The Sun. — London, England, 1824-07-23 00:00:00

...r" - "%. . • - ' ' . - if :1,Q.:•-.10. 0 i t,:t • . `Yr ••• - • '':.." ''''' '7...41i'W . . . . ► .8, ..leT..';;%. 3 !!,`;':l* .;::: ~:l '1 ..'1 ill r.. 11, ...1 :;: . t...rzt=...-Acr-1.-"---.-!-.•:- -.-,---..--- --- , 77---- —7--- ---.--- ---"-. , ._.... _..........._._... 1 -,- r..; r.i-z - 4'.,-.:, ',..., 1'; i , 1 ,' ,‘ ' 'l,l' ,i4, ‘ ,, .. k ... i. .:,,, , ,•,, , ,;,0 , 4w,, z , ,, 41101 r 1 , ~, ' - ,f 1: '. % tr .. . . ‘ s s' Pak , r 0 . . v 1.1 1 ,, ~,,,3% --;;;:,:., ...i01;12: ';it ,`" r‘i.: , -ttla lki . '.'AttrvAti.l,-t. *II') 4.1748..1.,: ti ..: .-, vt,. i,O r, - ~.., ~.,.,!. :. , . -.. ~,, .- - , . . _ _ 1 - 1 , l i A t te o '., T t ., „ ..y 7....1 -. , ,r, , ,,_ • •-',.. , , ~, ,, 4 14107 :. . - ~ _,,, ... t , ... qk--.-.. - , t ; : ai),4.kt : liti.4 oi ii. . '"A, ~ 1,,,,. ~...i ii , 04 4 lt, 15.1...1 , 4i 1.1.:1:, r.'l - , 7t., '4`; , , ' ; i' . , l'''ititigAlk -. 4 AA. , 4 - , ' . , ' • il.one . I I I,♦ ," ,1* . i -.' • ., •I; , 1 / (• :1 8 ✓ 1 1.1 i • 4614,11-141i/P3. .. , . ~ : 2 (,/ It ~ .. '''''', ' • s';' ', 7'. ., '' • . .. -C . „.3 1- :..11, A l .*. A Af ,.. € 4 eY ......_ /l ' //J //I.? C... 4; J414.11'91' . ' , 4 ~ = ', lt;40 bql el.-..r.L -4041 1-1 --:...i,'. - ..,(..,: --: ~. A 1 „ - . ' - c ''' - 4....4i. #rinik,.4 1 ' 4, , tit,' '/, .. ..., ,4 ~ ,-'i ~,..L , :* ~ .... NUINIBLR 9941. FRIDAY, JULY 23, 1824: PRICE SEVENP..ENCE. PICTU.,II,I.:AG-OPF ICE, July 22, 1824. MORTGAGE. rrirm * SUM OF - FORTY THOUSAND - 111 - POUNDS is ready to be'advanced on MORTGAGE, at FOUR PER CENT. on One or Two Eligible Freehold Estates. THE COMMISSIONERS for VICTUAL • LING Ms .114.IESTI"S Vl', e r e. do hereby give Notice, that on 7'ucsday next,' the 27th instant, they will be ready to receive 7'snders in writing (sealed up), and treat fur the under-mentioned Articles, to be rlelivered into His Illajcsty's Victualling Stores at Deptford, vita— Articles. Quantities. Periods of Delivery: One-half by the 10thAu• tilscurr NIF,A —.lOOO Sacks gust, and the other I. half by the 20th Aug. One-half by the 7th Au 'LOtllt (Kiln-dried) 600 gust, and the other half by the Ist Sept. MUSCOVADO SU-} I SO Tons GAR 1 One-half bythe let Sent. COCOA.. SOAP 3O „the fat October next. PEASE WOO Quarter.) „ The Sugar, Cocoa, and Swop, to be . anitVerable to Samples of not less than two pounds weight Each, and the Pease, of not less , than two quarts. Each,4o.be produced With the Tenders; and the Cocoa not to have been exported late this Country longer than two years. The Conditions of the Contract may be seen at this Office. Each 2'ender Must specify the price its wordy at length, and he delivered before One o'Cloch on the day appointed.; and the Perso n who snakes the Tender, or some Person on his Le hali, must attend to answer when called for. M. triiLLER CLIFTON. the trial having been called on early on Monday morning, a verdict passed against the plaintiff; and damages were awarded against him to the amount of 13!. 10s. One of the witnesses of the plaintiff stated that the plaintiff's brother said his father would not come to London, but.the father denied that any application had been made to himon the subject. A letter was then put in evidence from 'the.dee fendant to the plaintiff; in stating th a t th e reason of the failure of the cause w as th e a b sence of his father. The judgment for 681. damages and costs was nextp ut in. Mr. SCARLET'F then addressed the Jury for the defendant. He submitted that no charge of negligence could justly attach to the defendant, because. he was sure the Jury would be of opinion that an attorney could not conceive it would be neces sary in all cases to subpana the father of his client. It was fairly to be inferred from the evidence, that Mr. Aullen, had told the plaintiff's father that his evidence would be required in the cause, and that was doing as much as could be required of any respectable professional gentleman. So far then for the first charge; and now, as to the second, namely, that the wit nesses had not been sent to town in sufficient time for the trial, he was instructed he should be able to prove, that on the morning of the 28th Feb. the plaintiff's cause stood 202 down in the. paper, and that in consequence of a vaisatetiimber of causes having been disposed of en that - Amy, the application for p y ; u s t t n d one e m p e e n n had been d i ato fa m th ad h4 e th on e p t i b e e s a o ffi f d rn av in it er o i f ty .a o l n r- t S he pu t r ri m al . must have failed, even if prov e d, b e c a use t h e h ouse occupied by the plaintiff was necessary f or hi s family; and, ther e f ore , even if the negligence had been established, it could not have operated as a disadvantage to the plaintiff. But there was one fact to which he wished to direct the attention of the Jury particularly ; the attorney for theplaintiff in the present ac. Lion was the atto r n e y aga i ns t hi m in the former one, and the rival of Mr. Bullenat Southend ; and he should prove to their satisfaction that it was at the solicitation of his present solici tor for the plaintiff had commenced this action, and that he had promised to be responsible for all the consequences. Not one shilling of the costs in the former action had yet been paid, and he was sure the Jury would not encourage the present action, which was brought by the plaintiff's attorney for the put. pose of recovering his costs ; but would give their verdict fur the defendant. Mr. Spurm was then called, and deposed that he was agent to the defendant. He had made the affidavit upon which the cause had been postponed, in consequence of the great number of causes which had been disposed of on the 