The Sun. — London, England, 1823-11-26 00:00:00

'" • 2, 17 „?' 19 1 1 1 . • -* e e 3 . 491, S U NUMBER 9753. WEDNESDAY, NOVEIVIER 26, 1823. the plaintiffs, in the present bill, to ',Anti of cu: original plaintiffs anu proceed with the cause; which; however, as the report of the Master in 1803 is nut conarmed, will not preclude Lord Donegal from ca,nsil.iraiion for which the debentures were granted: •" • • PRICE SEVENPENC-TI VICTUALLING-OFF ICI!, Nov. 22, 114 43. THE COMMISSIONERS for VICTUAL LING His 31,1JESTrs v, 4.c. do hereby give Notice, that on Tuesday, the 9th December next, titer, will be ready to I'ffeire Tenders in writing (sealed up), and treat for a quantity of TEtISH NAVY BEEF and PORK, equal to a'sout Two Thousand Tierces of the former, and Four Thou :and Tierces of the latter, qf the present Season's curet to be delivered (two third parts in Tierces, and one third port in Ltlrrels), into his 41iajesty's Victualling Stores at Deptford, Getwern the Ist Jan:stir', ant! 30q 4 April next, and to be paid for by Bills, payable, without interest, sixty days afitt . date, LAW INTELLIGENCE, Pon.with the details in the public Journals, web not with die fads of the identical Murder of Mr. 'Weare. „ Dlr. elan. itYAT said he appeared as COUTI33I for Mr. Romney, the printer of the play-bill. wheatieaffitlavit sorted that, he had printed I:tithing of the kind4fißeind submitted there. was no-, thing that could call tin - the - Celjprf to interfere as Against him. Tie (the Learned Connsel) . therefore submitted that there was no other averment affecteng further than its being sworn, that his name was affixed as the prieter, when it should have: been averred that he was the enion Who did so print a nd pub lish. Ile agr ee d th ere was a` reference in it to the late murder, with a notice of scenic representation of the cottage of Oars Hill and garden, with a hell in Wetlingestreet, and a gaming. house in Pall-mall. lie sitbmitted the mere `name of Romney as the printer was not sufficient to sitetain this application as against Ilia] ; and especially 33 it was not attenepted 110 be shown, that in his being ehe printer of the bill that he had any *inflexion with the represented," wherein Thurtell was intro. duced on the stage Mr. iletennliws, for the d e f en d a nt s , sa id he had nothin g fur ther to add th an what had been stated. Mr. 0 uneity, in stipport of the rule, contended, that it was of the utmost importance that Leith the public Press and Theatres should kreetrained front such improper and indecent attempts to prejudice Al ie public mind, and also of thos e w h o might he called upon to try oiliences affecting lives or theit fellow-subjects on criminal cherges,'Orelat such should be sub ject to be arraigned or tried by any other tribunal than a Court of Justice, What would the Court say to the indecent play-bill which lie recited, The Gitogicrs It is thus we hold the mirror up to, nature. The stage has ever, and at all times, been the most impressive nixed of instruction for public morals, &e.--(l4aughtero In reply to the objections urged in favour of 'Romney, he ine stowed the Act of Parliament requiring the printer's name to be affixed and entered at the stamp-office ; that this wise stall dent evidence to fix him as printer. lie instanced the Kin 's proclamation, being in the name of the King's printer, that the Ceurt was bound to presume it (Adel. Mr. Ceiner 1' argued against the position of Mr; Gurney, and the Colin decided in favour of 11 Ir. Chitty's opinion. The Loup (helot. JusTicee—We are all of opinion the rule should be made absolute, but not as against the printer. We are all of opinion this scenic, representation had a connec tion with the murder chaeged to have been committed by .1. Thurtell now under,commitment for trial at the 'ensuing Assizes. I.'here is at the same time a great deal in what lee; been said by 111 r. Common Serjeant, that the repreeeetation did not correspond with the evidence likely to he given on the trial, only that it corresponded with the circumstances which have been published in the public papers. With respect to the affidavits,. that one of the persons in the said dram* in, tended to represent the said John Thurtell, and that there being a crowded audience who expressed approbation at the officers being represented in the act of apprehending the said John .Thurtell, we are of opinion that there is here quite enough to connect the, representation with John Thur. tell. under the very °Melee for Which he now stands coin. mitted for trial; and that it appears to have been fomally laid in evidence before us, brings to our consideration whether public Newspapers or public Theatres are to publish or ex hibit upon the stage circumstances under which a British sub. ject is about to take hie trial for life, before a Jury of his coun trymen, it is quite impoesible, that any man, who considers the nature of such publication, can withhold his disapprobation of such public exhibition, as to its being highly prejudicial to the ends of impartial justice, and itself indecent and improper— let the rule therefore be made absidute. 