The Sun. — London, England, 1820-01-17 00:00:00

FOR 'CHF. SUN. SMALL DEBTS BILL. MR, EDITOR---MV last Address stated the na ture and Constitution of the Courts about to be established for the more easy Recovery of Small Debts, and in pursuance of promise, the Forms 0 f process and Pleading, as regard both Plaintiff 'llnd Defendatt, are now submitted to notice. The Bill in contemplation, provides, that there shall be four Courts at least, holden yearly in each County, for the speedy recovery of Small nebts, at such times and places, as the Justices of the Peace shall think proper to order, each Court to be holden in the County. That the proceedings shall be by * PLAINT Only, and that such Court may hold Plea of Debt by specialty, as well as simple contract, if such Debt by specialty shall be for payment of a sum terrain. That the Plaint for Debt shall state for what specific sum the demand is made, and specify the pirriculars of such demand—and if it be for De home or Trorer, then in such Plaint shall be spe cified, the particular goods for which the demand is made, and further that such Courts shall not hold Pleas where the damage demanded ex ceeds 201, That the Defendant in every Plaint, shall be served with a copy thereof, three days before the holdin g o f the Court, if he resides within 20 miles of the Court so to be holden, and four days if be t'es►des 20 miles or more therefrom : and at the !not 01 such copy shall be stated the particulars of the Plaintiff's demand, if not fully expressed in the Plaint, and also ►be time of holding the Court, and also a no►ice that in default of ap pearance, judgment will be entered against De fendant. That the Judge of every Court shall appoint svithi n what time the Defendant shall appear, and plead, and in default of such appearance and pleading the Plaintiff to have judgment and costs, on his Making oath before the Judge of the sum due to him. That the Defendant shall be permitted to con fess the justice of the Plaintiff's demand, and to toter his acknowledgment thereof upon the Plaint, whereupon judgment shall be entered for the Plaintiff. That to a Plaint of Debt, the Defendant shall plead he does not owe the sum demanded, or any part thereof, or, that he owes only a certain slim, Which he is willing to pay, and which sun► ha may bring into Court, and the Plaintiff may take it out without Fee, and may have exect'tion for Costs: and in a Plaint of Detinue or Troyer, the Defendant shall plead Not Guilty, and may give any special matter in evidence.--But, it Defen dant claims a right of set off, be shall add to his Ilea the particulars of the demand, which be tiaims as a set off against the Plaintiff's demand. That if th e Defendant has made a tender of Money to the Plaintiff, before a Plaint of 13.!bt Las been served upon him, or a tender of damages befor e a Plaint in Detinue or Troyer, he may PPleat)'sneh tinnier, and bring the money into Court, which the PlAintiff may take out without l'ee, and the Dendant shall have jadgrnent for the And, it Plaintiff shall (trotted notwithstand ing the plea of tender and payment into Court, and the Jury shall tiail that trie sour tendered was equal to the debt or damage due, the plaintiff to have Judgment for such sum wily without costs, and a ttendant to have judgment fur his costs, to be Paid out of the money. so brought into Court, as tar as the sane will extend, and the surplus of lo ch money, if any, to be paid to the Plaintiff ;, out if t h e sum pa i d into Court sna i l be insufficient to Pay Defendant's casts, he shall have process against the Plaintiff for the remainder. That the Defendant, upon service of the Plaint, 43 0 tender to the person serving him, or to the ~'l 4l, "titt the money expressed in such Plaint, .7 c ,"" the costs of such service ; and if the Nam ''`' iiceepts the same, the Defendant on oath thereof may have an order of Court to stay pro ceedings. And if the Plaintiff reuses to receive th e st , t ," T n eY so tendered, the proceedings to be oft paying into Court the money demanded "'I toe costs incurred, after dcdiletiog the 1-)e -411(14111's costs, and which money rise Plaintiff may take out of Court without Fee ; but in default of "ell payment by the Defendant, the Plaintiff Shall have the costs of the application. That the Defendaot, on filing a plea, shall leave a Copy thertof for the