The Sun. — London, England, 1823-12-19 00:00:00

)I ,}t. 0 1 t4 brN i t ed ber • 44, 4 ,0. CK 4tr 4 / f rFo.4. clh --a/1444 - 1 r 1 '4 NA - SUN. •.• c 0 0,, : cool' ;Joni told urx NUMBER 9773. VERY VAST TRAVELLING. TO DOVER. DEAL. RAMSGATE. MARGATE, AND CANTERBURY. TWA INSIDE COACHES, AND KEEP GOOD TIME, By S. A. MOUNTAIN and Co. SARACEN'S HEAD INN. SKINNER-STREET, SNOW. HILL. LONDON. %IRE following LIGHT POST-COACHES, J ll - and MAILS, tee. set out from the above Inn:— The "Royal Telegraph," DOVER, Deal, Ratusgate, Mar. Pts,Broadstai rs ,C an t er b ur y,F ever sha nt , and San dwich, new *lpelior fast C oac h — every Morning at a quarter past Seven • Clock. In consequence of the decided preference given to the Telegraph Coach, the Proprietors, are determined no Vpence shall be spared to render it the first conveyance on ‘llll Kent Road. _ BROMPTON, Chatham and Rochester, Gravesend, Stroud, Sit tingbourae, Rainbow, and Ospringe, Morning, Quarter -11 est 7.„ The " Tally Ho," to BIRMINGHAM, in 13 hours only, : i n o d driven through with two Coachmen, fast Day Coach, Market Street , Dunstable , Brichhill, Fenny Stratford,Stoney •Stratford. Towcester, Weedun, Daventry, Dunchurch, Co y, and and Stone Bridge, to the Castle Hotel and St. George's tern, High•street, Birmingham, to Shiffnall, Wellington, Zridgenorth, Shelton, Shrewsbury, Salop, Oswestry, Nein. nicb,Tarporley, Bangor, Chester, and Holyhead.—ln Mtn llrq.uei nce of the decided preference given to the Tally Ho Coac h , the Pr opr ietors are determined no expellee shall be spared to render it the first conveyance on the Birwinghatn Rood. The "Soverei g i n," New light fast Coach to FALMOUTH, Plymouth, Exeter, Truro, Bodmin, Penryn, Ashburton, Tot nsoo, Dartmouth, Weywouth, Dorchester, and Salisbury, !very morning at Seven; through' Honiton, Axminster, li ridport, Ilkodford,Stockhridge, Sutton, Basingstoke, Hart fordliridGo, 111.1cliwater, and Bagshot. W OLVERHAMPTON, Dudley, and West-Bromwich, through Coventry, the only Day Coach, Morning, at a quer er before Seven o'Clock. 'Cite only Day Coach to NVEYNIOUTH, (driven through, With Two Coachmen only), through Bagihot, Illackwater, limingstoke, Overton, 'Whitchordi, Andoier, Woodyeats, Catlimore, Salisbury, Blandford, and Dorchester, at a Quar ter Past Five o'Clock in the 'ltlioning. Packets front tVey. Mouth to Gu o rn f ey„,7ersey, Cherbourg, St. Maloe's, &c. "err tVednesday and Saturday afternoon, at Two o'Clock. WARWICK and Leamington Day and Night Coaches. u :rbe " Union,"SOUTHAMPTON, Lymingtott, Lyndhurst, ,7 111 thester, Basingstoke, Hartford Bridge, Black water, and "'Kohut, New :Four Inside Coach, every Morning at 8 o'Clock I 4 " .1, es at the Coach and Horses and Vine Inn , Southampton, 1, 'r iive o'clock. This is a most Conveyance to the I s leof m ig h t , J er s e y, Goernsey, St. Malues, Havre de Cherbourgh, &c,—The Proprietors of the above ,"nsrli hope to receive a continuance of that support which " 41 hitherto been experienced since the commencetnenVof t he " union." New light Day Coaches to DORCHESTER, in 14 hours „.'nly, through Bagsbot, Illackwater, Basingituke, Overton, whitelturcli. Andover, Salisbury; Wood) eats, Cashmore, and Blandford, at a Quarter past Five and Seven o'clock its the morning. nATH an d BitistOL Post-Coaches, through ChiPpen. hoot, Caine, Marlborough, It ungerford, Newbury, and Read ing, eve!) , Afternoon at one ; arrive at the Greyhound Inn, Bath, the London Tavern, Thomas-street, and Swan, Bristol, early the next Morning.—Coathes to Wells, Bridgewater, Taunton, and Plymouth, at reduced Fares. 'l'kc Umpire," a New LIVERPOOL Light Coach, only one Night on the Road, carrying Four Inside, sets out Daily at One; arrives at Liverp oo l next afternoon, through Wo burn, Lathbury, Northampton, Wel ford, Lutterworth Hinckley, Atherstone, Litchfield, Stone, Newcastle, Knots. • tord, i Warriug!on, and Present. • KENDAL, Lancaster, Preston, Kirby-Lonsdale, Bolton t‘ustley, Oimskirk, and Garstang Light Post Coaches, every 14 / 1 " 41 4 and afternoon. The Royal Express," New Light Four Inside Post Coach, pl LIVERPOOL*, i 6 hours only, through Warrington, feteot, Congletun, Lawton, Newcastle, ltudgly, Knutsford, t t "e, Stafford, and Litchfield, (only One Night o n th e t „ a d) every Afternoon ; arrives at the Sar a c e n' s H ea d 's Dale-street, Liverpool, next Afternoon. The ad van . ' a ges to !travellers who honour this Coach with their pre. !pnee are far superior to any other on this Road, as th e r t°7l , l Express" is driven throughout with Four Coachm e n 'llly (TWO less than any other Coach to Liverpool), a saving 10 Passengers too evident to require comment; besides the additional advantage, especially to Commercial Interests, of Performing the joiirney in less time than any other Coach ; 14 4) notwith stan di ng i ts c h eapness an d ex p e diti on , th e P ro . r!aturs pledge themselves that for safety and accommodation tCu equalled by few, and shall he surpassed by none. ST AFFORDSHIRE POTTERIES, a new light very fast Caftsh, ev ery a f ternoon, to L anen d , Stoke, Shelton, Burslem, t11 "tell, Lawton, thinly and Hohnes.Chapel. This is the "Ng_ Coach direct to the Potteries. WAKEFIELD Four inside Post-Coaches, every Morning kad Afternoon, at reduced Fares. No e r ti th EBl 'Eß,Newport, Whitechurch,Tarporley,Namptwich, "`" -c usand Middlewich light Coaches. every morning and afternoon. sTANI FORD light Post Coaches every morning