111 r. Justice BAYLEY—I entirely concur with my Lord Chief Justice upon the principle of law, which is--that every accused person is to have an unprejudiced trial--and that the publica tion of evidence, or commentary thereon, before trial, is an offence highly criminal inatty one, although such should be a faithful report. Mr. Justice BEST and Mr. Justice notnei'D concurred. Rule absolute for a criminal information. THE X.ISG V. WOODS. Mr. COMMON SEHJEANT prayed the judgment of the Court upon the defendant, a gentleman of property in beices ter, who shelved no ciese'against a Rule. for a Criminal Tutor illation tiled against him for words contained in a letter written by.him to an Attorney at Leicester named Payne. Mr..SOLICIT,OR-IiIgNEI;AJ. this day, in nugution of punish ment, stated that this letter arose out of a inisanieeption On the part of the defendant, that dir. Payne was the cause of foment ing a dispute which then existed between the defendant and his wife, but which was now happily at an end. Their ioortishipe having consulted together, said it would be better for the Parties to speak together, and then the cletentlan might come up to-morrow if necessary. CAV• tipart thosctignatuviv4. tote able to go to Oh., trial n a very short period. On these grounds t!;;.' eierjea.tt tristed that the Court would'inake'no , objrctitio to Hinting , his t ootaigtute.o stigw cil4lc! grflutek 111011 • COURT OF ADMIRALTY, Not, • ••, ENc it nit t 4 , • T • The Kixo's AnvocAE MA, in t/lIS Ca 32 a petition ilatt been moved for head money for the above 14101144,*hifiLlvAs captured in 1800 ,by the Bon Fortuna-0% vess e l L a bine had 47 men and two guns, which the . Captaiii placf , d on etore in tit. Domingo, 8,n4 onmiunicitted ha. d „Owe tile 9ptur,.. Sir Christopher now prayed for ,the head nioney,i'oriliee csptitrc, and observed thst the Captain had done no More th:k. , l ve irivi ent ly done in the war; viz. Landed the. min ' M t: r vessel was very much crowd e d, on t h e promise of 3itttitr:t Lord STowELL ordered it to stand over. COURT OF CHANCERY, Nor. t 6. RIGHT OF JEWS. TO VOTE AT THE ELECTION or A EEC MR. IN THE CASE OF ST. STEPHEN'S, COLEMAN-STREET COURT or KING'S BENCH, Nov. 1% PRATT v. FAYLE. The LonD CHANCELLOR (after hearing Mr. Shadwell in support of the presentation) declaied.that he would. not deside on the validity or invalidity of the votes admitted or rejected ; but he had heard enough to make him doubt whether Mr. Foyle was not the person duly elected. Two or three hundred pa rishioners were the trustees in this case. If these trustees, by any circumstances, were prevented front exercising their right of presenting to the vicarage, it was' his duty, as Chancellor, to prevent any other party, suppoie the Bishop of London, from exercising the right. So long as the Court entertained any doubt whether the trust has been duly executed, so long shall he take care that the rights and interests of the trustees were neither usurped nor infringed on.. lie should therefore feel himself bound, for the protection of the trustee, to grant an order for revoking the presentation, and' preventing the ,13ishop of London from inducting Mr. Pratt, or any other into the offite of Vicar, until 112 shall have been ssnetioned'by tha future decision of the Court. JUDGMENT OP run COURT ,Ort'GrI3IIILLUS. THE RING tr. YIELDER A ?fp The SOLICITOR.GENERAL prayettjtairgirnent of the Cotlrt on Fielder and Aldridge, who were corieted of keeping a com mon gaming hiMse, tio. y, Ilennett-streel; St. Jimes's. The LORD CHIEF J . STICE retited 'the indictment, and evidence on the trial. , • The prosecution was the same as in the case (if Asterclay, namely, Thomas Eskin e Crent. The defendqns 'presented themselves on the floor of the Court. • • , • Mr. ADOLPHUS submitted, that in this Cate there must be an arrest of judgment, on theground of a technical objection to the form of the tralicttuent. Mr. CHITTY iOnSIVCd on the same side.' It was riot suili cient to describe the defendantA,as being common gamblers, but that there truest be a local plane, 44r:wait:RI givAtt,:whicif in this ease had not'bein , set forth *ith sufficient prtaltion, to what was termed there keeping a common gammg-hotise.— By the statute, a penalty of 2001. was given to the poor of the parish and that made it the more imperative that it should be distinctly set out where situate; in order to ascertain what pa. rish was entitled to the penalty. LORD CHIEY JUSTICE—if the count in the indictment charged the room to be in the parish of St. James, when proved on t)te trial it was not, the defendant was entitled to an ac quittal on that account. Mr. Justice BAYLEY—It would b> equally important in all indictments for felony that they should set out the true parish. The Sot.icurott-th:NunAL, in reply, said he apprehended all the arguments used by his Learned Friends would apply to, a civil action; and not to an-indictment for nuisance. He con tended it was not necessary in actions for nuisance correctly to describe the pal.Sll, and referred to several authorities in an, saver to the objections taken for the defendants. The Lou) CHIEF JUSTICE directed the defendants to be brought up again to-morrow,. in order that the Court might have time to consider wheLher it would grant a rule to show Cause. The Tenders for the Beef and Pork are rsqu•'red to be se parate, and no offur is to be made for a less quantity than 1.