Plaintiff, in the office of "It Clerk of the Court, who shall deliver it to the Plaintiff without Fee, and issue shall be joined by the Clerk on the plea so filed ; and be Plaintiff 61)4 proceed to Trial during the Sitting of the Court at which the Defendant has pleaded ; and the Judge shall appoint by tole of Court, within what time the Yi3intiti shall so proceed to Trial, and in default of his so proceeding to Trial, judg ment shall be entered against him as in the case of a Nonsuit. my next communication will tletail the pro !e,iii,g, b e f ore t h e Court, the mode of seeming Sittdenee, impanueling the July, Hearing or rtikti 01 the Cutise, Verdict, Judgment, and Execution. rtnipie, idu. 17, 18:0. W. M--N. ---- ' P L , INT is distinguishable from original writs, which issue from the Crown ;Is tlk Fountain ot Justice; for upon the Plaint tendered in Court to the Judge, the party com l./1;166'1g is entitled t o the Administratioo of Justice, without / 11, % Ieel lt" , ice of Mandatory Process fr,,in the liing' by original '''to as lb the pritutiee in supkria Loulli. THE TIIEATIIES. XINO's TneATRZ.—The second performance of the new Comic Opera Cenerentola, on Saturday, justified the favourable report which we gave of its first representation. The House, considering the severity of the weather, was well attended, and the Performers were generally applauded, but particularly BaLLOCHI and AMaROGETTI, the lat ter of whom was most ludicrously comic. A new divertisement, not of much merit in the construc tion, but able in the performance, followed the first act. The last ballet, the magnificent one entitled Telemaque, closed the entertainment of the night at a late hour, and was very much ap plauded throughout. DRIJItY•LANE.—On Saturday last a new Co medy, entitled Gallantry; or, Adventures in Madrid, was brought forward at this 'lheatre. It was sup ported by all the comic strength of the Company, and by the first and second acts seemed to pro mise more.merit in the succeeding parts than ap peared i-ct the event. It' must certainly he consi dered RS a dull play, since the efforts of the ex cellent Performers employed in support of it could not prolong its existence beyond a single night. As the piece is withdrawn, it would be a waste of time to enter lute, a discussion of its merits or detects. The chief gratification which the audi eoce felt on this occasion arose from the speech that Mr. ELLlterore addressed to the audience on the dropping of the curtain. Atter Inlay stating the difficulty of writing a good play, ns well a, of judeiug of its merits, he informed the audience that he intended to devote the profits of a night's performance this week in support of the benevolent Institutions now so zeiloosly sup ported in the City, and which i've hope will be patronized throughout the Country, as well as in the Metropolis. This address seemed fully to atone for the disappointment which the audience had previously suffered in the Comedy, by the applause which attended it.—[For the Prologue and Epilogue see our Fourth Page ] COVENT-GARDIIN.—The Opera of Guy Mannering on Saturday introduced Mr. NATHAN to the public in the part of Harry Bertram. Mr. NATHAN ie deed is not unknown to the public, having joined with Mr. BRAMAN ill composing tne‘ic for the Hebrew Melodies, written by Lord BYRON. 111 that work he displayed taste, feeling, and science. He is also well known in private circles for his vocal powers, and his skill as a Performer on the piano•forte. That he experienced an unfavdor able reception on Saturday is partly to be attri buted to the nature of his voice, which does not appear strong enough for so large a space as the area of this Theatre, partly to the great extent of that space, and partly to the.agitation which must have restricted his powers in so new a situation. We hope that no partiality towards other Performers mingled with the disapproba tion which attended his efforts, a circumstance, we are sorry to say, which has often occurred. He had evidently maoyfriends in the House ; b u t th e y were wholly overpowered by his opponents, whose judgment was probably less likely to decide justly. We are sorry also to find that the Morning Papers have beets so severe in their strictures, hut the respective Critics most probably were wholly ig norant of the real merit of Mr. NATHAN'S talents and acquirements, and did not sufficiently allow for the circumstances which we have offered in ex- Iplanation of his failure. OLD BAI!EY, JAN. 17. SPECIAL COMMISSION. SLAVE TRADE.