The Sun. — London, England, 1823-01-29 00:00:00

TICE LONDON JOURNALS'. ErtitACV FROM 'Mg Dt i I.Y MORNTPIa PArPtftS, January eg, 1823. [MORNING nertAt.n.] Lord gountcharles's departure from Brighton has been delayed for the. present. It is not true that' his Lordship is going abroad (us it was stated in a Morning Paper) on 4 i a secret mis ,aion." If he goes abroad at all, which is now extremely doubtful, it, is solely for the more per fect.recovery of his health, which has suffered TORterially from a long and severe indisposition ; nor is' it true (as the same Paper' informs us) that his Lordship , has perfortned ell the duties of his father's office since the departure of Sir B. Bloom field. Lord Mountcharles holds no situation in his Majesty's Ilowehold, nor does he perform the duties of any body else's office ; so far from it, his Lordship is remarkable for his extreme forbearance from every thing that would have the least appearance of interfering in any of the ar rangements of the Ilouseholti. f His residence in the Pavilion, which commenced early in the autumn, long before his Majesty's arrival, has been strictly private, and entirely on account of health. Nothing transpired in the course of yesterday calculated to remove the suspense which has for some time prevailed with respect to the ultimate issue of the negociations between France and Spain. It seems to be expected, that on tha nfeeting of the Chambers, which was to take place yesterday, the Government would present a moderate view of its policy, resting, for the present, on a defensive system. ft is certainly most probable that the King of France will not at once declare war against Spain. His Ministers wilt naturally wish first to ascertain the temper tend sentiments of the two Chambers, and rather to take the tone from them; than to give an rm., pulse which might not be readily secoltded.— Irliar cannot be the natural desire of a Govern ment like that of France, which has been em ployed for seven or eight years remedying the of nearly thirty years of Revolution ; but yet circumstances may imperiously , urge the French Government to hostilities: and we fear that the present c i rcumstances are M. such a twine. [moftsuNG cintoNrctrd Wf! onderbtand that Lord Colchester is ap pointed Secretary of State for the Colonies, Atlz e room of Lord Bathurst, who receives the Presidency of the Council. Lord Harrowhy retires. We ore not prepared to say in what manner the general policy of the Cabinet, will be influenced by this change ; but we should sup pose it would leave matters nearly in statu quo. One benefit the country has certainly received by it—the removal of Lord' Bathurst from the Colonies.. It is hardly possible that, the adminis trei.con of liord'Colchester should not he an im provement on that of his predecessor. Other have their favourites, even out of their own party, but we never heard asyllable uttered in praise of his Eordshipis Colonial Administra tion by any individual of any party. The Nyitern on which our Colonies are governed is no doubt, bad in itself; but under a tolerable Admi nistration, the abuses which it has a tendency to g enerate might at all events have been somewhe checked. [ATORN Na Pos - r .] Private letters have been received from Mexico, which represent that Empire as on the eve of a great CQIIVOSiaII. The petty plots and insurrec tions which had taken place in many of the pro vinces bad been suppressed by the soldiery ; but itae conduct of the new Emperor had been SO unexpectedly tyrannical, and some of his mea sures so unjustifiably severe, that a general in surrection was feared. The principal part of the monied m e rcantile interest was against his autho rity, and as Isis pecuniary means were decreas iirg, it was imagined that' the soldiery, hitherto, well paid, nod the only support of his authority,: would become less active in their opposition to' the wishes of so large a portion of the people of Mexico. These apprehensions of civil war had, cauLcd it great depression of all the mercantilel interests, and men awaited the dreaded result, before they embarked their capital in commeri chi speculations, and repdered themselves liable to be reduced to beggary. [Jun Tlmri.l A Now York paper of the ',2oth ult. lias been received, which contains some important intelli; gence from Peru. it is there stated, that accord ing to advices received at Guayaquil on the 2,oth df September, La Serne, the late Viceroy and Commander of the whole Spanish force which retreated into the interior on San Martins's entry into Lima, had declared himself independent of Spain, and that one division of his army was within one day's march of Lima. Pisco was in the possession of La Serna's troops. San Martin arrived at Callao from Guayaquil on the 19th of August. On returning to Urea, he expressed di givppro h a tiou o f the change in the administra tion that had taken place in his absence, by the removal uf the Secretary of State,.Monteagudo, and deposed from office all the remaining members of iheGovernment. This was considered an extremely =popular act of Sun. Martin's, particularly with mord to the Marquis of Torre Tagle, the Su prkrue Magistrate, who was highly eStPerned an d respected by the, inhabitants of Lima, and to have much increasedthe danger of !Ili ~ itnation, arising from the change of La Serou'i sentiments. Ad miral Blanco, with the Peruvian squadron, was at. Callao on the sth of September, where au ex pedition was preparing against Arequipa and Arica, in which the troops supplied as auxiliaries• by Bolivar were to be employed. This force had-in part arrived, and the