The Sun. — London, England, 1823-01-27 00:00:00

I '~ I ,e3 { .'-'1,.... -.• • . ''':.:Wi! 4 . ..- \5,",,..` , ;',... v _.Z.--jd, •Air : ~,,,,, 9 . `-,..,_-''mzik-1, ~^;.,~,: 'w.:: afore ~ 4 I'd . •• Igo , • • 'l‘i44 • • 00r.%," , . :.•_,./.. m i -•••- tit ) _ ..$), ,, •p c *lF,.-- Vik max;; !t. and , t, Stone. ~ , , i - , , Mere . .... - , di; d t', , t• t 1 , r aortii- 4 range; Z____ ... lomat a-, Y — 407-1 , he ha d 00.4 which ,t,and iiidow, a y ; c a iuw,,,, 713„w rral" gtingt ONO keys! NLYMBER 9493. M ON DAY, J AN UA RY 27, 1823. SE'crtN CONTRACT TO DELIVER (VA LS AT GIBRALTAR. Comcoissariat Department, Ti . easury Chambers, 25th ! January, 1223. S UCH Persons as are desirous of Contracting with the Agent for Commissariat Supplies, to deliver Two Tiro - wand 'Cbaldrons of COALS at GIBRALTAR, May receive particulars of the -Contracts at this Otlice, between the Hours of Teti and Four; and deliver their Tenders sealed up and directed to the Agent for Comulii. lariat Supplies, marking there. -" Tender for Coals;" On or before Tuesday, the 4th oruary ; but none will be received after Twelve o'Clock on that Day; Lor will rirq,prpp o sed.,ht noticed rtnkss made on or annexed to a Minted Particular, and the Prices inserted in Words at length ; nor tartlet's a Letter be subjoined to suet Proposal, signed by two Persons of known property, engaging to be come bound with the Party tendering in the Sum e‘ptessed in the Particulars, for the due performance of the Contract. VICTUd LL I NG.OFF ICE, January 93, 1423* THE COMMISSIONERS for VICTUAL LING, Hie MdJESTrS Aid PY, 4.e. do hereby give Notice, that on Friday,the3let e January instant, they will be ready to receive Tenders in writing (sealed up), and treat for rr,HE NEW LIFE , ASSURANCE COM PANY, eitubiWied by the PROFESSION of the LA.W, which cornmenee Business as soon as convenient accommodation can be obtained, : are in want of a LARGE CO:tIMODIOUS HOUSE in the neighbourhood of the Inns of Court. Whoever may have Premises of this description to dispose of will please to sendthe Particulars; and Lowest Terms of Purchase, to Mr. ATCIIESON, Solicitor, Great .Witicheste.r. street; Mr. BRUNDRETT, Solicitor, toner Temple; 31r. HoLNE, Solicitor, New Inn; Mr.`` KMllift T, Solicitor, Saint James's-square ; or Mr. WM. Wittett-T, Solicitor, Ring's Bench Walk ; the Provisional Committee appointed for the purpose of receiving such Tenders. LAW INTELLIGENCE. days, endeavour toles* judgment. At ptesent he- etinfeitied he . mo a strong impression as to both the prints tithed of - bet ' its - would not declare what that impression was, without first read tig the papeza. Attait called his flonour'satteittion Co the prayer Of the. bill, which was for an ;inittnetion to restrain thettetendants bum assigning over or disposing of; theinrespective shares, other wise than to flit: plaintift. The Vivi! :Cita sroxr.i.oh thouOttitat Wei a - relief tti which the plaintiff could not be by pos.sibility entitled- to. On both sides, as is appeared to him, the question, of pre-tuiption had been mistalten. He shotild read thepapers ca re f u lly, b ec a use he: was well aware this was a nice question, and in fact one which did trot belong to this Court. Bitt-it happened that the relation in Which the parties stood to each tither made it impos sible that, in point of i'orin, the question could be et:wait:led in a court of Law. ; ; COURT OF CHANCERY, JAN. 24. mi.rrrErt ti. ettAurrtt, TRE CASE OF TIIE LITTLE STAN MORE RECTORY. This bill was filed six years ago, and it was bat recently discovered by the plaintiffs, that whereas they had in al/ the insmuments described the benegce as a denative, it was iii fact a curacy . . Leave was accordingly prayed to ant* the hill, and thereby to take the bendit Of an alternative isaue for • the plaintiff; who was entitled whether donative Ot curaay : it had beau argued on the other aide, that the only issuts::* der ed respected a donative, and that the defendant triti%lose the benefit of his plea whi c h h e h a d esta bli shed hitherto.. 'inst r ail the proceedings. A part of this plea was the statuto tt pie narty, which would have no application if the bill were amend ed according to the motion. The LoliD CHANCELLOR thought that the plaintiff' could get nothing by the amendment if it were allosVedi. as the de. tendant would maintain his plea on the donative as it now stood ; and if the instruments were to be altered throughout, calling the benefice by its proper title of 'etiracy, the plea of the defendant would not apply, so that titre wotild , he an en. , ~ tively new case. They had better try the effect of the pleat as it stood. If they disliked that, they must begin agititrwith ano:- titer bill ; or, if they chose, they might have a ease, an d h p would obtain the opi n i on o f some of the common La* Judges whether or not they could be allowed to claim the curacy un der the pending issue. .Mr. Mai', fur the defendant, accepted the offer of the Court, and the motion of aniendment was dismissed if ith costs. le 0P 010 4 r,• 344 of beg" Four Natant! Pipet of SPANISH RED \VINE, to be des livered into his Majesty's Yionyallnr Stores at Dept. ford, One.haif thereof in the course of Three Months, And the remainder in Two Months afterwards One Hundred Thousand Gallons of WEST INDIA RUM ; Fifty Tons of NEW BLACK SMYRNA RAISINS; Fifty Tons of MUSCOVADO SUGAR; Five TOns of NEW EAST INDIA RICE ; Thirty Tons of BRITISH PLANTATICN COCOA ; (",01.11CF OF Si , ING'S BENCH, J. 2.. . 