—'Phis morning his livlajesty's Special Commission was opened for the trial of Jaques Alexander Carrot, and Alexander Phillint, charged %vith trafficking in slaves from Madagas car to the Mauritius. On this occasion the Grand Jury of the City of London were re-sworn, and having been addressed by Mr. Justice HoLROYD, as to the enquiries requisite for them to malt. 9, and their competence to investigate the case, not.. withstanding the offence was not committed in London, ►hey withdrew. BANK FOAGBRIEs.—George Perry and John Sto rey were capitally indicted fur uttering certain counterfeit notes of the Bank of England.—Mr. REYNOLthi Was proceeding to address the Jury, witen he was interrupted by the prisoners making application to the Court, to be permitted to re tract the plea of Not Guilty, tvhich they put in on Friday, and to pleat► Guilty to the minor offence of having notes in their possession.—Mr. Justiee HoLeovn explained to them the nature of ►he punishment such plea subjected them to, and Mr. REYNOLDS consenting to the application, the plea of Guilty was recorded, and no evidence being offered to support the capital charge, they were acquitled.—This we understand is the last of the Bank cases in tic Calendar. Mr. ELLISTON, of Drury-Lane Theatre, and also the Proprietors of the Adelphi Theatre, have .14:trifled their intention to present the receipts of one evening's performances to the Fund for the Rel , ef of the Hooseless. Saturday week the Magistrates of Paisley passed sentence on Samuel M'Kay and William Young, convicted of having committed an assault upun a special constable, %%ido he was assisting in securing a prisoner. AVKay was adjudged to three months' imp;isonment, and to be fed on bread and water alone, and to pay 11. 10s. of ex pellees, and failing payment, to suffer 4 months' imprisonment. Voting's sentence was, 2 months' imprisonment, a fine of 51. and 11. 10s. of ex peuces, and failing payment of these aunts, to be imprisoned another month. THE CHACEL—A pack of Welt,h hare 1101111dS passed through Windsnr on Saturday, belonging to Samuel Hointray, Esq. of Coworth-honFe, which were attended by a Welsh huntsman and whipi;er-in, in the dress of their country, who are to hunt in their native Welsh language. 'Ma will be a novelty in Berkshire. COURSING.-1 4 4tely a great Coursing Meeting took place ;It Ashdown l'Ark, the seat of Lord Craven, for a plough, given by his Lordship, to be run for by his tenants, which was son by a Yellow !" 1 1'1 1 Y , belonging to Jas. Spicer, of Lain bowl); siNtetu (lop were named, which brought P OEIR Y. POSTIANA,—(NusistEtt ill.) " Post ! Place ! and Pension ;—udious all ! " My spirit scorns their hireling thrall," Cries patriot PORCUPINE:" " No Post I'll fill, accept no Place, " Nor buy a Pension's foul disgrace, By. any work of mine." TO() hasty vaunt !—too idle boast! Already PETER fills a Post ; Soon may his sharp contention A Place in Newgate's wall; procure, And earn before the Debtor's door, A well-desei yid sus-pension ! WINTER SCENES. FLINT. tly JOHN MAYNE, E'SQ. How keen and howling is the storm! • • Stern Winter in its bitt'rest form ! Long, cheerless nights, and murky days ! No sun-beans gladdens Mis'ry's ways! The frost has stopp'd yon village-mill, And Labour, ev'ry where stands..still! Lorn, weary trav'lers, as they go, • Are wilder'd in the trackless snow, And dread, each step, that drizzling sleet And snow may be their winding-sheet ! To town or city if we turn, • What •numbers weep, what numbers mourn ! Unshelter'd sons of Toil and Care, cold,•shiv'ring, comfortless, and bare ! Sad groupes, who ne'rr knew need before, Begging for bread from door to door ! While helpless Age, too frail to roam, Is perishing for want at home! Hard fate! whet► poverty and years , Assail us in this rale of tears, Till Death, the dismal scene to close, In pity, terminates our woes ! O ! ye, whom PuovintscE bath blest, With wealth to succour the distrest, 0! lend your help in time of need ! The naked clothe—the hungry feed, And great, from IHEAV'N, shall he your meed! THE SERPENTINE RIVER: A finer seasonable (lay than yesterday was, it is impossible to conceive. The concourse of people was immense. We may state