The Sun. — London, England, 1824-11-06 00:00:00

);7 a 1)41 , „Ni t ,41,1*(41 .4, 4,- r ' •TalitAW -7- • r 4 - 7,/eZ COV daz,,y NuvuEß 10,032. SATURDAY EVENING, NOVEMBER 6, 1824. Pitic4 Shirt7••rpEktl4. RS , %OS )st re• icb he ie be• noved luts° ny In°' we ll to : eating conee.n. parlov obje c ' u fe u/nil' he It i g il' laers eS• ,e ct in r ens, o f , ec ie, Ity vt"',' que glo„ iist of 06 V d than the ell° a :re. Wore r in I" w er° ged yAS ci fit Ili , cid ; were tlerl yell ) ;our i t i. l (0 1111 , ‘ elf °lll ,101 )114 , 9 1 tarl ir a F eSear ti, tter! I's 110 v. out ' d e . buy' a 111° 1 11 UP' S °ll / t o >5 his 1 Oa t They, MO biS ) " w "ie t4 'Gra le o f - less inn, t°,o. te man, ea 2 9 ' m r oy dow ,on, of iple" the 001 11 ,, e, colleh o t 510 he c y otif to h er ha ve osed f r a rt 0 Ye d ,Pop, f e 1 11 7 OUgu t tb c ;T4,06• muiYt,F, ROOMS. MP. J. ;D'EGVI LLE has the honour to winc , inform the Noi,ility and Gentry that his ACADEMY „ i nform on MONDAY. the.).sth it'lrther Particulars to he had of Mr. D'Egrille, at his al u o ' v ls e e t p.. l3, Foley-place, and at the Musical Saloon at the . booms. •.. THE CLERGY.--(DIOCESE OF ELY.) SOCIETY for the Relief of Poor WIDOWS and ORPHANS of CLERGYMEN in the. D.ocese of ELY. u.E 'COMMITE TE foi conducting . the , , Above hold.their Half Yearly MEETING ttlO EAGLE INN, Cambridge, on WEDNESDAY the t !th of November, 1824, at Twelve o'Clock ; before which four et 411 requested, that all Subscriptions: in arrear, as well as sure current year, be paid to the Rev. J. Brocklebank, Trea st,:' , ge flr to the R ev . Professor Parish, Secretary ; to any of the ctun brid at( l' or Committee • or to. Messrs. Mortlock, Bankers, TVA OFFICE, Oct. 26, I 594. CO.3IMISSIOA r ERS for VICTUAL .. Lixo his MAJESTY'S NAPY, ti - e. do hereby give l'T "ics, that un Tuesday, the 23d November, 1824, they will 4 ready to receive Tenders in writing . (sealed up), and treat 14 14e "91 ,1 y suck Articles of GLASS WARE as may he 'colander! fin' the Service of the Medical Department of the \ "Y , for Twelve .11rmths certain, from the I st January , JR:S, and ferther, until Si.r lifonths Notice shall Lc given by (ifber Pparty frr the termination thereof. Pg ' er rns the different Articles to be contracted fur, and 4 ' ,41 4! Conditions of the Contract, may he seen upon appli. 'Man at t 1 Secretary's Office' E ach Tender must sperify' . the price in words at length, " 4 IC delivered before One o'Clock on the day appoialtd, Urgimu,t be accompanied by a Letter, signed by two respon :l64 Persons, engaging t o bec o me hound wills the Party el dfrbig, in Me Penal Sum of 200/. for the due perform- "ojthe Contrast. the P erson who makes the Tender; or some Person on his I e44 .l's must attend to answer when culled for. 3.1. - WALLER CLIFTON. I'ICTU.II. L 1 NG. OFFICE, Oct ;30, 1824. 1: 11 COMMISSIONERS for . VICTUAL- Lvira Nis 314JESTY'S NAVY, err; (to hereby give b or , That on Friday, the 14th NOvember next; they will r ` s ody 10 receive Tenders in writing- (sealed up), and treat : 14e l '"PiYi on separate Contracts, of all such quantities LOAF BREAD as may be required for the use of the 4:kers awl Men attached to the 4th, sth, and 6th Moisions Coast illochade s for the Prevention of Smuggling, in .n n ezi . :inities of Kent and Sussex, from the 18th November the 30th S e p tem b er , 1815. i n clusive. ly , e Uo nditiont of the Contract pirig,bc . ceen at this Office; ` ° /'Plying to Captain APCulloch, at MO; Mr. Reeks, ' " fi'r the Victualling at Portsmouth : and to the Pursers V' the r espective Divisio ns. FQch / ender must specify the Price in words at length, 44e delivered bebre Oor o'Clock na the day appointed ; ~,f Non b e accompanied by a Letter signed by two 'wpm to Prraons, engaging to become bound with the Party 1 : '1 / 4 ,1 g, in the Penal Sum of mi. for the due perform of each of the Contracts. Person who makes the Tender, or some .Persoil a n hi s '4O must attend to answer when eq ll ed for. Al. !r4LLER CLIFTON. pE. ROPE VAULTER, or a COUNTRY EXCURSION. A nertlelomew Fair on a Mondayb egan T i lt Market clos'd, when bestridilig his ' horse, to Smithfield a Yeoman directed 'his course, 0 -- .‘e to a booth as the multitude ran,. ere rope-sanltin4 Moiiltey display d I 111111 , in appropriate costume array'd. performance a nd antic griinaccii t ;"' " 4 !lumber of tisible faces. ,i n ' d ure I" cr i ed the Yeoman,-the Monkey turn 'd round, O but n- ca 'llltg his e ye on th e Y eo man's Wright bout 0, wonder all other pur s u i ts; A ,1? 1 1 reflection his image he found a t ri s 'n a mirror,--and judgment . to show. I,l4".lqted his dress by the tine jetty g. t IW u wtl highly prais'd this new Aniateur" b taste 44,1111,, Presto, begone J acko sprung u k ) s h e r .„ „d waist, 'll4 l vving his arms round the Aso iliac 'lse the Old Bailey past do e w n n ul l ' i L k il e , the wind, 411„ kfriars Bridge with velocity cross (1, 1 At while these mystified riders engioss'i . 6r V when arriv'd, what but terror p i revail l 4, .11,4'4 devil 4 10 as seen by the devil assail") " hs one of the Blacking's attracting, s tt ` t !''"lo the Monkey t.it a" its It tli,ri„ uir, his d ress to the bright hoots again, his Amateur taste to sustain..-- at"ilu Isis home, to pevent like disaster, tt Jacko is found r by his Master, 1 1, 4 1 : 4 'e and resplendent reflection not lacking-- by Warren's pre-eminent Blacking. iL ~ t' ' s 'Y Shining and Brilliant BLACKINO, prepared by ROBERT WARREN, • 30, STRAND, LONDON ; Li And %Uhl in eve T own i the Kindom. 