer when called for. 4 11. IrdLLER CLIFTOI►. tB3.TirE comIIISSIONERS for VICTUAL LING Ilis : 1 1.1JES7'1"S a r c. do hereby give Thal on Tuesday, the each Novemher Instant, they 14 ready to receive Tenders in writing (settled up), and u tre tt „ fnr M "'ePPlq (on separate Contracts) of what FRESH: ""nY r.q I /' r the use of his Majesty's Ships . (Ind "estei,vat th e ;Vi e r ' es uuder.mentioned, from the j*. ' , nary r° the 31 0 'neeenieer,'lB24 , inclusive, vis.:- 141 fast, CarrickferKus, Larne speilara bour, and Newry (Lrekrhanrdenietisdale in Bantry Bay ehallhi o• ( ; 4111 1 ) beltown 'orer It d l iown,lngsi , (Zi dudud Dublin pl,tiglas, Isl e of Man ' michnh 1.; ,lock "'soy and Jeree'y • I . , ?I ‘t Conditi o ns of the Contracts may he seen at this Office, ' ll w g' at. the Pest Qffices at Dublin, Clantry, ?tin- -D (isle -tf, Man), and Am JerseY , " is • D tercille 4 6 ""Y • to .1/r. Miller, M. Stokes, and uns • - ,. °4l .fe ' r the I'ictuallintr al Plym , tuth, Chatham, and Cork ; .:‘ , . 41 ". li'icturtling Wharf, Dom . ; -Sir. naiad, a , 41 Yard, nea , • .:Ir. Christopher Bartlett, at Bri.rimen ; the Collt.cl , ;os of the Customs at each of the ether 1 ' 14. T, an d 14. o• must specily the Price words at kngth, ond 6,:re',l6eAre n'elocit on the dat appointee; i6l, !,enures, g l ' f ed by tt.Letter signed by tava'resPen tehdrrin "Katring to become hound with the Party 7,1 the Penal Su m of 2000 j. for the due perform ome'r of t e ra P os lyinouth Contract, and of 500/. for each of the rhePerson •It...ht; 'nukes the ?'ender, or mono Person on his attend to antwes when rolled tOr,, AL 'FALLER CLIFTON Hai wich Leith, Leith Roads, and the Frith of Edinburgh Milford Haven 'Londonderry and Loughswilly New Romney Newcastle and Tiomouth Ha. ven Plymouth Sheerness Torbay Wrymough Yiermouth, Lynn, and Wells. 1 4 8 ,-,N„I),PNI REPOSITORY for the CABINET MAKERS' , cv`CiIETY I for every Description of CABINET FUR NI ,A-FF.A.TIIE'R BED and MATTRESS MANU t! s'NED - - , No. 71, Corner of LEADENHALL 'a, -London, opposite Aldgate Pump.-Ready orth. 1 11:11E,Society of Cabinet-Makers respectfully 'the Public that they still continue the . above I M erit, _ for the Benefit of Industry:nut Mechanics . who ~1 114 7!;, P alrlilett; by olfering. them illanufactured axles 4 te -11 ret Line, of the.best %Vorkinanship, and Clteaper thsr,stY. douse can do in 'London by twenty-live per cent., de lta tlrtg.no other profit.required on the bloods. but the-bare . I, 4lll, l ftences ; at. the same time wilhe sufficiently satisfied+. ,Tisire constant EmployMent for themselves and fath il les. '"'cletv w Esta b l ished in June,' 1321 , consisting - cif /.. 4 4 4 "e1l adding the number of 'their Wives and , Ftuni 14e 4,.,,lc4thted 'eh 66 ; in June .1819, live more were added to 16 t . 1 sr tl e tY; in Jun e , 18-'2O, 1/1; and in June 1821, 8. The phi' tie_taber now receiving Support througb the . . Means of `4,,,,.blitinnent is 191. • So' s "ne.tY and their Families beg leave to return their ,',lthst,:,,ks to those Ladies and Gentlemen who have l'°6oureil them w ith their Orders and 'Recommenda- I,,ftitstr',4l(l &hall alwayfel balm in their endeavours to give ,Itit LvAfactio n . the. • tim e soli it a Continuance of. i s le Ikr"l„„„LvoTence, whereby g they may be enabled to increase 41itteue? of the Society • 47,1144 Articles are inserted as a Specimen of the very tch AAi siz e 1 i all warranted. ---Ready Money only. li t i ll si ze ~1 1' °_Prty four-po s t Bedstead', lath b ottorn 31. 15s. i kdstead 11. 65.-Bordered hair Mattress to N x l ?'''-tiii t ;` l llo)Y Draw er , so lid en d s 31.35..-. Feather Bed V„', 4 l) '. ttini ss i ;.„Iree from dust and smell,, full size 31. 10s.- ...,`1 1 443 of any 'description in oil IL es.-i-Best do. 1 4A1 `."" ft ild 10A D i tto, Dressing 'Fable if It t % u g a nY .--4 1'erni, ti i Athes ."- Chest of Drawers' 41.45.-Three-foot .. hoar et aw , uroke Table IL 181,.--`Three-foot ditto_ on_p t i to t ..gtt be st n '144 M k -Mahogany Dressing_Table _ _ 1 1 4 -4t t° ditt o 2j ‘,ll*--bitto Bedsteps 11. 81.,-Ditto ditto 1. It s. Ditto Bog Glass 2 drawers, best British s ?ltts i it "o ditto la. Os ditto 11. Jas.-Ditto ktto . " - -hi g 'tt o corn . mo . de 35...-Ditto ditto 61.--Di . tto Cs.--D it ditto 12s. --Sea Bed ar s d Pillow Ss. tia 14111 1/ 14a- --3s t° 714.-Tray Stand 75.-bong Mahogany (Iti l , elk 21, '`ja p an Book Shelf 78.-Tea Caddy 10s.--Porta ' P4 s _ttern ,e(lit covers in number 1411.-.-51usic ir e lit c",,* dlahogany Chairs, covered with 11. ;44.-0 nailed 61.68.--8 ditto-ditto 61. 155.-8 ditto " 'Ns "*"-rt' x 'areagar ditto es.-111shogarty Sobs to match 14 1 , lead 7 t . ta i Couch 10s.-Ditto ditto Pd. tOs.--Ditto, with 14 11 1%; b an of Mahogany Cara and Sofa Tables, on G, too ,".., t olded in rose -wood 155.-Set of Mahogany the I' 4lll and Sofa, on pillar and claws- 12}...123,- Lkatil o4 , l ;tt that ran be ofd, , order or pattern 161. 103. 11,1'ids ltL ll ** -- tY 7 .f°° ' a pe.destal,. Sideboard, with carved !Wt4T41, 1 1 " '7 foot 161.-Ditto 0 foot Aix Lil.-Set of 4 f o , t 2, of the last pattern. 4 foot by 50 foot 61 11.- 1.1 m bY 11 foot 6,15 L--Ditto, 4 foot t; by 12 foot 6, giit.i '' ' T •l ll Ca rlitth, an admee of 31-Ms.-Strew Palliasse 'ci?k, .4 le t , ,-litend and furniture 31. 15.