28th of February. Mr. Smith, a miller, residing at Hackney, deposed that he had heard Mr. t'earse. the plaintiff's attorney in the present Action, solicit the plaintiff to commence this suit ; he seemed relustfrut to do so; but Mr. Pearse said, he would stand the consequences. —Mr. ettrnleEY then replied, and The LORD CHIEF JUSTICE having summed up the ma ilence, the Jury found a verdict for the defendant. not Only between Messra. Morlairds and the Orrel and Pemberton Coal Company, but also between them and Mr. T. Legh ; but this was by no means the ease; the accounts were Still run ning on, and.both of them were in debit to Almlands. If he should make out these points in evidence, he held that the de fendants must be entitled to a verdict. • Mr. H. Williams, the cashier to Meson , . Almland*, was then [ put into the box. His deposition was as tollowa.:—Messrs. 'Morhinds have an account with Thos. Ugh, With John Ugh., .and with , the Orrel and Pemberton Coll Company; I know that John;Legh was the agent for that Company ; I recollect Klee about the middle of Jannary last he applied to us for ad vances fir favour of that Company; he wished two bills—one of 1,0001., and ;another of 1,600/., drawn on ri'Mr. Lea, of Dublin, to be placed to their credit. ,We did not accede to that request —at least not In the first instance; we were not satisfied with the 'security of the bills, anti we were under heavy ad •vances 'to • the Company;. he -tllen • tendered us three tills of 40001. each, which were deposited,with tra as a collateral seem fitifor the bilk drawn on Dublin. On his' e. producing O those bills, we put the former bill s t o the credit of thrrel '-and Penberton Coal Company, having first made inquiry into them. Two days afterwards, John Legh brought us Legh and Son's note for 1,2110/., to be placed to the credit of 'the Orrel and • Pemberton•Coal Company; •we agreed to-place them 'au, on receiving two other bills.of 1,0110/..each 'as a - eollat6-al sec ur i t y ; these five bills on. Mr. Mill had then about 20 roooths to ran ; Mr. Lrgh had come under great liabilities for the Orrel and Pemberton Coal Company, and ,we had furnish e d , inoney to it on securities which he had furnished. On the sth September, to to ti t i b e e er d l i t of T. Legit. r g e t i n r p e ln l y )Y , I t r i n s d u ai t r a a l The Lo RD CHIEF JUST ICE.-1400king at this account, and the l 2 Orrel 33l a 4 n B d l. P losse nb l e d ri o %' n seeing " per T. Legh, 33,74131. 19s. H.,' 1 should say it was a sum of money paid in by Mr. T. Legh—how was it ? The witness—There - was no cash-payment from T. Legh corresponding with the entry made on the: 6th of September.— That entry was' made by us in consequence of a large sum of 'money being paid to us for Mr. T. Legit. 4'e transferred it to the credit of the Orrel and Pemberton Coal Company, and debited it to his account. When Mr. 'P. Legh CFMICI to town he was it;fornied of the transfer, ile was also told that there was a further sum of 8,0001. clue from Orrel and Pemberton Coal Company, on bills . then running ; that 33,748/. odd had been transferred to his debit, but that there would be 3,000 and odd pounds due to his balance in the ensuing September, aris ing from the produce of the five bills. We had available secu .rmes of Mr. 'l'. Ugh to the amount of 34,900/. We had a bond of his for 10,0001. The account of the Orrel and Pan .berton Coal Company and of,lllr. 'l'. Legh were never in credit ;with us. Letters addressed, post paid, to It S. Atcheson, Esq. Duke. street, 'Westminster, will be immediately attended to. Warranted to Sail the First Week in November, FOR A, With leave to land Pa CALCurr ssengers only nt MADRAS, THE fine Teak-built SHIP PAL siIIIA.,JOHN LAMB, Comniander, Bur. y* then 60 Taw. Lying in the City. Canal. -7?% Has a poop, with superior accommodations 14 ' - for Passengers, and will carry an exper encud Surgeon. For Freight or Passage, apply to Messrs. nAzETT, FAR QUHAR, CRAWFORD. and Co., No. 71, Broad street or to BUCKLES, BAGSTER , and BUCHANAN, 33, Mark lane. This Day was pal I abed. price Is. rd. LV..L 11.. sr l.3 ‘ % i v ?, N an D d l i p x A m T s l r O n N oN o o f f 1 1 1 : e s EPISTLES of PAUL front the Strictures in the 59th Number of the Quarterly Review, Printed for H. Hunter, 72, St. Paul's Cburch-yard. Where may be had, The TRANSLATION and EXPOSITION, in 4 vols. Eiro price 21. I2s. - FOR TRAVELLERS IN ITALY. Just published, REICHARD'S ITINERARY of ITALY ; or, Traveller's Guide through that interesting Cotto ny. With a View and three large Maps. New Edition, corrected and enlatged. I auto. ins. 6d. bound. VASI'S NEW PICTURE of ROME and its ENVIRONS. With a Plan of the City, a Guide to the Curiosities, and 40 Views. New Edition, with Addition, tilt. bound. VASI'S NEW PICTURE of NAPLES and its ENVIRONS. With a Map, Plan, and an Views. !son,. tOs. 6d. hound. • ORGIAZZI'S MODERN MAP of ITALY, on a Jorge Scale, Ms. Canvas and Case ; or the Northern Part only, in cluding Rome, tis Cattras•and Ca.e. BERNARDO'S ITALIAN INTERPRETER, consisting of a Vocahulaty and Dialogues, in English and Italian, with the exact Mode of Pronunciation. 