6 COLEGRA)* V. DIVAS SAN. TOS. This was en ection of borer, to recover the possession of cer tain fixtures belonging to a house sold by the plaintiff to the de fendttnt. At the trial before the Lord Chief Justice, at the last Aliddlesexiiittings 4 * verdiet was obtained by the pleintitt, with liberty to the defendant to move to enter a nonfarm Air. (.; WIN F. k now moved accordingly, The plaintiff had sold a muitsiote.house and Estee in Eitsvx to the defendant; no thing was timid in:the particulars of sale respecting the fixtures, but the defendant was admitted into the possessioit of the house as it stood. In a year afterwards,' the plaintiff' demanded the ...fxtures„ whieh the defendant refused' to give tip, alleging that be had purchased. the, fixtures with . the house.. It was alleged for the plaintiil' at the trial, that the ligturea in question were goods and chattels, and therefore recoverable in this action.— On the other heed,. it was insisted that the fixtures, conehnitett. of grates, &c. were part of the freehold, went to the heir, and therefore were not . the subjects of trover. The CurEr JUSTICE . would not then give any decisive opi nion upon the question, bat reserved the point.—The matter being now mentioned us one of general importance, the Court granted a rule to chew cause. Fifty Bags ,of NEW KENTISH HOPS; to be delivered into the Stores at Deptford, in the spate of One ,Mouth; And Two Hundred Quarters of NEW PALE, and One Hundred Quarters of NEW CLOSE•DR!ED AMBER MALT; to be afro delivered into the said Stores, Ow ' 14 in the space of a Fortnight, and the other Half in a forfright afterwards. The Raisins, Sugar, Cocoa, Hops, and Malt, to be an swerable to samples to be produced with the Tenders. MANSFIELD-STREET, CAVE NDISII-SQUARE. r r oBE SOLD for a 'Form of nearly Thirty tin 'eart, free from Oround-rent, it FAMILY MAN , SION, 'with or without Furniture, comprising a Spacious Din ing.roorn, Library, Dressing-room, Yestibypandsome Stone Staircase, Three Drawing-roorns, Fii;e Ilecl-rigitns on the Two Pair Story, Four Attics, Two Water Closets, Numerous Of fices, Collaring of every description, Laundry, very large Conch-house, Stabling for Five Horses, Lofts and Dwelling. . rooms over ; the whole fitted up, end replete with every Con. venience.—Fer further particulars apply to Mr. Come, 13, Crawford-street, Port m an-sq u a? e. NAVY-OFFICE, January 44, 1843. CHAPLAIN'B' BOUNTY.—MONEY be lug in the bands of the TREASURER of Iris MA. JESTY'S NAVY, to pay BOUNTY , for 'the Year '1822, to such CHAPLAINS of the ROYAL NAVY as are entitled thereto, under i ffis Majesty's Order in Council, bearing date the let February,l76s, Ist February, 1754, and 42d October, 1802, and who hare been entered upon the list, by virtue of the Papers they have respectively transmitted to this Office ; Notice is hereby given, that the payment of the same will commence at the Pay-Office, Somerset-place, on Monday, the sd of February, at Ten o'Clock in the Morning.—And it is desired that in future the Chaplains entitled to the Bounty will, as soon as it may become due, cause their Affi davits to be delivered into this Office, in order to -expedite the payment. The Conditions of the Contracts man be seen at this Ogee. Each Te►uler 711145 i specify the Price in Words at lenyth, and be delivered before One o'Cloch on Me day appointed : and the Person who makes the 'Tender, or goner Person on Iris behalf, most attend to ansu:er, when called for. PRIVATE PUPIL. AMARRIED and BENEFICED CIDER. GYNIAN, resident within a Alorning's ride of Lon don, and accustomed for many years to receive 'a FEW PU PILS into his Home, has now a VACANCY. The most sa tisfactory Referencrs can be Kite!) to Noblemen and Gentle men whose Sons have been under his care. Letters to be addressed to the Reverend C. J. at Aft. Jef. ffery's, Bookseller, 4, Pall Al4ll, }.undue, 411. IP4LLER CLIFTON. NAVY-OFFICE, January 23, lBt3. T HE Right Honourable the LORDS COM MISSIONERS of his MAJESTY's TREASURY having appointed Money for the Payment of HALF-PAY to SEA OFFICERS, from the Ist of October to the 31st of December, 1944, according to his Majesty's Establishment