41 4, i i l, e !D.jo Bottles, ry 6d. 10d. n and g 18 d• riL;(.:KiNG Puts Gd. Mi. rind 18d. ) "t• or Paste is erin i a n i to Four Is. Bottles of Liquid. "'" 1. AsK FOR. WARREN'S BLACKING. 111 etii UItES •I''l—.-----": " :-: : -... - --- -__ 4 ,, CURED BY AN INTERNAL MEDICINE , Tl' •lis D) was publiihed, " 1 -, itud Wilson, Prilices.street, Soho, and Sold by all Booksellers, P RA r ,,, 1 2, 11 c Third Edition, enlarged, price -Is. , 4 , r ' t #,, rICAL 013SMIVATIONSonS1 RlC ,'lttib, 4 E, and other IMF ASF'.' of the IntF:THRA' 1, 1 ,';:i st.:,lll'4o..cliectualMode' of Cure ' by an Internal Medi. 1 ;4 , it Io r , ‘lng the application of instruments i , unn .i tces "i,e4; , o, 1 """ 411 Y productive of i n j ur y. Ill us t rat e d j r% ,", oil the Origin, Sy m pt oms , a nd Treatm e nt o f ub is • Rectum. 1k.,-,.0,.. By WILLIAM RENOU, 14 pth 4 , t ,.t i . if the Royal College of Surgeons. London. i lit iii iht 17 difficulty of the Chemical Process in the yompu lit,;e:i',"itiie4o:itittlitti.rin.ledirn(ttlitlee curets of which are 11 . eicribrot in it cannot be dispensed by r lor ' th ior in the usual course of business. , i t i e pic -11-,ItIR 0 . 11111110 datiOil ot the Faculty and of persons .1„ / ) ).,.° 4 d or in the country. the Medicine is sold in --- - 4.1 Is. each, by Mr. Gifford, Cliemisz, 104, Strand. S lk 4, ~pu j l•t ; NGlNs.--The value of this engine c n t s o siii,ll'3lllltrymAy be estimated from calcula ~ray that the steam-engines of Englan d to 1,520 pt Power - of 3'20,000 horses, equa l b "ti0, t ` 1 4.4) men, which being, in fact, manage d ofy kn. 'nen only, add actually to the power "Nation 1,884,000 men UNIVERSITY INTELLIGENCE. OXFORD, Nov. s.—Wednesday, November 3, Simon Tay lor, Student in Civil Law, who had lately res►gned, was re elected;- and , Richard Charles Hippesley Tucktteld, of Oriel College; was elected Fellow of All Souls' College. Thursday, NoieMber 4, the nomination of the following Gentlemen to the office of Public Examiners was approved in Convocation, viz. :—The Ilxv. Benjamin Parsons Symons, B.D. Fellow of Wadham College ; ltev. James Endall Tyler, B.D. Fellow of Oriel College; Rev. Thomas Vowler Short, 11-. D. Student of Christ Church ; the Rev. Charles Atmore Ogilvie,. 31. A. Fellow of Balliol College, continues Public Examiner. The same . day the following Degrees were conferred BACHELORS IN CIVIL. LAW. William Heatheote, Esq. Grand Compounder. Simon 'Taylor; Esq. Grand Compounder. lion. Arthur Philip Perceval. Fellows of All Souls' College. MASTERS OF ARTS. Rev. John Frewen Moor, Brasenose College, Grand Com- pounder. Rev. Owen Jenkins, Fellow of Jesus College. Rev. Alfred itob.n-ts, Trinity College. Henry Wiihy, Merain EACIIELORS OF ARTS. George' Oraville Kekeivich, Eketer College. William Trench, Christ Church. • Charles Floyer, Trinity College. William Evans, William George' Meritlitlt, Brasenose College. James Currie: - University College... John Baden Morris, The same day William Bill, Edward, Meneowe, and John Griffiths, were admitted Scholars of Wadham College. ECCLESIASTICAL I'IIEFERMENTS The llev. Joseph Amphlett, M.A. Curate of Kingsnorton, (late Fellow of Worcester College, itythis University,) has been nominated to the perpetual Curaciof Wythall, in the County of Worcester, void by the death 'of Hugh Edwards, 8.A., in the patronage of the Rev. John Wingfidd, D. 1). in right of his Varagage of Bromsgrove. The Rev. the Dean and Chapter of Peterborough have pre sented the Rev. Thomas Alills, one of the Minor Canons, to the Living of Easton and Bringhurst, in the County of Lei cester.; and the Dean and Chapter have appointed the Rev. John Hopkinson to the offices of Precenter, Sacristan, and Librarian, vacant by the resignation of Mr. The Duke of Sussex has appointed the Hon. and Rev. E. S. Keppel one of his Royal Highness's Chaplains. The Rev. Montagu Oxenden, A.M. to be Domestic Chap lain to Lord Prudhoe. The Mayor and Magistrates have appointed the Rev. Edwin Faulkner, M.A. Chaplain to Worcester City Gaul. POLICE [NTELLIG ENCE. IMPORTANT QUESTION. GUILDHALL.—Mr. J. Reeve, pawnbroker, Snowhill, ap peared on summons yesterday before Mr. Alderman MAOXAY, to shew cause why he refused to deliver up ,certain property which had been unlawfully obtained and illegally pawned with him, without the privity or authority of the owner; agreeably to the directions of the 39th and 40th Geo. 111. cap. 99, com monly called the Pawnbroker's Act. Mr. DI alEs, jun., attorney, who attended upon the part of ' the complainant, Mr. Woolfit, upholsterer; St. Paul's Church. yard, opened the case by stating, that property to a consider able amount had been obt a ined from his client by ayoung man of the name of Ritchie, whom he had subsequently prosecute d to conviction at the Old flailey, and he bad been s en te n ced to transportation. Part of this property was in the hands sf se veral pawnbrokers, but as it was understood that the case of. Mr. Reeve would decide that of the others, be had not applied for summonses against them. He 'was proceeding to prove that the property in question—s. tea-chest, had been fraudu lently obtained, when— Mr. IiARMER (who appeared ror Mr. Reeve) said—l admit all the facts of your case. I allow that Mr. Reeve has the pro perty; that it was obtained from you under false pretences, and that you have convicted the party for the fraud. But I contend that the Magistrate has no jurisdiction in the present case. — The words of the statute are, " If the owner or owners of any goods or chattels shall make out to the satisfaction of any Jus tice, that the same shall have been unlawfully obtained or . taken, and