remainder (5,000 in all) avere daily expected at Callao from Guayaquil. tun rittsn- ..PuEss.3 Almost every human bosom haves witk anxi. ous expectation of the. sentiments to.be d e loped at the opening of the French Chambers and of the British Parliament. In Paris the Royal Speech is now known, and we most fully agree in the opinion of_ a contemporary Jour- nal, that i►t states the fact of the Duke of' Montmorency having, at, Verona, 'pledged the French Government to conform to the policy of . Austria, Russia, and Prussia, in all'that, relates to Spain (for this febrile assent to the dictation. of :Russia and Austria:the Duke was dis missed); but that his Majesty does not aban don the hope that peace between the two coun tries may be maintained. We were the first to detect and to reprobate the attempt of the. two Emperors to make use of the great French nation as gladiators / and to command them to fight for their pleasure. It is now an acknowledged fact. It is now universally known to be as unprincipled and arrogant an interference with the internal government of France as with that of Spain. Happily, we trust, for the repose of Europe and the progress of national liberation, the French Government, violently restored and violently sustained as it is, has sufficient discernment of its own interest, if not of its dignity, to,resist imperial commands. — Its own existence is at stake. See the degrada tion of a liberal' and gallant nation. The Go. vernment is commanded by Emperors who make war against revolution, to lead the French into a war' which hazards its existence and almost en sures its destruction, because the Emperors think that the love of military glory will so far blind the French nation as to induce them to fight against a neighbouring nation, who have abated an; intolerable nuisance, and rendered their poli tical institutions consistent with' public happi ness. Should the French nation perform this grateful service, the Emperors are quite willing to let them have young Napoleon, or any other despot of their own choice. LAW INTELLIGE.NCE''. COURT OF CHANCatY, JAR. 28. BEER :J. WARD.—JUDOMENT. :This case has been long in progress through the Courts of Law. It arose from the following circumstances :—A person named William Cotton had continued in a state of lunaey from 1763 down to 1819, when he died.' The person who was to take the estates in litigation after him was disturbed in hit pos.. session by the next of kin Of the predecessor, who clairaed,on the ground that the lunatic was not the legitimate son of William Cotton, and that the heirs of Evelyn Rowland Cotton, who was the legitiMate offspring, were entitled. It appeared from the numerous proceedings which had taken place, that the lunatic was the son of a . William Cotton, who wall the son of a Rowland Cotton, of an ancient and respectable family in Shropshire. This William Cotton married a woman named Rebecca Webster. A register produced showed a marriage to have been solemnized in 1742. The lunatic was proved to have been baptized in 1740. It followed , if this were the first mar riage that he was illegitimate. It was however set up that this was the second marriage ; because, the first having been a secret one, the parents wished to remove doubts which attached to it, by the second. There was a settlement made by the fa ther in 1746, in which the four children then living of NVilliatn Cotton, the father of the lunatic were treated as legitimate.— The verdict in a trial at , law had, notwithstanding the last named circumstance, declared the lunatic to be illegitimate.— , This verdict had occasioned a motion before his Lordship for a new trial, and under this motion, the proceedings which have been of late reported to the public took place. The Loan CIIaNCELLOIt, after taking a review of all the circumstances and pleadings, was of opinion that there must be a new trial. The former verdict had determined the illegiti macy of the lunatic, by finding the marriage of' 1742, and the baptism of the lunatic in 1740. This issue did not give enough consideration to the motives which might, by possibility, have induced the parents to effect a secret marriage before that of 1742, to which the marriage of 1742 was only intended to be an affair of public confirmation.' Certain it was that secret marriages were at that time very frequent. The settlement of 17.16 had an air of forgiveness for some seemingly existing de. feet in the circumstances of the marriages. But there the chil, aro were treated as legitiMate. lie would have it put to the Jury, on the new trial, to say whether there might not have been a marriage previous to that of 1742; and whether the *settlement of 1746 would not afford an inference that those doubts hid been cleared up, and all - the offences against the 'feelings and opinions of the testator and his family done away. In directing the new trial, he would also direct the : Secretary of Lunatics to produce all the papers and proceeding* of ever, kind in the Master's Office, . without further order on the trial.' Mr. WEntrattr.v. asked, if the trial should take place in the Court of Common Pleas. , The Loan Citastitt ton said no, it had better be tried in the Court of King's Bench ; and in saying that, he was anxious to observe, that he had never known of a trial which was con. ducted with more ability than bad been shown by the Learned Judge who tried the former issue. VI43E-CHANCELLOR'S COURT, J. 28. wirss v. TOAD AND °vans. This was a ease in which a great variety of parties were in. terested, and many Counsel appeared. It was a bill filed by the plaintiff, praying that the defendant might be compelled to adhere to the agreement entered into between tie parties, and it also prayed an injunction to restrain the defendants from building any houses contrary to the places agreed upon. 