-Bamboo Bed eil'ptie. top, with drapery and fringe, 81. 104. to t ,`, l l dr:,Lhogaay four..pos..,t Bedsteati and furniture, with L 'lN t i„k't t hoed an through, conplete, IM. 10s.- ap t ditto 163. 10s.-L'itto ditto, with cornice, of a ahta, with gold cornice, de- C hu) , ;`" --, Drawinit..roort : t Curtains, of the best ,510- pf ' fitted for wrldow, 81. ed.-Ditto ditto 71. 7s. N, 1 4 '004 ► 1 1 ) ,.e / 11 / or and elegan t stvle of work, 101. Trafrigar • ,Chl.tEs / th _l'itt ol ito 11, 1 with 11 ui. ) 1. Cm.•,•r?, and, sota l • rattir , ..ll , 4n Sofa (51. thtto, 71. 7s. N4i. • , , ir - (7 , tivhions, eseh SA. ei.,...-.Covered ,„ %V. TIII.II4.NELIi, Agent. (11 rACite t t t• - * 'ELT PEALERS SUPPLIED. X14.,r„ tee of.expence, exdept the materials, and sent 4,ti(jll4i4,7,l*tit Britain, and to the 'East and West In. h laSo,,l4,tted out., and Merehante, aupplief.t. with . - ' ll tss q „l l att44?,t4tion. two "rlimished m• a few hours' notice, day, FINISH OF THE Lorrwty. LAST AND ONLY DAY IS FRIDAY N EXT, when all the Prizes and all the Ticket% was be drawn. The Wheel contain% Prizes of £lO,OOO. XlO.OOO. LIMO, .£3ua, £3OO, and LOO, besidei newly -Threa Thousand smaller l'rizcs, the wholie of which must he drawn in Ont , Dav viz. FRIDAY, November I.i, when the Lottery will Fitirsh. Tickets and Shares, W..rranted Undrawn, ard on Sale at all the Offices. WIGSTON'S HOSPITAL. ' Leiceitter, Nov. 6, 1823. A MEETING of the COMMITTEE 110.. pointed by the • Inhabitants,' fcArrittahirespouAzwifspirnze\sitis fiagigAleA l A , d w n a n s n t iff s ati a on of b d y held. ' * Dr. HILL, in the Chair. The Chairman submitted ' to the Meeting a copy of his Letter to the Members for the Borough, requesting the m to present to the Chancellor of the Duchy of ancaater'a Petition signed by upwards of 5400 Inhabitants, prying for a Tore equitable administration of the revenues of Wigston's Hospi tal; and he alto laid before the Meeting the joint Letter trans mitted with the Petition by the Members for the Borough, of which the following , is it Copy : , Leicester, Oct. 18, 1823. Mr LORD: , -At the desire of our Constituents we forward to your Lordship the accompanying Petition, signed by upwards of, five thousand and four hundred persons, amongst whom are 1 the Mayor and Magistrates, and the eater part of the , re- i spectable Inhabitants of the Town of Leicester. Your Lordship will perceive that the petition is addressed to you, as Chancellor of-tltst Duchy of Lancaster, on the sobject. of' Wigston's Hospital. It would be a. great satisfaction to us to be enabled to ac quaint out Constituents that their Petition has been favourably received, and• that, on a future apppitittnent of a Master, care will be taken, by your Lordship's interposition, that the Re venues of the Estates shall be appropriated to the benefit of the Poor of the Hospital and the advantages of the Town in gene ral, in accordance with what the Petitioners conceive to be die spirit of the Act of Parliament founded on the intention of the Donor, We have the honoitr to bi, my Lord, Your Lordship's most obedient humble servants. JNO. MANSFIELD. T. PARES, Jun. . The Right Hon. LORD BEXLFY, 81. C. &C. &c. • It was resolved, That the thanks of this Meeting on behalf of the inhabitants at large be. given to the iiivnbers for the Rerough, fortheir prompt attention to the wishes oe their stituents, and for the Manner in which they have seconded the views of the Petitioners by the sentiments expressed in their joint letter to the Chancellor. That, as a vacancy has taken place in the Mastership of Wigston's Hospital, by the death of Mr. Selwin, - and the molt important vested interest having thereby ceased, this Committee, on behalf of the Petitioners, deem it expedient to implore the Chancellor of the Duchy to take their Petition into , his most serious and gracious consideration, before any arrangements are made for filling up the Vacant 'Mastership. Referring to the promise ; contained in the Chancellor's letter to the Mayor of Leicester of the 17th May last, that ihe subject should undergd hit Lordship's due consideration before anynew appointment be made, this Committee do now feel the fullest reliance on his Lordship`a!attention to the subject. •lay the documents fur.: niched to this. Committee, it appears that the benevolent Founder settled the salary of the hinter in' about the proper: tion of one filth of ,the..income arising from. the estate:- • As far back as 'the year 1650 a survey of the estates was taken by, the direction of Parliament, in consequence of a Petition to the House of Commons from the Mayor and Corpora.' Lion of Leicester;. misting to the °Waits of this • Charity, and at that remote period the estates were valued by the Com missioners at 12001. per minium If these estates have been in creased in value, in an equal degree with those by which they are surrounded; the present income must be very large! slit& cient for. the purpose of amply providing: for the 111 aster and Confrater; for extending the Charity in a very g reat degree, and for the other purposes contemplated by the. rounder, This Committee and the Petitioners have been informed by a report: from the Duchy Court' of Lancaster, that , the Revenues of this, Charity have been managed with.a strict observance of the