unlawfully pawned or pledged, such Justice shall thereupon cause such goods and chattels forthwith 'to be re stored to the owner or owners thereof." Now, I contend that the complainant is not the owner of this property, and that he ceased to be so the moment he parted - with it to Ritchie. In a case of felony, though possession be parted with, the right of property still remains in the original owner. This is the dis tinction between felony and fraud ; in the latter case, the right of property as well as the possession must be parted with ; in felony, the possession only. In order to convict Ritchie of the fraud, the right of property must have been parted with ; other wise the man's offence would have been felony. Mr. Harmer then referred to the case " Parker v. Patrick," in the Term Reports, Easter Term 1793. The defendant Pa trick had prosecuted to conviction a prisoner who had obtained goods under false pretences froin him, and pledged them with Parker, a pawnbroker. The property being produced on the trial, Patrick got possession of it, and the pawnbroker subse. quently brought his action for the recovery of it, and obtained a verdict. Upon a motion for a new trial, the Court said, " This case is distinguishable from the case of felony ; for there, by positive Statute (21 Henry VIII. cap. 11.) the owner, in case he prosecutes th e offender to conviction, is entitled to restitution; but that does not extend to this case, where the goods were obtained front the defendant by fraud ;" and the motion was refused. This • Casei Mr. Harmer contended, was decisive of the present. Mr. Di atv:s asked what was the date of that decision, and finding it to be before the passing of the present Pawnbrokers' Act, argued that the clause in that Act upon which he was pro ceeding was made expressly to alter the law as thus laid down, lie then quoted the clause, laying great stress upon the words t unlawfully obtained," and insisted that this property must be decided to be unlawfully obtained, and not feloniously. Mr. liAltatEft-Certainly so, or you could have had no con. viction. The case I have quoted being before the passing of the Pawnbrokers' Act can make no difference in the question. The clause in the present Act expressly says " the owner or owners." My point is, that your diem is not the owner of this property. If he had been the owner he could not have con victed Ritchie of the fraud. • Mr. Beresford, the Chief Clerk, !mid, that as the question was very important, he would stibmit to the Alderman the pro. pricty of titling the opinion of the City Solicitor, who was ac cordingly sent for, and oh hearing the state of the question, said, that in his judgment the (lase alluded to was precisely in point. The question was not as to the unlawful taking; but whether or no the present complainant was the owner of the property, and after the case quoted, there scented to be no doubt toe principle decided being the same as must govern the present case—the distinction between fraud and felony. Such was his present opinion ; but he would look . into the subject, and if he found any reason to alter that opinion, Mr. Dimes shoUld be made acquainted with it. By this decision the pro. perty remains with the pawnbrokers. Maxstox-HousE.--Yesterday a deputation waited upon the LORD MAYOR, from the Governors of " the Female Or phan Asylum," and stated, that from the report of the transac tions of the Justice-room, they collected that his Lordship had under his care a female orphan, whom he was desirous of ob taining admission for into their charity. They presented to his Lordship a book of the rules by which they were governed, and begged that the facts of the case should be communicated to them. The Lon) MAYou stated, that he had made inquiries, and found that the parents of the child were respectable tradespeople in the city of Edinburgh, who were induced, amongst others to go out to Poyals , upon the fal se repre sentation that diey would there find civilized life, abundance, and happiness. The society were aware, through the medium of the press, how fatally untrue those representations proved to be. The parents of the child escaped from the desert in a state of indigence, but the father had contracted a disease, the prodUce of climate and hardship, which soon released him from all mortal inflictions; and the mother quickly followed, from the same causo, aggravated by the pangs of separation. This child, the last of a respectable family, was left in the care of another emigrant, who, having lost all his property by going after the new government, in the hope of becoming something wonderful in the eyes of his countrymen, was compelled to place her in the hands of the Lord .11,,y,yr, uatil smite ins:itution could be found which might humanely put such a construction upon its rules as would not exclude so unfortunaic an object. There had been several other cases of this nature . , to which the press very properly and feelin g ly di rec t e d t h e public .attention, and in which public subscription had been effectually used. This orphan had been supported on the residue of that subscription, and bik hordship was extremely anxious, before the expiration of his Mayoralty, to have her in a parmanent manner provided for. The nurse, in whose Caru . ,ahe had been placed, had con ceived an attachment for and was deshons. of keeping her,. even at her own cost, but the V7oMail Was very poor, and could not be expected to be able .to serve the child. - The gentlemen of the deputation said they were happy to be • able to put into effect his