(:) Tierces of Beef, or two ri m , : o f Pork. 7We Condition, of the .Contracts may ben" at this ,(rctir" " aY applying to Mr. J. W . Dunstere ill e , .„ rictualling at Haulbowlitte, Carle: to the Collectors of His Araje,ty'i Ctiatomeat Limerick, Be!fast, Newry ,and )rater .. rd ; or to the Secretary to the Postmaster-General at Dublin. Z ia reader must specify the Price in Fr ords at length, aa4l be delivered before One o'clock on the duo appointed, " Nd mot be accompanied by a Letter signed by Two re. spotaibte Person,, engaging to become bound with the Party I " der i"t, in the p ena l sum o f one third yart of the value, , the due performance of the Contract. ri Per:0 11 who makes. the Tender, or nonce Parson on Irs 6 , 4" y; must attend to answer when called . ~ THE YAM 1)14 NICOfrA. The KING'S ADVOCATE said, this watt a cue of salvage,..itt which it had been referred to arbitration ; various esprneca's• were, Allowed on the awards;, 'on schedules made al the tithe, .. . An appeal has been brought. into th a t a war d; on the ground that they had Ail Owed too much for the experuntsi . it..tad two . . .aratted before hi s L or d s h ip,. and subspient!, a reriort wtet . made by Commissioners, rand he pr A k e d it niiviir row bt cdn- armed. . „ , ~a . , . . . Os, azawxit .ctivo4Dritt,4l44oo,hpg ..AwAg„t i .wit.ir bottOtl ',.. • . .• froth Cate to Aniffleital», 4 6 tldK . Wifro, and uorn In their pass Age they were stranded on the coast of Shisteat part of the cargo was taken out when the vessel wen: to pieces, and a groat portion of the car go was picked up at se 4 ; they were. con veyed i veyed n waggons to Whitehaven, and it wits '..hen referred to three Magistrates, who made two awards, and annexed certain schedules of property to be sold, to defray the expences, they were acting under the Ist and Vti George IV., but to the report of the CummisSioners he (Dr. Jennet) o bj ec: oil, because cx. elusive of the allowance to the salvors, many items had:been charged to the owners, which, he contended, ought to be in!. eluded in the allowanct* to the salvors—and submitted that rho case ()Isla to be referred back to tire llegistrar of Merchants, in order to ascertain what they Cbtleeir;:d WA* neCOSmary to' be done. ' Dr. PIIILLIMORE followed at some length. The KJ erci's A nvociaTE addressed the Court in reply, when Lord STOWr.I.T. said, the case had been before the Court . . respecting the construction of an Act of Parliament, and which he considered was for the beim& of salvots: 11 is Lordship then went through the whole of the facts of the c!,,se, and con. eluded by confirming the report already made. - VICE-CHANCELLOR'S COURT, Nov. 2,5. HOLDITCII V. MARQUIS OF DONEGAL. Mr. FosrimaxcluE, for the defendant,: stated this was a cause that required the minutest investigation, as a suit was instituted in Ireland, to'attain the same objects sought by the present bill. The original bill in the cause was filed in Trinity Term 1802, and in August 1803 the Master was o r de re d t o re . port What persons were Owl fide holders of debentures affecting the estates of the Marquis of Donegal, in pursuance of which order he reported that Mr. John King was a holder of- deben tures to the 'amount of 20,0001. and also that other persons were holders of such debentures to a large amount. The plaintiff in that suit was a Mr. Jones; whoie claim was' atisfied by a compromise in the year 1816, when his representatives were paid 11,0001. in full satisfaction. The present plaintiffs claim by their bill to be holders of various debentures of the above description, by assignment from a Gentleman named Bennis Berry, and several others, as administrators of Sir John Ladd, who, it appears by the Master's report, were not the original grantees, 'those debentures having been originally granted to Mr. John King, a Mr. Grant, Mr. Davis, and Col. Whaley, none of whom are now before the Court, and who, if they were, could give most important information how those debentures were obtained. In the year 1009, the Marquis of Donegal paid the plaintiffs upwards of 6,0001. in satisfaction of the debentures they then held ; and in the year 1818 they filed Chill in Ireland for the payment of a new batch of debentures Which they had 'Collected after that payment. In that suit they claimed for all the debentures in the present suit, except those assigned by Sir J. Ladd, which, however, they stated in their *sent bill were assigned to them in 1810. If that statement were true, their conduct was oppressive in instituting separate suits for an object which might be obtained by a single suit, such oppression as . a Court of equity would never sanction. The Marquis of Donegal put in his answer to the bill of 1818, in 1819, and asserted that he was not justly indebted for any of the debentures stated, in the bill, except o ne assigned to Sir John Ladd, all the others having arisen out of gamblin_g, usu rious, and other fraudulent transaction s . Th e p l a i nt i ff/ were by this answer put in the prose of theconsideration originally given for these debentures, but they shrunk from the tasks to escape from the proceeding, were even content to allow their bill to be dismissed, 'although Lord' D. hiniself had not pro ceeded to the dismissal'of the bill. To avoid the proof of their claims, which was required by the Marquis of D. 