and after. lelco,n, through Baldocis, Biggleswade, St. Neots, Buckden, s it,n,rie Stilton and Wandsford. I ,7 4 ItLAND, Stockton, and Yarm Light Post Coach 4 i' ver ' - " En ing by w v f Newark, Retford, Doncaster, 11';‘, C i r i L b t i Vg e .'nZde4ti.4 1 ,ba o rlington, Northallerton, Durham, i t , 'and Berwick, and arrives at York the next Morn. et at reduced F aros. D • through with Four Coma. mantsly arcs. Driven itltlrney, Passengers finding themselves fatigued sin the InaY rest svhat time they please, and then proceed without any additional Fare. M r ARLDOROUGH and Swindon, four•insitle Day Coach, ;l nag!), Aldhoirrn, Reading, Lambourn, Purton, Lydington e I w itY, Woott on Bas se t, R am snory, Hungerford, Newbury ~ Maidenh ea d. D r i ven throug h w i t h O ne C oac h m an only. 1i0„6,0u New Royal Patent Mail, BOSTON and Louth, through C ambridge, Huntingdon, Stilton, Peterborough , it7eP.!"gs Spalding, Spilsby, Alford, Grimsby, and Hull, C. at Half past Seven o'Clock, S.unday, at a Qaarter store Ncven it)ailLeis,LE E xp . ress," a New Light Four-inside Post Coach to •Permit!), and Whitehaven, with a Guard all i:FwaYs passes through Appleby. Wong!), Bowes, Gfeta bine Richmond, Catterick, Borouglibridge, Ferrybridge, 19Peaster Newark, Bawtry, Grantham, Stamford, Gress ra, Stil ton, Biggleswade, and Baldock . Sets out in the lt °r4i ngs andperforms the journey with the greatest h t i ti t et reduced Fares. Passengers detained on the Road by N u nisi or pleasure, have the peculiar advantage of their being secured in the next Coach .-- The only direct ~:,, ,,. " New Royal Patent Mail, CAMBRIDGE, through K i r fc Euntingf u rd, B uc kl a nd, and Roystun, Evening, at siillast S e v en o ' Cl oc k, S un d a y, a t a Q u a r ter before Seven. c ch it tEsIVSBURY, Wellington, and Shilfnal, Light Post- B A I every morning and afternoon.—Guarded. fastrNSTAPLE, Southmolton, and Crediton, New light te gi ,"fru s le s h. every Monday, Wednesday, and Friday Merit even o'clock. • Rockingham," LEEDS light Post Coach, sets out Afternoon at Two; and passes through Baltlock, Big %.,,wnildes Eaton, Buckden, Stilton, Wansford, Stamford, ifitVani„ Grantham, Newark, Taxford, Markham. Ploor, % A rt, Bawtry, Doncaster, and Ferryhridge, arrives at time ,i e t ri Lion Inn, Leeds, next Afternoon at Three &Clock, tio d fin' the Bradford, Halifax, Skipton, and Huilders;- C AO. "C 61 1) at Reduced Pares' (driven through with Four vale Zg Q rstm th . " aaly).—Litggage and Packages only 2cl per lb.— is 41, standingliie uncommon Expedition of this Coach, it et w ed to be the most agreeable and complete Public, Con ?ee on the North Road, being unequalled by any other. AftettltßOWOATE and Ripon new Light Post Coaches, every oir s an at Two and Eight in the Morning. • Ito (4 °W, Ldngtown,Gretna-green, Annan, Dumfries, knit-4 0 M, Thornhill, Stinquhar-Kiin, Cannw". Kiogswell, Thy i l'arts of 'Scotland, a light Four inside Post Coach daily. TailY Ho," COVENTRY light fast ro ugh , every - Du ng g,ltt a quarter before Seven o'clock. through Redburn, 4nd bum, Stoney Stratford b .Toweester, Weedon, Daventry, fop,Ho4church, to Warwick and Leamington. Ha Ape Bridgencirth, - Walsal, Shrewsbury, and Se ihe.,e,w,light fast Coaches, every morning and afternoon , Stind ' 4 xPrettl,” to YORK Scarborough Whitby, Shields, ens ow s • 4 4 1 16twcastle, and Edinburgh, a NAW Ugh'. s et s Post ' C ° 4611 ) 'with a Guard throughout ; sets out . . ivory Morning to the George Inn, Sunderland; at reduced rams. Mountain's " Express, Umpire, and rally Ho," . to MAN CHESTER, Winslow, Congletun, Newcastle, Walsal, %Vol rerhanpt on, and Knutsford, new Four Inside Day and Night Coaches, three times a-day. SHEFFIELD and . Rotherham New Four inside Post Coaches every Morning, called "The Express," and also " The. Rockingham," every Afternoon, at reduced Fares. The " Royal Express," New BIRMINGHAM Light Fast Night Coach, in IS hours, sets out every afternoon, carry. , ing Four Inside only; passes through Warwick, Leaming ton, Southern, Weedon, Daventry, Stoney Stratford, and Towcester, to the Saracen's Head, Bull-street, Birming ham, early the; next Morning. Driven through with Two Coachmen only. The " Express," a New Light Post Coach, to HULL, Lin I coin, Northcove, Howden, and Doncaster, every Morning at Eight o'Clock, to the Cross Keys, Market-place, Hull ; and also the " Rockingham" in the Afternoon at Two o'Clock. The HERTFORD,Ware, Hnidesdon, and Cheshu ot Coach. TO'CIENHAM and Edmonton Coaches daily, at Eleven, Half-past Two, Five, and Eight o'clock. l' o e At Reduced Fares to Leeds, York, and Doncaster, Luggage and Packages at only 24 per pound. S. A. NIOUNTAIN . and Co.: respectftilly acquaint their Friends and the Public, that they, will not be accountable for any Parcels. Passenger's Luggage, Writings, Plate, Sic: of more than Fire Pounds Value, if lost, stolen, or damaged, unless entered as such, and the Insurance paid accord ingly, at the Saracen's Head In' , , Skinner-street, Snow-hill, London. ALBION FIRE AND LIFE INSURANCE COMPANY, NEW BRIDGE,STREET, BLACKFRIARS. EMPOWERED BY ACT OF PARLIAMENT. CA PITA L—ONE MILLION. iNSURANCES falling due at CHRIST. MAS will expire, unless renewed within Fifteen Days from that period. The Company's Rates and Conditions are of the most rea sonable description :—no Charge is made for Fire Policies, when the Premium exceeds ss. :—no Admission Fine is charged on Life Insurance :—a