Llrdship's . wishes . on the subject. They would, indeed, be unworthy o f th e support which they received from the put,lic, if they hesitated to give every ad vantage which their institution atllrded to such a case. The' Lonn Mayo,, in warm terms, thanked dill» for the ready manner in which they had come forward..to anticipate his wishes. It was not every institution which he had had to deal with in the course of his Mayoralty, th a t ca m e forward with such proMpt bencrolence to relieve.a ease of distress ) ; and there, were. some institutions which could 4'40 to send cvtry. depend ent they had to a boarding seTicsil, so immense vim the contri butions levied. upon the charitablefor their support. He had often met with. a Freezing adherence to the letter of nice distinctions, which excluded the greater number of the destitute objects, for the relief of whom the money of. the public was expressly given. His Lordship, in alluding to the manner in which the deputation became informed of the case, observed that it formed another strong proof of the absolute necessity of publishing occurrences at police-offices. If that practice were given up (and he trusted. would not), the cause of humanity_ would sustain irreparable injury ; for not only : did police reporting operate to the pre vention and detection of crime, but it placed before the eyes of the charitable the sufferings tithe unfortunate, and gave an in structive lesson to the inexperienced. IVithout the aid of-. the organ to which he alluded, numbers of refugees might have perished, and many widows and orphans would, to his know ledge, have wept in vain; for their miseries would have re. coved no alleviation but . empty pity, notwithstanding the number and wealth of our charitable institutions. • •MARYLEBON E-Orricr.=-A Alr. triiodhani appeared to an information obtained against hint by Mr. White, the district Surveyor for having made windows- in the party-walls of a house which he hdd recently erected, contrary to the prio:i, , ions of the 234 and dilth sections of an Act passed in the 14th of George 111., entitled The Building' Act." The object of the Act is to prevent houses being built of Improper materials, or in a way calculated to afford facilities for the progress of lire; and it is on the latter account that party-walls are re quired to be built without any openings whatever. From the importance of the object, the enforcement of the enactments has been confided to the district Surveyors. In the present in. stance the offence was admitted ; and it appeared, that through ignorance bf the law on that point; Mr. Niroodliam had so con structed his houSe, that the blocking up of the windows (which he is tOnipelled to do) will he attended with seriousineonvenience to him. Mr. RAWLINgON and Mr. Ottirrrms joined in expressing • their opinions, that as many new erections were being - made in all parts of this district, and' as otherg 'might err equally inad vertently, it would be advisable to circulate a brief summary of what was, and what was not allowed. Mir. Wit ir E remarked, that he knew of no way by which that ell tobtainedoth o i>4)e s b .o y a ob given ject o co f brought As respected the ca s e th en b e f ore t h em , hi s only object was the ei t eespbuyblic di eityd a i i l which i p c a h per seas s. due discharge of his public duties ; and if Mr. Woodham would undertake to block up the windows, he would give him a month for No. doing, and in the mean time the information might stand over, with an understanding that it would be with. drawn immediately on the alterations being Made. Mr. \Voodham expressed .his thanks for the forbearance shown him, and gladly acceded to the proposed arrangement. now-Fir itEvr.—On Thursday evening a well-dressed young man , who gave his.name John Brown, but whose real name was said to be George, was brought . before Sir R. )nitwit, charged on suspicion of robbi ng a gent l eman of h i s watch i n r tleo Covent-garden Th eatre . rge Jones Abr a m, the prosecutor, went into the the l% i p r i . t pit of the theatre at the opening of the doors on ‘Vednes. day night, and in endeavouring to secure a good seat, he pushed on with others, and at that instant he observed the prisoner pressing against him in a very peculiar manlier, and getting first behind and then in front of him. lie thought it singular at the time, but front the appearance of the prisoner, he did not suspect hiM of any thing dis. - honest. The prisoner took a seat near him, but in a very short time he disappeared. In about three quarters of an hour 31r. Abram missed his watch, and he immediately suspected that the prisoner must have taken it. lie looked about the pit, and at length saw the prisoner standing in another part among a crowd. He looked steadily at him, and the prisoner observing this went out. Mr. Abram followed, b ut not i n t i me to sto p the prisoner, who went straight into the street. The check taker, however, being informed of Mr. Abram's loss and sus. picion, sent two constables after the prisoner, and he was brought back. He was searched upon the landing-place, where the box of the check-taker is placed, but nothing found upon him. He was taken back into the theatre, and in a few minutes a gentleman passing out, saw a watch upon the spat where the prisoner had been searched. This proved to be the prosecutor's watch, and the prisoner was consequently detained. The prisoner protested that be knew nothing of the robbery; and being asked why he left the theatre immediately before the conclusion of the play, he declared he did not leave