The Sun. — London, England, 1824-01-21 00:00:00

. . .. 1 . -v ---- . 4 ,-, ----L. - - • IgiimlT, ,, ,:i_ :„. . ,77 . ------:) _ • ' , : ,r, , p ; :,,,,,, Irk ? i ll I n it '\ (.7 . . N. ' , i i ~_~ NUMBER 9801. VIC7'UALLING-OFFICZ, Jan. 14, 1824. T HE COMMISSIONERS for VICTUAL LING His MAJESTY'S NAVY, 4c. do hereby alive Notice, that cn Friday, the 23d instant, they will 6 e ready to receive Tenders 7n writing (sealed up), and t reat for One Thousand Sachs. of BISKET STUFF ; to be delivered between the 29th January instant, and the 4th 'February next, into. the Victualling Stores at Deptford. The Conditions of the Contract may be seen at this o,Wce. Each Tender must specify the price in words at length, and lie delivered before One o'Clork on the day appointed ; and 'the Person who makes the Tender, or some Person on his 6ehay, must attend to answer when called for. W4LLER CLIFTON. VICTUALL :NG-OFFICE, Jan. to, 16+e4. THE COMMISSIONERS for VICTUAL LING His MAJEST?S NAVY, 4-c. do hereby give ' V c't;ve, that ou Tuesday, the '27th Instaur, • they will be be ready to receive Tenders in wriflag (scaled up}, and treat fur 'our Hundred Quarters of NEW PALE, and Two Hun dred Quarters of NEW CLOSE DRIED AMBER MALT; 74 e whole to be delivered bito Nis Majesty's Victualling 4'ia rel at Plymouth by the 20th F4ruary next. noltfalt to be answerable le Samples of not less than .716 Yuan each, Labe produced with the Tenders. The Conditions of the CYntract may be seen at this Qffice• Each Tender must specifythe Price in kiords at length, " 4 be delivered beji,re One o'clock on the day a,opointed, 4 "d the: Person who Makes the 7'endcr, or some Person on 44 behalf, must attend to answer when calk?' for- WALLER CLIFTON. TOWN -HALL, LIVERPOOL, 16TH JAN. 1824. AT a PUBLIC MEETING of the' BITANTS of the TOWN of LIVERPOOL, held t he day, for the purpose of " considering the propriety of ye ricei/1128 and adopting as a Public In stitution THE ME-. ;11ANICS' an d APPRENTICES' LIBRARY , which has e en successfully commenced in this Town by private exertion, 4134 which is now offered to Public acceptance and controul," '' - h e Worshipful CHARLES LAWRENCE, Esq.; Mayor, in the Chair, Th e Requisition for calling the said Meeting having been read by the TOWN-CLERK, and Mr. EGERTON SMITI I I hay- I nt detailed to the Meeting the rise, progress, and present state of the Library, The following RESOLUTIONS were passed unanimously:— First—(Moved by GLADSTONE, M.P., seconded , by Mr. T. B. BARCLAY )--That the n umerous S c hools in Liver pool having created amongst the labouring classes of thecom munity a commendable tast e f or use f u l reading, it is desirable to furnish Mechanics and Apprentices with the means of grati tYing that taste, by offering them the use of a well-selected Library, subject to such conditions • and regulations as shall hereafter be determined upon. Secdndly—CVloved by the Rev. R. PHILIP, seconded by ilr. HARDUAN EARLE)—That the foundation of . such a Li brary having been l a id b y M r . E gerton Smith, aided by con tributions of Books from various individuals, and the Libra r y being now offered by him to the acceptance and support of the Public, this Meeting gratefully acknowledges his services, and 4 " I h---.....;t0 promote the welfare of the Institution, which shall b e e stitled 46 The Liverpool Mechanics' and Apprentices' Li_ br ayird_ly (Moved by Mr. OTTIWELL Woon, seconded by Al d b ' W.' S' — .goscoE)—Th'at the Ben and increase of this Sti is shall he effected by means ol efactions and Annual r cita,, bi cti' - ptions, and by Donations . of Books, and by such other p a ' id - 2 as may be deemed expedient particular regard being A -by a Committee to be appointed, to the exclusion of such Irks as cotain polemical divinity , or party, politics. 114,thly—Oloved by W. CURRIE, seconded by th an ' , 110.sras TifoluTFLY) That Benefattors of not less th an 4 s . p er a nnum, and D o _ 25., Subscribers 0 , . lessnot 4(111 of Books amounting in value to not less than 2 .. 1..2 . 5...( n t0 . e estirnated by the Committee), shall be Members of this I stit utien b Pifthl Y--(Moved by Mr. EDWARD RUSII . TON,_ seconded Y Air s tri h Mechanics and Appn. - ti ees •-• ALICER let t ose -`) are not Members of this Institution, bUt'who are de °f its benefits, shall for the present.be furnished with on being nominated thereto by such Members, and sub- Six thi e rules of the Institution. JAIrE s Y A --- ( Moved by Mr. JOHN SMITH . , seconded . by . Mr. to thos - ..T e lttits)—That. the thanks of this Meeting be given i nstitu'h.,,' —aui es and Gentlemen who have already furnished the Nobiy 'with Donations .of Money or Books ; and t bourh itY, Gentr the ooci b e. Y and other inhabitants of the town and ne g .d extension requested, of and they -are hereby requested to ai booksthe Library,., by contributions of money or . of find ere examination, beingfew persons who will not,. on h for this they they have many useful volumes which may e spared h. Ares: purpose. P ur Pose. The Depositoriet of the Books to be for t ~s " t, the Liverpool Newspaper Offices. Ite: v "P l ii—Clloved by Mr. J. B. YATES, seconded by the_ b e ' • Tarcics)--That Committee, now to be appointed, of tliT w ered to draw up a Code of Laws for the overnment Le nstitution, subject to the approbation of a General Meet-. ot' the Members on an early day. by M 1 - -{Moved by Mr. G. M. WOOLSEY, and seconded R tet r • •L. Mon:EY)—That the Mayor and Bailiffs, the