liberal commission is allowed to Solicitors, and others, who effect Life Insurances I—and every facility is afforded by which the interest and conve nience of the Public may be promoted. WARNER PHIPPS, Secretary. THE COUNTY FIRE-OFFICE and PRO VIDILNT LIFE OFFICE, REGENT-STREET, were the ORIGINAL OFFICES which effected Insurances upon the principle of combining the Security of an adequate and Permanent (40 p tri 1 (in addition to the fluctuating Funds aril- ing from the Premiums), with the beneficial rule of return ing, at stated periods, the Surplui of the annual Premiums to the Contributors, after paying Losses and Expences. The importance of this Improvement is acknowledged by extra ordinary public approbation,and by the numerous imitations of it, which New Offices have lately offered, and which older ones have adopted, in changing their Constitutions.-- The principle is of chief value, because, as it yields, by the Specific Sums insured, and the Return of the Surplus, the fullest Value for the Deposits, persons have no reasonable motive for venturing on the lure of reduced and insufficient Premiums proposed to them Ly AdventUrers, and which has led to frequent instances of dissappointment and ruin. CAPITALS, A MILLION STERLING and upwards. SIXTY-FIVE THOUSAND PERSONS have sought pro tection in the COUNTY OFFICE, and have found it. CLAIMS have been paid to Sixteen Hundred Claimants. Exempt from the Expences of Lawsuits, and also from the sacrifice of an enormous Commission to Agents, to which some New Offices submit, to induce them to canvass for busi ness, great accumulations have been made. In these, per sons who now Insure participate equally with the original Members. RETURNS of 25 and 20 per cent. in consequence, have been tnvariably paid to all persons who bare continued In sured seven years, upon Annual as well as upon Septennial Policies, and whether they have been Claimants for losses or othdrwise,—,C42,ooo have bean returned in this way to about 28,000 persons Insured, within the last nine years-4n im portant advantage which no other Insurance Office existing has afforded. BONUSES of 131. 13s. and ,61. 12$. per Cent. bare been p‘iid on Life Policies. _ *** Agents are appointed in all the principal Towns. TO . COMMEMORATE the (so near) FL NAL CLOSE of LOTTERIES, Government have given the immense Number of SEVEN of sCio,Ono! being between Two and Three Times the usual Chance of obtain• ing Prizes of that magnitude. The Drawing will commence 19th FEBRUARY, when the TWO FIRST PRIZES will have Z 49,000, ALL MONEY, Extra cavil ; and when, in fact, ALL ARE PRIZES! as every Blank will become a New Ticket, or receive Ten Pounds in Money, at the option of the Holder. FRIDAY, DECEMBER 19, 1823. LACY INTELLIGENCE COURT OF CHANCERY, Dec. IS. courule v. TURUPP. Mr. MIN VIC said, he understood his Lordship had yesterday made an order in this case , that a Receiver should be appoint ed. It is a case in whi c h two coal merchants who were in p4rtnership.had dissolved their co-partnership, and if he (Mr. H.) had been in Court at the time, he would have suggested that the parties themselves might beat liberty to propose them selves. His Lonnsurr had no objection to that; and would add to the order, that if the Gentlemen had good sense enough to call in a third person to settle their affairs, they might then apply to have the receiver discharged. THINITXIIOU3r V, SMITH. Mr. IL%RT made a motion on behalf of the defendant, Mr. Smith, administrator of his father's estate, to have accounts taken in the Master's (dike, of the trust property in the ma. nanagement of the Triqtylionse. The late Mr. Smith ob tained a lease from the plaiatitfs in the cause of a certain Rock at Penzance, upon whichNiassiild a liet,hetare, and letters pt_ tent were granted for that purpose, giving leave to collect the. usual tolls from the vessels that might pas s , a s l ong as the light should be properly supplied. Mr. Smith laid nut .40,0001. in the erection of the house, and involved himself so much there , by, that the Trinity House filed a bill for the preservation of the property, and praying that a manager and receiver miglit be appointed. That order was made, and the Wardens of the Trinity House were themselves appointed the.inanaaers, who were to provide the necessary oil, lamps, &e. and out of the profits were to pay certain annuities, and the surplus to At r. Smith's family. Mr. Smith, jun. now complained that provi sions had been too lavishly made for the house ; that, in fact, the agents at Penzance were not acting bona fide, and therefore prayed an account. This motion was opposed, on the ground that no specific charge of misconduct had been sufficiently made out, and that going into the Master's office, according to the terms of the notice of motion, would totally ruin his property, which is well known to be extremely useful to the public. His Lonnsitir thought that Mr. Smith, an encumbrancer, was clearly entitled to have accounts rendered to him of all the receipts and payments from the -Trinity-House ; the order, therefore, was, that these accounts should be furnished to him, and if he should then think proper to apply to the Court, coin. plaining of any particuh:r item, that he should be at liherty to do so, and that the application, (if to be made), should be made at the next seal. VICE-CHANCELLOR'S COURT, Dec. 18. GREENWICH HOSPITAL. On the Vrce-CRANCELLOR taking his scat, Mr. SCOW: ie