'ln 1792, an agretanent was entered into between a Mr. Portman and Mr. Harcourt for the purchase of certain lands in Moyle bone. Upon this ground houses were to be built, forming a street called York-street, which was to be sixty feet in width. Thcfplaintilf agreed with Harcourt to take a piece of his land, upon the understanding that, the atfeet was to be sixty feet wide, and built a house at the corner of. York-street. Since . that dine various buildings had been erected, and the street. had been narrowed more titan six. feet. Mr. MALI) was.procceeding to state his case, when an ob jection was raised .that the suit must be abated, one of the de fendants (Mr. Rutherford) hiving died since its commence ment, The ViCE-cit Alf cELT.OIt directed that ' a bill of reviver should be tiled, and that when the parties were ready, the case should bementioned to.the Court. • • milli u. TatittAltT. The plaintiff sued in fornics pauper's . and had filed a bill for an account to be taken in a certain brewery concern, in which himself and the defendant were interested. :Air. Ho itNE objected to the account being taken, because the plaintiff was a pauper, and had no chance. of obtaining ; one shilling even it' the accounts were taken. The 'lffcr-CtiAxcrt.i.on said, that all that was necessary to be shewn was, that the party was entitled to,aoaceount, and it was no answer to assert that the plaintiff could' get nothing by the 'scrutiny. Hpittat suggested the great hardship upon the defend ant, Who in any case - Wes compelled to pay the costa. - • ' The Vicfl.ClisuerrAtie was aware of no authority which * gave power to the Court to act upon one principle with re , spect to a rich man, and on another with regard to a pau per. He was therefore afraid he must allow the prayer of the, premenvbill. , • ------- - . , Trepwrß v. BUTTS. This was a supplemental bill filed by certain legatees, under a will to make a child, born after the commencement .ofa suit, Et 'party to it. _ 'The. Aptestioti ,here was, w i t h respect to the construction of the will, whether the words 1' children born in my life.time" excluded or included a child en %Yentre la mere. • 14Ir. !?XlitROW vital authorities to anew that an infant Cu pentre ad mere was included in the words " ehilfiren liv in g at the death of the testator ;" and contended that.the - words con. taitied in the present will, " born in my life time, pore pre cisely' the blame meaning as '' living at the testator's death." The case of Clarke and Blake, 2d Brown, p. was par ticularly in' point, and " Lancaster and Lancaster," 7 '1 errs Ire torts. Mr. Wtyttettw, on the other band, maintained that the Word bring would admit of a much more extended meaning than the word honi. • The !VICZ.CSISWirEti.on was of the ttetne °Plni°,l)- It was evident .that a child might be though . not ohm at the time of the testator's de a th. li d Would -be glad to bear any . atitheritits cited Which would , bear.upon the question bow far =the general intentions of the vary had been considered; for here he was satisfied, that in the testator ' s mind thert could be but One meaning. The Court, hOwever, must be bound by principle*. COURT OF RING'S BENCH, . 28. /OWliEit V. BAWFOII% This was an action on a bill of exchange for 30W. of which the plaintiff was the endorsee, tuid the defendant the acceptor. At the trial, which took place at the last Sittings for Middle sex, it appeared that this bill was given with two others for the purchase of a mortgage art certain premises in Staffordshire, on part er-which .were copperas works , which the defendant iced -been 141scial-to make by false representations, and which ul timately preyed ,of no value. Evidence was also laid before the Jirritto induce them to believe that the plaintiff had taken the hill with a full knowledge of the whole transaction ; but it appeared that Mr. Bamford had never distinctly repu diated the contract, but had obtained possession of part of the premises, by purchasing the interest of kprior mortgagee, and still held them. Under these circumstances, the Lord Chief. Justice thought that he could not say,'in a Court of Law, that the consideration had wholly failed, but that relief must be sought in equity; and a verdict was given for the plaintiff. The SOLICITOTC-GENERAL now moved for a rule to show cause why the verdict should not be set aside and a new trial had, on the ground that the defendant had not taken posses sion on any legal title derived from his bargain, but as the assignee of a third person whose interest he had bought, and 'that therefore he had received no benefit under the fraudulent contract, from which the bill had its origin. The Court grant ed a rule to show cause. THE KING V. WILLIAM MEAD. The SOLICITOR-GENEUAI, mentioned to the Court that his affidavits in this cue were informal.' as they were not en tithed in the cause. lie wished that they might continue on the file, but that he might be at liberty to send duplicates into the country, to be sworn under proper titles. Mr. D. F. JONES said he had no objection to this arrange ment, but he thought it right to mention that notice of bail had been given so late yesterday, that no oppv:tunity had been afforded of investigating the responsibility of the proposed sureties. The SOLICITOIL-GENERAL consented that the justification of bail should be postponed till to-morrow. LITSIAN V. WILSON, REYNOLDS V. WILSON, PRICE V. WILSON. Mr. SCARLETT