bet re the curtain tell. Two witnesses swore that the curtain had not fallen, even when the prisoner was conducted back to the pit. Sir It. Bi lINIE said, there might be some doubt as to the pri soner's guilt, but the evidence was too strong to allow of his dis charge without the intervention of a jury. The prisoner was fully committed to Newgate for trial. UNIox-Ii A LL. —Yesterday .Thomas Hotly, who was some days ago brought before M. SWAB rY % - Esq., charged with bay. big committed a singular species of imposition, underwent a final examination. Air. Hines, the proprietor of the Bri g hton conch, attended, and Monk, the driver. Air. Hines produced an anonymous letter, which he stated he had received since the last examination of. the prisoner, and which, lie presumed, from the tenor of it, was written by that individual. The letter was as followii, and addressed to Alessrs. Hines and Monk "gentlemen--\u doubt you will be surprised on receiving a letter from the person who, but a few days ago, improperly Obtained from you - the sum of 14s. Gd., - *ln& sum will be re. turned to you as soon as possible. I atii an 'unfortunate person, out of employment - , without money or friends. Poverty and distress drove me to 'the sad itheinative prietised on You: some mont hs ago, I never contemplated 'Sikh an act. Rest assured, Gentlemen, that the amount shall be returned to you the mo. ment I have it in rniy poWei. I acknowledge the magnitude of the crime, and with the greatest contrition I beg W subscribe myself (and in fact I am) a Miserable indiOdual. " Mr. Hines, Us. Bd.-..111r: Monk, ‘2N. gd . ,, Mr. Monk now told the 31agistrate that Mr, Attree, the o li r ri th A i l e tvn i fto whom the oldi of brown p aper , was a d.. parcel, eon gtaeinntilnegmnaonthriensgidbinugt t4 a , f o dressed, was on a tour anti for which the landlord of the White Hart had advanced the, i;ticri .of 11. Ss. thls to the prisoner eillr. Attree, Monk the prisoner prisoner upon the repreientatitin : that Mt', . A t tree th . e w b o al ui a d. nc re e f ti u u n e d , the sum of I/. bthe that same, g e i n t ti b e e l i n n a g n ty e ; 1 1 h il e ati a i bo e of ye nn, I :e m e7 LI 4 1 ) , t w o i u ll e ,h w e pay the the and d s m fr a o r m k ed o o w n h th n e o o w ti n isi r d e e s pe o of i t a l b i the ty parcel, at Mr. ilines's booking-offiee,. 3 u a n . d 6 e d rt . oo ov k e , r utopotrlehpisib,orner7wpohonasiebniltitayw, atyo. fraud was discovered, and the prisoner was apprehended on Wednesday last in' Clapham, while in the act of endeavouring to play off a similar fraud. The Magistrate observed, that there was no necessity of hav ing the attendance of Mr. Attree, as that case Was sufficiently supported by the evidence of the landlord of the White Hart at lUttchant, and Monk, the driver. Tile prisoner was then asked if .he was disposed to say any thing with respect to the alleged fraud- Ile replied, that be, had nothing to !state in his defence ; and he was fully com mitted for trial. . A poor woman of the name of Phoebe Wilkes, on Saturday evening last picked up five ten pound notes, of the Bank of Sparrow and Co. The loser shortly after published an acitount of bis ill hick, when they were readily restored by the fortunate woman, to whom the reward of five pounds was paid. (ChamsArd Chlonick.) LAW PROCEEDINGS. COURT OF CHANCERY, Nov. 5. IN RE LATII‘iSf, A BANICRUPT. • Mr. SHADWELI, was heard in reply on this case. He con-, tended that 3lr. de Tastet's refusal to sign the certificate of the bankrupt was founded upon no rational grounds, and that, it ap.e peared from Mr. de Tastet's examinations before the Com Mis... sinners, that the violent prejudice which he had conceived against thehankrupt was wholly capricious. The transactions between the lirni of Latham and Parry and Mr. de Ttetet had been entirely conducted by Parry; the frauds by which Mr. de Tastet had suffered so great a loss were committed by Parry, not only without die • co-operation, 'but without the knowledge' of Latham, whom Mr. de Tastet never saw until after the frauds had been discovered, and Parry had abseonded. This fact Mr. de Tastet stated himself. He said, in his examination, that he never saw Latham until after his loss; and he added , " If I had seen him, I should never have lost sixpence; there is disc=ie mulation in his very face ' and if I had once looked upon him, T would nut have trusted him. His complexion is enclave/we, and be bas the countenance of a conspirator. Ile eift'telseriLs gave an occotint of the transactions between Latham and Parry and himself, Ina manner whimsical enough, but in which the motives he attributed to Latham were supported by nothing but his own fancy. He said, " I am not. very fond of bills in Chancery, bet I like good bills of exchange when they are ac cepted by responsible persona. Parry discovered this predilec tion of mine, and brought me bills of exchange to discount, whiCh I always received from him with an agreeable smile. Upon this a scheme was laid, of which I believe that Latham was the contriver and the perpetrator." Upon being asked why he ac cused Mr. Latham of participating in this scheme, he replied, " I believe that he assisted Parry as Hunt assisted John Thertell." Mr. de Tastet went on to say, he believed that Mr. Latham, having gained his confidence, and his favours by proeurine. him those bills to discount., of which he was so fond, invented the plan by which Parry and Latham had gained, and • he .had lost, so much money. " This being done, said Mr. de .Tastet, " Latham set to work his