thes°vs of the Parish; the several Movers and Seconders of' 4esolutions, together with -Mr. Egerton Smith and .Mr.. int o Thor ats Raye, be' the Committee for carrying these Resolutions to el is ; that' they have power to add to their numbers, and pe rs ee t a Chairman and Deputy Chairman ; and that seven by N?ui form a quorum. AT. th k — (Moved by the Worshipful the 111s1ron, seconded be • " -(Moved by the thanks of this Meeting lbe giv ,P ° to Mr. Egerton Smith, that gentleman having been no: l4l arY cause of this Meeting, and of the important object In view. (Moved by Mr. W. W. Cu niu E, seconded by Mr. VA.:" U NTER)---Tliat the thanks of this Meeting be also trea t t° Ur. J. S. W a lk er, t h e temporary Librarian, for his attention to the bUsiness of the Institution. tlle4 / C HARLES LAWRENCE, Chairman. The aYnr:haVing left the Chair, for hi s t hanks of the M unanimously voted to . him re a d iness , .eeting were , unanimously bilging corr , in calling the Meeting, and for his able and in the Chair. Is a illi . Ik:)1 ; AND LIVER COMPLAINTS. . 4-111*. rni r id lintl e ffectual. Remedy for all those Liver ' a p3illitllt whtc' igin . atc ill a vitiated action of the . lite' IleicPtc4''ll,Pr<art.s"nainelv, Indigesrron, Loss of , A st p ; p e e . n lie ,,4, Atfe ' ei„T e ' "earthurri • • Flatulencies. Sa7"l4.l)BlLvi- V - h ''S PM c :''. .: ) f llie Liver,&c. &c. DIXON'S Ai " AledLh"- met limore general op;; .v rov r : c l o r o h m ar e l u a d i a l . 10 11 of ~,,"ue Whatsoerer. They unite eve . ,Istrain-at.„lT_°Pe_ration with . successf d ul effect • and require no 'eal c l. '' uqntinenient whatever tiring their use. In tro •i- 114te ri131 41 ' e '. where the copsequences of redundant and. 4111 ' nd ' ea " '" Prevalent and alarming, they are an inralui ,lrkletilikt e.diei.ent protection. Tliey are likewise pecu li a rl y .._ 4 abl e _ ...ed, -tu.correct 'disorders arising from excesses of . t v u e r knot c!' 4 restore the Tons vf the Stomach—and t•.rein i o n S o w iniPlaints occasioned liv Irregiilarity of the Bowe s. . , qtai i .9 .auxes, at 2s. pd„ fis., ' t s 4 es. • t, (near I is„ and 2i.5., by Butlers,. the ii i ... , "capsule, St. Paul's, ‘22o,..ltegent- street ,, b , ttel,,iV" Rooms), London ; Waterloo-place, Edin burgh_; . I.llrler4e,"irreer, Dublin; and by the principal Medmin• •mrungliout the United Kingdom. UNITED FRATERNITY OF FREEMASONS. THE ANNIVERSARY FESTIVAL in honour of the BIRTH-DAY of his Royal Highness the DUKE of SUSSEX, M.W.G.M., will be celebrated at FREEMASONS' HALL, Great Queen-street, Lincoln's inn-fir:Ms, on TUESDAY, the 27th Janaary next. • Tickets los. each, to be had of the Stewards, or theiOette tary, until Friday, the 23d instant, after which date none-wal be issued. By Order of the Board, • • D. BUCK, Secretary, - 18, Broad-street-buildings. STEWARDS. -.• Bro. Sir W. C. de Crespigny, Bart. M.P., President, P.G.M. for Hampshire. . Bro. Simon M'Gillivray, Vice-President P.G.M. for Upper Canada. • Bro. F. W. Pott - - - Treasurer, •Bro. Col: T. Wildman, P.G.M. for Nottingham. Bro. Major W. J. Symons ; P.s.U.W. • • Bro. Rev. G. A. Brown, D.P.G.M. for Cambridgeshire. Bro. T. R. Smith - - Grand Master's Lodge. Bra. Jos. Conder - - - Bro.. Herman Hein:hicks Lodge of Antiquity. ' Bro. James Whitchurch - • • - Bro. the Rev. W. Fallofield, W.M. of the Somerset HoUse Lodge. . . Bro. George Mott . - British Lodge. Bro. J. S. Hutchinson Bro. Andrew Ramsay : Lodge of Emulation. • Bro. John' Bott, W.M. of - the Corner Stone Lodge. Bro. W. H. Gaskell - - } Ditto. Bro. W. A. Wilkinson Bro. T. F. Savory - - Jerusalem's 400ge. Bro. Henry Fiends Bro. S. L. de Symons - United Lodge of Prudence. Bro. Glynn - Lodge, No. 2, Ireland. Ail E ANNIVERSARY DINNER Of the - SHIP-OWNERS' .SOCIETY , will be held at . the City of London Tavern, on TUESDAY, the 27th of January. The Right Hon. the Earl of LIVERPOOL, &G., President, in the Chair. , STEWARDS. Geo. Bridges, Esq. Aid. M.P. Joseph Horsley, Vsci• Henry Blanshard, Esq. - Edivard Hurry, Esq. James CO* Esq. Jghtt Nickolls, Esq. Edward Hawkes, Esq. James Sheares, Esq - Charles Herring, Esq. Isaac Sony, Esq. John Higgin, Esq. i Money trgr s, an COCK,i,.Esq. S ec. Dinnner on Table at Half-past Five o'Clock. Tickets, One Guinea each, to be had of the Stewards, an d at the Bar of the Tavern. SEVEN BitiZES OF £20,000. QWIFT and CO, - remind their Friends and . K. 7 the Public, that the present is one oat the very few Lotteries now remaining to he disposed of by, the.grapt of Pc-trliament, anCth4,respectfulli ,soricit, during the short. period that Lotteri e s . will be allowed to exist in this Country' a continuance of Shat fiatronap:e which has diititigaished their (Aces since the . year 1759. The present Scheme con tains the extraordinary number of SEVEN Priies of kc. 1 0 ,000, in Money and S p er C en ts., T wo of, which, •all MoneY'"" 3ll 'be decidrd the Fi rs t D a y, wh en every Blank will become a New Ticket, or entitle:l to ZIO in Torrey, at the option of the holder. Schemes at large may be bad ciratis at SWIFT and Offices, _ _ 1, Poultry; 31, Aldgate Higb-street ; 12; Charing.. Cross .• Where Tickets and Slino es are on Sale in the grerest va riety:—The Drawing will begin the /9th Next Month. Just published, DIVINGTON'S ANNUAL REGISTER, At for the Year 15?.2 ; in One large Volume, Bvo. price bo4rds. •_ 4 ,,, 14 ` Lately published the Volume .for 1821, price 15s. of which an Account giren..in the Britisl . f.,Crnic tor June 1523; also, the Year 1520 (commencing with his present Majesty's Reign), price 184. St. Paul's Church-Yard, and Waterloo-place, Pall Mall. This Day were pnlilished, price 25. 