sta. - , face, - delivered to the late - Master, but in the course of their investigations they clearly discover that the spirit of the Sta tutes, and 'the act by ivhichthey are confirmed, has beeii alto. gather lost sight of and neglected. Inasmuch As the letter of the law has hitherto protected the several blasters in the practice of granting leases for livesiand in epproprlating-thetines to their own use, this Committee, on the part of the Pentioners,eamestly solicit the Chancellor of the Duchy to reconstitute and remodel' the statutes,. in such manner as in his Lordship's wisdom he shall consider best caleulated' to restore the revenues to the oh jects contemplated by the hounder;, and which, in their hum. 11e opinion, can only be accomplished by abolishing the syS. tern of granting leases for lives, lay settling on the rMaster a reasonable and specific proportion of die Revenues arising from the estatva, and, if necessary,; by obtaining a new Act of Parlia ment, to confirm and settle upon a permanent basis, such al. terations and improvements in the Statutes as • his Lordship may be pleased to make. That the Chairman be directed to request the igembers for the Borough to transmit the proceedings of this Meeting to the Chancellor of the Duchy of rAncaster; /Indio soliclC his Lord. ship's'attention thereto. JOHN HILL, Chairman. FOR COLDS, VOUGrIS, im-fixtAs, &c. PECTORAL, . LLI. X ill. Experience cains , vary Intig' period; Aims incontestitoy 'proved shy superior of of• this all cases.of Colds, Coughs, and Asthmatic 4 1 i tlections. liy prop otinr, gentle expectoration, it very short the Pitt nt. of a s.lic-ht • or recant Cold; and II few: erases are. tertrrally tatildent ;o remove t hoe which rtqlect has reollyr:t Olnore cc t ntim en and o boinnte, and whisli ttre.iceopiyafoirn ;vitt, Couz,l., spitting; T .• rah n fil an d other seriAt Omptiotic Its p, ctitiar LlAA:twic 9,), D vils tend to !teal spre•nes:,. and allay.t he irritation the lungs, it , cast s of Cough; avert jn Attliotatic .Iffectiuus it as. sists and givea freedom to it, !!math. Sold in Bottles, at 14d• nod gs.'9(l. by Puller's Che inioss,u, ch ea pside, St. Pail I s t's he t. 61 iet, Oen r the A r ,eie Rooms), Landon iterloo•place, tldiriouroi ly t t)itifn ril ley the principal INtril,t n die rs t sou g mat t he Unit. ngtleitts. . careful to asic r;,,F Butler's Pectwal COURT OF CHANCERY, Nov. 8. Bonnet L. SIR GEORGE WOOD. Mr. WETHEREit was heard in reply upon the motion which he had made on Saturday, for quashing; the writ of etc czeat regno granted against the defendant in this case. The Loan Ceteetcr.t.e.Oit said that the first 'question was, ought the writ to be now discharged ? There was no question that if the 36,000/. were paid into Court, the writ must be dis charged. But if the writ ought not to have issued ip the first place, there could be no pretence for the plaintiff's requiring that deposit. He had nothing to do with tne,complaintagainst the conduct of the sheriff, who had a difficult duty, and exc ' ciited with perhaps a sound, and certainly' with a legal disere. tion, as the law made him the jotigeeef hie :per reeponsibility, and the measures be might deem necessary for lus.own sect'. riey—subject, of course, to the rebuke of the law if he should abuse hicauthority. The case had Lwow on originelly before the Mager of the Rolls, whosejurio‘diction as to granting the writ of ne exeat was as great as that Otthis Court, with one ex, eeption—that after granting it, the writ must be laid teefore him who held the great seal, without. the, epplieationaff Which it was of no effect. The writ had been . granted during hie Lordship's absence from town'. and from the representation of the Master of the Roils he clad no diffienilty in affixing the great seal to it. Not that he had any opportunity of judging of the arguments which might be urged against the proe priety of granting the writ, to which, however, beedeter.. mined to give the closest attention whenever the subject should come before him. An opinion had been much in.. misted on by some persons in the country, that it was a vain, ueele.ss • and expensive form to appeal f rom t h e opi nions of A delivered at one time, to the deliberate judgment of 'A at another time. From the earliest constitution of the Court; it had been a principal of it to subject the proceedings on par. titular occasions to the review of the Judge who had conducted them ; and he could fancy it much more probable that Judges generally would he more apt to feel alarm for the incorre e te eee of their first opinions on such appeals, than to, betray an obni. nate prejudice end favour in behalf of these opinions. Until it very late period the writ of re ester rrgno was merely a high prerogative writ, only issuable for purposes of state, such as that of detaining subjects in the , country whose services were considered necessary to its welfare : the use of it as it ineans'of obtaining security forproperty in civil suits was at that time unknown to the law. It would be difficult now to describe upon what grounds the use of it was adopted into the practice of equity, so as to make it available between subject and sub-. ject„ as it lal before been between the King and the subject. 