said he was requested to mention, on behalf of Sir Charles Long and the other trustees of Greenwich Iloepital, that in a case of bankruptcy the Commissioners had refused to receive their proof of a debt due by the bankrupt to the hospi tal. The trustees had in consequence presented a petition to the Court to compel the Commissioners to receive the proof, as it was necessary that the proof should be received on Satur day. His present application was, that the petition of the trus tees might stand on the head of the paper. for that day. The VICE-CHANCELLOR gave the direction accordingly. MEUELST v. COSTAU. Mr. WINGFIELD, on the behalf of the defendant, moved for the dissolution of the injunction granted in this cause. The defendant had brought an action upon a bill of exchange ac cepted by the plaintiff, and obtained a verdict of 1,0001. m the Court of Common Pleas. On a motion for a new trial, an order was made by consent of parties, that a verdict should be taken for 7501. instead of 1,000/. The plaintiff, however, afterwards became dissatisfied with this arrangement, and filed his bill for an injunction to restrain execution, which was granted. Mr. HEAT.D appeared in support of the injunction. The action had been brought in the Court of Common Pleas on two 'bills of exchange, which had been - given by the plaintiff, an inexperienced young man, to Hants, an advertising money lender in the metropolis. Hanoi endorsed the bills to the de fendant, who, in his answer to the bill in that Conrt, stated that he was liants's agent, and that he gave him value for the bills in watches, musical snuff-boxes, lavender water, sponge fish-sauce, &c. The Learned Counsel said, that fig was con vinced that this representation was false, and thought that the defendant ought to be compelled to give a full account Of all his dealings with Hants ; when he believed it would turn out that no consideration whatever had been given for the bills of exchange. The Learned Counsel was proceeding to state sus picious circumstances con necte d w i t h the alleged, dealings be tween Hunts and the defendant, when The Vice-OtrAercer..Lon said that he could not perceive that the plaintiff had any equity. Mr. HEALD observed, that in the case of Whittle liarvey, though the,re had been a verdict, the Lord Chancellor was of opinion that there was that sort of fraud which could be better investigated in a court of equity than before a jury, and be (Mr. Heald) understood that the Lord Chancellor's view of the case had received hi e H onour ' s a pp r obation of the decree. The VI cticLo n said, that wherever it turned on the decision of a single fact, such as consideration in Which a court of equity and a court of law bad concurrent jurisdiction s court of equity could not, without confounding all principals, interfere with the verdict whiclimight be given in a court of law. In a case where the jurisdiction of - the two courts was non-con current, the practice was different, and such was the case of whittle Harvey. Mr. WAXEFTELD submitted, that In a case where an indi vidual bought a bill with goods from a young man whom he knew to be distressed, and to want the goods only for the pur pose of raising money on them, there. was a peculiar equity which called upon the Court to interfere, and say that the goods should not be charged for their intrin sic or marketable value, but only for the sum which the young man had sold them for. That principle had been laid down by. Lord Thurlow, in the case of" Vansumer and Barker." His Lordship said that the case had been argued as if the transactions between the parties were in the common course of trade; but it was, he observed, necessary for him to examine whether, under the mask of trail ing, there had not been a lending of money at an extraordinary rate of interest. He finally decided, that as the only object of the dealings between, the parties had been to supply the neces. sities of one of them, a young man, the goods should only be charged far what the young man sold them for. The,Vice-CitAircELLoit said that lie would always follow the principle laid down by Lord Thurlow, but it was not ap. plicable to the case then before him ; for it was not stated that the plaintiff had ever obtained any goods. Whatever hisjapi nion of the cue might be, which he was not at liberty to express, he was excluded from interfering by the verdict of the court of law, He therefore ordered the in j unction to bodissolVed. COURT OF KING'S BENCH, Disc. M. /MITI/ V. VIDISOLA. This was an action on a bill of exchange for 3601., which had been paid by a check Afterwards dishonoured, and on which the plaintiff contended he had still a right to recover. It appeared that the bill in question,* which was drawn by the defendant, and endorsed to the plaintiff, was made payable at the house of Mr. Ilesurnerea, Freeman's.court, Cornhill.. On the morning of the clay when it became due it was presented there, but it was not then paid ; and on being presented again in the after part of the day, a check of Mr. Beaumeres was of. fered, which was taken. The check was drawn on Messrs. Willis and Co., and the clerk who received it passed their house in his way home, but did not then present it. Between 4 and 6 o'clock the check was presented, and payment was then refused, as the bankers had not sufficient effects of the drawer to answer it. On that day Mr. Beaumeres absconded. It further, ap. peared s that at