industrious and ac tive Mercury; who showed himself on this occasion no unworthy representative of the old god of thieving." The Loan CISANCELI.OR asked, whether these were really Mr. de Tweet's answers, or the effusions of his attorney's poetical fancy. Mr. S/TADWELL said they were the Impromptu replies given by Mr: de Tastet to the questions put to him at a private meet ing before the Consnaissionere. The Learned Gentleman went on to argue, that all these imputations which were cast so un justly by Mr. de Tastet upon Alr. Latham were merely violent prejudice&S which he' had adopted, for which there was not any reasonable ground, but which it seemed impossible to tradicato front his mind. The Lonsi CHANCELLOR' said, that although they displayed considerable irritation, it was such as would naturally enough be created in the mind of a man who had sustained such exten sive losses by the frauds which had been practised upon him. Mr. S'FIADWELL resumed his argument, and insisted upon the hardship which Mr. Latham had already endured. He had been ee- 12 years ei bankrupt, prevented front again embarking in trade, deprived of the whole of his property by the same frauds under which Mr. de Tastet had suffered, and in which there was no particle of evidence that he had shared. All that could be alleged against him at the moat was, that he had been negligent ; and when it was considered how necessary it mast always be for persons engaged in mercantile concerns to repose the fullest tonlidence in their partners, he trusted this would form a sufficient excuse for that negligence. The anxiety and privations which he had endured for so many years, made him the fittest object for the exercise of that wise and merciful power which the Legislature had thought fit, now for the first time, to vest in the Lord Chancellor, and the Learned Counsel confidently hoped that his client's certificate would be granted, and that he would have the benefit of the laws under the opera tion of which he had so long suffered. The Loan CIIANEELLOR.—Before I can come to any de cision on this case, I must read again the examinations which have been so often alluded to in the course of this discussion. The painful and important duty which under the new Act of Parliament, I am called upon to exercise requires on my part the utmost caution and deliberation. Before file passing that Act, the conduct of bankrupts had often been such as to call for the animadversion of every person who had an opportunity of observing it; and, to give too much reason for the complaints made by creditors against the state of tke law which permitted such bankrupts to go free. These complaints were often made personally to me., by individuals who did not know that I had then no means of remedying an evil, the existence of which I regretted at least as much as any other person. The greatest scoundrel in the world upon becoming bankrupt, if lie could succeed in prevailing upon a certain proportion of the persons who claimed debts against him, to sign his certificate, and if he duly submitted himself to the operations of the bankrupt laws, Was sure to procure release from his engagements of every kind. The Chancellor had no power to withhold his certificate, and it haS been ruled from this chair, over and over again, that the' person who filled it had no right to look at the past conduct of the bankrupt, however dishonest and atrocious it might have been. I have known many men become bankrupt whose con duct has been as immoral, and who have as fully merited the ' heaviest penalty of the law, as thosecriminals upon whom in its just severity the law has inflicted the punishment of death. Fre quently, instances of the following kind have come before tne Petsons reposing full confidence in the integrity of agents, ecailiv in whom wm have hn have confided to their hands large sums of money , for the pur pose of having them invested in the funds. These agents have represented to the persons so trusting the m that t hey have obeyed their directions. They have punctually this : subject;psi a t n h d even e divi dends on the days when theyanbxe happeningietcany te o i f n elt th t e be e m ve s i c a lv oc csf e r° a l anyfree froni all anxiety on this subject; and even 'in the eventof any misfortunethe persons irisaprinn they had confided, they have congra tulated t hemselves that from they had escaped the shipwreck in which the affidra of their agent might happen to be involved. Then, however, comes the disclosures that the monies have never been invested—that the agent has dissipated them, no matter how,'—spill the un fortunate people find themselves suddenly stripped naked of all their means of support, perhaps of existence. The indi. vidual to whom the supreme administration of the bankrupt laws was intrusted, was ton frequently obliged to, see and to know this, without the power of preventing the fraudulent agent from going back into the world freed front all the weight of lus debts, from the responsibility of accounting to the' persons he had ruined, and with increased power to repeat the dishonesty of which he had shnwn himself ca. pable, By the Act which has lately passed, this difficulty has been removed. It is well known with what facility bankrupts in general obtain their certificates ; the feelings of humanity winch English creditors are always ready to exercise toward, Englishmen, render them sometimes too ready to release them front their bankruptcies. This Act of Parliament has in some degree limited the power of the creditors, anti has given's re medy to that small