in *that behalf. These are to give notice, that the several Payments will be gin to be made at the Pay-Office, by the Treasurer of his Majesty's Navy, at Ten o'Clock in the Morning,'on the fol lowing days, viz. On the 3d, 4th, and Sth of February, to Admirals,' Cap tains, and their Attornles. On the eth, eth, 10th, 11th, - and istli of February, to Lieu tenants and Chaplains, and their Attornies. On the 13th and 38th of February, to Masters, Surgeons, and Pursers, and their Attornies. After which the Lists will be recalled the first and third Wednesday in every month, that all Persons may then and there attend to receive what may become payable to them arid bring with them an Affidavit as required by Order in ,Countil of 30th July, 1819, the Forms of which were publish ed in an Advertisement front this Office, dated 16th Septem ber, 1819 and may be procured at the Office of the Treasurer of the Navy ; and in case any the laid Officers should not be able to attend themselves, but employ Attornies for that purpose, the said Attornies arc to produce similar Affi davits from the Persons they are employed by. Where Officers are Abroad on leave, their Agents are to produce attested Copies Of such Leave before the Half-Pay can be paid. And as by Act of Parliament passed in the 35t h year of his hoe Majesty's Reign, entituled, " An Act for establish : . , K a more easy and expeditious method for the Payment of ( )dicers belonging to his Majesty's Navy," it is enacted by lht Mit Clause of the said Act, " that if any Comtnissione or Warrant Naval Officer, who shall he entitled to receive fialf;Pay, and shall be desirous' to receive and be paid the lame, at or near the place of his Residence, he may apply to the Treasurer of his Majesty's Navy in London, to have such 11:r Half Pay paid at or near the place of his Residence, &c. , in the meaner pointed out by the said Act." And by a fur ther Act passed in the With year of his late Majesty's 'lrwin, entitriled, " An Act for enabling the Officers in his 'Majesty's Nary, and their Representatives, to draw for and `receive their Half-Pay," it is enacted by the Ist and 84 CianseS of the said Act, " that if any Officer in his Majesty's Nary, who shall be entitledio receive any sum of money for oron account of his Half-Pay, shall be desirous of drawing a .Bill of Exchange for the same upon the Commissioners of his rli lajesty's N avy , i nstead of receiving the same by Remittance iill, he shall signify such desire by Letter to the Treasurer ' , l r of his Majesty's Nary ; and that if any Officer in his' Ma jesty's Navy, whoaball be entitled to receive any sum of ma nay for or on account of Half-Pay, sballbe desiroint of having ,his Half-Pay paid to him by Extract, at any of his ;Majesty's bock Yards, w h ere Cl er k s for the Payment of Wages for the .. ;Navy shall reside, instead of receiving the same by Remit ; v,ineeltill or . 13i11 of fLeektutge4 he is to apply. either to the roper Clerk at the navy Pay-Office in London, or at the apOilice at such Dock Yard, signifying such his desire." 'Notice is hereby further given, that the Half-Pay ending the ::!aist of December, 1894, will commence paying on the ad of fr tbruary, 1833, and all Persons desirous of drawing for, or of tsving their Half-Pay remitted to them, may apply as above irecte.d. 11 ist.. 7 11ills of Exchange drawn under or by virtue of the 1 above recited, are not liable to the Stamp Duty. Ko Perstins residing out of bit Majesty's Dominions are en. led to the privileges of this Act. AMBROSIAL ROSEATE PASTILLES. drONSIEUR LEI3I iJN (who had the sa. FAIL tis faction' of introducing into these Realms, about hteen years since, the GVINVINP. PATE PEC'T'ORAL DE JUBE.) has the honour of offering to the Public New *Elega n t specie's of Pastille, which combines with its pee al'aad soothing properties, those of mellowing and improv ' the voice, by rendering it more agreeable and more Hex. e. At the same time it imparts to the breath a pernianent fiance, resembling Ambrosia. This has induced the M atti' and PrOprietor t• bestow upen it the `appropriate he Of AMBROSIAL ROSEATE PASTILLES. 