's answer, in Ireland, the plaintiff s came into this Court and obtained leave to file a bill, in which they Sought to avail themselves of the Master's report in favour of the debentures made in the year 1803. But if persons were found in possession of securities fora great length of time, and laid by, it must be for some ob ject; and what object was so probable in the present case, as to await till the evidence by which the equity of such securi ties might be combated was destroyed ? On this ground, and also on the ground . that a Suit' for th ose ver y d e b entures was .still pending in Ireland, he prayed that the bill might be die missed. • If. WALL ER ctrFrov. NOTICE TO MARINERS. Trinity House, London, Nov. 20, 1023. NOTICE is hereby given, That conforma bly to the Notice issued on the 7 th insta nt, a BUOY, 8tr : 1 1 : 4 Black an d Whi te f ro m the Nozzle to the Head, a w ord te Circle upon the Head, and a Black Cent re, with the XENTISII KNOCK" in White Letters upon it, tyin gßeacon or Staff; on the top of which is a Globe qua tered r , Perpendicularly, Black and White, has been placed b°eil the KENTISH KNOCK, in 51 fathoms at Low Water, rin g N.E. from the North Foreland Light-house, distant 11 miles. Mr. Justice R rI.Er hero.. observed, that he recollected a person of the same name (we think he sAid Felder) being tried before him when sitting in the other Court for Lord Llleu. borough, and in which he guilty,- but never-brought up far judgment. If his Lordship's. memory was correct, this •was six or tight years ago. lie would, however, refer to his note books, to be correct in referring to the subject; Ordered to come up again to-morrow, From the LON VON . C. 4 A Z 14"1"1` Arou. sututey Tlf MIN IL INFORMATION ItOR THE ItEPRE9ENTITION OF THE GILL'S HILL Carlion House, November 2L The King was'this day pleased to confer the honour of Knight. , hood on Francis Bayley, Esq., Recorde► (>1 the Prince .of Waels's hand. MURDER. At the time the BUOY was laid the weather was so thick ~tnd 1147 y that no other-Bearings could be ascertained :—fur. tiler notice will be given as scion as they can be accurately taken, • • IVhitchall, Noy. 24. The King has been pleased to grant to Thomas Le ilreton the younger, Esq., t h e o ffi ce an place of Procurator-Ger eral In the island of Jersey, in the room of Jahn Ditniatestb Esq. deceased. The King has also been pleased to grant to John Willi am Dupre, Esq the office and place ot - , Ad v4);:ate.f,!cneral or ~t he island OF J ersey , i n t h e room of Francis John L. Centaur, igsq., resigned. EAST INDIA HOUSE, N0v.25, Is'23. TUE COURT of DIRECTORS of the UNITED COMPANY of MERCHANTS of ENG LAND TRADING to the EAST INDIES, do hereby give Nstice, BANKRUPTS. W. Woody, !Reda, joiner, to surrender Doe. (1, 11, Jan. 6 1 . at the Court-hous e , Leeds . Solicitor, .NlCBtilitlison, Old LI,T of UNCLAANIED DIVIDENDS on EAST P l k. ti:VOCK, up to July 1020 inclusive, will be publish. H o: " "1 " 1 Y for delivery in the Transfer Office, at this HouseU Prid.ty, the sth December next. JOSEPH DART, Secretary. A MEETING of the FRIENDS and SUP PORTERS of FIENRY ST. GEORGE TUCKER, fq. is r equested at th e CITY of LONDON TAVERN, WO..IIIORROIV, the 27th inst. at One o'clock, for the poe. N o se of c onsidering t h e steps w hi c h s h ou ld b e t a k en t o pro t* the Election of that Gentleman to a Seat in.the East In 4114btrection. Robert Shedden H. Strachey R• C. Bazett ►i'. Blackburne William Remington Thomas Shaw Thomson Ilankey P. Hughes J. Farquhar Charles Lloyd J. Ruddell 'road 31'11Ham Ranken J. D. Boswell George Garrow Lewis Loyd Gabriel Gillett James Taylor Gambier Henry Poreher Thomas Baring 'Wm. Chu. Alston D. Colvin Ynyr Borges Alex. Johnston John Pepys John Martin , Wm, Wilson J. Alexander Wilks I. Deacon Thomas Weeding M. Nightingall D. Charles Guthrie Robert Alexander S. C• Holland P. Heady T• Redhead John Chamier W. R. Davis George Cumming Edw• Pletcher Thomas Blair Z. Macaulay M. Isacke Q• Kirkpatrick James Sutherland R• Steuart Edward Golding JOT Fullerton Kth. Mackenzie Hutches Trower James Imes. PRIVATE PUPIL. Vt IEO CLERGYMAN of the ESTA -I,N, Tr,IIED CHURCH, residing within tt c°9" ni ". l . t f . ; 4 : ll ll ::l . :,; 3 7:dlinvand rece iving a FEW PUPILS into can be ACANCI . The in i or ci t e s n a t t l i e s sa fa e c n tor w y k ß o, e; has glten to Noblemen linf 4. l; e i t t:r hecaatdetessee to the Reverend E. S. J. at Mr. Whitehall, London. Wiv r ER CLOTHING 'Olt SHARITIES. E: " \l 'S Knit . Shetland Hose, 83.6 d., Worsted 108 6d., 13s. per dozen, very stout Ribbed, 145.- 3 _ B , MV, - ,"ul Wool, lis to 14s.—Flannel Waistcoats, ' 0 .i 2+4 or ditto 2h. ;0 30s .—S potted And White Jersey ditto, s. 4Q;;,`9,1., als..2W 1 I ad , 10d., 11d., ls. per yar4 : 7 itu 44 , 4 Lin : c Flan n el, 9a. ss. etta.—is Petgdi' '4* 9d " 3a ' 9n d., 1 47.t..... 4 1t 1 ;ey Woolsey anc F 6c l i a . n p ie r l kir.coats, 3s. ,and 3s. Gd.—lllankets, 4s. fid• Bs. 12s. 6d. 10s, . /PettiZzle/74°rne„Ilts.and Children's Shetland, Bs. 6d., (.1tt444'8 C o \ v fl i tle . , Black, and Slate-coloured Wors_ s te . d . ,a . n_d t Coats , l h` : to 14s—Lamb's Wool Cravats, V 111 TartOck Caps, Yarn Gloves, Mittens, Welch Wigs, h'"f4lN ` - ' 4 l l Bl &c tAtY ~STEAR and CO. most respectfully inform the No. elt i e ntry, that the above . are Part ofaver Priced i ,'tt of ~.47,48 on sale for Charitable uses, the Annual„ the 'INN ! 