that one hundred thousand were on the ice and around the banks, and at least two hundred carriages. Numberless females of fashion promenaded on the ice, with the escort of only a livery servant. The Honourable FREDERICK BYNG took the lead among the best skaters, although all those we have lately men tioned were there. The circles for the best per formers, it equal distances, extended from the north eastern angle down to the Wilderness ; but in every situation the ice was lamentab) , defec tive, from the long fissures which branched off in every direction. From the prodigious weight the ice gave way in two places, but no fatal conse quences resulted. At four o'clock there were placards affixed in seven different places, in every one of which the water was ten feet deep.— The sweepers cleared one spot of ' about 200 yards in circumference, for what was called the aukward squad, namely, those who could only move in a straight forward direction. The spectators were highly amused, and certainly more ridiculous rencontres never were witnessed, front the repeated falls which took place. A part of - the retinue of the PERSIAN AMBASSA• DOR mixed with the throng, and • many other Foreigners seemed to enjoy the sport. From the repeated falls of snow, .the skaters moved as if on pattens, except on the cleared spots, which were but few, considering the twiny per formers. At tour o'clock there could t►ot be less than five thousand persons on the ice, which, et times, gave tremendously loud cracks. Ropes and ladders were scattered aboot : they were ap plied to a singular pi►rpbse — a number of idle boys harnessed themselves together with the ropes, and suede sledges of the ladders. Every two bars of the latter was occopied by a troy, and it was quite surprising to see the facility with which they pro ceeded over the snow, from one end of the river to the ocher. Stalls were erected in every direction around ; and one or two, of a very superior cast, in the centre of the river, were furnished with choice refreshments• Grace CLUB —Saturday evening the principa Glee Club in England had their third Meeting for the season at the Crown and Anchor Tavern, Strand, which was very numerously attended ; both by professors and amateurs. A CAUTION.—A stout fellow, in the dress of, and assuming the character of a butcher's man, having watched a large joint of roasting beef into a Gentleman's house in Gower-street, on Satur day morning, soon after its delivery, ran down into the kit:.hen, pretending that a wrong piece of meat had been sent in, which he was to take back to he changed at the shop, which :he ser vants were foolish enough to let him have, and with which the impostor, though quickly pur sued, got clear off. The ice on the Thames, below Kew-bridge, was on Friday one foot eight inches thick. Great numbers of wild geese have within the last few days been seen in this neighbourhood, circumstance which fully proves the severity of the season. On Friday afternoon full 200 of these birds were seen in Bemerton meads, near this city —(Salisbury Journal.) Death from excessive Cold and Snow,—A poor woman, outside passenger on one of the coaches front London to Exeter, died un Thurs day morning, from the inclemency of the wea ther, to which she had been exposed dining the night. On the coachman perceiving that she was benumbed by the frost, on the arrival of the conch the next stage below Salisbury, he had her conveyed in doors, and taken care of ; but as si,tance was too late to prolong her existence m ore than half an hour.—Two children proceed ing on Thnraday week front Langport to Bristol, on a baggage-%veggon, Were tonna, on its arrival at an inn on the toad, hum to death. THE MARKETS. CORN-EXCHANGE, JAN. 17.---There WIMA very thin attendance at Marker this inornin t „r, and few Sales were wade, as only necessitous buyers were purchasers, and that of Corn on Gr,n try, the de• mand for which however was so trifling, that no alteration in prices can be quoted, front the cur• rency of thii day week, IMYORTATIoNS LAST WEEK. lingiish. Foreign. Irish. Wheat %.. • 1,488 Barley Oats SMITIIFIELp MARKET, JAN. 17.—This morning's Market was exceedingly well supplied with all kinds of prime Cattle, particularly the number of Sheep, which was greater than any Market day for sotne siwe past ; owing to:fhis great sup ply, the prices are lower than last Friday's Market; Mutton and Veal are also redticed in price, but Pork remains as per last Market day.