6s. Gti. halt hound, London : Printed for Samuel Leigh, 15, Strand; sod Ba Id • win,.Cradock, and Joy, PArrooster-i ow. Sold also by all Booksellers in Town and Country. WT17.41, L INC- FFIC July 17, 1 844. Til E COMMISSIONERS for VICTUA ['- LING His aId.TESTra NAVY, do hereby give Notice, that on Friday, the 24th September next, they will be ready to receive Tenders in writing (sealed up), and treat for the supply, on srparate Contracts, of what IRISH BEEP,and PORK may be demanded for the use of His Ma. feet Y's Droops at Mb - tartar Anticna . Barb3does Berbice Demerara Dominica' for Twelve Months certain, from the 24th June next. Grenada To b a tro Trinidad . St. Lucia Si. Kitts, and St. Vineentt, The Conditions of the Contracts may be seen a! this Offee, er by applying to Mr. J. W. Dun.ltiirille, the Victualling at Cork. Eaeh Tender must specify the Price in "reeds at length, and hvielinered before One o'Cloch on the dais appointed ; and must be accompanied hey a Letter signed by two retporssible Persons engaging to become bursnd with the Party tendering in the penal sum of one-third of the amount of the Contrast, for the due performance of the same. The Person who makes the Tender, or some Person on his brhol I, must attend to antwer•urhen called f.r. tlf. W4LLER IFTO.V. VlCrtiolLllNG•oFfics, July 17, 181.1. E COMMISSIONERS for VICTUAL . LING His 31.4.1ESTY'S , N4 PY, ere. do hereby give Notice, flail on Fridaa, the 241 h September next, they will be ready to re c eive Tenders in writing. Pealed up), and treat Tor a piantity of PRIME IRISH BEEF and P AtK, amount ing, to the •aggregate, to 46ont rwelre. Thousand .IVavy 77i:ryes of the firmer, and 41hast Nine Thonsand Navy Tierces of the latter . . all to be .cared in the ,ensoing Season, and to be delivered into his "Majesty'"." nett:alling Stores of Deptford, Portsmouth, and Plynonith, in such numbers of Tierces and Barrels, and proportions as shall be keredfier required; one-half thereof on or s fef.re Me 2811: February. and the other half on or before the yi rt May, 1826; and to be paid for by Rills, payable, dithenti interest, sixty days after date. But as a considerable proportion of the Beef and Pork is intended ts be applied. to the useof His Majesty's Land Forces employed in the !Pest India Colonies, and at Gibraltar, and as the said C ontmiSsioners have given Public Notice of their intention to receive 'Proposals a?z the said 24th day of September from such Persons as may be disposed to treat for the Colonial Sup plies, it is to be understood, that whatever goals flies of the saidnerf and pork may be contracted to be delivered at the said Colonies wilt be abated from the aggregate Villntities required for delivery at Deptford and the other Ports. . The C'unclitionS of the Coots acts may be seen at this Office. or he applying to Mr. J. IP. Dunsterrille, //gent foe the Victualling at Calk; to the Collectors of Mapsty's Cus tom; at Limerick, Belfast„Vewry, and * Waterford ; aitol lo the• Secretary of the Postmaster -Genera tat Duktin, resPec- tit; 6*. • No Tender fora hsa quantity than , sholl be equal to Five Hundred Tierces of fleet, and Five Itandred Tierces of Poeh, will to admitted, and each Tender must specify the pric. , in words at length, and he delivered before One o'Cloch on the day appointed; and must be accompanied by a Letter, signed by two responsible persons, engaging to become hooted with the Party tendering, in the Penal Sum one-third of the amount Of the Contract, for the due performance ( t / thc same. The Person' Who mahes the Tender, or some •Per Son on - his behalf, mast attend to ansteer when called for. At, If' ILIER CLIFTo.V. THE PATENT SEriluTz POWDERS. Prepart ti, as wont), by,SAVORY, MOORS, and DAVIDSON, 1311, New Bond-street, London. T o identify their Preparation , in fut ure , a Label, on which .the Arms of the Inventor lire en graved, will he placed on each fox and Bottle. Arid turther security, 'Majesty's Commission ers have, i,as a n the New Stamp s (affi xed to each Box rind fclottl..6, oilltred thie "Names of ** 'Savory, Moore, and Davids on ," to' h e ins,,led in' place of the late firm of Pa) thern s and Co. The Medicine r.my also be obtained genuine of their Agents, Messrs. -I\ lewiserry's, 45, and Mr. Edwards, 67, St: Paul's CkUrell4;fict ; Messrs. Barclays, 95, Fl eet-market; diutlees, 4, Cheapsido Messrs. Sottort and Co., lioiv C 1311901. Yard; Mr. Sanger, 150, Oxford-street; Mr. Hudson, 47, ilayrnrket ; Mr:, Richards, I I, St. Jimes's-:- reet ; Mr..loho-: mon, Iti, Greek-sit ; Mr. R. Johnston, Cornl.ill ; Mr. blailtrilt, Whitechaoti ; Mears. Wahl at, ! Ctt.,..3e4, 'Holborn ; - Mr. \\'hi.e, 17, Flaymarket ; Mr. Stringer, - .1, Strand ; - and Mr. Kiddie - . gl, Russell..nreet, Covent •nr.!en. Likewise, 'at one or more respectable Hoite i n c;try vipai Town. LAW INTELLIGENCE. COURT OF'COMMON PLEAS, Juix 22. Before the Lord•CldefJnstice BEST and Special Juries. Mr. F. POLLOCK• opened the Pleadings: The plaintiffs in this Action were the assignees of the estate of John Legh and Co., bankrupts, and the defendants were Messrs. Morlands, Auriol, and , bankers, in Pall-mall. The action was for money, had and- received. The defendants had pleaded the general issue, and on that point issue had be e n joined. Mr. Sergeant ‘IttLDE opened the case for the plaintiff, which, ha said, contained inure materials of confusion than any cause which he had known during his experience at the bar. He would, however, exert his unnost endeavour to simplify it, and to present isan as clear a shape as poisible for the consideration of the jury. This action was brought to recover 6,0001., be ine the proceeds of six bills of exchan g e f o r 1 , 0001. eac h, w hi c h the bankrupt John Legh had deposited in the hands of the de fendants. The question which the jury would have to decide was simply this—had the defendants any set-off to seduce the claim which his clients made upon them ? The defendants admitted that they had received the six bills of exchange ; but they said that they had one set-off against theta of 4.0801. 10e. 10d. in respect or three bills which t h e y h a d di scounte d for ihe Orrel and Pemberton Coal Company, of which the bankrupt John 14%.11 bad been the agent ; and another act-off of I 4804.113.