'lf the issuing of the writ were not upon the manic footing with writs demandable ex debitojinnitice, without all question the .Court was beund - to grant the writ upon examination of the circumstance.' under the exercise of a sound discretion. Th e cite timetances cetsential to the granting of it must be—first, that the defendantlias nodisposition to fulfil his contract; secondly, that there is an equitable debt ; thirdly, that such debt is fully due; and lastly, the Court, seeing its way clear in these preli minaries, had to consider with what sum the writ should be mai k. d. With respect to cases of account, this Court had a surer method of dealing than that at common law. By re ference to the Master, e balance would be found frequently to which there was an 'equitable as,well as a legal claim, and cer. tainty was given .here to debts in balance of accounts which were scarcely recoverable at' all at conemon law. There the account must appear upon the declaration, and.the proofs must strictly correspond. So that if the opponents of this juristic. tion could succeed in destroying its equitable fuoctiOns within six months, they would find that in matters of account and spe cific performance of contract, the constitution of the country would leave them no remedy at all. The same observations were applicable to the cases of executors and administrators, who co u ld only b6brought to account for assets received, by the process cf this Coml. His Lordship went on to the lam of the case immediately before •him. He apprehended thaelt Was enough if the party deposed that this other party _was going abroad, and that the debt was thereby in danger. The rule of Lord Apsley was wholly inapplicable. This was not a mere case of contract. A bill lied been filed for 'meat; perform ance, anti the contract having been established, the estate in equity was vested in Sir George Wood. It was his to demise, to dispose of, o r to use as a security for debt—to do any thing;, in short, with it which the equitable holder of an estate might do. This was not a case, therefore, which fell even within Lord Thurlow's rule, in which the judgment seemed to squint at the, other property which a defendant might pos.sess. The posses sion ae'it'was before the Court being in Sir George Wood; no man could say, that after the report'affirming the title, the writ shouldi be marked for less than 38,000/. ; fur that was the tiebt due upon the contract. Ile held, that in all such contracts, it was for the vendee to prepare the conveyance and tender it to the vender. . But there were other difficulties to be considered, How were the plaintiff,' to sell the property while the equitable. estate was in Sir George Wood ? How could the title he' got' out of him ; and by what means could the parties ready to purchase be held, while the plaintiffs were'getting the title out of him ? • Certainly, then, thie must be an equitable debt for; 36,000/., the whcie of the,purchaae-money fbr the estate, which , was a full consideretion. Of alum reasonable, deductions. were to be made; but the ri g ht s of the parties were now dee Glared to be the :tame as they were declared to be at the tiling of the bill. It had never been denied' that the affidavit was sufficient for the issuing of the writ. Some explanation had been given on the part of Sir George Wood, but not such an explanation as would discharge the writ. There were no averments of Sir George Wood to meet the answer that he was' going abroad, and that the d e b t tees in danger. The very: integrity of Sir George Wood's intentioes, in supposing that! his property left behind might be made anSwerable, might also have prevented hint from removing the objections to thequash— frig of the writ. There was no statement of any arraligement ; by which the debt might be secured. Ha could have no diffi. cults in ordering Sir George 'Wood to pay 30,000/. into Court if the panics should choose, otherwise the writ could not be quashed: - 7 Mr. WgritEnte.t. asked leave to have the Miley now in the hands of the Sheriff paid into Cowl, Mr. lIART had no objection to have it paid in as part of the purchaseemoney. The Loan CHANcEI.I,OR said, that it :might be paid in withoutdrejudice the questions; now before the Court- Mr. Atte! said, that, Sir Gedrge Wood had p rofited 20. per, cent. by the rise in the funds since the ti m e of the con t ract._ if the money were to be paid in, it must' be with le ave to t h e plaintiff,' to ley it out immediately, The Lon n ettaiecre..ion acceded, to this proposition. The' Sheriff must be released from all reeponsibility, and deduct hisecoste, or else receive 'them 'front. George Wood, who: must also pay the costs of this application, as it was in en ap peal from a decree. GoURLAT V. THE WORE 05' 50 MERIET. The LORD CHANCELLOR received an immoderate pile of papers from 'the parties, being a selection 'froin nine or ten times as many, 'which 'were brought up for his selection ; and until his Lordship shall have road them, he declined hearing further argument in the case; VICE-CHANCELLOR'S COURT, Nov. /0. His Honour sat this day during she neeu , stumed hours; but :he business before die Courthad no public interest. COURT OF RINCVS PENCI!, Nov. 10. Mr. Jamea'Snimp atitton whiptelrioceedinis in Staf fordabire and elsewhere have obtained for him so much noto riety, appeared in Coiirt; ' anti pleaded to the indictment for conspiracy, pre.ferred against bird And otheut, by Sir Ororge Jerninghani. The indictment will be tried at the next Staf ford asairks. CLA/tX.I: V. 