'aid in Boxes ' at is. 9d. each, by Butlers, Chem. 2 Chemists, No. , gaiiside*, St. PauVs,' and teneßegent-streeti (near the Ar. 4 it annlS,) London; 20, Waterloo-place, Edinb urg h ; an d strict; Dublin; and by theltincipal medicine. , a tts through ou t the . United. Kingdom. dlst whom alio m ar b e had, his Genuine Pate Pectoral de ate e,. so justly *delved - for their efficacy kn. Coughs, 3 - ' • PUBLICATIONS.. This Day were published, p r i ce h. 6d., E SOM OBSERVATIONS upon a PANI PULET, elated RENIARES on the CONSUMPTION of PUBLIC WEALTH by the CLERGY of every CHRIS• TIAN COUNTRY; and upon an Attack int he /4111. Number of the Edinburgh Review upon the Church of England with a few Remarks upon the Principle of n General Com mutation of Tithes, the whole being Supplementary to A Defence of the Clergy of the Church of England, lately published. - By Ihe Rev, FRANCIS THACKERAY, M. A. Printed for F. G. and J. Itlvington, St. Paul's Church-yard, and Waterloollace. • Of whom war be had,. by the same Author, A Defence of the Clergy of the Church of England; slat ing their Services, their Rights, and their Revenues, &c. This Day was published, In Two Volumes, Octavo, price, in b oar d s , L i s ., with a Por trait of the Author, the Second Edition, of THOUGHTS; chiefly on SERIOUS SUB. nuts:. with Remarlis on Lacon, or ISlatiy Thingii in a few Words. By WILLIAM DANDY, Esq. Of Swlntim Park, in Yorkshire. Sold, for th e A uthor, by Hiringtoris,Waterforppisee, anti St. Pani's Church-yard ; Upham and Woolcuer, Exetrr ; Todd, York, &c.&c. WORKS JUST PUBLISHED. rimE DRUID'S SONG; a Christmas . A F pent to my C oun t r y aga i nst I n fid e l W r i ters. A Sri. crrd Poem. By the Hon. and Rev. EDWARD JOHN TUR NER, M.A.. of St. Mary's Hall, Oxford. Price 2s. An ADVENT SERMON against INFIDEL WRITERS; and an Appeal for the People of Ireland during the late Fa. mine. Price 2s. Printed for the Author; anal gild by Riringtons, N0.,3, Waterloo-place, and No. di, St. Pa til's Church-yard IT. and Hoiit, -Upper Berkelepareet ; and P. Kay , Somerset. street, Portruan-square. Of whom may be had, AN the Former %Turk• of the Same Author. This' Day was published, in Bro . price .is., ADEFENCE of the ESTABLISHED CHURtH from the Categories of the Tail of the New Comet, called the " Council of Ten," Unit has arisen upon the Land; from the Ignis Pawns of a " Northern Incum bent;" from the Aurora Borealis of the " Edinburgh Re view r" and front a Pamphlet entitled " Episcopal Innova tion," 81. c. ; all against the lb/drop of Peierborongh ; and also, from the Ra ys 9f Criticism darted upon the Bishop of Lon by one of the same great lights, which reflect upon itself with perfect elasticity. fly ALMA LUX. Printed for r:c. and J. Itirin►;ton, t 32, SI. Prul's Cl►urch. yard, and 3, Waterloo-Place, Pall•14Ia)I, London. T HE MONTHLY CENSOR, No. IX., will be published on the. I st-of February next, price 2*. Sti. t enntaining, anionic Latter Articles. THEOLOtiY—Virlication Of the Ta•u First Chapters of St. Matthew and St. Luke, by u Layenan—Jowitt's Chr►stian Researches—Bisliop`or Oltoicestei is Charge—MAN) Debon's Sermons.—Coltman's Visitation Sermon--Morison's Lectures on the Relative Dutie►i of Life.' POLlTY—Goldstriß onM r. Canning's Appointment—Let ter to the Earl of Eldon on the present State of Agricultural Lessees—Operations of the Allied Armies under Swarzenberg and Blucher in 1814—Mackenzie's Life of Home—Abbey of Kilkhampton—W. Rae Wilson's Travels 'in Egypt and the Holy Land. PHYSlCS—Robliton's Mechanical Philosophy—Tr:ll'lll4o. tions of the Cambridge Philosophical Society, Vol. I. Part 11. —Marshall's Medical Topography of Ceylon—Caltin tions Physioloitigineg. PHILOLOGY—Lord John Russell's Don Carlos, a Tragedy —.Cunningham's Sir Marniadoke &c.—Malpas, a Ramance—GerMan Popular Sturies--Wright's Pew Days( in Athens. I's - Intel! far F. C. and .1. Ilivingtnn, Saint Paul's Much yard,.and Waierlaa.place, Pall Mall; and G. and W. it: Whit inkrr, Ave * * lone FIRST VOLUME, containing the First Seven Ntnobets, pier 19s. boarth• To T. TAYLOR, Bsg. No. 9, New Bridge-street, London. H2ONntitiftu St R, .y BEG leave to inform yo u , th at ever s l ate t h e AL year 1790, I hail been afflicted with the Lues Vetiereal, which, front its obstinately resisting every coursesit medicine prescribed by the avoid eminent of the faculty here, and un. , dergoing severalsevere - courser of salivation, alai twice dig• charged froin the Hospital with little relief, w ,, tild appear 10 be of the most inveterate aature. In the. spring ut last year ray aisorder had got to such a head, as 'wally to put a petit d to my existence—l had a Verge ulcer on the crow!) of 111% head, an e en each arm, and my legs were broke out in a frightful manner; my right was dreadfully painful, and had been in a state of ulceration for the last seven years; my left , had also two large node* tur it, wits very much discoloared, and gate me such excruciating pain, particularly whoa warm in bed, as nearly to deprive Inc of rest ; iu this lamentable stite, I was recommended by Mr. J. Thompson, (who received SO treat a cure by them here), to take your Lealte's Patent Pills, which I began to do on the 2rith o. May; in the course of a fortnight...l began to receive benefit - -to little more than a soon after, ulcers nu my headand a rms were sontally healed— after, the sores ON my legs healed also; leavinr, how ever, considerable discolourat ion in the skin, and pain in the bone of the kft, which, by the blessing o f 0 0 a, all a a little