- &E. w high stuorr*„..h.7l.tet."/“.d •74. on his private banking account; which, with a sum of 90. that had been paid into Court, would make up the sum of 6,0001. claimed by the plaintiff's. l'he items which made up the sum ofat;0881. 10e. 101 - would all depend upon the same prin. ciple; imiLas the chief question in the cause arose out of them, he should shortly proceed to state it, merely informing his learned friends on the other side, that he should put them to the strict proof that the bankrupt had overdrawn his account by li2Bol. with the - defendriats. -In the commencement of the ,year. 111.12,44eperel and Pemberton Coal Campany stood in neednf Pectiniery essistance, and applied for it to Mr. aforland, through th'eagency ache bankrupt, who asked them to discount for that Compiinybil own note of hand for 1,2501., and two bills, one of 1,500/. and another of 1,0004, drawn upon a person of Stephen's-gr een , Dublin. At the the. tnl e n t a h m e s e ri of bi ? a s; erreesid discounted , ing the bankrupt deposited with Memel's. Morlands six bills of eichange, as a collateral security ; and the pment action was brought to reco ver t h e i r proceeds, as the bills which they had been given to secure had some time ago been discharged. The defendants contended that those bills had 'not been discharged ; and if they could establish that point, they had a right to retain so much of proceeds of the six bills as would protect them from any loss. He must now Inform the Jury, that the Orell and Pemberton Coal Company kept un account with the defentiant—t het thebank rupt, John Legit, also kept an account with them ; as did also his brother, Mr. '.l`. Leg!), the al ember for Newton, who was under several guarane tees to thetm for the Oriel and Pemberton Coal Company. It was his dety that day to contend that the three bills for 3,7501. had been clesehari e ;ed by the Orrell and Pemberton Coal Com. pany ; and in doing so he should chiefly rely upon an account which the defendants themselves had delivered into that Coin. pany. It appeared from that account, that the three bills to which he had alluded were dish onoure d w h en t h ey b ecame doe; that the defendants had placed t h em to t i le d e bi t si d e of the Or. eel and Pemberton Coal Company's amount; that they had afterwards received many large peyinents upon that account, and had finally closed it by receiving as balance from Mr. Legh the large Kum of 33,748!. Now it was not for him to say what the accounts were between Mr. T.Leiell and the defendants; he had only to contend that they had no right to retain the pro. seeds of the bankrupt's bill on account Wetly claimsthey might suppose themselves to have upon hie brother Mr. T. IRO: He laid it down as a clear point of law, that when banker had demand against his customer, which he placed on the debit able of the cuettnuer's account, audavheis n 4 went on receiving and rg paying lae sums ofm one y on- behalf of th at customer , he had no righted the dosing of the account -to go beek and select any particular item of it, and ,say that it had not been paid. The sums received must always be considered as going to the pee ment of the oldest item*, and could not h e placed .oppositiiin to any particular item which the banker might think it proper to selects: ta This prieci pie had bees e s hliehed Dewainc's (*Use, and- Nl , W , tiorl 'considered tts indi sputable law. Acting , upon this principle, he contended that the three bills to which he had be:ore alluded were fully satisfied by statue which the defendants acknowledged themselves t o h ave received on be half ofetlat Orrel arid Pemberton Coal c oequy, after the di4. honoor of the hills was notified to diem. -If he made that point out iti evidence, his ioraship, he was eure, would tell them that they mbst, - in Paint at' law, end a verdict for his Clients. The rule for paying into Court 6 321. 19s. 9d. was then put iii and t end, f or th e purpose of proving that the plaintiffe were the assignees under the commission issued against Juhn Legh And C 0.,. alr;-Sergeant Teseny, for the defendants, submitted, that as they bed given notice to the pl.tietille at the tithe -they paid thiS money i nto C our t, flint they sho u ld call anon them to prove the act o f bankruptcy, and the subsequent proceedingsunder the corninission, the payment of th at money into Court might not be considered as a waver at their right to dispute that which they had given notice at the t i me of making the payment, that they would dispute by every means in their power - COURT OF CHANCERY, JULY 22. THORNTON' v. CURLING. Mr. SHADWEL I. applied to the Court on the part of the plaintiff; son of the late Colonel Thornton, of sporting notoriety, for an injunction to restrain 'the defendant front receiving the rents in France or England, or otherwise disposing of any part of the personal property of Colon ,t Thornton. The eircum stances, it appeared from ih statement of the Learned Co nisei, were shortly these. Colonel Thornton . marriAl towards the close of'lBo6, and in the beginning of 1807 the present plaintiff was born. In 1812 the Colonel separated fro.n his wife, and visited France in 1814, where he finally fixed his residence in 1816, carrying with him a lady not his wife. By a Royal Or dinance, he obtained permission to establish his domicile in that country, where lie purchased an estate in 1817. He sub sequently sent over from England, pictures, plate, furniture, a valuable stud of horses, and other personal property to a con siderable amount; and in various letters to the public Autho rities, expressed his determination to reside in France, and hie wish to become to all intent.; and purposes a French sublect if he could obtain letters of naturalisation. lie-died in 18133. leavinchlicerite end-child, the only person s a . 