moved at once , in these three cases for rules to show cause why the verdictirshould not be set aside, and new• trials f:ranted. They were antionsfor the malicious nrosecution of an Indictment by the •defendant" against the plaintiffs and others . charging them with conspiracy to effect the fraudulent removal of goods distrained by him as landlord on premises oc cupied by Litman. They were tried as,undefended causes, and the Jury gave 4001. in the first ; 1501. in the second, and 501. in the third, by way of damages. Ile (Mr. Scarlett) had been instructed to apply to the Court to postpone these trials on ac count of the absence of Wm. Smith, a material; and indeed es sential, witness for the defendant, whose residence he had been unable to discover. Ile thought it right to defer. the applica tion until the causes came on for trial, when he made it in full confidence of success. Mr. Gurney, however, gave a very short answer to the application by producing the witness in Court; and the trial was ordered to , proceed. At this time, no briefs had been prepared ; the Couusel, therefore, did not appear, and no defence was made, because the attorney for the defendant relied on the postponement of the trial. Smith, the witness, was the broker authorized by Mr. Wilson to distrain, and therefore he could not advance the first step in proving probable cause for the prosecution without his evidence ; - bat when he came to inquire for him, he found that he had left the street where he had lived, and no clue remained by which it was possible to trace him A. clerk of Mr. Wilson's attorney had received in structing to procure the causes to be set doWn as:special jury causes, but he lost his. papers ; and thus they were unexpect edly hurried on to trial. The •witness Smith, whom the plain tiff knew where to find, and whom they subpoenaed but did not calls had himself compromised an indictment which he pre ferred against them from motives of cAmpassion ; and front his testimony it would appear, that Mr. Wilson had subjected him self to these actions, only by forbearing to urge his prosecution from a , similar feeling.. The - Cou ire granted rules to show cause in all the cases, on condition that the defendant should it the costs of 'the former trial ; undertake' to make no formal objection to the pleadings; and bring 4001. into Court by Saturday. These eonditions were accepted, and the rules taken on these terms. InACPIIERSOI.I LOvlt. 311 r. SCAR.LETT Moved for a rule to show cause why the ver. diet ht this can should not be set aside, and a new trial had'. It was an action for a broach of promise of marriage, brought by a widow against the Captain of a West Intliaship, in which, at the trial a few days ago in London, the plaintiff recovered 500/. damages. There waft one general .observation which lie (Mr. Scuba) would venture to make on cases of this kind, that a modest and meritorious plaintiff had far less chance of obtain ing considerable damages, than one•of an opposite character ; because it was scarcely ever, possible to impeach the character of the most abandoned woman except by witnesses, whose examination must furnish topics for a strong and influential reply. Ills own experience had taught him that it was always unwise to call such witnesses, unless he could, gather from the cross-examination of the plaintitra witnesses some matter on which he might ground his case ; but sometimes, as in this in.. stance a Counsel had no discretion to exercise. The plaintiff, Mrs.Macpherson, hut already been twice married; she had children by both husbands, and one of her daughters was al ready Nettled in tile world; 'and this 'Was , the lady who sought to recover on a promise of marriage written by herself, and only signed by her admirer. The words of this. promise were, " I promise to marry You when I return from Denkerara, Please God, or to pay you a thousind pounds." • Mr.. Justice BEST.—Was the promise made in a warm cli mate ?—(A laugh.) . . The LORD JtrsTic E.—lt was net very far from the Pump, at Aldgate.--(Renewed laughter.) Mr. ScanI.ETT proceetted.—No evidence Was given at the trial, of the defendant's 'circumstances in life; and surely far the loss of a third husband, and he a wandering captain, who. would frequently be absent from his wife, 5001. eras 311 excei... sive compensation. At the trial he felt the clanger of the de fence which he was instructed to Make; and therefore he cross. m ex o tt y n e i i se n ; t e l r ll it ly than ri t . S a t i ali t iflovao h rth, the dau ghter of the plaintiff; with is custom to employ , She stood the tire, however, remarkably well, and positively denied that she ever saw the captain in bed with her mother, or airried break. fait to them when in that situation. Now he had the affidavit of a witness to distinctly contradict her on those points; who swore that she had been employed in the Manner alluded to, and that dining the two years in which she resided with her mother, site performed menial taco for the captain ; that she even brushed his shoes; and that she had fetched him .to the bowie at her mother's desire. The story of the plaintiff was most extraordinary--altat the defendant had first written the pmmise, and then given it to her to copy ; and yet she neither .produced the original, nor accounted for its absence. The de fendant's case was, that she lied 'been his mistress ; that she pvwisleie her a paperdtoreniei to fin t ninabo s se eh belonged to him ; that he p u ,w w itli ti edemise of the premises, and. •that showtote this pronuse in its room. „ The Lord CHIEF'-JUSTICE—There was nothing In ine . de.nce that glanced at all this ? • Mr. SCARLTITT admitted that there was not,. but there was enough to show the extreme improbability at' the plaintiff's ease , it was singular that both the witnesses, who swore to a verbal promise, introduced the words ." please Clod," which were so singularly placed in the written promise. Mr.Justiee Thai.