your invaluable' Medi c in e , su b si d e d ; . the nudes Pe desildui:pe'errsallci; n , e i tlte skin rvgainintits natural hue, and the nocturnal Pains gradually going oT-• -I thus became, by your liberal advice and medicine, perfaitly free front all my former complaints—have recovered my formpr spirits a lid strength, and are became jolly awl fat, in which state liar lug continued many mouths, to the astonislopcnt of all who knew tte, I an* at a loss in what tenets to wirers, my g> it it ode, but beg you, for the good of other soltering mortals, to make tins my case as public as possible, as • I :shall on every occa sion; in 40 doing you will greatly oblige, Sir, your grateful, obedient, very hum ble serea n ALEX. 111lItliElt Swan's Close, High-street, Edinburgh, Witnesses to the elaive Cart foleu Thompson, No. s, New PouitrY Etlinbargh, John SPlntosii, Qlei Assembly Close', Edinburgh, Prepared and sold by the sole Proprietor, THOMAS TAy- Wit, Member of the Royal College of Surgeons, at his house, No. 9,, New Bridge-street, London; where, after a constant residence of more than 40 year'', in a practice piers I' eularly directed to the cure cit Venereal Crimplaints and those incidental to the Parts'of Gesteration. With t hat inviolable secrecy which mon of his -profetAina shunid always observe in. pleb cases, he flatters himself the advice and assistanc e he sratintoasly administers to persons taking this Medicine, will het:sit,. toed, by a slisceraing '4 an issirlf.tag e seldom etsainuale, and %rid of all alubigniq. Also sold, by hie appoint risent,tor the convenience of those tiring at a distance, at the Toysimp, Nt•?._ d o xfin - itreet; Mr. 'Dishtirough'e, No. 7, 164 -greet-hilt ; Mr. Ilaxe r, Sauth-lni4 e, Kit M I . co liwel 's, Ito biin ; and of one p a rson in ever, / ennsia ata ble IR Grind Itritain ttrltl Ireland, in boxes u ' unity es. ;hi. elscsievs.estda:::::::l:dirsoe:::etelityti.p with full and plain direction*, "fhs" l " l'enutol, of either sex fluty cure themselves with ease, VICE-CHANCELLOR'S COURT, JAW.`th. THE COURIER NEWSPAPER.—STEWART U. STUART. This case, it will be recollected, was argued at considerable length before the recess. The leading facts in the ease were these s--In 1799, Mr. Daniel Stuart and Mr. Street became Proprietors of the ConAer Newspaper. In 1804 a deed of co partnership was entered into, in which it was provided, that the property of the Courier should be divided Into 24 shares, of which Mr. Daniel Stuart was to have the first 12, and Mr. Street the remaining 12 shares. The deed further provided, that Mr. Street should be considered the senior proprietor, and that if Mr. Stuart wished to sell his shares, Mr. Street should' have the right of pre-emption ; and that with respect to the • shares of Mr. Street, Mr. Stuart should have the first Offer.— In 1815, the present plaintiff, Mr. William Stewart, entered into a treaty with ,Ir. Daniel Stuart, to purchase some of the shares of the paper, and in 1819 a deed of assignment was ex ecuted between these pa r ti es , by w hi c h Mr. D. Stuart agreed to assign over to the plaintiff' four of his twelve s h ares . Th e question now, therefore, before the Court, was with respect to the construction to be put upon that deed of assignment, and whether the plaintiff was entitled under that assignment tri the . right of pre-emption provided in the deed of 1808, (*simply to the profits of the concern. The plaintiff had filed It bill, in which be prayed that the defendants, Mr. D. Stuart and Mr. Street, might he restrained by lnjunCtion, from assigning over, or disposing of their reepectiVe shares, otherwise than to him (the plaintiff ) Mr. 11at,t and Mr. SmEnottost for the p/aintiff, and Mr. AGAR and Mr. Soodux for Mr. D. Stuart, had been heard previous to the recess. • Mr. WAnwrcic now argued oft the part of the defendant, Mr: Stuart, that the plaintiff could claim nothing under the assignment, being precluded by the deed of 1808. Mr. IIAnT and. Mr. PEMBERTO4. appeared for' Mr. Street, and had nothing to offer in addition to what had been stated by. the counsel for Me. Stuart. Mr. MARTIN (in the absence of his leader, Mr. Horne) stared that he was Counsel for Mr. 11ludAircl. That Gentle. man, !lids answer, did not contend for any new construction of the deed of 1808, but advised the Court, that in ease of a decision favourable to the plaintiff on that deed, he had a se cond objection which would defeat the plaintiff's claim. Mr. Mliudford contended that as a purchaser of three shares of the paper, prior to the plaintiff's purchase, he had a right of pre emption before the plaintiff; an d was entitled to all the homes set forth in the deed of Mr. RELL wished for the production of any evidence of the existence of such an agreement with Mr. Mudforri. Thatgen. tleman never thought of