'r INRASITANTS OF TILE itIYNDRXD OF 111.1MICING. Air. STortxq moycd for a rule 0 atiow cause why t h e %Tn. U rt in tliiii CUe'shoillit hot be set agile, and . a new trial grit. ,. -'d• It waa au action ,a.gttinst the hondretl to recover damages 'sus tained in consequence of fire, uncles I/ Oett. L, commonly call. : ed the Bincic...ttk3 ; and At the trial before Alt. Serjeant R osen ; quet, at Bury S. Ed mun d' s , the jury found a verdict for the, Plaintiff— It appearetl' at the trial that the plaintiff had previ husly received t h e . f u ll arnoi'm t °I . th e 4‘4ll.agg, from an :riv.ir.: ance-ciffice in whi c h•hi s ituaaings weitl iheitred, and the action, utg though carried on- in hie haw, was.fcallY hro,ught for the . he. , :tat of Elie' Office. ' The 'Learned tlouthiel now co nten d e d that - he ones t i , ot to recover , ea the actiott tired by the ,Statute WAS gro u nd e d ors the dens e '"tAined.bY the individual and here theindividual had q i iitaintd l l4:damage. b ut , the- pro- 1 of opihtoh, *si prinelple, reeding wer e i nten d e d to prn tcct a third partr..frorn the effects ?r. ,Jtkatice NYE.gx,.p.nii t 3° 4 i fi:T • h:4j t h ee:': l n : e : "D: d tr* i : t o e'i w t i t u C ElVr ;, ig 3: fl ''el h h * ti t g ct rfjkg e T ri.Cc b l ; l t t e . nt of the s tatute was to N V. ASKEW... Mr. PEARSON moved for'dtßule caning upon the defend ant to show c a u se wh y t h e nonsuit hluiin this actionfor i malt. cious prosecution should not be set - ivae, and a verdict entered for the plaintiff. The plaintiff, who is a farmer at tl i yerbury in Gloucester shire, had land adjoining the hind of a Dr Tunbrell, a Magis. trate for the County of Gloucester : a dispute arose respecting a 1 pathway which the plaintiff alleged ought to run through Dr, • I".'s huid Instead of his; the dispute was referred to arbitra tion, and it wa s d ec id e d t h at the path ought to run through Dr. T. 's land, but the award was never earned . into execution.— The defendant, who was surveyor of tlie•roads, was striking out the path through the plaintiff' s l an d, an d t h e plaintiff pre vented him front doing so : the plaintiff' was then brought be. fora Dr. Tunbrell,' who decided that he was wrong, and con_ victed him In a penalty of forty shillings: the plaintiffWita ad vised to appeal against that conviction, and he obtained the do. content from the defendant, avowedly for the purpose of copy ing it, but with the view of taking it from him entirely: the defendant endeavoured to get it hick, but the plaintiff resisted, and kept possession of the conviction. The defendant went-be fore a Magistrate and took out a warrant against the plaintiff for an assault, and for takingpossession of the conviction against his will, and upon that warrant the plaintiff was committed to gaol, where he lay live days before he could provide bail. At the Sessions the indictment was preferred for the common ' assault only, but the Grand Jury threw out the bill. On the trial at the last Assizes for Gloucestershire the Clerk of the Peace was examined, but he could not produce the original informa tion and the warrant issued thereupon, and the Learned Coun sel for the plaintiff then proposed to give other evidence of its contents, but Mr. Justice Park refused to hear such evidence, and the plaintiff' was non-suited. The Learned Counsel this day contended that such evidence ought to havo been received. --Rule granted. THE KING ON THE PROSECUTION OF JOSEPH ILAYTHORN, ESQ. V. - BRYANT AND OTHERS. Mr. Serjeant PELL moved for a rule to show cause why the Verdict of " guilty" should not be set aside, and a new trial granted. It was an indictment charging the defendants with a conspiracy to defeat a judgMent obtained by the prosecutor against Mr. Bryant, be a fraudulent assignment of his property. The case was tried at the last assizes for Bristol, before fur. Justice But-rough, when, after a very long trial, the defendants were found-guilty. The Learned Serjeant now moved for the rule on the ground that the verdict was against evidence, anti contrary to the opinion'of the Learned Judge. The LORD CHIEF JUSTICE said that he would take an op portunity of speaking to Mr. Justice Burrough on the subject, and if he expressed his dissatisfaction with the verdict, a rule would be granted at once ; if not, it would be better to postpone the discussion until all the facts were brought before the Judges on the report of the proceedings. At a few miniitea before three o'clock, the Lord Mayor, ac. cotnpanied by the late Lord Mayor and the Recorder, came into Court, in the custom ar y f orm . Th e Recorder demanded a 'recognition of the rights of the City as usual, and invited the Judges to dinner; on which their Lordships bowed. The Lord Mayor conversed with several of the King's Counsel, especially with the Solicitor-General and Mr. Scatlett. COURT OF COMAION PLEAS, Nov. 10. LATE FIRE IN WATLIN(3-STREET'. Titunirrir. r. AEATIMON'T. This was an action brought against Mr. B. Beaumont, as Managing Director of the County Office, by Thomas Thurtell (brother of the