minority of them who, upon good reasons, shall object to the passing of -a bankrupt's certificate. It has said that this remedy shall be just what the Lord Chancellor of England, upon reviewing all the circumstances of the case, shall think ht. I repeat, that in exercising this power for the first time, I feel the necessity for a very cautious inquiry into all the facts by which my decision must ultimately be re. gulated. One obiervation I must make on the case, and it is this—it has been stated,, that Mr., de Tastet's refusal ' to sign Mr. Lath:Mee certificate has been founded open the advice of his solicitor, Mr. Lowe, who has told him that by doing so he would let in the bankrupt's evidence probably to the prejudice of his own debt. If Mr. Lowe has done so, be has done wrong; Juni it is only necessary for me to say here, that this Court would not be at a loss to know how to deal with die debt of a creditor who refused to admit into the investigation of it the evidence of a bankrupt. The only View which take of my ditty under the Act is this—l must ascertain, before I finally refuse to allow a certificate, that the non-mascot of an individual creditor is founded upon tational motives, arising out of some misconduct on the part of the bankrupt. The difficulty of accurately ascertaining this must strike every one. These motives must be entirely of a moral nature, and it is nearly, if, not quite, impossible, that a person, neither in the situation of debtor or creditor, shall be able to say in every case what are and what are not sufli.. dent motives. I think it highly probable that for this reason some vcey considerable alterations may be made in this Ass before the month Of May next (the period et which all the provisions' of the Act are to be in full operation), and that the Legislature shall lay down some general rule which shall go. vrn all possible cases, instead of leaving them to the decisiori of any indiVidutd. Upon a principle which I always endea. your to act upon that of saying nothing which may prejudice the cause of any:person s whom, upon further consideration, I shouhl i egret very iptich to have prejudiced. I decline to mato even what is the inclination of my opinion on the present case, If I did otherwise, that statement would go forth to the pub.: lic; and from what is going , on •in, the world, I. have no heal. tation In saying, that publication does much more evil than publication can 'ever repair. I shall therefiire address myself to the perusal of .the examinations;' feeling that I have not at pre sent information sufficiently accurate to gnahlo me to discharge that great duty with which I .have been invested. "would have the world, however, to know, that the necessity of con. forming to the bankrupt statutes hail hitherto prevented me from taking a view of tile precedent conduct of bankrupts, anti that incS 1 find this restraint taken off, I will exercise my , power in this respect ass fully and as extensively as the case may seem to require. -VICE.CI-lANCELLOR COURT, Nov. 5. The Art6 , ..CHANckt.t.ott was occupied this day in hearing tition , and motions of course, which were of no public in .crest. • COURT OF KING'S BENCH, Now, 0„ cifosin- v. MOGRE. This Wain question of obligation tin the part of the plaintiff to act upon an agreement, in which he had concurred when a minor. Benjamin Moore had left his property to his wife and four children; subject of course to the payment of his debts. A fainily of the name of Moore claimed 8001. An agreement was entered into to take 4001. .The plaintiff was a minor at the time of this agreement, and consented. But after he came of age he'braught his action for 901., his share of the Money 'sr.:Tendered by the compromise. The ease was tried at the Lincoln Assizes' . before Baton Bullock., and a verdict found for the plaintiff. Mr. Sergeant Vaughan obtained a rule to shoW cause why a new trial should not be granted. Messrs. CLARKE and READER this morning showed cause.. Mr. Sergeant VAUGHAN, for the rule, contended that the plaintiff ought to be understood to have ratified the agreement as soon as he became of age, hecause he did not then die- - claim it. The COuuT thought be could not be required to difielaint what had never legally existed.—Rule discharged. PREROGATIVE COURT, Nov. A. A great deal of business ,was done in this Court to-day, but none of particular interest. ' Oneor two long depending cases were advanced It:Stage of two: - . MINTER V. 111.111NX. In this case an executorship had devolved through several re presentatives; and Mr. Borne, the survivor of. those represen,. tatives, was some time since called on to bring in an inventory and account of the estate and effects of a Mr.. Elizabeth Ar. bouin deceased; particularly as to a portion of the estate of that lady's husband, which she, conjointly with her co-executor, had administered, before making her own testament, of which Mr. Borne was nominated the executor. Dr. d. ADDAMS; on behalfof Mrs. Hunter, the daughter of Mrs. Arbouin, objected to the declaration produced in Court in the way of inventory, and prayed the Court to direct it to be reformed, • Dr. Donsow, for Mr. Borne, observed that Mr. Arbouin, the original testator, in regard to a portion of whose property the present question arose, died in 1303, in which year lite widow and her co-executor took probate of his will, Now, as this event happened so long ago, and as Mrs. Arbouin had herself died so far back as 1800, and as the execution of the trusta created by her will, on the part of Mr. Burne and his co. executor (now &Ceased), had never 1)0h-re - been' objected to by any of the other numerous kindred and legatees of Mrs. Ar bourn, the Learned Counsel contended it was too much to call on his client for any greater specification of the first estate (Mr. Arbouin's) than he had rendered many years ago, to the satisfaction of all parties except the applicant. It might also ' be fairly contended that this Court had no jurisdiction, or but a very feeble one, to refuse or reject an inventory furnished in compliance with its assignation. in a case reported in 6th Maule and Selwyn, p. 406, entitled " Henderson v. French," it was held by the common Law Court, that a prohibition would lie to the Consistory Court of London, compelling it to receive 1 an Inventory ' • for the office of that Court was merely ministerial. The Learned Counsel, under all the circumstances, prayed that this party might be dismissed. Sir iOLIN NICHOLL said, the dictum which had just been referred to, applied only to a case for which an Act, of Perlis- I ment had already provided, and wherein the original suit was ' brought by a creditor. The Court proceeded to state the facts out of which the present question arose; observing, that Mr. Burne had positively sworn in his affidavit, " that no other of the goods, chattels, credits, or effects of the first deceased's estate (Mr. Arbouin) had come to his knowledge or into his possession, save and except such as he had already accounted 1 for and paid over at. the times and to the parties mentioned in 1 certain accounts therein referred to." Now, unless the other party could show some reasonable ground of belief that this solemn averment was untrue, the Court could not fairly call on I Mr. Borne, at this great distance of • time, for any more de. 1 tailed specification of the effects of the first estate than was' contained in his present declaration. The Cour t, ha vi ng n o 1 such grounds; before it, dismissed Mr. Borne from all further 'l observance of justice in the suit, &c. INSOLVENT DEBTORS' COURT, LINCOLN'S-INN. FIELDS, Nov. 6. This being the clay to which the Court adjourned its sittings, it was to have resumed them to-day at the new Court in Por tugal-street ; but that building not being quite finished, and the smell from the paint strongly offensive, Mr. Commissioner HARRIS selected the large room .belonging to the office of the Court, at No. 33, Lincoln's-inn-fields, and held the Court there, where he will also hold it to-morrow ; but as this place n o t sufficiently commodious, he directed public notice to be given that the,Court will sit on Monday next at the Old Miley. !lent!/ Kolbe was opposed by Messrs. Por.t.oc x and Cooxt, for several creditors, A preliminary objection, involving or point of somkimportance, was raised against the petition, un. der the new Act, which, amongst other things, enacts that. every prisoner petitioning this Court shall be in actual custody within the walls of the prison at the time of presenting, sue petition, and during all the proceedings thereon, and not within any rules or liberties thereof. This Act came into operation on the lit of September.' It appeared by the affidavit of the solicitor of one of the opposing creditors, that he met the instil. vent on the 23th of September, after he had filed his petition, in the Borough-road, when he told him that •he bad receive leave of the officer of the prison (King's Bench) to go to pro cure particular medical advice relative to a cone Taint under which he was labouring at the time. The insolvent, being examined on this subjecr tated that he merely went to the doctor's house direct, anack again to the prison, that he had been in custody within the walls from the time of his arrest, and had never stopped one night out of it during that period. Air. lit:ATl', for the insolvent, argued that there had bete no breach here of the condition required by the Act; the object of which was to disentitle persons who were not in actual ens. tody, but living perfectly at their ease in some of the streets within the rules, to receive any benefit from it. The Insolvent had not been enjoying the rules of the prison; he had been in close confinement, and bad not been outside the walls except en this one occasion, when he went, with leave of the officer (for without it he could not have got out), to procure necessary me dical advice. - Mr. , l'or.Locit contended, that the insolvent had violated the condition imposed by the Act, of remaining in actual custody. Mr•Voolr. argued still further, tht if the insolvent had even. gone out on a day rate in term tinilf, lie • would hot have cOmplied with the condition of the Act. The CouitT was not disposed to go that length with the Learned Counsel. Mr. it n havine. replied, rt. _ _ Mr. Commissioner liAltßlti (being the only Commissioner present) said, as the point was an important one, he should direct the case to be adjourned, until it could be argued beton , the full Court. Mr. II EAT u said, that as it was possible the pohit might ul timately . he decided against him, and hi s c li ent have to begin, over again by applying for leave to tile a new petition, it would only be subjecting him to a couple of months' additional im prisonment. lie would therefore pray the judgment of the Court at once. Vommissioner ll.aania said, that since lie must decide according to his present impression he must order the petition to be dismissed. even' though the insolvent had the pokes leave for going out , t h at did not prevent it, since he went vo. luatarily, from being a breach of legal cuatody.—Petition missed.