1"1.1.ch may be had'on application.—Orde Ito 1 10, i i e );1 with a remitta nce or reference,_regularly forwarded. yli4(l F lannel Warehouse HI, Oxford-street) antheon. 1144141'41S nder-clotin Wg, of p c , ..lilttr softness, pne Welch ash Leather aistcal Drawers, Socks" Ir' The Vict-CitasicELion said he had given leave to file the supplemental bill, because the case now made out was not then disclosed to him. The Marquis of Donegal's affidavit made in objection to filingthe supplement a l bill h av i ng state d no other fact than that a suit for the Caine debentures by the same par ties was then pending in Ireland.' A pending suit in a foreign, jurisdiction could n ever b e a groun d for refusing to entertain a claim in this country, though the judgment by such a juristlic tien might; but had all the facts stated in Lord Donegal's answer in Ireland 'e3ezi brought before the Court, it certainly would not have allowed the supplemental bill to be filed. The difficulty now was, whether the present Plaintiffs having ob. tamed leave to file the present supplemental bill, and thereby' place themselves in the situation of the original Plaintiflii, the Court was not bound to proceed with the cause? Mr. BELL, on behalf of the plaintiff, stated, that the Marquis of Donegal, on coming of age, in the year 1799, found himself involved in debt to a great amount, and, for th e sat i s f ac ti on o f his creditors, execute - di conveyance of his estate to trustees., with power to investigate the consideratio n w hi c h was rece i ve d for the several debts, and also to compound and arrange with any of the creditors, and to grant assignable detentions to all creditors who would undertake not to bring any suits in Lai or , equity against LordDonegal for their claims—no debentures to he given without Lord D. being a party to it. It appeared in the cause, that Mr. John King, at the time that the Trustees were appointed, was a, holder of the Marquis of D.'s securities for 40,0001., which claims were all by compromise satisfied by debentures for 20,0001. The Master's report in 1803 was con: firmed nisi, though not absolutely, and no objeetion was made to it. The Marquis of. Donegal was then residing in Ireland, where he continued till 1807, when he came to this country, and a supplemental bill' was Immediately filed against him, to which he answered that a suit was then pending in Ireland for the same debentures, by the same parties, the representatives of th© sald'HenrY Jones; to which he had answered. A decree was pronounced in that. cause, by which the trusts of the deed were confirmed against the defendant. lie did not in his an swer in thatcause make any Objection to the Master's report of 1803, and the Court would not, at the end of sixteen years, allow him to make such objection. The VICE-CHANCELLOR observed, that plaintiffs in that cause had never come to the Court to have the Master's Report confirmed absolutely ; hadehey done so, the Marquis of Done gal might then have made his objections. Mr. BELL Koceeded.—ln the year 1818 the Marquis of Do negal compromised the original cause -by which means he ob. tamed possession of documents, by which the consideration given for many of the present debentures could be proved, and now he made a defence which he did not make in the year 1807. He admits 'tilat the debutures assigned to Sir John Ladd are valid securities, but says, as the plaintiffs have also some that were assigned to John King, which he means to dis pute, therefore their bill should be dismissed, and they shOuld not be allowed to derive any advantage from their suit. It was argued that the plaintiff's were purchasers of contested deben tures that were made assignable by the defendant,' and those he had chosen for his protection, and some of which were. not even now contested by him. The VICE-CHANCELLOR pronounced his decree as fol. lows :—ln the year 1802, .4 person of the name of Jones filed a bill in this Court, against the trustees of Lord Donegal, on be half of himself and all other creditors, to which Lord Donegal was not a party, being then out of the jurisdiction. In the progress of this suit, the Master made a report in favour of the validity of the debentures, which report was partly confirmed There was no mode within the power of this Court which its order or receiver could benefit the creditors, the property be. ing in Ireland. The repreientatives of the plaintiff; therefore, commenced a suitin Ireland, which was terminated by the com. promise in 1816 ; and in the year 1810 the present jilOitiffit in stituted a suit in Ireland for a part of the indentures they h e ld, and Lord Donegal, in his answer stated that the debentures held by the plaintiff's were obtained by the original grantees on fraudu lent transactions. Messrs. Houlditch then came to this Court, and prayed to be admitted to prosecute the suit t commenced by Jones, on behalf of himself and all other creditors. • It further appeared that Lord Donegal made an affidavit against that tip. pheation ; but that did not state any sufficient grounds to cause the Court to depart from the established practice: Leave was therefore given, and a supplemental bill was filed ; and Lord D oneg al states, in his answer, that