1 11- ing to the Ittell'Or•England entitled to hi s __personal prtty in the event of his having died intestate. In 1818, however, being at that time in Engl a nd, h e ma d e a will, aff'ec:ing to dispose otherwise of his personal property. The questitin came before the French Tribunals, and the will was declared invalid according to the laws of France, it having been admitted at the same time that he was domiciled in the country. Dr. Curling, the defendant, upon application to the Ecclesiastical Court here, obtained probate, and the question now was what .disposition ought to be made of the personal property under all the cir cumstances of the case. The Learned Counsel contended; that the will having been declared invalid' by the laws of France, ought to be considered invalid in England, because, had it been valid in France, it must have been acted upon as a YOU will in this counTe. The LORD CHANCET.I.OR—How can I say that is not a good will of which probate. has been granted. I must consider Dr. Curling as acting under authority, which I cannot controul except in case of misconduct. Such an application is quite new in this Court. • Probate having been granted by. the Ec clesiastical Court, I am oconcluded'on the question as to there • being a will or riot. M. %Vrote.--My Lord, 1 humbly submit, that even con sidering Dr. Curling as trustee, the personal property ought to be disposed of according to the laws of France. The Lone) Cireerceeeou —lf the law of England is such as enables me to make disposition of the personal property in conformity to the law* of Frarice ' the Court w ill act accord : ingly ; but I will not 'decide th a t question on such a motion as this. The SoLtcyron-GENE RAT. said, that after the payment of . Col. Thornton's debts, no property would in fact remain on which either the law of England or France could operate. The Lour> CseeereE et.Oß—Dr. Curling ought to be careful how he acts upon this will as if it were an effectual one. Mr. HEALD said, that Dr. Curling, in his answer, stated a variety of circumstances which threw a doubt on the question whether or not Col. - Thornton was domiciled in France. Mr. SHADIVELL said there was one curious circumstance in this case. The JUdge in France, to whom an appeal had been made, said he would wine to no decision until the judg meat of that Court brad been previously given. The Loan CHANcrt.r.Ort—;-It is clear, whoever may dec'de first, that, probate haviegbern.granted, I can come to no de cision on such a motion as this. The question of domicil: is in many cases a.very nice one. lt is often a difficult matter to say what place is to be p roperly called a man' s d om i c il e . H a d Col. '1 hornton died in the East Indies, in the service of the Company, he would not be considered as domicided there.— Dying, however, in the King's service, it would be considered his domicile.-111otion refused. DAVIS AND OTIIERS, ASSIGNEES OF LEGH, v. 31011T.AND AND CO. COURT OF KING'S BENCH, GUILLITIALL, JULY 22. This day the for.. London were. resumed before tit LORD CD iEr Jt; sl'l6r.: and Con-pon Jnri4,l4. eitice v. neri t eEej, This was an action bretig,ht by the plaintiff, who is a bake: re. siding at Southend; to recover core ee9eiitiou, in damages, from .the defendant, who is an twertieY liv:gio:1:-.14:1Lniwt7%,nlotc:Phhhcoelf,,t,(1 negligence in the conduct Of an undertaken on his behalf. The eeibtienee .or, th e c ,, 564 , as , .appeared in evidence, is thie ; la. the beginning of the .year 182 2, the plaintiff, who was den tueler ege, too; a• heiutte•at the rest of twenty.saven pound iwr annum, foe the purpose of carrel:lg on his httainess, Peeing uennPled thu Premixes for three maths, he quitted . it, withort t given • eny notice to the landlord ; consequence of which Mr. flay, the • lendlord, sued hnn for the payment of belt" a year's rent, Which he alleged to he tine. 'The . plaintiff instructed Mr.. Bullen to defend the action upon the, plea of his minority at the period of hi s ha v i ng entered ioto the contract. The cause was get down for trial in the Sittiiees nfter Hilary Term, 1823: Mr. Spurn], of King e street, Cheapside, agetit to the defen dant, being apprehensive that the cause "night corne on on. Seturdtty, and not having reeeietei the brief, or seen the wit nesses to be produced, obtained a postponement of the cause on payment of • the come of the day, ,amounting to -IP/. Tee., and wrote do*n to Mr.' Bullet), apprizing him:of the.cireton etsnee, and requesting to send the brief and winteeses to town, aR the cause would in all probability be called ortehe following Monday. Accordingly the defendant ozone up to town on the ." 1- uult , Yeetteti took with him the elder brother, of the plaintiff and his servant, but emitted to sulTano the father,of the plain. who.,he had been interacted, was the persm to prove the minority.