unfortimate man occulted of the murder of Mr. Weare,) to recover the sum of 2,aOD/., the alleged value of goods insured by the plaintiff, which it was alleged were con sumed by .fire in his warehouse, No. 93, Wading-stiett, Lon don, id January last. The case was tiled at Omldlst) before Mr. Justice PARK, at the sittings after last Term. The de fendant on that occasion endeavoured to show that the tire was' caused by the plaintiff, or with his p rivity; but the jury, afte r hearing the case,, and the opinion of the Learned Judge, gave a verdict for the plitintiff-Lciamages 1,9131., as the value of the goods sworn to have been oh the preterit:4s at the time of the fire. Mr. Serjeant 'Rumor, for the defendant, this day moved fur a rule to sew cause why the verdict should not be set aside, anti a new trial granted. Before mentioning the points upon which he founded his motion, the Learned Serjeant gave an outline of the case as it was prov e d o n th e trial. It appeared that in December, 1822, an insurance was effected in the County Fire-office for 2,a00/., on stock in trade and utensils in' a warehouse, No. 93, Wading-siteet, in London. This ware honse was consumed on the 2 . flth January following, on u Sun day mnrniog, about five o'clock. The warehouse of Thurtell consisted of two rooms on the first floor of the house; the lower part wits occupied as the store of Mr: Penny, a winc-merchant. The plaintiff sustained his case by the evidence of 3 witnesses. The first and most material of these was John Thurtell. The account he gave of himself and of the transaction was, that he:, had been. in business on his own account hi Norwich—that he became a bankrupt, and was then uncertificated. His brother Thomas, he added, had been a farmer, but having failed in that, he came to town and took a pliblic-hbdile in the Hay.. market, for , which he gave 1,000/.. Soon after this, he empleye ed him (the brother John) to, take the warehouse in question for the purpose of selling job-goods. The goods he dealt in were principally bombasina. John Thurtell further stated, that be was the last person in the warehouse on the evening be fore the tire--that he .then raked out the tire; and that he Wes always in the habit of turning down the candle before he left the place in the evening. Arideeooreor Eonieson,the warehouse. man, he mild, left the place before him, about half an hour.— fle,,himeelf left it at half-past five in the evening. He went that evening to the Opera, in company with Enitor and re maineti till it, was over. From thence they went to a public., house or tavern in Piccadilly, called " The Saloon" and there remained several hours. Mr. Easter in his testithony 'stated, that he was in company with 'John Thurtell the whole of this time, and that be parted with him on the Sundey inorning(thit cf the tire) neer Charing-cross, Thtirtell taking the'direction of the Strand, and he (Ensor) going by Whitehall towards West mineter.britige; that as he was pass ing the florae (heads the clock struck tive, so that it must have been within a few niinutes of that hour when he patted froM.Thartell: In his evidence, filburtell atided,lbat after-parting from' Fensor on the morning in question,, he proceedtel slog the Strand up as far as the end of Fleet-street text to Fleet-market ; from thence, instead of going-up Ludgate-hill and'along by his Warehoutie, lie turn ed down into Bridge-street, and from thence throug h Titeir.es street to fearlick-hill, to a house where he hed been - in the habit of sleeping with a woman with whoth he vi , habited. In the evidence of the. woman of this hoiese l it appeared that it was a (platter beanie five when he arrived at home. So (conti nued the Learned 'Serjeant)r there waif here- a diffcrence of tea timony r.S to the time of' his returningefor according to Envies account, it reuse have been.a consideribld time after five when Thurtell get ho m e. It farther appeared t h at John Thurtell hati slept et this home in Garlick-bill every night for some time before, theitgle, according to hianecotint, brother Theme believed' that be Slept on those highte at the premises he Wet: iingLstreet. rfe aide swore e thaf goods to; rat Amount exceeding ,000/. had be.!ir broitght into time warehouse, and that - none of thern had hten , rotOved from •it before the the, except sone piece's eel!i bait 'Veen , returned. It also appeared, that on the day before the fire, goods .tollie amount of 421. had been brought The Lelrd 'chief Justice DALLAS.—What wa.s the value of the geode proved P lilr Sereatit TAnDY.---My Lord, the velure . insured was 2,6(h)1. hot tbe,./tiry`gave a 'verdiev for 1,9131 e as the'Ygne of the geode proved to been been , on the premised at the; time of the fire. Thilicanted . .Serjeatit continued--The proof of the goods in the warelieuee-rested Mainly owthe evidence df a wit ness narned - 1. north-rick .SrioWdeni whir - proved the receipt on * preithes of se Veralrercelt Of goncls, , 46lTiCiftinifte'cottritiy m iii some , from'•l,ehit and Co.; and !Oki finite Totht laid' 00 9 in London, ten of W.