in a suit brought by the sa me plaintiffs in Ireland, he had charged fraud on the original obtaining of the debentures, which fact was then in issue. Had he made this statement in his affidavit, the Court would not allow the supplemental bill to bellied; but having allowed. THE KING V. WILLIAMS AND ANOTHER. Mr. GURNEY said, lie moved the rule for a criminal infor mation against Lleareßin Williams, proprietor of the Surrey Theatre, anti understood the Coinnion Serjeant and other 'earned Friends Were ready to sitew'cause against the rule. (The printer of the play-bill, Mr. Itoniney, of Lambeth, was included in the application.) Mr. Coaterosi SE 11.1.EAN T. in shewing cativo against the rtile, said he had to refer to the affidavits of Mr. Penton, the attor ney of John Thitricll,' and of Thoniae the brother of John Thurtell, which set forth, that having seen the play-bill an nouncing this performance, notice way given by them to the proprietor Williams, desiring, not only that such might not be represented, but alio their intention of applying. to this Court for a criminal iiiforniadon, when the said 1,. Williams stated to deponents, that it was too late to make the application as to any alteration to be made in the performance that night, as it would disappoint a crowded audience which was summoned by their hand-bill e lint that after that night it should certainly be discontinued, and the fact -appeatett;:that on that night the house was particularly full. Loan Cserxr JuslteE.—Airhy did not defendant promise that it should not be performed even on that night ? COMMON SXvJEANT.-13ccause, if the audience felt disap pointed, this would have created a riot. LORD CHIEF JuSTICE.—No, because , it was his duty, and he might have returned the money to every body. Mr. COMMON SERJEANT proceeded—the affidavit of de fendant 'stated; that front that night the performance had not been repeated, and that having entered upon the exhibition of such piece, it proceeded from discretion on the part of Mr. Williams, who is a very young. man. lie further submitted to their Lordships, its bong set forth in the affidavit of 31r. Fen ton, the ready manner in which .MreWilliatrin had consented to withdraw the performance; 'and that lie had not •been dise posed, as he promise-!!,' to repeat it any further ha 'consequence of its bein g rep resente d t h at i t would have a material effect in prejudicing the ends of impartial justice, which was by no means anticipated.‘ Ile submitted, that although this was stated to be the ground of 1)1r. Fentioo application, that Oen tleman himself hail, in a great ineasare, admitted, since the end was now averted, that there was no longer cause of cam. plaint, and therefore lie trusted their Lerdships would think it sufficient to discharge the rale to 'how cause. Mr. Ounxxv.—E cannot accede to that. Mr. COMMON SE lIJE.INT proceeded.—Theaffidavits of Mr. Fenton and Mr. Thomas Thurtell did not aver that the repre sentation of 'the murder of Weare on 'the Surrey stage was connected with eircunistanees that had occurred, or had any analogy to the evidence that was likely to be given on the trial, but that they had reason to believe it was a correct re semblance of the facts, which had been detailed in the public newspapers, relative to the said murder. T. Thurtell'it affidavit further went to charge, that having recovered a 'considerable sum of moneyfrom Mr. Beaumont, the 31anager of the County Fire Office, which was the subject of an indictment against de ponent and others that such piece having; allusion to !din, also tended to prejudice the ends of impartial justice, aierelated to this deponent. That, upon seeing a copy of the hand e bill an nouncing the performence, he went to the said theatre, and there found the mune of the *proprietor to be Llewellen Williams; whereas he (Mr. Common Serjeant) was now instructed to state that his name was not only Llewellen, but Llewellen Watkins Williams, and that the said performance, entitled" « the GatnlN ler*" had not been performed since the nth of November, inst. Be admitted the announcement in the bill itself wee sufficient ' to bring the matter before their Lordships; but the averments in the affidavits put in did not sufficiently conn ec t th e represen tation with the facts of the murder, but as being very nearly resembling the circumstances of the E4tid reported murder .for which the said John Thurtcll and others now stand fully corn mitted to Hertford gaol, to take their trial at the ensuing As sizes. With this exception, that the repieuetitation in the piece exhibits one party less guilty at the ,expence of the others. He contended it was not enough that it teas nearly resembling what appeared in the newspaper*, but that the party should haVe sworn that it nearly resembled the evidence which would be given on the said trial. That it merely agreed with the de tails which had appeared in the Public Journals, in his opinion lift the case greatly deficient ; and . the exhibition having been stopped, he trusted there was no further cause of complaint. Then these sifid av it s went on to state, th at i n t h e sa id d rama intending, to apprehended by represent the said J. Thurtell in the ac t o f b e i ng the officer.; ofjustice, for the murder of the cle. ceased Mr. Weare, at which the