---Probably the Captain took it from the bill of lading.,—(A laugh.) Mr. Scahltivr proceeded to argue that several topics had heel) pressed beyond their proper. weight in the powerful re ply of Mri-Adolphtia.•sll4' , -concludeddtiy expressing , his hope, that the Court would feel with him, that even if any promise were proved„the aamage*,were exceedingly disproportioned to the injury. The COURT granted a rule to show cause why a now trial should not be granted on the ground ofexceisive damages, on the. defendant bringing 150/. into Cohrt within a week. Mr. - Ountir.v, in allusion to the causes in which Mr. 'Wil son is defendant, expresses hia wish that the rides should come on as Motions. . • The Loan Curer Jusalcx assented, but expressed his ,hope that some arrangement would he effected between the parties. Ile wished also to extend this reconirnendetionto the ease of MacpberKon and l,ovie. Ile , should feel extreme: re. luctance to desturb the vCrtlict of h Jury on the ground so pe culiarly within their province as the amount of damages ' espe cially it that verdict was, g i ve n by either of the Juries who sat in London and. Westminster during the last arduous sittings, who had manifested nn intelligence, and afforded a dispassion ate Consideration, to the caws before them, which ought to secure high respect to their decisions.. lIMIEAS CCM s. Mr. pi.ATT moved fora writ of Habeas Corpora to irrini.T tip 22 men, now detained on board the athip Severn. They itad been in custody ever since: the 13th instant, and were part of the crew of the Cugoms. No proem' of any kind had been hinted to render their eastody legal.—The COURT granted the writ. ATTOILN TES. Mr. Ptaitsow moved for a rule, calling on an attorney of the enmity of titaflOrd.(wlusie name at pisrwlit he would not' mention) to sh ow came w hy he bhould not be struck off ithe rolls for practising while in prison. Ile had been found g t il t y attune ofknea at , sewi9 ,,,, a pd,:liad been sentenced to i n- Psismurreur i• and while 12 i n custody, under this sentenee, t o directed the levying of a plaint, and the conduct of a ploi l it i n replevin, . The COIIRT at first doubted whether any proceeding in the Dounty Court could be regarded as " a writ or process," with in the words of the 2d Uoo, IL, on which the application wa founded: but finding on examination of the 1011 of tow that a summons had been i ssued, they granted a rule to show cause. COURT 01' COMMON PLEAS, JAW. 28. T`ovEY V. rAitxER. This action was tried before the Lord Chief Justice in the sittings after last Michaelmas term. It was brought by the plaintiff to recover damages for the injury he sustained in con sequence of his vessel having been run down at night by that of the defendant, off Cape Filey, in Yorkshire. The Jury found a verdict for the defendant. Mr. Sergeant VwUoitAN now moved the Court fora rule for a new trial; contending at great length that the Jury were hound by the evidence to . havo found a verdict fat the plaintilt The Court, however, was of a different opinion. In this case a great deal of contradictory evidence, was adduced at the trial upon the several points, or whether or not it was so dark at the time of the accident., that the persons on board the defendant's vessel, which was sailing before the wind, could not discern the other vessel, which was tacking athwart her bow, in time to have avoided coming in contact with her—whether the defendant had not giien fair warning of the approach of his vessel, by having a light hoisted at her bow; whether, in short, the accident arose from the grass neglect of the defendant, or from the darknessof the night. These were all pure questions of fact, to be decided only by the Jury.— They had decided them ; and if the Court were to interfere to disturb their verdict in such a case as this (unless, indeed, the weight of evidence strongly preponderated the other way, which was far from being the case here), it would be doing that which would in effect be totally superseding the necessity of a Jury at all. The Court therefore refused the rule. FROST V. BENGOUGU. This was an action on a promissory note of 30/. due in 1815, to which the defendant pleaded the statute of limitations. In order to take it out of this statute, the plaintiff gave a letter of the defendant's in evidence on the trial, dated September, 1817, in which he said, that " as he was obliged to go to Liverpool on business, he would, if hisadventure were successful, meet the plaintiffin Bristol in three weeks ; if not, they (plaintiff and defendant) should only manage matters in the b.nt way they could." The Juryino evidence having been given of any other trans action between the parties to which the letter could allude, referred it to the bill in question, and found a verdict for the plaintiff, the Learned Judge reserving the point for the Court above, in case the defendant should choose to move for a new trial. Mr. Serjeant VA.UGHAN to-day moved accordingly ; and the Court granted a rule nisi for a new trial. MOH COURT OF ADIVIIRM,TY, J. 04. 