6d. On 'VII , DISABILITIES on ACCOUNT of "4.-1 RELICAON r , a.' they exist in England, Scotland. and Ireland, condereo with reverence to the Christian Pispen sation, Histtiry, and Policy. : Printed for Sherwood, Jones, and Co., Paternos ter-row. Ttris Day weir published, price 7s. in boards, SCENES in the IVIOROA ; or, a, Sketch of the Life of DEME (MU'S ARUYRI. Thest.Scentts,,illustrdtive of the Sttite.of. the Greeks, po seis much interest under existing circumstances, and ttl.; ef forts making by that brave and spirited people to effect their independence. Lyndon : Printed fur Sherwoo4,-Joncs, and Co. Paternos ter. row. SPIRIT OF THE JOCRNALS. . This Day was published, price Ws; ed: in hoards, Illustrated with a l'ortrait of his Majesty, and Six Humorous Designs, hp Cruiltshank. THE SPIRIT of the PUBLIC JOUR NALS for the Year IR2g ; being an impartial Selee, lion of the most exquisite Essays, Jeux trEsprit, and Tedes of Humour, Prose and Verse, that have appeared in. the !Morning, Evening - , and Sunday Newspapers; including. the Poetry of the John Bull, from the eaniniencement ; all the humorous Bow-street Reports and Varieties from the He raid; the . Epigrams and Jeux &Esprit of the Chronicle; choice Anecdotes and Facetnn from the other Papers; the whole of the celehrat et! Parodies.on Moore's Melodies; witty Miirceaux, Vagaries, and Original Pieces—arranged so as to form a most entertaining Volume, either for the Library, Fire side, or POst-chaise. • _ _ _ . Loudon : Printed for Sherwood, Jones, and Co. Paternos ter-row. FOR THE SUN. WEDNESDAY, JANUARY 21, 1924. LAW INTELLIGENCE. COURT OF CHANCERY, JAN..2O, CLAIIGHT.ONI). HAMMON% Mr. LovAr pursued the argument which had been adjourned' ftom yesterday, against the motion for an injunction in this case. It had-been said that the plaintiff:bad had notice from the.assigneeaa.Lea, that he- should , nbt, Pay but-that could be no ground for preyenting,theJlefendant from -recover ing the bill taVen for bona fide torAtleration. As to the matter of - fact, upon the naked s , :Atern•eritTeund- in the Oiintiff's bill, he had. employed Lace for at least-a year end a half and the business upon which he - eMployed him - was avowedly to raise money for the use of the plaintiff, by - tneens of hills . or loans, or.any other. available. means. ; ][t-appeared:that . in that time they had raised at least 40,000,1. The plaintil -.declared that the Africati•and - Cape - of 6-ccd 116pe Companies were chimeras which had no eXisterice,but in 'the :brain of Mr. Lee: 'lf he were to travel out of the record, as the other side had done, he could prodUce to the Court one el' the bilis of the e firzo beacit.r.- fiallz . engraved, wrnch wont i meet - declaratiod 'fully: But he, did. not teel• himself. authorizad by the irregularity Of his opponents to follow that coursea', - The..Loivia CilANtEur..6ft . risked why the Learned Counsel mentioned them ; . either he was or was rot entitled to intro duce that matter. He wished to know if-the cause had been' ea:lad en this - inorning in the 'Courts h a lals? The Solicitors replied that it was the third in- the piper. Mr. LOVA T returned to the argument. lie; showed from the contents of the answer that the defendaat most positively denied all knowledgeaif the nature of Mi. Lee's- agency, or that he. had been dismissed from the,agency before the date of'the bill now in action, and upon which. a verdict had in all probability, by this hour of the morning, been pronoun Ced fat the defendant, The plaintiff had moved in November - hit for this injunction in the Vice-ChaOcellor's Court, and the motion wasdismissed. They had suffered four seals to go over subsequently without., any application : they had launched their case in a Court of. Common Law, and they were not nuw entitLed . to -disturb the proceedings there, which wore now, going on, if they were not - by this time deterinined in favour of thddefendant. The Loan CHANCELLOR wished to know upon what' me rits the plaintiff went before the Vice-Chancellor. He could not understand what equity there was in this case, which was unfit for - the decision of a Court common law: ' • Mr. LOvAT felt satisfied with the suggestion of the Court.- , - 1 - le would pass by the other merits of his case, and content him self with observing, that not only ought the plaintiff not to have an injunction to stay the action. but he - would not be en titled to stay execution. If the Court should differ from him upon this last point, he felt sure that the present motion would be dismissed with the costs not. only of this Applit!ation, but also those costs which occurred in that before the. Vice-Chan- - cellor. 