audience expressed great apt plause and approbation, such representation thereby tending greatly to prejudice the public maid, and to defeat the ends of Impartial justice. Lonn CHIEF JurricE--Thesflidavit states, the personi fication of one of the parties in the act of being seized by the officers, and th at p ar ty being now under c ommitment to ta k e his trial for t h e mur d er , at which the audience expressed great, applause and approbation, yet you hope here is not sufficient /,'c e n a n u n se ot to re m fer ak th y e a t n he r‘purleecedabseinit, doctrine, o r authoritluto-for a criminal ' information. The Cosmos- SER.TrAI77-1 am sorry, my Lords, that I that would tolerate public exhibitions at Sort; Only lau mit there is not sufficient in these affidavits to warrant the Court's! making the rule absolute. Air. IlmixwE I. t. followed on the same side. Ile could not deny the fact as taken up by the Court, that,thie had a tendency to prejudice a person about to be tried for a iiiippoied crime, but that it was not sufficiently demonstrated by chose affidavits that such representation was likely to affect.the Jitry on the trial, so as to prejtidice the public mind against the ho. cased. But it was sworn that siich was likely to prejudiceJOhn Thurtell, lie a dmitted it waslikely to excite suspicion against him, b ut t h at d id not go s o far as to presume. it would le a d to int his catl ir ' Cl e e sincet r i , ° L , tie Colilitr' would not be trial u p on suspic i on of the t could ciily.conneastich lepepie4ta. CRIMINAL INFORNIATION. Mr. CHITTY moved to file a criminal information against a printer named Joseph Edgerley, of No. 70, Fleet -street; also against Messrs: Sherwood and Jones, for the publication of a Narrative of 'the Murder of air. Wenre, with an Account of Pmbert's Cottage, and Facts said to be furnished by the Pro, prietor of the Cottage. The motion was made upoh an Ohio. vit stating that 10,000 of the publication had been sold in the: county of lierts, where the prisoners were committed for trial. —lt was therefore considered that a prejudice had been excited injurious to the persons to be tried. The affidavit appearing to the Court to be defective, Mr: Chitty undertook to amend it, and renew his motion. The Learned Counsel stated, that he had two applications to make against publishers. sTEAm-Es(l)ft NUISANcr. THE Kira; V. SYMIIONS AND WALKER. The LORI) CHIEF JUSTICE, upon cominglato Couri, dressing .Mr. Gurney and .Mr. Common Serieant, said that Mr. Barnewal consented to inspect the state of tyre steam.engine in Whitc , ..hapel, which had been found a nuisance. The Court therefore appointed Mr. Marnewal, in terms of the Act of Par. 'lament, to inspect the premises and to report. COMPLAINT AGAINST THE MARS,HAI., OF THE ZING'S BENCH. A person, who had wished to address the Court - at its rising last ni g ht, . was now called, en d p resente d a petit i on, verified by affidavit, complaining of harsh treatment and loss of pro perty in consequence of the conduct of the Marshal, 111 r. Jorge., towards the petitioner, a prisoner for debt, and praying for redress and payment of the costs or this application. The petitioner's name, we believe, is Dudfield. • The COUBT, ordered a rile to be served upon the Alarshal to .answer the :natters set forth in the petition. It ESL/ It CCTION MEN. Mr. ANDREWS Moved for a errtiontri in the case of some perions indicted for robbing a church-yard, in the parish of Clerkenwell, to be tried in this Court. Mr. .lUstlCe noratovn granted the application, on condi tion that the parties undertook to be ready for trial at the Sit. tinge after the present Term. BITING orF A HAWS FINGER. Edward Cheesernan, laving pleaded guilty to an tumult upon a revenue officer, and obstructing him in the execution of hilt duty, by biting off: his finger, came up to receive judgment. • • _ fir. Justice . BAYLEY said the Court had taken into its con. siderotion the affidavit that he did, not tell him, nor did he know he was an officer, and on consideration that the de fendant had already been imprisoned one month, the sentence of the Court was, that he should be imprisoned. one month Wore in llorsemonger.lane (hod, and to enter into his own recap nizances for his good behaviour for three years in the sum of 501., COURT OF COMAION PLEAS, Nov. Z. • itawx iris v. 'tomato) AND titliNS. This was an action by the plaintiff, who is a Barrister at law, against the defendants for a ladle:, of which the defend:. ante had been guilty, in taking certain imperfect securities of the Duke of Marlborough as his agents. It stood for trial at the last sittings, but was then postponed on terms, in con sequence of an application made by the defendants. Mr. Ser. leant VAUGHAN now moved, on their behalf, for a rule to show cause why it should not again be put off till the sittings after neat. Term, the plaintiff, in case of his obtaining a verdict, having judgment, as of the term. The Learned Serjeant made this motion upon two grounds ; the first, an affidavit of merits; and the memo], en affidavit of (Ebbs, one of the defend: ants, thache had been fur some mikritits past.so much occupied in arranging the butiness.of hiahankruptcy'ai not to have been able to attend to the circumstances of this suit. lie had now, after 300 meetings with his creditors, .passed his examination so touch to their satisfaction and to that of the Commissioners, as to have got tho signature of 'the Commissioners anti 112 of his creditor* to his certificate ; .and he consequently now ex.: rettdoni lit 4tl. within the *teat three days oltutined his certili. T.'Whalley, Charley, Lancashire, manufacturcr, Dec..l9, 16, Jan. 6, at the Bridgwater Arms Inn, 51ancheru,.r. tors, Messrs. Hurd and Johnson, King's Bench-walk,Temple. C. 