this time it was the custom with hankers to give up bills on receiving a check for the amount, but that;it was now usual to retain them till they knew that the check would be paid. Mr. MARRYAT, for the defendant, contended that the plain. tiff's agents ought not to have taken the check, but should have insisted on cull, which probably they might have obtained, had they pressed for it; and that this was more eepeciallY their duty, after the demur as to payment which had occurred in, the morning. It was also probable, that had the check been prompt. ly presented, h would have been paid. . The 'clerk of Messrs. Willie and Ca. being recalled, by de sire of the Lord Chief Justice, in reference to this last point, said that the check certainly would not have been paid at any tim e t h at d ay, as t h e y had only 2131. of the drawer in theii hands. The Loan Ciur.r Jusvcr said, the practice of taking checks in gayment'of bills of exchange had prevailed's° long, that he could not say a party was guilty of gross neglig ence w h o acted on so p re valent a custom. The only question h e cou ld leave to the J ur y was ) whether the circutnstanae of the bill :sot being paid on its first presentment in the morning, Ought to hare awakened the suspicion of the Bankers. They would:best know whether there was any thing uncommon in tho non-pay. mentor a bill a t an h our i n the morning when the principal had often not arrived at, the office. The Jury immediately found It verdict for the plaintiffs fcr the amount of principal and interest—Damages 8661. ItEID ANT) CO. th SOLLY AND. CO. This was an action of trover, to renovera policy offinaurance, alleged to he the property of the plaintiff*, and converted by the defendant s t o their own use. The parties are Merchants of the highest character, and the action was brought to try a bare question, as to which of them bad a right to the Policy. The cause has been already tried, when a verdict was found for the. plaintiffs'; but, on the application of the defendants, a new trial was granted. The policy in question was effected by Messrs. Reid and Co., as the agents of a Mr. Trelessin, on the ship /si r . A s Mr. Trelessin was l arge l y i n d e b ted to them,' they retained the policy in their own hands, as a security for the repayment o f their advance s . Wild While they thus held it, Mr. Trehaishuaked leave to take it, in :Nder tin't4hOW to underwfliers, wfirlad also insured the vessel, the amount for which it was insured; they accordingly delivered it to him ; and it found its way into the hands of Mr. Horace Sony, the brother of one of the defendants. Mi. Horace Sally held it as a security for the debt of lit'. Van haughton, who handed it to him ; and the present defendants, having taken Mr. Horace Sally's business, and }mule advances on his behalf, received this policy among other securities, and now contended that they had a right to retain It. Mr. ScauLETT contended, that the plaintiffs were clearly entitled to recover. They had a lien on this policy as against Mr. Trelessin; with that lien they never parted : when they placed the instrument in his hands, they only made hint their agent for a specific purpose; mitt he could convey to others no better title that he himself enjoyed. The right of Reid and Co. had never been divested, and therefore they still had an undoubted right to the policy. Mr. GtirtikzEy, for the defendants, called Mr. Horace who stated that he obtained the policy from Mr. Vanhaughton by pressure, and that he had no knowledge that Reid and Co. had any interest in it ; and that the letter of orders was handed over with the policy. The Learned Counsel con tended, that the instrument being obtained by pressure was legally obtained, and that Reid and Co. subjected themselves to the loss of their claith when they gave up possession of the _ MT. SCARLETT, in reply, argued that it was not obvious the policy was merely given to Horace Solly, who had an insurance on the same vessel, in order that he might ascertain that the whole sum insured exceeded the value of the cargo, and that he was entitled to a return for short interest. The .LORD CHIEF JUSTICE left three questions of fact to the jury; firit, whether , the policy was delivered to Mr. Horace Solly as a pledge—secondly, whether Horace Sully knew that Reid and Co. had any claim on the instrument ; thirdly, whether the defendants had ever advanced money on the security of the policy. In reply to these questions, the Jury found, that the policy was not delivered to Mr. Horace Solly as a pledge ' • that Mr. Horace Scilly did know of the claim of Reid and Co.; and that the defendants had made no advances on the credit of the policy. They then, under the direction of the Lord Chief Jus tice, found a verdict for the plaintiff, with a shilling damages, the policy to be returned, subject to the question of hew, if any can be raised, on this finding. WRIGHT AND OTHERS, ASSIGNEES OF GOLDING, v. LAING. This was an action by the assignees of Henry Golding, a bankrupt, on the statute of Anne, to recover OM., being treble the amount of monies lent by the defendant to the bankrupt at usurious interest. Mr. MARRYAT stated the case on behalf of the plaintiff's, who sued, though unnecessarily, as the assignees of a bankrupt named Golding, because the statute againit usury authorised any person to sue for the penalties. The bankrupt had kept a public-house, and having been supplied with hops by the de fendant, was, in April, 11121, indebted to him in the sum of 1481. lls. od. At this period, Mr. Golding wished to borrow NU, and Mr. Laing agreed to lend him that sum for six months, on receiving 221. 