4 t Mr. AGAR felt that he had been unfortunate in his ars. ad dress to the Court, for he thou, ht be had shown a very suffi cient equity f or the application. The bill shoiied. that after discovery undei Lee's bankriiptcv , the defendant had none* , that the plaintiff was cautioned not to. pay the Money. Inn de fendant had knowledge of the fraud, .which was :plain Py his own admission that be had taken double security for tile pay ment, and that, he had effects of the bankrupts to the anioant Of 7 001 . more than the value of the bills. The Lon CHANCELLOR asked if the defendant admitted, payment of. his account by the means now, for the first time, mentioned in the cause. Mr. LovaT said, so far from that, the defendant declared, that if he recovered the amount of the bills it would not cover the debts clue to him. The LORD CHANCELLOR said, that the ground laid first for the motion was, that no consideration had been given for the bill; now that the value of the bib had been more than. paid, which raise an entirely new ca se, he was at a loss m know how the plai nt iff cou ld procee d b e t ter to d e t er mine the:rights of either party t h an by pr o ducing that which was now ad vanaed in evid ence • before the. jury. .sVio much of it, how. ever, there did not seem t o him to b e an y e quity at all.- : There' . was a groat deal said about blank bills issued by the plaintiff,. and filled up by Lee as his agent. It was in some casses diffi cult to say what was precise Justice in cases where blank bills . were given to be filled up at the discretion of another party ; but it blank bills had been given for Lee to be filled up as the. age n tof Mr. Clau g ht o n, the assign ees cou ld pr eten d n o right t o such bills. A n d as to the liability .. of the plaintiff, he -re membered wh en a que stion of the kill was tried at N;si Pries at Derby, Lord Mansfieldsdeciar e d that the parts' for whom bills given in blank were filled up, was j ust as muc h bound of in a bill fully drawn, and afterwards regularly accepted. To shorten the case, aawever, by this timeathe action in the lower Court was now e ither in course of trial, or was decided in ver dict. He ordered, therefore, that the plaintiff here, in case the verdict were pronounced against him should pay the money i nto Court, give the defendant s the costs of the motions unsuc cessfully made before the 'trice-Chancellor, and undertake to abstain from proceeding to a' writ of error. EXPARTE GRIMSTEAD INTTiR HOWARD AND OTP.BS. This is a BankrupaPetition, which. has been for a cons4er able time on the paper for argument, and the hearing of which hai been postponed. The question is one which has excited very abi considerableicbothin Courts interest, o fi ana andhaEsqualirtyea.dgeeeripai-bnetfoart issue pe bet Ween the parties is, whether a sum of a 2.0001. advanced by Mr. Grinistead, to the firm of Ho war d and .Clibts before their banktun, tcy, was such a claim as wou ld ren d er hi m a creditor under the commission, or whether ; on the other hand, it was a usurious transaction. The question was, &et, under the con sideration ofhig Honour the Vice-Chancellor, aad an isSue was subsequently' directed to a -Court of Law. In the Court of. Common Picas, before Ma. Justice Dallas, a long investiga tion took place, and the result was a verdict against the claim of-Mr. Gnmstcad. The case now came before he Lord Chan and the petition prayed either that a -flea' trial might be granted, or that . his Lordship .should at once decide that the petitioner shoUld be allowed to prove his debt under the Com mission. The •SOLICITOR-GENT.RAL appeared as Counsel for the petition, and occupied the Court for nearly four hcura in the statement of the facts from the petition, and in conimenting upon 411°9v-circumstances which he 'thought most deserv ing the consideration of his Lordship: The first allegation contained in the' petition was, that , the petitioner had from time to time paid into the bands of Messrs. Howard end Gibbs large sums is ceash,• to the amount of 60,00e1. and upwards, and that these sums had been so. paid to them in their characters of annuity-brokers. The petitioner , had been enabled to obtain from them in part payment of his whole demand,. annuities to the amount of about MOON. The residue of the balance formed the sum of 32,000/= now in dispute between the parties ; and the petitioner stated that the annuities to alit amount noa.having been handed over to him by the bankrupts, he was thaw a cre ditor under the commission for the sum so left Unpaid. The only answer which the petitioner had received to his demand was, that the transaction was usurious. The Petitioner was now actually in prison for havii . accepted bill a for the bank rupts to the amount of 25,000/. qlhe holders of those bills being unable to get their money, had lodged him in• gaol, where he still remained. The petitioner proceeded to state that, in the year 1777, he wasleft, by the will of his father, real and personal property to the amount of '66,oool:and that the landed'estates were situated at -Leatherhead in Surrey, and Ashatead, in Kent; adding that the petitioner had been a Magistrate of. Surrey for. fifteen years, and was well known by the head residing in that county. The proceedings which had now been in stituted, had tended not only to the total ruin of his for tune, but to the loss of his honour and his character. The Petition then stated, that on the lath Ntivember the Peti tioner was arrested by Henry' Berry, for a bill of. 7,001. In January, 1821, an accommodation was entered into, under which two other bills were drawn and accepted by him. On the 6th February following a Commission of Bankruptcy was issued against Messes. Howard and Gibbs. The Petitioner being recommended to leave the country, took ship; and ar rived at Calais on the Bth February. The sole cause, the Learned Counsel clmerved, of Mr. Griinstead's leaYing ; the country was on account of the acceptances tie had given to these Bills of Exchange. The Petition proceeded to state, that inquiries were trade by Mr. Wilson • respecting the an nuities to Mr. Henry Grey Bennett, Mr a Paget, Mr. Grosve nor, and others, and they were found to be all fictitious trans actions. The Whole amount of these fictitious annuities was 36,000/., and it was cliscavered that,, the alleged annuitants mentioned in the passabook were men of great wealth arid consequence in the world, never having been in the character of annuitants.