• , To remedy this defect in evidence, Mr. Bullen sent of the plaintiff's brother to Macho:ter to procure the certitteate of his brother's baptlein, but . not having returned in time, and Air. Se'rgen n t SPANK= folklWed on the game side. It was . unfair to pre s ume th a t a . p a rty admitt e d t h at which he gave notice that he would dispute. If the doctrine were considered sound, that the payment of money into Court, in an action brought by the assignees of a bankrupt, ittlmitt ei i t li e validity of the•commission, what was a defendant to do who disputed the commission, and yet felt that he was ind e b te d to a ,certa i n point to the es tate o f the bankrupt, though nut to the amount claimed by his assignees ? ...Mi. sergeant WILD atirnitted that th e d e f en d ants h a d given notice to his clients that tncy wouldcan upon him to prove the proceeding; under the corramsston, Ile diA no: feel it ne. J cessitry to argue the point which his learned friends had just made. The Loan CHIEF JUSTICE maintained, that the payment of money into Court admitted the title of the plaintiffs to sue for it. The plaintiffs were mentioned in the rule as the as-. signees of John Legit; a bankrupt. This was an admission ~on the part of the defendants that Legh was a bankrupt, and the, plaintiffs were his assignees.. There was, therefore, no occa sion, in his opinion, to proive the proceedings under the corn. mission. . . Mr. Sergeant TannY requested.that a note might lie taken of this objection, , ' His Lonnsitto Immediately assented. Mr. Knight, the plaintiffs' attorney, was then examined : he deposed as follows :—I received this account (producing a writ ten paper) from Mr. Williams, the cashier to hlorlands and Co., as their account with the Orrel'and Pemberton Coal Com pany. It has been admitted by Sir 0. Duckett, one or the . partners in the firm of Morland and Co., as their account in my presence, and in.that of Mr. Williams. I conversed with them regarding itabout a fortnight ago. At that time Mr. Williams stated in the presence of Sir G. Duckett, that six bills fur 6,0001. had been received by them from Mr. John Lieh, the bankrupt, as a r,ollateral security for their discounting his awn note of hand far 1,2601 and two bills drawn on a per son of the name of Lea, at Dublin—the one tbrJ,oool., and the other for 1,5001. 'Mr. Williams stated that there was a further bill of 1,0001., which they had paid to John Leigh, as against the produce of the bills fur 6,0001, which they had received. I did not cleatly understand whether this last bill was for the Or rd and Pemberton Coal Company, or for Mr. John Legli's private account; I think it was for the latter. They told me that the three bills they discounted were dishonoured, .and therefore they claimed the proceeds of the six bills Rs a set-off. The three bills when dishonoured were put to 'the' debit of the the Orrel and Pemberton Coal Company. The entry on reb. 20, 1022, is, " Bill on J. P. Lea, returned 1,1051. 'Cs. 3d. Irish, at 81, 1,016!. 16s. 9d." The second entry is, " February 22, bill on Legh returnedl,2sol." The entry on the 20th of February is. " 13111 o n J. P. Lea, returned 1,6611 Is. 511. Irish, at 81, 1,5271. Ils. 6d." It appears by this account that they had credited the Orrel Company, on the 17th of January, 1022, with two of the bills, which were afterwards returned, and the note of 1,2501. on a subsequent day. Cross-examined by Mr. Sergeant TADDY.—Sir 0. Duckett wits present at the whole of the conversation whiCh I had With Mr. Williams. lie was writing letters part of the time, but he occasionally joined in our discussion. He discussed the ques -1 tion that bankers had a right to apply the sums they received to any item they chose, notwithstanding they were in the habit of making payments and receipts daily for the party. I men tioned to him, that the case of Devaines was decidedly in the teeth of such a practice. Mr. Williams delivered *upon oath to the Commissioners of Bankrupts the - account I have produced, as the account regularly kept and delivered in by his house to the Orrel and Pemberton Coal Company. I had this account in my hand, and pointed to it, alien I had this conversation with Sir George Duckett and Mr. Williatna. The whole dis cussion arose upon this paper. I pointed out to them the items which I have mention'ed. Re-'examined--They told use. that they had received the pro ceeds of the bills fort,ooo/. The account was then :put in and read. It commenced on the 24th of January, and concluded on the sth of September, 1222: The last item put to 'the credit of the Company was, " Per Thomas Legit, 133,7401. 19s. Id." ,• • Mr. Sergeant T.ADDY, for the defendants,,stated that though he had examined Mr. Knight pretty strictly, as to the identity of 'the account produced, he was not instructed,. nor did he intend to contest the delivery of any account delivered by the defendants, or to deny any receipt or payment of money that they bad declared themselves to have made. He had cross-examined Mr. Knight in the manner he had done, in hopes that he should elicit something from him which would compel the plaintiffs to call Mr. Williams, the cashier of the defendants, into the box to explain the accounts which he had given in, and which could not be fairly explained without him. As he only wished that the whole transaction should be fairly before them, he would do that which his Learned Friend ought to have done : he would call Mr. Williams Into the box, who should state to them the whole of this very complicated transaction. He must state to 1 thorn at this stage of the proceedings, that the defendants did tr lt ilgt,,,rt so much on their own account, as on ac counta - 14egii. Ile admitted the principle of -law laid down by his Learned Friend, that when money was paid trite the hands of a banker on account of one atilt customers, and. when that banker was daily paying and receiving money on his behalf, the money paid into Ins hands must be considered as applicable to the earliest items on the banker's account, and could not be selected as the balance to any particular item. He did not, however, see how that principle of law could be ap plied to this case, which he con ten d e d was altogether different from the case of Devaines, to which his Learned Friend had alluded. He would state that the transaction to the Jury