10s.; that was the moderate interest of 15 per cent. In pursuance of this illegal contract three hill s of exchange were drawn, including the debt for hops, the 300/. loan, and the usurious interest, whiCh were duly paid. This transaction would be distinctly proved by Golding, whose testi. mony would be strongly corroborated by respectable witnesses. The formal prod of the bankruptcy, rendered necessary 11:?' the description given of themselves by ths plaintiffs, was adduced. Henry Golding, the bankrupt, was then examined.—He said, I was a publican, and did business with the defendant. On the 25th of April, 1820, I made ei purchase from him of bops, At six months' credit, allowing three months' interest. The amount' was 143/. I Is. Id. A short time previously I applied to him 'for a loan of 300/. or 5004 Ile at first objected, but wished to know what I considered a handsome remuneration ; 1 said my distiller allowed me 101. per cent. for discount for ready money, and I would give him the same. Mr. Laing objected to this, and said his Money was worth 20/. per cent. to him ; h e was building houses in the Commercial-road, which 'yielded that profit. We then parted ; but on the 25th of April he called on me,and asked me if I had obtained the money to pay my discount; I said I had not ; he asked me to come and take a chop with him, and he would ace what he could do. I went and dined with him ; the Subject of hops was introduced ; he proposed. to sell but I objected to purchase ; he, however, prevailed on me to buy. I then adverted to the loan; he said Ns low es t terms were 15 per cent; I hesitated, but at last agreed. Ile reduced the terms into writing, put the paper in his desk, and told me I might go home and arrange my debts, gave me a check for 3001. and stated that bills should be drawn at 6 months, includ ing the Imps, the loan ' .and the interest. I received th e cas h for the check myself at Masterman'o, in pursuance of the re commendation of Mr. Laing. The account delivered on that day included MIL lis. ld. for hops, and 3221. IDS., as money lent, io Mr. ,Laing's handwriting. I believe the total sum to be written by Mr. James Laing, jun. I paid Mr. L a ing a v ery small sum of about but I'do not clearly remember. lie then 'drew the 3 bills of exchange produced, on me, Width were all brought to me for acceptance, and which I accepted. All 3 have been paid : one was for 1501. 10s. Id., dated the 28th of April ; one for 1581., dated 29th of April ; one for 1821., dated sth May—all payable 6 months after date, to the order of Mr. Laing. I paid ail the bills. The witness was cross-examined' at great length .by Mr. SCAMATT. admttted that Mr. Laing had f requent ly lent him money, and discounted bills for him previous to this trans action ; but denied that they made any p art o f t h e stun secured by the bills in question. On being pressed, hu recollected one sum which he had before forgotten. lie also acknowledged that Mr. Laing lent him 2801. more before the bills becameAtte. Proof was given_that the checks by which Mi. Golding said the bills were paid were duly honoured. To confirm the statement of Mr. Golding, Mr. Pounce anti M. Woodbridge, two of his creditors were called. They said, that after the action was commenced, they went, by invitation of the defendant, to inspect his books, anti. wrote down particu lars of what they saw; but the most important memorandum was not made till afterwards. Mr. Woodbridge reeollected an obliteration in time hook , and thought the book now produced by the defendant like it, but not the same; to this, however, he couid not swear. Mr:SCAIII.XTT addressed the Jery for the defendant. He urged that in an action so highly, penal, the plaintiffwas bound to make out his eels in a manner the most plain, and the frerst from objection; but it would appear th a t he did not very clear ly understand it himself, since he thought it necessary to state it In 20 ditlerent ways up . on the record. The Learned Counsel reminded the Jury that, in order to sustain this action, not only must the usurious bargain be completed, but the usurious pay ment made ; and if the 21101. admitted as lent by the defendant were specifically given to take up the bills, the payment had never been made, even if it ever was aggreed for. lint he con tended diet it was not agreed for; that the 22/..105. might be satisfactorily' explained on inspection of the account, without supposing usury ; and that tiro memory of Alr. Golding was much too frail fir them to rely on in a case where the nicest ac etiracy of dates and sums Was requisite. The conduct of Mr. ',Ong, in allowing hie books to be inspected, manifested the ctineciou sties* of innocence, and they would nev e r su r e ly on suc h evidenee as they h a d h ear d presurne his guilt. The Low Cm Et JUSTICE, in his charge ' expressed his assent to the doctrin e th a t to r e nd er th e defendant liable to these penalties', he Must actually have received the usurious interest; and if the bills were renewed, or if money waaadvanced speci fically to pay them, that interest was not paid; but a general loan between the same parties would 'not take the case out of the Statute. lie left the whole question in the hands