• Upon inspection of the pass-bcok, upon which so much had been said, and so niuch defended, it was evident that it was blotted, and in many parts erased. The whole ob ject of thise corrections and obliterations, the Learned Coun sel contended, was to blind this unfortunate country gentle man, who had thus been gained and grossly deceived' by the bankrupts. - The Petition, then referred to certain annuities LIEUTENANT COUCH. Lieutenant Couch being in great distress and in an ill state of health, in consequence of being imprisoned under a false arrest, presents his re spects, and requests the Editor of THE SUN will do him the favour to insert the subjoined infor. motion respecting his limber chains. 8, Union -street, Borough-road, Jan. 16. 1824. To the. East and West India Merchants who are desirous to be informed of the superiority of Lieutenant Couch's copper limber chains, and conductors over the limber ropes. The chain is not above one third the weight of the limber rope after it (the rope) has been soaked and fermented ; the rolling and pitching of the ship causes a motion in every link fore and aft. The , chain exchanges a vacuity for the solidity of the rope, and allassate, the solidity of the chain is near about equal to the vacui occasioned by the strands of the rope, when new and dry ; the vacui after the rope is soaked and fermented attract all kinds of precipitates, or, that vacant space occasioned by the lay of the strand becomes choaked and frustrates the in tention of the limber rope. Lieutenant Covell has known two men drop down irreco verably suffocated for the want of limber chains to circulate the water in a line of battle ship ; and a skilled physician has told him, there cannot be any invention more beneficial and conducive to the health of seamen on long voyages in prevent ing the scurvy, putrid fevers, and keeping the cargoes sweet and clean. which were real transactions, and which had been , paid over to the Petitioner; and it further alleged, that false entries, as well as erasures, - had been - made in the pass book., The first. which appeared was in the latter end Of - the year 1818, and could only nave been entered for the purpose of deception,. This. entry in 1818 was an alleged..annuity to , Mr.. Berkeley Paget, which wag now ,Lidrnttted. never to have taken place. There were sub sequent entries to Mr. Grosvenor, .:4001:; Mr. H. G. Bennet, 40,0001.: and Mr. Paget, 3,008.14 but these were subsequently erased.. •These various entries, and other evidence nOt less strong anddecisive, the Learned Solicitor contended, proved that this money was notgiven by Mr. Grinstead, in the shapa of a loan, but it was plain that the petitioner imagined that all his advances were invested in annuities. The Learned Solf `citor felt confident that if this case had been originally brought before his Lordship, It would have • been decided without any .issue being directed, or if an issue had been directed, it would 'ha=nt beer o a f a special nature. Indeed, he had understood, that it` . was , saidOtt - the trial in the Court below, that the issue was mere form, as judgment had been already 'pro nounced. _ _ _ Mr. TAF.SLOVE and Mr. ROSE, Counsel cm the other side, objected to-such a statement being made..., The So.tactrou-G-ExEnat, had no objection that his lan guage should be taken down: If, however, he was wrong in this assertion, he wished to be corrected. He then proceeded to read the further allegations contained.. - in the•petition with respect to the erasures in the pass-book., and observed upon the word " produce," which appeared in the book. It hid been alleged on the other side, that this word "-produce," meant . interest on a loan of money, ..and thus attempted to fix usury upon Mr. Grinstead. But he contended that this word could by no torturous construction to be made to Mean any such - thing. The notion of laprrower and lender never entered into the minds of either 'party. The .LORD CHANCELLOR was anXicus to learn what was the law laid down by Chief Justice Dallas, in his Charge to the Jury with respect to the Question of usury. Ile had looked over the notes of the Learned Judge's. Charge to the Jury most attentively, and he could see no directions on the subject. As he understood the law to constitute usury, there must be a loan of money. If the real transaction was that this money was advanced by Mr. Grinstead for the purpose of purchasing annuities, while Howard and Gibbs .remained solvent, Mr. Grimstead would have a right to say, ‘‘ I will have nothing to d+ with these transactions; and if you will not pay nic for my advances, I will bring mr, action against you for the manner in which you have treated my money." Under these circum stances he should • have thought . that Mr. Grinstead would have been able to recover the value of those annuities. Now, as he understood it, it was necessary to be shewn to support the charge of usury, that that which was originally a contract •for the purchase of annuities was subsequently converted into a loan of money. Mr. froaxr, as Counsel for the assignees, said that