appearing in this suit until the sug gestion of Mr. Daniel Stuart. The VteE.CitaxcELLon called on Mr. Martin to state Ids case. Mr. MARTINI - proceeded to read from Mr. MndfortrsanSwer those parts which related to the purchase of three shares of the Courier newspaper by him, and three other shares at the same time by Mr. Walter Henry Watts. It appeared that. about the year 11117 Mr. Stuart and Mr. Street entered into ad wee: tent to sell these shares to these gentlemen. It was a joint agreement, and both were to take the shares upon the same terms. This was antecedent to the transaction with the Mr. HORNE RAW entered the CORM and being requested to state his Case by the Court, the Learned Counsel called on the Counsel for Mr. Street first to proceed with their`case. 311% HART declined making any statement or speech, Mr. II ORN E.—Then I will adopt the same . MUM, I cannot follow the example of a more experienced man. Mr. IlEtt, then replied.—lfe observed, that the tinestion bey tween the parties was a very simple one, and turned upon the construction of two deeds. The argument on the other side had, it was true, been very ingenious, but, he conceiv e d i t had been more ingenious th a n solid. Before entering into the merits of the case, he alluded to a very inaccurate statement which had appeared in the Courier newspaper, at the time when this question was first agitated. It was a statement in opposition to his (Mr: Bell's) speech, and upon the principles hid down by. Lord Hard wieke, he maintained that no.man had a right to make such a statement. At least, this Court could exercise its control over such statements, and he now protested against them. The VICE-CIIANCEI;LOR.—Yo tt may protest against theta but the Court cannot interfere, as the 'matter not judicially before it. Air. BELT. then proceeded with the ease, und argited that this wit* not a bill for a specific perforrnauce of an:ilgreement, (rui Air. Agar had put it), but to asse rt a claim, YAM to compel a payment of monies winch had been withheld, tiei.atise the plain. tiff would not consent to a particular construction put upon a deed. . The VICE.PRANCELLOR said he had entertained consider able doubts as to the power of interference in this case, by a Court oF.Equity. Ifelusd consulted the common lawyers, and he had learnt Crum them, that on account of the peculiar than of these proceedings, the question outlet not be sustained in a common law court. If, then, a court of • equity was a fit tri bunal, the question was what the plaintiffhad purchased, and what was the intention of the parties: This intention roust he collected from the instruments. Mr. BELL continued : with respect to the right of pre-erup tion, it was comparatively of little value' anti could only be ex ercised as a controlling power to prevenjthe introduction of ob jectionable: persons into the concern. The 'V icE-CIIANCELLOR said, that if hs rightly understood the construction of the deed with respect to the pre-emption, it was this—Mr. Daniel Stuart anti Mr. Street were both senior proprietors as u) all questions against assign ees . M r . D an i e l Stuart, as he understood it, waste senior propriewr as to pur. thasers, and Mr. Street the next stmior proprietor. Mr. Street was senior proprietor of the shares from lit tor ; anti there. fore had a right of pre-eruption as to those, befOre Mr. Daniel .Stuart, and consequently before the plainritt It was clear, therefore,Stuart and Mr. :*reet were, both s to. the whole shares ; but ior,wo 1; 11 :t 3raltor. with. iNtlieeslpect both could not have the option . as to "all' the - shares. They neither of them wished to relinquish 'their rights, and they agreed that MC should be senior ptoprietor as to, One 12 and the other as to the other 12 shares. If he was incorrect in this view of the subject, he should wish to be set right. Mr. BLL E concluded his reply, by a ll u di ng to die claim of Mr. Mulford, and expressing his surprise that that pink:Asti had not_previously asserted his right of pre-emption. The VicE.CristrcEl.l•On believed he hail in his reeolleci. tion all the important facts of the case, and there weri, two main questions to be censidered. lAt, Whether this was a ra4,o upon which it became the duty of a Court Of Equity- to de. dare its opinion as to its right or - pre.eruption chunked by th e plaintiff. , opinion If there were such a case, what was in that re spect to be the jutignient of the Court of I:gtlityyy As the case wits argued so long ago as the 19th 'of Novembcr, he felt unwilling, without refreshing his memory, to give judgment on this important question. Ile desired, therefore, that the papers . might be handed ' to hint, and he would, in a very few BAIL FOIL FELONyr WALFonty applied in behalf of a person named Moses Martin, for a rule to spew cause why he Should not be