of the jury, satisfied that they would not find a verdict against the defendant unless they were satisfied that the charge was made. PRICE SzvrNrrdccr.. out against him; bin that if they were - so satisiLti, they wettia not shrink from the pribrmance of their duty. The Jury retired for a considerable time, and then limn& verdict for the plaintitr, Lfor the amount of the petutitidis • claimed -90a COURT OF COMMON PLEAS, Dec;110. SOASIES' 0. JACKSON. Mr. PARK opened the pleadings. This was an action brought by the plaintiff to recover a loss upon a policy of insurance, dated April I, 11118. The declaration stated, that in consider ation that the piaintiff had paid to the defendant, who itethe recognized representative of the Pacific Association tbr the iii suranee of ship, the I.tremitun of 124 12e. per cent. on the ship Pilot, valued at 8,0001., the defendant. had undertaken 0 ift detnnify the plaintiff against any losses suffered by the ship, from 12 o'clo c k at noon on the lath of February, .1,1118,•to o'clock at noon on the lath February, Ilil9. The interest Of the policy was averred to be itt the plaintiff: The deelittratiON further stated, that the loge was sn average lose oceaeioned perils o f th e sea. The defeadatis pletuled non arnimpeit, and on that point issue was joined. It appeared from the statement of Mr. Serjeant PE LL, that the not had been employed in 1817 by Government to take nut convicts to New Holland, and that elm hod been engaged till the year 1820 in navigating in different, part* of the Sou than Ocean. On the 27th of Deeember, 11117, she arrived in Van Dieglen'S Land th e sailed from thence to Batavia on the 11th of January, 1018, where she arrived on the lath of March. She stayed there till the 6th of May, when she *ailed to Pert Louis, in the Isle of France, where she arrived on the lit of June. It was on this latter voyage that the loss took place, for which the plaintiff' sought to recover. The questions which the Jury had to decide were—first, was th e ship sea -worthy on the lath of February, 1018 ; and if she was, was the loss she had suffered an average loss, or only ordinary wear and tear P Ile contended that she was perfectly seaworthy, and therefore that his client was entitled to recover. The Learned Serjeant called several witnesses to prove the seaworthiness of the vessel on the 18th of February ; and alio the loss which the vessel had subsequently sustained on the 11th of May, by a heavy sea, which lasted four.a.nd-twenty hours. Mr. Serjeant Variorum, on the other side, contended, that the ship was not sea-worthy on the day when the policy began to attach, and called severa l w i tnesses to prove that she had been very leaky previous to her leaving Van Diemen's Land ; and also that she had lost a very large quantity of copper before she arrived a t B atav i a . li e likewise put in a lett e r o f the Cap tain's, stating th at t h e vesse l h ad arrived at Batavia in a sink ing state. Mr. Serjeant PELL replied upon the evidence; and sherd that there could be no truth in the declaration of the Captain that the vessel was in a sinking state when she entered Batavia, by the fact that she sailed within two days from that port with a freight of 300 or 400 tons of rice. The Ja.y, after the Learned Judge had made several obe nervations upon it, returned a verdict for the plain tiff:,-.Dama ge a 8004 subject to a referen ce t o M r . ( B ennie, to state what the e tra l i os la loss was s e ab fo o r more per cent. The trial than 8 hour s . average ASSIZE INTELLIGENCE% RENT WINTER ASSIZES—MAIDSTONE, Dac. 17. • Thomas Edney was indicted for assaulting Ann Rockall, on the King's highway, on the 3lst of July, and robbing her of a bundle, containin g v ar i ous articles of wearin g app ar e l The prosecutrix stated, that she was servant in a Gentle. , man's family residing at Sydenham. In the evening of the, 31st of July, she took a place, at the Elephant and Castle, on the Sydenham coach, to go home froni London. She WAR put , inside, there being no other paasengers. In the course Orthr journey prisoner waa also put into the coach; they fell into, conversation, and the prosecutrix freely communicated to the prisoner whither she was going. The prisoner told her that he was a relation of her master, - and said he would be happy to see her home, to which she readily steeented. They were put down on Sydenhani common, sow distance from 'her master's house. She took hold of the prisoner's srni, relying upon his kind protection ; he prevailed upon her to take &short cut across the common, instead of continuing on the high road; in about ten minutes the prisoner stopped, and suddenly seized her by the shoulders behind, d----d her eyes, and said that if she made any alarm ho would but c h er h er; he then snatched her bundle out of h er hands, and beat her sits it ;About her head two or three times ; in addition to this violence he kicked her, and tried to throw her down ; two young men'eame up in consequence of her .screams for help; and one of them said to the prisoner," Is that you, Tom ?" The prisoner re. plied in the affirmative, and said it was only a common wo. man he had picked up In the street, and the young men went on. The prosecutrix called out " Murder" two or three times, and two of the llow.street Itorseliatrol came to her assistance, and she told them of the prisoner's conduct. In the presence of the patrol the prisoner beat h er aga