that was the way in which he viewed. the question. He understood that the Learned Solicitor-General was now applying for a 'new trial._ • The SOLICITOR-GENERAL thoUght that he should be at liberty to choose his own course, and to take his choice upon the matter, whether to move for a new trial, or to pray to be al lowed to Prove the debt under the.cominission, without resort,. ing to a new trial. • i The Lo RD CMANCI:LLOR ooserveu, that the .9.olicitor-Gene:. ral Was at liberty to ask what he thought proper. It was ano ther` question whether hoShould grant it. a n s AL tt - e pj e. p s c t e a e t d ed eti tb t a o t allega tionsG • T h jel the S o o s p o e iatsoositl: t Gic a E • Stead was at Calais, Mr. Porter was sent over to him by-Mr. Gibbs, requesting him to come over to England to assist in the choice of assignees under a commission sued out by Mr. Camp, helL The struggle for assignees was, the Learned Solicitor con tended, a fresh proof that it was then imagiaed and believed, that'Mr. Grimatead's was a good debt, The effort was to pre-. vent the nomination of Mr. CaMpbell as assignee under_ the comm i ss i o n. The Petition neat .referred to certain letters mitten by Mr. Porter to Mr. Gibbs, upon which it was thought much depended. The-other side had much relied upon these letterS, as shelving the, nature of the transaction, but he did Y had any other tendency_ than that of light that no usury was attended by the pe t i t i oner , and th 11 at he really imagined that he Was dealt fairly with by s nO he t wi d t i l s g eo in ve a r t he bankrueabankrupts, that clearer they The first letter from Mr. Porter was dated the 21st, and the second the 24th November: They re-1 Porter ry urges that hat e snected cer tain meetin gM sto be held, and ime of em Mr. ontague should have his th brief as a • as possible. A third letter was subsequently written, and a fourth, which was the most important, was couched in these. terms : • • P ray do not fail to l et Harrison h ave 31 .• 9a. I s h a ll b e at el the office Shortly, as our obj ect i s to settle. the precise amount of Mr. Grirnst ead ' s debt. Pray, take care that the Accountant is there, that w e ma y agree with y ou an d him." Porter, - who wrote these lett ers , was a man who ought to perusal of these l e t ters, t h e Learne d Counsel ob. serve d: which had really nothin g to d o w i t h t h e transa ction, which find induced his Honour, th e Vi ce- Ch a n ce ll or , t o su ppose t h a t thiS was all a contrivance- t o fabricate adebt. The Petition lirt: athe been, at the time, w i t hi n the rules of t h e Ki ng ' s B enc h. then stated the appointment of Mr. BenjaMin Shaw as assignee under both. the old and new commission, and the subsequent accusation against the petitioner of perjury, and an attempt to cheat'and defraud the - creditors. The petitioner was then ac cused, who, quaeunaae via data, was a creditor under the cominission e either for cash advanced, or in the shape. of an.. nuities due ,to hint from the bankrupts, to the amount of 32,0001. Having concluded the statement of the allega tions in the petition, the Learned Solicitor stated,- that -there were two principal objections, which appeared evident on . the . face of the asetition—lst. That the letters he had read ought never to 'have been produced on the trial ; and, se- condly, that the proceedings in .the Vice-Chancellor's Conti had reduced the issue to a nullity. It,Might be called a drama . performed, the conclusion of which .was known before the curtain was drawn up. He was most ready to admit that the case could not have beentried before a more fair, unprejudiced, • and candid Judge th a n Chief Justice Dallas, who, he lament ed, had retired so preraaturely from the Beach; but Courts of Law knew little of the • proceedings in Courts of Equity, and it was imagined that somehow or other : h verdict was wanted, and some waa or other it must be'given. The consequence had beep, that this verdict, to which he, now. objected, .had been pronounced. The Learned Counsel then referred to the charge .of the Learned Judge to the Jury, and point, ed out what he deemed its objectionable parts. He. never would subscribe to the law laid down by that Learned Judge as being the law of the land, on the. construction 'of the Statute of Queen Anne.. He knew that.lt was not every where that that patience, so necessary to the investigation of such a case as this, would be beat Owed ; and he also knew, that nut withstandinv all that had been said &cunt the delays of dile Court, his Lordship would : gift the case. to . the bottom, and would spare no pains or patience in the investigation, however arduous it might be. He felt most confident, that whatever might be said etzewhere., justice would be deakby his Lordship -equally to all his Majesty's subjects. If the mode of proceed- ing hitherto observed in bankruptcy was not calculated in do. justice to all parties, it ought to be immediately altered.. Had this case been originally considered by his Lordship, he was satisfied that the issue either never would have been tried in the Court below, or that it would have'beea directed in a diffe rent shape, and for a different purpose... The Learned Counsel concluded a law and animated speech by strongly urging his Lordship either to grant a new trial, or allow the petitioner to prove his debt under the Commission. Mr. HART followed on the same side. and adverted to the evidence given on the trial, as