in the manner in which he intended to make it out in evidence. He admitted thatthree different accounts had been keptat Morland's, by John Leah, the bankrupt, by Mr. T. Legh the Member . for Newton, and by the O rre l an d Pemberton Coal Company. Now he must state to them, that NIL 'l'. Legit was under list ' bilities generally to Messrs. Itlorlands and Co., for the Orrel and. Pemberton Coal Company, to time arriatint of 33,000/. ; and that he was indebted to them on their account at the period when the bills were given which raised this action, in the sum of 41,0601. That was a point which h e wished the Jury to keep in their remembrance. In time beginning of 1022. Mr. John Legh, who was agent for the Orrel sad Pemberton COA Company, applied to Messrs. Mordent' fur an advance of money on two bills of exchange and his own trite of hand, and requested that those bills should be placed to the credit of that Company. Messrs. Morlands, not bang satisfied with the bills, asked for some collateral security. In consequence, they recived —first three bills, and afterwards two more bills of exchange for 1,0001. each drawn on the Rev. Mr. Hill. Having thusgot security for 5,0001., they advanced 5,700!. to the Orra and Pemberton Coal Company. Mr. John Legh, at the same-time, applied firs an advance of 1,0001., on his own private acco unt , an d h av i ng given a sixth bill for 1,000/. obtained it. Finding that the seen rity lie had given more than covered the advances which had been made to him, Mr. John Legh asked leave to overdrair his account. B e did so; anti by that means l'al given the de. fendants a tiet.:off, which he should prove to them in a manner that-r. Cross-examined.—On the 22d of February, 1822, after these two bills had been placed to the credit of the Company, their account was only bad •by 1,2001. Independently of these two bills, we made payments about the some time of 1,6801., on ac ceptances which we had given for them two months previously. I do not know that the large sum of money which I stated to have been paid to our house for Mr. T. Legit amounted 'to 48,0001. 1 know that it was about $O,OOO/. tier 40,0001. • The account with the Orrel and Pemberton Coal Company was kept in the usual form. The case for the defence was closed. Mr. Sergeant .tirieDE replied upon the evidence ; and con tended that no answer had been given to the case which he had made out. He bad stated that these bills had been satisfied, two modes—first, that they had been debit e d to t h e Orrel-and Pemberton Coal. Company, and then that they had been extin guished by the great payment which the bankers bad received on its account ; and, secondly, that they had been satisfied.by the T. ayment or 33,0001. odd, whi c h h a d b een ma d e by Mr. T. Legit. His Learned Friend had asserted that no Much pay ment had ever been made by Mr. T. Legh ; but although *be gave it the soft name of a transfer, his own witness had proved that it was not only a payment, hut a payment in cash. Be sides, it ought to be recollected that the bills had been-given for a special purpose, and were nut, therefore, applicable to the general purposes of the Company. Linder these circumstanccs he left his case with confidence in the bandit of the Jury. • - The Loan Cttri F JusricE, in summing up the evidence to the Jury, told them, that the accounts involved in this ac tion were left entirely to their consideration. Thank Heaven, he hail nothing to do With them.' "All that he had to do, was toexpound the law relative to them, which was very clear. By the civil law, money received by a banker had always been applicable to the payment of the oldest debt. The law of England bad at one time varied Iron the civil law ; . but it. WAS now settled, that in the civic ()fa banker the. payments were not to be applied to any particular debt he chose to select, but to the oldest items of account. The -NTT %void, therefore, consi der in this case when these hills had been debited to the Orrel and Pemberton Coal Company ; and if they' found. the pay ments afterwards received on its aecounts by Morland were suf &fent to liquidate them, then the plaintiff would be entitled to recover. He thought, however, that tliey ought not to take into their consideration the sum of 33,000/. t,ytt, nece tt ee it had only been a transfer in account, and not money absolutely paid. Still, if the other stints received for the company exceeded the tttnount of these bills, it would be their duty, us he bad before told them; to find a verdict for the pleintill: The Jury then retired; and after being n1):•et front Cottrt for a considerable time, fo un d a ver di ct for the plaintiff.:4:l4- wages 3,1131. ATEI.ANCIIOI,Y AFFRAY.—S lOh'S 'Parr was held on Tuesday. .Towards evening the usual scenes of turbulence began, and by six o'clt - e't fights were to be seen on evert part of the Common. About nine o'clock nine young Men, maims, who had been working at Duntrdne, - carne from that phony wards. The Afoot., to meet their eniptoyer, 11ir. smut, mason, Hawithill, who wad there w - - pay them their wages. This dole, two of the party escorted . their Master off the grokind, While the others went towards - Stobstnuil Toll, fbr - the double purpose of getting some /refreshment and waiting the arrival of their companions. Having been refused ad mittance, • 11. v had only gone a s id e f o r a f ew paces when a party of fellows, armed with difrerent lethal weapons, (o.ie, it is said, watt a hatchet), issued from the house, and be - ..an their murderous work. One young wan, alma John Allan, received repeated blows, whisk felled him to the ground, and he never afterwards opened his lips or uttered a - sound. His brother rushed forward, knelt, and. seized the lifeless 'corpse in his arms; and, while in this agonising position, he: was first knocked down; twice he raised liiroiclt, and as often iiiatiqur again laid prostrate and sev e rely woun d e d by the'releralcit as sassins. All the other companions of the Unibrumate mon o , were_ less or more wounded, one of th em ver y set io u siy. ing party, in number 12 or 14, also attacked a,p , .y . nft and ivith bludgeons so injured 'his heed. and bru i t', feared his life may also he laid to thtiraccount: le; yfiert longing to a bleachilehi is much in the ma t ti o te. e : rn tltsi lte ur,as attacked he in vain fled.for safety to a fiel t l found lying with his skull fractured . an 4 1 t i t ' xi. " p .): , T7t 4 . 