admit ted to bail ; he stood Indicted for felony. The Courrr asked whether the Learned Counsel meant to .proceed _by Habeas Corpus . ? Mr. WALFORD said, that he did not itt this intend to resort to such a process. The object of the motion was to prevent Mkr tin being improperly arrested. The affidavit on which he made this motion set forth, that Martin was a confectioner, whO took some goods for sale to the shop of a person named Whit e , w h o was not at hom e , b ut h e saw Mrs. White. She bought froth him 3/d worth of goods, but could pay for them only, partly in goods and p art l y i n Money. ' When he called for the balance, about a month after, to his surprise he was charged with stealing from this .Mrs. White 20s. This. charge appeared very extra ordinary when it was recollected, that sh e h a d not money enough to pay for the confectionary which she bought from him. liut still the charge was made, and the man wits brought up to Union Hall, *here the case WAN, after a hearing, dismissecl by the Magistrate. The woman, still bent upon giving the man fur ther trouble, had an i n di ctment preferred - against him and found at the Surrey Sessions. The man went there pre. , pared with Counsel to undergo his trial, but. when the cause was expected to be called upon, the woman had it put orupen an affidavit that sematerial witness Of Iter's was then absent..-- The object of the present application was, that und er t h ese cir ennistantes, he,might be permitted to put 111 hail, AS he Walk, termined to abide his trial. The Court granted the rule for a certiorari to bring a cony of the indictment into Court, rind then to show cause why the said .Aloses Illartin should not be admitted to bail to abide hie trial thereon at the ensuing Sessions, COURT OF COIIMON PLEAS, Jar. EL The Court mat in Banco, at Westminster, until one o'clock, when the Chief Justice proceeded to London to try Nisi Prisi. causes. Ono of the persons summoned as a Juror, stated toll's LoriL , ship, tinifinivas not liabie to serve, nut being an inhabitant 0( the Ward. CHIEF CE—But you have A ivalthouse in h? Juror—No, my Lord, I rents room only, 1 never steep there. Ours' . 1 1 ,7 8T1VE,-111 that room you carry art your busing. Juror--=The business of schoolmaster, my Lord, but no other: CmEr Juirmt —Then you are )414, 3 „ • The Jury were then Sworn, and several eases were tailed on, some of which were undefended, bat none poNeftsed xri public intemt. Aricitrfs court, Jtx. 25. No business of any public interest was transacted in thi s Court to-day ; and the sitting continued only . fur a few minutes. " bill upd witx assigned fora further hearing on the next Court day. ()WARD AND CULBS'S.I3ANKRUPTCY. Saturday being appointed by the Ontirnissioneee at their last meeting for the final examination of the banknipts, when it was expected a full statement of their affairs would tor'" taut before their creditors, it very numerous attendance of etc. ditors took place. After a short tune hall been spent in re ceiving prooti of debts, M r . WILD E, who is Counsel tor the aseignees, addressed' the (4'mm - 6s:toners. He said the Cotninissioners were already aware •of the ar.ti complicattion of the- bankrupts' accounts ever since they had delivered in that statement by which they declared they were determined to abide, the atetignees had been most dz. ligent in their investigation of the statement of the several accounts of the hankrupts with their, creditors and debtors ; which had been so dehvered in, and Mr. Gibbs was in the course of giving the assignees every assistant e and informa tion which. they , desired. With this infortnation and assist ance, the assignees had meth: considerable progress in the arduous duty they had undertaken ; but it would still taint a considerable time before the whole of the accoante could be so fully investigated as to enable the assignees to untie to a certain conclusion on the statement delivered in'hy the bank. rupne The,Learned Gentleman here intim ate d t h at •h e did not think that las t ha n two months would be snitieicht tor the intTose. Mr. rAILBOT OLASCOCIt, alto attended fin , Mr. Stubbs, • who lied just proved a debt of 974/. on the benkrupts' estatte, objected to the delay. na said it was now two years since the first commission issued against the bankrupts, end meta. a year and a half since the present commission issued e and he knew that several of the creditors, who were his clients, ware meth disaatistied at such a length of time being allowed to etapie without a ditvidend being made, or even the benkere•pts having. passed their final exemanation. He knew that till the henk rttpts passed their float examination, they net. be made to gtve up' the property in their po s s ess i on . lifter ,COlt.' rnissionets start e d with surprise, arid said that was not, the Mr. t)Lascocit resumed: he came from. Ireland...a Bank rupt country, where bankruptcy wits as well mideriloed as In any part o f the world t and he knew that there it was quite, a common practice for bankrupts to delay their Maul ex:unite tion, that they might retain property in their hundi, width coulO:not be taken ihnn them until they had passed their final examination. Mr. COraillitlitiOner SEATON to Mr. Glasenes--1-rat , Sir, are there any assignees appointed to a bankrupt's estate tr. year country ?