'Whalley, Rivington, Lancashire, manufacturer, Dec. ttS, 16, Jan. 6, at the Bridgewater Arms Manches. ter. Solicitors, M eso n. Ifurtr and Jainism, -Ring's Bench walk, Temple. Grant, Clifton , Olocestershire,lodging-bottsc-keeper, Dec: 2,3, Jan. 6 at the Conunercial.rooins, Bristol. Solicitors Messrs. Bard and Johnson,,Temple f , J. Cliamptaloup, Counter-street, Southwark, orange-rip:lr. chant, Dec. 2, 6, Jan. 6, at the Bankrupts' Court. Basing.... hall-street. Solicitors, Messrs. Blunt and Boy, Old Broad.. street. C. Vincent, Tarrant-Rushton, Doraetshire, dealer, Dec. 2. fri Jan. 6, at the Greyhound Inn, • Blandford-Vorunt. Solicitor, Mr. Fitch, Union-street, Southwark. Hill, West Smithfield, grocer,. Nov. 29, Dec, 13, Jam 6 1 at the Bankrupts' Court, Basinghall-street. Solicitor, Mr. Whitton, (treat Jamesotioet, nedfoe&rew.. W. Smith, Worcester, brewer, Dee; 11, 12, Jan. 6, at the,' Unicorn Inn, Worcester. Solicitor; Messrs. Caplale, Iltixten,; and Parlby, Gray's-Inn. . , • 0, Dixon; Chiswell-street, Finisintry-square, ironntonk,er, Nov. 29, Dec. 13, Jan. 6, at the Bankrupts' Ctdrt, hall-street. Solicitor, Mr. 'Hewitt, 'FOkenhous: , -yard, Loth . . bury. DIVIDENDS. • , Dec. 18, D. Higgs, Chipping.Sodbury, Dec. 10, W. Wood, Monythuiloyne, .Alonntonthshire, groper — .Dec. 20, S. Domino, Liverpool, merebant,-Dcc. 20, and J. Sparks, Frotne Selwood, grocers-I)ec. - 17, .W,Gari.„ Urasaington, V‘rkshire, grocer—Dec. 16, Larhale,tiierr Angel-court, Throgmorton-street, wine-merchant.-._Dec. 20, J. A., S. A., and T. 11. Kelly, Str an d, sa ddl ers .---l ie c. 2d, E. Mather, Oxford, grocer—l)oc. 16,J. and E. AVillington, Bir mingham, eabinet.case-rnakers-_.Dec. 17, J. 11, Iletldelt, Balsall-Ileath Woreestenh i re ' s w ord-cutler-- I)ec. 5.3), J. Wird, BirMingham fWetor--Der. 20, It. Hughes, Althrey WoOdhonsei cheese-factor—Dec.lB, H.. Taylor, Alitachest er ;od B. Taylor, Illackley, Lancishire calico-printers.:..Dec-13, T. Kinning, Oxford -street, linen-draper—Dec. 20, W. 1•Ioltn. den, Nfilton, Kent, grocer—Dec. 20, - G. I:aringdon Berkshire, eardwainer—Dec. 16, W. Richards, Shott.tlitels, soap -maker—Dec.-16. T. A. Mincbin, Portsmouth, Ike.. 16, M. Marks, Romford, slopaeller—Dec.. ill, G. Rain., cock, Harlow, Essex, inaster-marincr--Dec. 16, J. Ityde and J. Stewardson, bill-brokers•-)ec. it .'V., Dixon, Portsmouth, tailor-o Dee. 17, R. Howarth, . Leeds;' woolstripler. CERTIF,ICATES, - I)Ec. HI. It'atton, Manchester, dealer_ J. Milburn, Newcastle upon-I.l7'yne, woollen-Orager---.T. 11. .Ruspini Pall.mall, eine-vender—O. sharp, N ewcast l e- under-Iqm , , riraper--R. Bart a on, m Cambri mt dge, coach.proprietor—J. Ikkyrie, Finsbury:. squre, irth:. PA RTNERSIIIPS DISSOLVED. • G. Browne and F.% Mandell, Rotherhithe, surgeons --.R. and W. Harries. Loudon---E. A. arid W. H. Jones, James-street, Hackney-fields, brewers—T.,Farnaworth and 4 tkins, shipping agents—C. Scott and 'l‘. Skiptm, in Co ven, brewers-11. Kent and C. A. Bennett, Liverpool, sur gFons—R. S. Dodgson and R.. Ratcliffe, Man c h ester ,_ attar. , Hies. -.J. Ilorrocks a nd,J. Heyi 'Preston, Intwhine-rnalters-;-, .1. Plummer W. \Vilson, and ' ‘.l. - J. P. Combe, rene.hure mh street, erdatits, so far as regards C. J. F. (Lambe.- W. and J. Anderson, Newcastle-upon... Tyne,. hnen-drapers--E. A,tt wood and J. Wilson, Dunater-court, Mincing-lane, ship brokers—W. C. Williams, Wrotharn, and . f.l: Ingham, Kent, auctioneers—J. Whipp and. J. Roae,„ Sheri - Kid / silver spoon-man u f a cture.r. • The Governors of George Iferint's Fro4pital have litelg directed their attention to the improvernent ! of the exterior of this noble endowment, by direeting Mr. tet V7/.411, the architect, to make out a design fbr the attainment of this object. He has accordingly done so, and the following Is the outline submitted. by him for their „consideration t--The principal entrance is at present so unworthy atilt structure ter which it leads, that some, alteration is absolutely required .I ,and to effect *this, it is proposed to throw apen an apnach f r om. the south, directly opposite to the centre of th buprilding,. by which means t h e patter's lodge would be 'yilftced ack to border on Lauriston . road. 14 additiati .tt3 is Planned that the space all mend the hospital shall be ex cavated and levelled, so as to place the building; M it' Were,. in a terr ace , w hi c h s h al l encompass it on every side, t and fo.rn a delightful promenade for . visitors, who may thus obtain what is at present impracticable —a Bart viiqv of tie ediflite,.. in all directi ons , ni* terrace would' nt warily et be- fen let above the play,round eft thei_outh,,k;4ei,,ap4 tii,x_feet,phovz t the lawn on the s o u th side. Tbe:prpenOrl, ,t_rutPe lvttti COLAXIte be dispensed wittiofuttber tAth tnstuirtgrn'ennturue be used as a privatreatern(AOWltetriiiii; Arcretiti:.) to Ail