-eh:were paid cfttr, 'On'-bitog .. delivertd: at 'did holier in 'Wadioreeitreet. This- *sashed Maven 40 by. a 110 On naintet Fanner, The' tnineipal avitokitif for .tht •klifetidlittit was is tit wserrivihit Witri+Wifeitihrt'beionifitilt to ?VI Pony; whb Sferrt !tithe liaell4iFtire4ittat tadtkittite hottoe: r tiled mated; that on hang alarmed by the watchman, who bud his box oppo. , site the premises, he got up, and came thniegit hie' meson's. ( 31r. Penny'e)storen. lie distinctly - proved that at thietAne ~hertw ee not only no t in the lower part. bf t dolt be bed 'itelfteiiint time to 'remove Several Oskar out of t he .way eefore the lire reaeli ed it. llere the Learned See'seent described 'tile situatioe 'toe the premises. There was, he said, a dohr which comoitroleit ed with - the stairs, and a glass at the side , of' the stair-ease which admitted a faint light to the stairs; but Thurtell p. milers time befell! this had a. strong- door placed higher ifp en the stairs, by which& person in the loWer worehouse, or in the yaks' et the back of it, would be . prevented from seeing any fito Which might be on the stairs.... This door being forced open, the the above was seen. The carpenter . who luul made the door proeiSd hat it was a strong door. On Thurtell'e cross-examination Ile was asked whetherat any time he had talked to any person el tak. g houses, putting goods Into them, afterwards payee:ly removing the goods, stetting fire to the p rem i ses, and then corning upon the insurance for the value of' nil the goods aff - leged to have been destroyed ' To, this he distinctly answettid in the ne ga ti ve . The defendant, however, called a Witeeit. mulled Cowderoy, who swore that, between January, 1821 and 111,4, John I llitirtell a s k e d hint whether lie would coroent. to take a house, insure it, set fire to it, and afterwards claim the value of the property pretended to be toneurned front tse in surcede to. ance...company. This p proposal C 1.4. owderoy refused , tie l'here was.aleo a .converisittion oman sworn' to have taketi piece between John Thurtell and the w with whom 11S:co habited, in which Thurtell, in reply to Rome remark made by the woman, told her not to talk se, or that it would be Sil a he had set fire to the house in Watling•street. !Joon this, how , Sier, 'het(the Learned Serjeant) weidd lay no' stteee. It fursrsaps Feared, that at the • time of the fire, 'Biomes ';'hurtell e tli whis! property was said to have been destroyed to such an amount, WSJ or should have been in the rules of ' the Bench, to whit..a' lie had been removed on an arrest at the suit of his brother joint for an alleged debt of 171.; that" he had some intentiees of taking the benefit of the Insolveho''Act, and had signed his petition for that purpose, and returned all his farming titetieils in his schedule. The amount of his debts 'vas stated at 4,000/. Ile did not, however, go on with his petition, and soon after was released from his brother', arrest. He should observe, that it was shown on the part of the plaintiff' at the trial, that at tide period they had means of getting money; that seine friends of their family in Norwich had expressed their Willing ness to advance them some; and also that a considerable settie was got by the sale of the lease of a public-house (we think in Long-acre) which one of them had had before this. Afar the evidence had been gone through on both sides, the Leath:, ed Judge (Park) who tried the case, in his address to the jut) , observed, with respect to the defence which had been set up to the action, that before they gave a verdict against the plaintiff; it was their duty to be satisfied that the crime of wilfully llck - ring fire to the premises was as clearly brought home to hurt i'r'e this action as would warrant their finding hint guilty of tip, capital offence, if he had been beforethem on that charge. They ought to have as full evidence that Thurtell set fire lb the warehouse as would be sufficient to maintain an indict. meet for the felony of arson againet him, before lily brought in a verdict against him in . the present came. The Learned Judge added, t h at h e would not ens* into the argument which had been Maintained by many eminent men, that the finding of a verdict for the defendant - hi an action like the present, where such it serious charge was Wi ped in the defence set uto . would he equal' to die foiling of A bill by a (Irand Jury ; and that if the defendant got a verdict. he .would be bound to prosecute the plaintiff on the tapirs charge • but he would re p eat , t h at the Jury ought to have in; doubt of the existence of the felony before they consented es give a verdict against the plaireiffon that ground. The beveled Serjeant now submitted, with great deferenee, that the' law. .iii this respect • . had been laid.. down too loosely by the Learned Judge. Ile apprehended that the Jury did hot rem - tire the taut,' positive evidence in a civil action, like that tried, tut would be necessary to e s t a bli s h' t h e capital trime. In the latter caSe every doubt of the prisoner's guilt should be removed beferse they convicted hint. In the case of th e civil aetfon, they 'Might refuse to give the plaintiff damages, because he entertained great and well.founded d ou b ts o f t h e honesty of his coliduct. though such doubts would not be sufficient to warrant the Rua . - ing u verdict of guilty in the capital charge. eilr. Justice buena f I (alt.