-4A laugh) Mr. Commissioner TwEntox asked Mr. Ghtseeck whether he had seen the statement delivered in by the bankrupts. Mr. Glase.oek admitted he bad not. Mr. T.uriircit pointed to a heap of written paptr that lay on the table ; and told Mr. Glitscock that w its the baler'e.- sheer delivered in by the bankrupts; ever mince it •tiatt been pre. • seated, the assignees had used their ,uturiott dffigsucte it; its in vestigation ; and their counsel* just then declared titer were receiving the utmost assbitance front the'tiankirott try when. it was prepared; but it was still necessary that they, vitouldhive a longer time allowed for examinatien before they tvaki de cide with certainty on its correcttac94. • n the part of th e cre d Mr, tit.ASCOCK expr esse d o tors whom he represented, that sufficient time tiboulitte given before the next meeting, that there ehould no furth e r pointment. After some consu l tat i on , theCoinat.a siurmeraappointed, the 10th of April for the next meeting. BBAMAII'S PATENT PORTABLE I'ENS. AVery . inferior Imit a ti on o f t hi s P opular and Useful Invention lievinsr been introduced for Public Sale, .1. 11RAN1.-111 and SON, respectfully announce that evety Packet of their Genuine Pens is inclosed in a Paper stamped with a fan simile of the Siguatitie of the Inventor ~ .10SEP1-1 11.11,41 M The Patent Portable Pens cominite to he Sol & at the Ori.. Rims, Warehouse, 124, PICCADILLY; and by iunit respect. able Stationers. N. B.—The Prices have been htely reduced. TURTLE. MORRISON'S Pitt SERVE'D PORTAI3LE TURTLE. Sent in Jars (hermetically. scaled) to any part of the World, and warranted to retain its goo 41 qualities for years. lIE TURTLE its these Jars consists of the partsrime of the Fish, killed i n t h e W est I n di es ; w h en •in the heal th arid condition, and will be found to excel :in richness and flayour, the produce of the half-starved Animal, hitherto used in this Country, alter a voyage of several ;months. The Tttwr Z will also be found infinitely cheaper* than that sold by the great Dealers, not: merely fromthe obvious dif. ference in price, but froth its consisting of nothing but pure Turtle, and no such'rtfUse as White :Meat, Tripe, or Liver. To Families residing in the Qegntry, and .to Hotel and Tavern Keepers, this Tern: LE xartifillehmk N A great con venience, as aflbrding , at almost instanf netree,lha necessary supply of exquisite Soup, without the waste endless attendant on dressing a whole Turtle. Certificates of its excellence front l'ersonitges of the highest distinction and best taste rimy be seen ; but & single trial is requested in preference, as more certain of insuring appro bation. To be had Dressed or Undresses, at the . rate of MS. pet Quart Dressed, or 12s. lid. p e t Quart Undressed ; which last makes nearly three times its own quant i ty of the former. The Dressed requires only to be warmed up, and with the. Un-, dressed a Receipt will be given, by which any CoUk may make it into excellent Soup. N. 13.--A liberal 'discount allowed to those who purchase to Dress and Sell again_ , and to pureha.sers of a certain quantity. FOIL READY MONEY ONLY. WAILEIIOU4E, 3, CHARLOTTE ROW. I .iANSION HOUSE, - lON DON; Where may be had, evict) , day, fresh dressed, Turtle for hn , mediate use; and Portable soups of all kinds, Dressed Meats, Presh Salmon, Vegetables, &c. I 'ICTU.4/./...1N0-OFPIVE, Jan. 23. I N 23. II E COMMISSIONERS for VICTUAL LING His .11,-IJESTI"S N.4PY, ere. do herein, girt Notice, that on nesduv, the of February neat, they will be ready to receive Tenders in writing- (Settled ay), and treat for Five Hundred Sachs. of KILN DRIED HOUSEHOLD FLOUR. Sixty Tons of NEW OATMEAL; Two Hubdred Quarters of NEW ENGLISH PEASE ; Two .Thousand Sachs at BISKET MEAL; FYieen Tons of BUTTER. ; Thirty Tons of CHF.ESE; find Thirty Tons of VIRGINIA LEAF TOBACCO, imported in Me oear Ail 2 ; To be. delivered into his Majesty's Pictualling• Stores at Deptford, One-half in the space of a Fortnight, and the other Half in a Fortnight afterwards. The Conditions of the Contracts may he ATCII at this Office. Each Tender must specify the Price in Words at length, and be delivered btAre One o f Cloch an the day appointed, and the Person who makes the Tender, or some Person un his behalf, must attend to answer when called • trd LIE!? CLIFTON.