1 : 1, bruised. The murdered man was oldie , ad a ti r anti greatly esteemed by his eintVr n - tu l t .",,, b ee „ i, ned tion is at present in progrelL a uttrderers; bat they haVe the apprehension of the suspectct , i y i e d t t ei r tl i d is e e d i.) the 0111117 Mr. Serjeant WILDE said that he would admit that the de fendants had a right to deduct the 1,000/. which they had ad vanced for the personal use of the bankrupt, and also the 2801. 16s. sd. by which he had overdrawn his account. The 1 4 0 RD 01 Mr, J Lamm—Then, as a sum of mo ne y has been paid into Court, this admission narrows the question to this point—have the defendants a right to rethin the amount of the three bills and the loss charged upon them? Does it not ? Mr. Serjeant WILDE replital that it did. A conversation then took place at the bar, in which it was determined that the sum of 3361., charged by Morlands as a loss of profit on the three. bills, owing to their non-acceptance in Ireland, should be referred to sonic gentlemen to tl:cfda whether, under the particular eircuinstances of the case, it was a charge that bankers usually made to their customers; if it were such a charge, then it was to be allowed to them in the account. • a th o e n ju h r a y a . . . t l ; l i a a r t ro t t w i e t , t i. th i e l q is ue le st a i r o o n ed for fr t i l e i l e l i d r e ar a g n u si e d d er: t; MT. Merge.ant TADDY then 'proceeded with hie address t i beer tau t . , ..._ ~ . . the supposition, that after these three bill* had been debited EXT11.401(1)1 )1 Alt YWI Lt .—Died, .in S ent to the Orrel and Pemberton Coal Company, large pay- , squ are, Carrielltegtoe on the sth instant, Jane Lee,' d ea l" meats had been received - by Neesrs Morlande and C0.,0n ! eted 80 ears , torn the house in l'illiell she, (414 - rhz.: their behalf which more than covered them ; and, as a i :rot nevee ltite'ten to 1)1 1 absc" from it one IligilL IS; he r proof of' it, he had stated, that 33,0001. had been paid to teem w.ll she bequeathed 1001. in tivet to the. pour of Cai-ron behalf' of the Company, Mr. T. Legit. Now, h. wOuill !f,r' r 004 an d ee per arroum to In,: membere of th e E at „,, , , " tell his learned friend, that no payment had ever been Church ei that tows for the purpo se . 0 e put , i .• ""° 4 , , ted c tatung ecte. inatle by that gentleman ; the 33 ,0001, to which his learn ed mertal elements. 1 him gilt is the mor . t. remerkehle • friend had alluded, Kati merely been transferred h 6 - 40 Piew.otec. and was tiev . ' • '‘ '''' .to the cre dit s e was a e tr in the Chun f of the Orrel anti Pemberton Coal Company, and to the debt of during divine service. She bequeathed several I t , t ' 31r. T. I.tigh. If there. had been a payment in cash bi %ono) respectable persons of Catricittrry,t3s . le ' ' 4 " ." ' 44. Jr.l. T. Legh to theta, than he would allow diet Ws Partite rodtlue of her propert,y, animating to t;u t ii . t t ,„ 3 , l g • t th , ' friend's law would have applied to this case ; but he would the Meyer, her and Dissenting Ay - i t ;„ i % l t :; ° f - t -,.."` prove to them, that there had been no payinent, but only A Diarergus , DavY 4 Bowman, Eee. anti Air (lea in u s ii ' ' 7 " V.. ''"*. tranSfer, which did not discharge the claim which Moist - et lifer. the same place ; the Interest to b . 1. ..,--- --`e.lneetto, of Jamie had upon these bills. McsaYs. Morlands bad made this stims not exceeding th tee rnin.e. e t mood 'Raiment, in transfer, hee -308 eAlr. T. Leigh w ag under liabilitiot to them t' * of the Seoteb quarter, Carrickfe 1131 t° such inh4tlliall" very great amen% for the Coal Company ; and 111tvi"gmndeits brother, John Lee, sen d t h e (10 , 10 Tgus at had it with they nirestO 31r. T. l he with alt the righte which they lied fore counts to them. Those who 1 . r, Ott} who Kati paitl . theit ace let not paid their aceountisto be tuerly . Pos".e.wd. =Nothing was more clear in poir t oflaw than this . elicit' tied from her charit y, principle, that ita e r e t i ttor went a g a i na t a stieetY ipstrAd. of the y or theirsp ad the' at t' tines into i eve" t" ("e tith'd ""‘' t° httndi i ° l ratia4"l"l4 l i 13 againS t the principal, the surety was entitled to all the benefit teuvtees. . The ite,eie n t b naull peke of her brother and donor 'serte l e , nich the prtnei pet would have had, had the surety. gone against proof of the debt, 1. i i)e dle antl • prollighte ..to be - for ever .eX - MM.: - He maintained that if the Jury should entitle the. assige eluded from said need by their verdict to recover the sutra they now claimed, they account s have charity. Persons who have aleeatly_,paiti their . a light to the said charity, although - not 1411 wOold bl.) taking so much money front the pocket of _ll-ir. Legit , resident in the :•,entelt quarter, provided they have formerly . sus Learned Priend bad acted as if eceoeuns had been closed, li N • e 4 ,1 there ( Oil Me Corresper;dent, Jay 20- ) .