—liras there a deciaretion in .elee pleadings that ThArtell had set tire to the premises ? Air. Serieant Tan Dr. -No, iny Lora: It was fill rirsuotprit: and that apprehend was what led the Learned Judge astray. The Learned Serjeant then repeated the distinction which he had just before drawn between the civil action and the criminal r karat'. Air. Justice Buttoovero—What difference would thtle be between such a finding for the defendant, and a chirge of arson? Air. Air. Serjeant T e n ove -M y L ord, I apprehend m4 4 lWptriti be if great difference, for in the-- Mr. .lustiee II IT it nou GI if .—'What is there short of felohy, to prevent-the plaintiff from recovering ? . „. Mr. Serjeant '. CADDY .—There might be many things, titY • Lord, which wouldprevent his recovering at all, without any . imputation of felony. For instance; his own culpable neglect. or that of his servants. There is iscase in 14th Ease Of ", Btell and Carstairs," in which a plaintiff' Claimed for a less On 4 ilti. licy of insurance on a vessel. The vessel, It , appeartel, *life seized in cotteequence of not erosseesing a 'certain . paper, and was condemned... It a pp ear i ng that it was the duty'. of the plaintiff to have supplied that paper, . and that the neglect was attributable to himself, lie wax nonsuited.. Mr. Justice, Pense—The impression on my mind et the time of the trial was, that the defehee rested on the inferenck that Thurtell had set fire to the premises. What ditferenee we's there between this and felony ? - . • ' , t fills Serjeant T onny..My Lords, we s ay that J. Thititell was lait on the premises --theft it occurred on ins, part of thent and that no account was given how the fire originatedee-that ha, hid the means of corning there in the night-=and that whets he was informed of the transaction next day, he expreseedllCl star *. prise, but received the intelligence ratherlike something which he had expected. . Air. Justice P A RR —You forgot what yo ur own w i tneses the watchunuf, stated, that he had: been near the place, tied thie no person could have-gone into or out of the • prenueett'beiore the fir,' without his kuowletige,_ and that he saw no p erson .. ' Alr. Serjeant TAIMY—hly Lord, lie spoke to only apart a( the night. . . s, ' ' ' • . e - e Mr: Justice PAR ,K —ltemembrr what Ensor swore, that , he was in the coMpeny ofjohn Thurtell from balf.paet ti ne teckSe). the precedieg evening, end , 'so• continued .until they ported; •at nearly five the next mornings end that during the whole ~f that time Thurtell was never absent from him longer then tee minutes at onetime. Air. Justice flounottotr-oiron objeet to the pleintiff zee being able to act:ouzo for the fire... There are a thousand raises where origin of fires cannot be well aceountetiffer. I think toy Learned Brother Park was quite right ,in his retnarkkto 'the Jury, end the contrary doctrine which , you seek to ektaftirik would 804)11 deatruy all Insurance-Cernpanies, •by depriving them of the public confidence..-. Yo u cannot have yonr rule on this growido ,ss. . • to which I 4110116/h to eallehe 'ti letition of Out tionfehipit. Since this trial we have - cense to the knowledge of Matey iinpor e tent circumstances connected with it, which at that tithe , * had not the means of *nowirig. . A scene of gross Ireudtliae been disclosed on the part of plaintiff, Witachelf - knottin ht the time of triel, would have, , for ever debarred him frotti,reftles vering in the action. I hold .in my hands the iffidovitpfsa, person named Jaren Wri gg leswor ths . whnis. - Svarehotheesien to. Alargrave and Co., of it'oodestreet. The LearnieleBGrjaratt here reed the effidevit,sithiell WAS 11l fOIIOIV3 .: - " James IVrigglesworth, ofnlix-houee; Backeroddelkiiesto. too, in the cotintynl.Middlesex, 'II nenstiraptt; rnaketif bath' arid saith, that in theernonthrof :December laws tide ffeitrheriktOa in the servieteof Thomas tont .4e/title MargraviebertsrWood .7 etreet, Isontion, setuvhouseindli. as' 11013 tid riltid manogeteof - their bueinses e and that, on Of about thettSeenty4ficismitakf of said Iliscember, one ,John liortliwiciteSnowdene'eutd: one John Thurtell; the brother of, the - plaintiff in this. tank, , called at . the warehouse' of the , said ' .ThotriaCentrLatius, Margeaves, in - Wooil.street aforesaid; when seittlohnilorth wick Snowden - ihfortned .this deponent, in the prOsentieslnd hearing of the said Jelin , Thurtell, that he thi'lnsid Jolter Thtst. bad a brother; who wan riebonnbasinonanufactueets 'and wile bad : a quittity of bornbasi'ms anti crapes oseellerinsterfrei untistuilfy cheats, 'Whirl goothe'the deponent then , bought far the, mkt Thomas and Loftus iliergraves es that 'A fe* dart rifterWithis. the said -John Ilerthwick4nowderi 'lolled' again. at tifiettiOd rearehouato and !wealth-ed tti this diporrentsoffierlaeft.Oe ,With *an ineoice. of ialeoftlitent , bealln ~ .- t lite .. ..doly.' a..... dor O. two before,- which .,. ;finodit - .40 e -4 :l l orillwiek ,! tinotvisn inibrreed this deprinent 7be Ore`itu ovizetielly ptern a i ii . tits" to .offer,- and , whieh -he that dideetfer - flestaisehtt*Arty per eent. 'earths* *heftier chit reseal for thetniti the lieitlitxtuiee ; bat this &porta trefused tb, hal the said lisetotensiotied gotlds, alleging al a reason , that they could not beet 1: eit honestly curve !Itt