well as to the charge . of the, Learned Judge to the Jury. At considerable length he com mented upon the evidence of Mr. Gibbs, and contracted it with the testimony produced on behalf of the petitioner. It Was evi dent, he conceived, from the manner in which the Learned Judge charged the Jury, that it was his opinion that the evi dence of Gibbs ought not to be behaved; hut .he never directly told - the Jury that it ought not to be believed. If this had. been done, a very different verdict would, probably; have been pro nounced. He was proceedities to observe upon other portions of the testimony adduced on the trial, when he Was interrapted by the Court. The Lorin CII,VNCELLOR sid that he would hear the re mainder of the Learned Compel's speech to-morrow In -the mean time lie was desirious of ascertaining one point which occurred to hint as a difficulty in the charge of the Learned Judge; • was it, he would ask, intended that, sib initio, this suns of .32,000/. so RciYa;"Aced should be considered as a loan of rtio ney, and if not, when was it begun to be so considered ? He wished to know also, Whether the whole 32,0901. was so coash dared as a loan of money, or only a part of it? These were questions, with respect to which he should wish to be satisfied. Mr. Haase suia he was about to address himself to those PRIOR SEVEIORSCEo points when he *AS interrupted by the Court. Ife would, wide his Lordship's Fer.nission, endeav o ur to answer those questions to.rnorrow when he concluded his arguments. .. • • SOLICITORS OF Tun cOuni, The foregoing argument was int e rr u pt e d lay aq application on the part of Mr. AGAR, who had-been requested immediately . to eanSult the Lord Chancellor upon the following question A pctitiOn'had-beeti - presented tostrike two solicitors of the rolls:of the9ourt, and his . Honour wished•to know if it was within the_seope of his branch of the jitrisitietion to gralt the petition before he would venture to hear it. • - The . IfooßD CsfaxeEttou said, that his Honourinust have forgotten that he had already exercised his power by striking one solicitor off the rolls,. for which there was a petition now pending'hefOre him. Mr. AGAIt said, that undeftibtedlY, his Honour was aware of that, but, the present petition prayed, on:the alternative, that no commission in funire should be directed to the 'said: solicitors . from this honourable Court. • . . • • The Loup enal.xcELLon said, undoubtodik he could not Ice how the order of his Honoar, not to sof?* e solicitor to re., cH . ve a commission Irina this Honourable .Court, caul l l be able to prevent the Lord Chancellor'frOm directing a Conifris•siOn to that very solicitor; •if the case abotild so fallout. LordiThut , low had directed that no other commission should be put into the hands of certain solicitors rtmpecting whom'he made that order. Upon the whole,- in a cftlegtiOn which went so . materially to affect the entire means of life of. the partieS, thought he ought not to part with the exercise of that power, and that he should take the whore responsibility.on'hiraScitl. VICE-CIIANCELLOWS COURT, JAL 20. MOILOAN tCLORD CLARENDON. Mr. PEPYs said that this was a:petition prayii:g that the con duct of this suit should be transferred from, the p:aintiff to the creditors:upon the ground of improper de/ay - hi the con ducting of the cause. It appeared from the statement of the Learned Gentleman that the testatrix, Amelia Gurgunett, died 'in lee, possessed. of - considerable real provorty. ,- '..tThe' of the estates site bequeathed to. Lord Clarendon as tenant for life, subject to the payment of ;ter debts. The affidavit of the Soli. citor on 'behalf of the crtditors stated, that shortly after, the death of the testatrix 'be.Watinfc, , rined by Lord' . Clarendon's Solicitor - that-it would be.necessary to file a bill in.'erder to carry into execution the trusts contained in the will of the testatrix, and that they would file such - a bill ; though from the:• affidavit of the Solicitor it appeared the bill was filed by another Soli citor. :*torn that period to the.present the debts continued un satisfied, though it appeared that abundant property existed for that purpose. Thi s Mr. Pepys said •was one of 'those cases in which the 04 - trt of Chancery was made inStromental to the greatest injustice; and the public, not discriminating between the protracted litigation of parties interested; and the blameless conduct of the Ijourt and its officers, attributed this delay to the machinery of the Court. Mr. HART, on the other side, obserVed that Mr. Pepys had, by dealing in' generalities, iinonn.ed very unfounded blame to his clients, who were much more anxious to vindicate their high professional characters froth this charge, than to gain by - any alleged del y. The affidavit of his client distinctly stated that no appliCation had ever been made to him on the subject of these proceedings to whith lie hhil not given willing information, and during the whole -.reit ise of them no personal application had ever been made by the Solicitor for the present petitioners. The VICE .CII,6:CEL Lon said that he Iv es b y no Means of opinion that since 181';' there was no culpable delay. In 1816 the Report having stated that there -was no blameable ho could not say that up to that period there Was any hlanie at_ tributable to the Solicitors. Mr. HAUT wished the - ease to Stand over until he ascertained the exact necessity for such delay. • 'He understood that it arose from the complicated nature of die affairs of the testatrix. There was scarcely a single acre of her land. that, when dying, she left without a mortgage.. " . • • TkheYfcE-CHAscEf.f.ort..