2;3 GENOA. D'r. PIIILLIMORE. in this case applied on behalf of his Ex cellency Count Ludolf, the Sicilian Ambassador, for a monition against the Governors of Chelsea Hospital, calling upon them to show cause why a certain proportion of prize-money, due to the Sicilian troops, who in the year 1814 co-operated with a British arriv in the reduction of Genoa, should not be paid over to his Excellency. The money had been paid over by the agents, and his , Majesty, by an order in Council, bearing date in the month of June last, had declared the Sicilian troops entitled.. No opposition was offered ; but on the motion of The RING'S ADVOCATE, the monition, it was declared, should not pass the seal for some days. The Learned Counsel, for the same interest, obtained similar monitions in the cases of Spezzia, Savona, and Angoeta. Dr. Lust' INtYrOX then applied , on the same behalf, for mo nit places ien c sii i i n ththee Mediterranean...-Monitions n._l% casieesoifTarnreeagena,Biloalnins accordingly . tatio,andthreeother ports or Tlli DUNDEE. In our last report of proceedings in this Court, we stated the grounds of the present ease, which arises out of an objection taken to the report of the Registrar and merchants, upon a re ference directed by the Court, in respect of the loss and damages sustained by the owners of the Princess Charlotte, a vessel that e upon entering the river, as she was- coming from South Shields, was run foul of by the Dundee, Greenland whaler, and sunk. Bail was given to answer an action that had been en tered in the sum of 9,0001. against the latter, ship, tackle, apparel, and furniture," in the usual form;. but in the un dertaking that was given to lead that bail (it being of im portance to the owners of the Dundee to have her released, so that she might proceed on her fishing voyage), the word " up purtenancee" was added to the usnal formula of " tackle, ap parel, and furniture t" and. the Registrar and merchants con sidered themselves in consequence bound to include the fishing stores, which at the time of the accident were on board the Dundee. The value of these was very considerable ; and the owners, tinder the act 53 , Ge0. 111., Which limits the responsibi lity of ship-owners in like cases, have objected to this part of the report. The case was.argual at considerable length last Court day. Lord STowEI,L, in giving judgment, slated the origin and nature of the suit. The accident did not appear to have arisen out of any wilful design, not, indeed, any purpose of injury whatever, on the part of the Dundee, but rather out of a want of that diligence and attention which are due to the security of other vessels navigating on the seas. The question of repara tion in such a case was differently measured in the maritime laws of different countries ; and had been differently measured by our own maritime law at different periods. In England, the ancient maritime law exacted full compensatioa out of all the property of the owners on board the aggressing ship, on the common legal principle that persons undertaking for the convey ance of goods are liable for the conduct of the servants whom they employ, to the patties who may suffer loss or damage through their neglect. It could hardly be denied that the term '•compensation' - would be very improperly applied to any thing which should faU short of a full, and fair reparation for the injury done. Holland, however, having instituted a law fOr the pro tection of its own navigation, anti with the view of engaging its subjects to enter into these commercial voyages, by providing that owners of vessels .which should unintentionally occasion damage to others of the same nation, should not be liable be yond the value of their ship; ' with their freight, tackle, ap. pate), and furniture. England followed her example by pass ing statutes which protected her shipeowneis from responsibi lity beyond the amount of the same interests; .first, in the case of embezzlement front the cargo, committed by the crews of such vessels ; and, subsequently, in the case of embezzlement committed by other persons. By the statute of the 53d Geo. 111., it afforded the same protection in the rase of losses other. wise sustained. The Ist clause of that statute (which 'min e . diately bore upon the present question) was the enacting clause ; it subjected the ship, then the freight, _(the freight already earned as well as the freight that might be contracted for), anti then her tackle, apparel, and furniture, to this liability. These were the only subjects which the enacting clause directly, and in terms, cperated .upon : but almost all of the following ; clauses, and particularly the .7th and Bth, sdid introduce the word " appurtenances. The, word repeatedly occurred in; subsequent parts of the statute ; but the 7th clause expressly, provided, that where the Snit k brought on account of damage done, a valuation shall be first duly made of the ship and ape purtenences.'" The same term in other passages of the statute appeared to be, if the Court Might so .'express itself, a sort of shorthand way oftiescribing what might properly be considered ax "appurtenances" of the ship. It was not to be supposed that the foregoing elauses had introduced a word merely in. operative, or intended to have no meaning at all. Now it could have no effective Meaning, unless it were Considered to be vit tually incorporated into the lit clause. If not so incorporated, then the enacting elause was in contradiction to the subsequent cl a use s , in which it was mentioned. The " appurtenances" of a ship could not be considered as intending her cargo; for cargo was that which was meant to be disposed - of at some foreign port, either for money or money's worth. The con flexion of the cargo with the ship was merely transitory, and boie a distinct character of its own. On the present