in, and kicked her. The pri. wrier ran ow with the bundle; but in shout two hours atter. wards he was taken in his bed at his lodgings in a public.house at Sydenham. The liow.street patrol :corroborated 'the proaecutrix's state ment, as far as they hall observed t h e transaction. It appeared to them that the prisoner was quite sober at the time. The prisoner left his defence to Counsel. The driver of the Sydenhain coach proved that the prisoner and the, prosecutrix had drank toget h er two or three times be. tween Sydenham and London; and when they got down at Sydenhern.common, they set off together, erm.imarrn, in a friendly manner, the prisoner having the bundle in his hand. Several witnesses gave the prisoner an excellent diameter from his youth upwards. Mr. Justice PARK summed up the evidenc e f or the Jury, and they immediately f oun d the prisoner GaittS Sentence of death was recorded ; but the Learned Judge held out hopes of mercy to the prisoner, on acconnt of his preiiiins good character. Several capital convictions took place for Intrglary and house breaking, but none of the cases were of public interest. • • THE COURT AOUSE. Evay hotly who knows the Town Hall of illaidstone, which the Judges hold their Assizes, knows that the lower Court is very ill adapted for the convenience of business, dependently of it exposed situation. Mr. Justice • l'Otti, bong Senior Judge in the Commission, site in this Courr w which, at the present beam') of the year, in dreadfully COM, In consequence of a centinual thorough draught of air from two doors placed oppo s ite to each other. The Learned Jutigs complained bitterly to,dfty pf this annoyance,. and observed, that whilst the county had lavished •enormoutt sums in erecting a splendid jail ( - Fetich he hoped never to see filled), it bad allowed the Judges of the land to sit in a mean and . Insignia. cant Court, almost at the peril of their lives. Mr. liter:we, the Ilecorder of Maidstone, interposed, and informed his Lordship that the evil complained of would: to speedily remedied, inasnutch as new Courts, an the best 'con struction, were in contemplation. ` Mr. Justice PARK add he was exceedingly happy to hear it, for really the present Court..house was disgraceful to the county of Kent. A MONSTNRe-All infamous attack was made on a female, by a ruffian in the garb of a gentleman, on Tice day night last, in the neighbourhotxl of Orosvenor.wqoare. Ntvi I.x, a young female of respect a bl e connexions, wail, ' shortly after ten o'clock, proceeding through Milant4treet, on her return to her residence, near Covent.garden„ when she: w as accosted by a man of fashionable appearanee,.who rather rudely . made some approaches to her, which were repulsed t he still cot,_ tinned to annoy her, and used language of the lliostilisgt sting kind ; she became alarmed, and was about to retreat; wh ett .l it caught her round the waist, and stabbed her with a sharp lastra. meat in the thigh ; he was about to repeat the blow, bdt'she screamed aloud, and the cowardly miscreant ' fled. The poor girl, with very great difficulty, walked into firesvenor.atreet, where she sunk senseless on the limes of a door. A gentlemanwho was passing o bie rve d her, and instantly gave 'sortie finutSy to two WOOIC3I t o ass i st and rettoreher they did to with theold of some volatile salts, and she related the horrid attack to ilea by-standers, observing she s hot i ld 'k n o w l b Monster, ei Ida ;he was of middle sire, dark complexion, bushy Whiskers, and. had an extremely foppish appearance and affected airs . The gentle 'man who at fi rst v o l unteere d hi s serv i ces, perceiving AlJss oily to be outlining acute pain, had her remavinl by the Watils, Man into a house, and th e W oun d d ressed by a surgtort which she was sent home in a coach. This is the forted; Atteek of the kind, and apparently by the same miscreant, within slew days.—Bee the Ai arlboraugh.stsset polio *mom THE SCHEME CONTAINS 1 .... of t1:0,000 AU Money £eo,ooo 0 6 5211....1,000, 600, 100, 100,, 50, 12, and 10.... 70,C36 Every Blank (before 10th March) £lo'.. 70,000 0 Last 1,000 Blanks, Second Day, flit same £:190,n36 6 Schemes at large, and Tickets on Sale, at every Office, as usual, and also at the CONTRACTORS', J. and J. SIVEWBIGHT, 37, Coenbill ; 11, Holborn; 88, Haymarket; where they Sold in one Lottery above Half the Whole Value; in another All the Prizes of .£0,800; and is the Last 8,488, £lO,OOO. THE GRAVEL AND STONE, LUMBAGO, ate. ILTICKMAN'S PILLS are allowed to be the • JLJL most successfiii Preparation' for effectually retooling and preventing the future recurrence of those Disordeis which arise from an imperfect action of the Urinary Organs, as Gravel and Stone, Lumbago, Pains in the Back and Loins, Suppression of Urine, &c. Composed of the most innocent ingredients, this truly valuable Medicine relieves the suffer ing patient from the excruciating tortures of those diseases without any violence or injury . to the Constitution, and re quires no confinement or restraint of diet during its nse.. it is one of the eldest Public Medieineuextant and its pecu liar virtues and efficacy have uniformly maintained the highest reputation. Soldin Boxes, at es. 9d. and Hs. by Butler's, Chemists, 4, Cheapside, St. Paul's, 440, Regent.street (near the Argyle Rooms), London; Waterloo•place, Edinburgh; Stackville street, Dublin and by the Princip,sl Medicine Venders throughout the United Kingdoms.