-14et it ste.tid.,:over.,ei'id whenever you give Mr. Pepys•that information he may mention this Case to the Court. Ig.RE FROST 9.• Mr. Anat was prepared to open this petition to the Court, which he said originated in an attempt to defeat a collusive commission• of bankrupt, issued several years - since, against the firm of Lee and Consett. Various proceedings had been taken in it; which the Counsel was, about to detail, when he was stopped by The Vicx-CRANcELLOK' *ho said, he observed the peti tion prayed, amongst other things that he (the Vice-Chancel lor) would order the attornies (Messrs. Frosts), against whoan the petition was presented, to be struck off the rolls of the Court. Ile thought he had no power, of doing this under the Act of Parliarnent by which the duties of his ofrice were .recu latetl, and upon a fornieroecasion, in a case of collusion, where he had all the inclination-in the world to have exercised such a power., he refrained frOm doing so, because he thought he did not pessess it. If the Lord Chancellor thought tit to direct him to hear this case, he was ready to proceed with it ; and as his Lordship was sitting,, he would trouble tie. Agar to go to his Lordship and state the doubt which hadariS'en in his (the Vice-Chancellor's) mind, and ask his Lord Ship, whether he wished him - to hear the petitiOn. Mr. : HEALD said, that his clients (Messrs. FrOSts) were most anxious that the petition- should be heard with as little delay as possible. They were men of the' tirst respectability, and high in their profession in the county of York ; and the sooner. they were enabled, as by the hearing of this petition they would be, to wipe away the imputations which had, been so unjustly cast upon them, the better they would be satisfied. - Mr. Anan withdrew, and -in the course of the morning re turned„when he told his Honour that upon mentioning the case to the Lord Chancellor his Lordship bad- said he would choose to hear the petition himself. IN THE MATTYR OF LORD CAWDOR. Mr. TOLLER applied to His Honour fur the purpose of ap-: pointing John George Latabton, Esq. guardian to the son of Lord Cawdor. It appeared that under. the will of. Major libriard, who fell at Waterloo, the son of Lord Cawdor became entitled to an estate in Scotland; but as the young gentleman, did not reside in that country, a tutor, the person appointed ire loco tettoris by the law of Scotland, :eoititl not legally be ap pointed, and such an appoilituFnt. was peceSqary in order to perfeet the father's contingent title to the estate. . The VICE-CHANCELLore refused the motion, on the ground that no beneEcial interest appeared to arise to the infant front. the appointment of a guardian. COURT OF xu R 's iIENCH, J AN . 20.. • P URIt. THE RING V. HITCHEINTs. This was an indictment against diael:Wentiara for perjury', al-- leged to have been eonainittedby him on the Nisi of a person named Dunn. The case arose out of the proceedings instituted in consequence of a petitiow which was preifented to the House beforethe B o t r h o e u g e h o n o u t t n ' t . against the return of Messrs - . o G f ra C h o a rn m in o a ti n s el i E n v e th ly e n y , e a a r s 13182enb e O, Ives, Cornwall. Dunn, in his l eVlt r l s enc fo e r tee appointed by the House of ROTIMOM O stated, that on the evening of the Ist of March. 1820, some-of •the voters of the Borough came to Mr. gain's house, where the 'Committee and . the Candidates were dining together s that the voters came into • a lobby .adjoining the dining-room; that liaise went out, and distributed among them treating tickets; and that he spoke j 4 so loud a tone, that every person in the dining room must have heard him.: Dunn was preoecuted , and convicted of perjury ;- and on his trial, the defendant, who is a surgeon residing at St. Ives, swore that he was of the dinner party, and that noise did not act as he was stated to liave acted by Dunn. In the course' of his evidence he denied that any voters came to Halse's house that evening. , Some of the witnesses who gave evidence yesterday for the I-rosectition against. Mr. liaise, swore that they went to Mr. al.'s house on the evening of the Ist of March, 1820. • The ATTORN . EIT-GE/itii.AL addressed,the Jury for the de,, , Pendant. He adthitted that. some of the voters came to Mr. Halse's house that evening, and the defendant, in one part of his evidence, admitted that fact. • The Leained Counsel was ar guing, that, looping at the 'defendant's evidence,. it was quite clear it when in answer to one question he used the weird house, he meant that the voters did not come into that part of thehouse sworn to. by Dunn. The. LOUD CilliF J',osTici interposed, and said he cer tainly was of opinion that it would be going teolar to ‘'iay that the defendant, when lie used •the word house, indented to swear that none of the voters came to Halso's house • that evening. Looking at the whiile Of 'the defendant's- evideaeloon the trial of Dunn, it was quite clear he only meant to de.n.y4hat. the voters come into the lobby, as stated by Dunn.. . Mr.SCAIILETT , for the prosecution, said, as thatwas h is Lord ship's opinion he felt it his duty not to press the cause farthdr. ' The Jury, under his Lordship's direction, found the defend., ant Not Guilty.