oteasion, these were appurtenances evidently necessary and essential to the ship in the performance of the functions that she was des tined to discharge and herein essentially different from cargo, although they were not constituent parts of the ship: for if con stituent parts, then they were not appurtenances,—lt being the very definition of " appurtenances," that they were things "belonging to" anothetettung, not banning past of it. Yet, if they were so essentially necessary to a slip, as that she could not without them perform her function% ) they might, under a loose detinition of the word " ship be included,l being those matters which were as essential to that ship as any 'part of its own mad - limy. In the :present instance the, appurtenances cenSiited of lulling stores ; and these had been veined, by the merchitits at Lloyd's, at. 2,2361., the ship being valued at 2,1151 ii. The owners of the ship ,con, tended that the eieleing stores were exempted from . all liability to Contribute; anti by reason of the way in - which this suit had commenced. It had commenced in the usual way, by the arrest of the vessel, her tackle, apparel, and furniture, with out mention of her fishing stores ; and it had been argued that fishing stores could not be considered as " futniture e ' inns much as it had - been detetmined, in a ease tried in a common law Court, that they were not to be soaccounted.---(The Learned Judgetlierteited the case from Sergeant Marshall's "book, p.727.e this anthority it was held by Lord Mansfield, that theques » thin as to whether tithing stores were covered by the policy of in:, surance on.a South Sea whaler, including, as usual, her boats, tackle, itc, must depend on the usage of the trade. On the first trial, a Jury found that fishing - suttee were part of the furniture but very contradictory evidence having been.adduced, the ( - Aft went to another Jury ; the former verdict was reversed, and they found that, in truth, the usages lay ati'die other side. Ili* Lordship then observed, that he was not. aware whether this rule, although it had been considered on the highest authority applicable to the case of a policy of insurance, 'Was of sufficient weight to govern the construction of the same word in an Aet of Plalollera, or in the phraseology of a Court, where that construction was rather perhaps to be collected from the ori. and genuine meaning of the word, than from any par ticular or limited usage controlling that meantog• It was admitted, that the mode which had been adopted in the prego_J instance was the ancient formulary for instituting a wit 14 UP* Court, that suit leading to a full restitution of the Worn,' belonging to the aggrieved owner. The statute of the last reign had certainly imposed a very express restrictien uPen the responsibility of the other parties ; but this Court c ould not carry that restriction any farther than the language of the act would warrant it in doing. Complaint had beer made that the word " appurtenances" had slipped into the undertaking for the bail ; but that could no: have happened without the parties being aware of it, inasmuch as it WAS a forrnal. ' at regular, and a statutable word : and the Court surmised that the time of giving the undertaking, both parties must hoe boa aware of its introduction, and have concurred in the intention that it should include the stores in ques tion, the reservatio n be ing only for the Court's opinion as to their liability. The Coot Was now of opinion that the word " appurtenances" wa*" tinder; and on the question as to whether the fishing st ores Rain be included in it, the Court held that they would be.—or limits preclude us from following his Lordship throug h 11 1% re ; mainder of his judgment; but he finally held that to e stores were liable to contribute.) The COURT therefore confirmed the report. of DT. ARNOLD applied for costs against t h e owners noagainst the owners of the D undee, Dundee. ,here 0 Dr. ADAMS submitted that, on this occasion , clearly a causa protabilis litiandi, and that the Cou rt ougat 4 he a ppear e d, t her:' said, this was clearly a new cam, an d Lordlto decree costs ore gave no costs. wohn m eans POLICE INTELLIGENCE. YOUTUPUL DEPRAVITY. " n Bow-STREET.—For a considerable time •rast, bbOtJ the inhabitants of Clare-market and its immediate n(4O f' of ` pthood have had occasion to complain of a nuisance„_ sot worst description—namely, what is called a Slash. n°,t,' o we by a man named Byetield,. in Clement's-lane, in Assiss,,,g e a part of the market is situate. It is a public-bath the Jolly Butchers, and has,been for months pot w" and nightly resort of young thieves and proitY very lowest erode. In the- day time dozens ' to be seen about the door, insulting persons as pot unfrequently despoiling the passenger of some 'contents of his pockets. At might was held ry -" Free and Easy," a singing club, at which were permitted to assemble, without regard to or condition, and sing and drink as long as the' was also a sparring club, and occasionally dais these revels were kept up sometimes until rots morning. Byeticld, the present landlord, ei between two and three months ago, but the li been transferred from his predecessor to hil being the day appointed by the Magistrates transfer licences for the parish of St. Clement attended for the purpose of getting that of thk made over to him. Some of the neighbours most annoyed by the manner in which the house ducted, thought this a favourable oppostiini formal complaint to the Magistrates. - They L. ingly r and in consequence of statements made effect described above, the Magistrates refused license, and also issued a privy search-warrats empowering the officers to take into costal' therein afternight-falls On .31onday o'clock, Perry, Nicholls, and Morri s, con& party of petrol, went to the Jolly Butchers and found in a back room 19 boys and 3 girl about 13 to 18 year* of age—most of them, Of the girls, the eldest was not 15 ; but tin long known as walking the Piazzas in CO' were yesterday morning brought before Tnf and placed at the bar. Their names we James M.Carthy, John and- David Da . Davis, John Shee, John Starkey, Timothy Dattin, George Owen, George Mallet, Will toss Newman, Robert Ward, James Dab Williatu Crowther, Eredisick Bott, kleteher, Mary 411 4 Cartity, and Elizabeth Ir . The first tw e lve of this n u mb er w ere recis its"' ears, and sworn to us r e p u t e d thi e ves. Tit; $ ll6lOll and David Davis, the latter of whom is ins sea, 0 9 what they had to say, wish e d th e if father The father came forward and st a t e d that he ws 4- o li sel of tit. Clement's pariih, and that be hid r e s ea teall , field, the publican, to kick his boys out o f t h e bo''4W 4 ' came there, but he encouraged them to come, sisteas as he was desired. o lY s Mr. HALLS.--I have heard, Mr. Davis, th a t constables of your parish, so far from assisting 4 0 : 1 t" when they have had occasion befor e to visitSl lo ," ° ` 7 o given notice to the landlord when they were 0 11) 9C,„Att that lie might be upon his guard. Id o not know vs's' are one of those worthies or not. Davis assured his worship he was not. Mr. HALLS.—Be assured if a ny suc h c ase b v , me, the delinquent shall be punished most seven o 2:l ; eve v '', i l spect to your boys, i t i s im p oss ibl e t h at y o u!P" t bti proper ease of them, or they would not be pursOlAg, ful course. , b as Davis declared he had done all his power, bu t ,' scall e bad step-mother, who would riot take cat of 00 11- absent at his employment. Of the remaining ten of those sworn to be rer l 7 o lo l ,o ° John Davis (2) was recognized ' as the brother 0 1 s y stat7 l: name who, with another named Desmond, was 0 , 11 C'. l oi time age of a most daring burglary a t A b o,l i a tt el s o street, and was ordered for esecutions but retpitc" b , before the appointed day. Mailer was also stated , f o ry to have very narrowly escaped a conviction for ,bu r g s Ssi Old Bailey Sessions, the week before last. 11 1 with whom he was tiled, received sentence of de o l& gfSl The wholewere convicted as rOgUeS and valo l .', l 7o , lltr' puted thieves, and committed t o T ot hill-fields-bu d days, there to be kept to hard labour. to ISO The other seven male prisoners were u nknowl „ o gi eers, and their friends having come forward rind ,r tie vniV, keep them from evil company in future, die 31 ; 0 1 eVe s charged them. The three girls were cculanitted pE each to the House of Correction: ' • n °IP • a u°. Mr. HALLS, in the .course of . the (xalru n re that the house where these wretched prison we lt 0+ o il a great public nuisance, and must certainly P! nr iseO r i l l At the close of the office business,: the inate.r o avt chained together and conveyed to prison. Flit ter 00;0 while tin a few minutes they remsinrd in an at:1 0 0V the extreme levity they displayed when they ft ° t lisDP' were really shocking. They app ea r e d rather plod of their disgraceful situation. „,• We regret t learn (says die Il l ' Gazette) that our estimable Lord LieuteP” Earl of LONSDALE, has again met w_i th th a s t accident, at his seat C o tt e srnere, Lin` ° ( t his horse falling w ith hi m . We und ers the concussion has o c cas i o ned verY " at j v i t'V his Lordship's side, which was SO S t'rt' D i j by the accident which betel him in th e year. TH . ` et Last BIR week, a poor woman of this MM ' .Of ' Ai Ve labouring man at Feratield, of three chibire u state dutt the mother and one of the child" n • On 'the 24th inst. ai l K lA ll l :4 R to i tt E ; D in . C°llll.l 4111°4° the y John Buller Varde Buller,c of Luton-hee.,,,,,:;,,, to,V and of De!borne-ball; County of Staffor 7 it forcri daughter of Thos. Wil.son, of Wooten-'par' f„rd, Bank-hall, in the County. of lartncaster , job° "c,' At NVoolwieh, on-Tuesday, the 28th inst., to o l& , Esq. to Eby. Frances, only daughter of the Royal Artillery. , F O ino n snb t ut h hr e ye, 2 , 6 l th inst. , 1r 4 " DIFD Alt# Sir Roc tllesden-house, h ook Un sch ult., at Tours , in ca~ssnll~our3: ,14fhOe. o rt re ee : et t l it,w ' rt ri N ye: \r " .v citt iti t : ) , : :aemY n S i nlin g gettirl4 l l: a inLar st gst , 4. .i t l h r e . 2 Nl 6 r t ni k - in. :V t" i laate7:6 ' 4‘t*: ' " Or 4l n Bn, n r t t h t house, On the 27 EN., late of Portlantl.place. • he urvived only a few it On Tuesday, the 28th inst., 11r. Sohn 14.141 e at' h instant , at Paris; 1 lilted Calcutta, in Ban , Printed, and Publisiled for 'the eorr A Wire, No. 112, Strand, by J ,nths past tat prostitute, Olwel; ,zens of th ero di :;: as they P!.. 4 ss ' o f the yis some P. g e l) Id what is cs. vhielt boys sta che lm dto or 0 0 ,1 they . as°. '„: 10 Janetog i e r , l: " tto four i o,„ 0 ; :ts I, entoreu ove Ile licouse ‘i d 3 ° 3 ► hitn, d 4, ale s of this'.rLi ent nano , P it; f the Jolly ic e bed lOUS'S wh o house has he $ tunity for insol4e, y attended in s '4r made by than fused to tonsfeor nit the Logi tut art . f ly PerN . ,ottel about b . I, loctors, with as with the 4 t - j7 ll/ IlPi nuf ' ll l, 10 * 1, how-evert -e t bt o ley 104 a1 1 w .. "" oventl,sl:s goo t o atss A t vihis# —John S aria ere (111° CV iy porlj vA T Tint r ec il Cota''.• ley', )Dri soresouttinp t Mutt& 14 ale. 11 •P" ecogni he two tea tot yet iy a , to be e.cor,Oir:t,