—No alteratien in the price of Hay this morning ; Straw and Clover as per our last quotation. The fulloWing is a correct statement of the . Prices ani Numbers at Market (To sink the Offal ; per Stone of Bibs.) Beef 4s. Od.ito ss. id. I Veal ss. Od. to 6s. Gd. Mutton ..4s. 6d. to ss. Vd. Pork ss. 0,1. to 6s. 6,1, Lamb Us. Od. to Os. 0,1. CATTLE AT MARKET. Beasts 2500 I Slicer and Lambs ;...17,950 Calves HAY AND STRAW PER LOAD. Hay.... k 3 0 0 tok4 4 0 I Cliiv'er.. C 4 10 oto 45 15 0 Straw.. kl 8 0 tokl 14 0 IRELAND. A PATROLE CONSTABLE SHOT. Yesterday morning, we understand, the body of one of the foot patrole belonging to the Finglas Office, was discovered lifeless on the Royal Canal bank, near the sixth lock. It appeared he had re ceived his death by a ball,• which passed di recly through Ills heart. He had, we under stand, separated from other two of the patrole, its pursuit of a man whom they had apprehended along with a woman, bearing in their custody a bag of dead fowls, supposed to be stolen, and who had afterwards escaped. The woman is in custody, and has told the man's siiname, but does not know his christian name —(Dublin Evening Post, Jan. 14.) MOST DARING OLITRAGR.—An outrage of a most daring nature was committed between the hours of six and seven, on the evening of Toes day last, near Swords. Two men, at an early hour, had become inmates of the house of one Byrne for the night ; and at the time above stated a number of men came to the door, which the fellows already within at once attempted to open for the admission of their associates, which those on the outside appeared too plainly to be. A domestic of the house endeavoured to prevent the door being opened, but was overpowered; and the gang entered and ransacked the house ; took a quantity of wearing apparel, house linen, 101. in bank notes, a gnu and a pistol :—but it appear ed that gold was the object of their search ; and, as they did not find any, they placed the man of the house over a griddle, which they had pre viously heated to compel him to discover where his money was ; however he escaped material injury ; and the robbers, unable to accomplish their object, departed ; information being sent to the Police Station at Santry, every effort was used, and with some success, to discover the •illains, six of whom were taken into custody before one o'clock the nest morning ; they were brought to town, examined, and lolly identified by the daughter or daughter-in-law of Mr. Byrne, and conimitted to Kilmainham for further exa mination. There were 12:or 14 in this gang of robbers, and we hope shortly to hear of the e - mairider, being apprehended.—(/bid ) IMPORTANT I N FOR MATION.—From calculation 1(v the College ot Physicians, no less than 40,000 die annually in Great Britain of Cousumprina, an d a t least 10,000 in London. The - late William Tuinhull, Esq. a very ingenious Surgeon. ascer tained that every 20(11 person was ruptured.— These complaints are truly alarming to every in dividual ~ vho uses the leas exertion. It is also iortedible the number that suffer horn a certain Disease, by being improperly treated. It was those circumstances induced Dr. COOPER to select eminent Physician , : and Surgeons, of at least 30 yea's' experience, to form a Medical BoArd; and since the establishment upwards of 30,000 Pa tients have been cured without confinement— many of them after hospitals had failed. .'Messrs. COOPER and CO. are consulted at Woodstock-street, Oxford-street ; and nt Char. lotte House, Great Charlotte -street, opposite the Rev. Rowland lidl's, d3ily, from eight till eight. Aiechnuics have advice gratis eery avrning, trout six till eight ; and on Sunday mornings until 12 o'clock. *** RUPTURES of 30 years standing radickilly cured ‘‘itliont confinement. *4* There are private doors at each house, and private rooms for Females. N. B. The Afflicted would do well to read Mesirs. COOPE 1 ail Co's Lectures on two pre• Diseases, published at oue shilling, by Mr. Harvey, 22, Blackfriars-road. They will also prove useful to young Practitioners. The following eirctrice took place at the house of a gentleman in Bishop -street, last week. The younger children of ►he family were in bed, engaged in a childish altercation as to who bad most room, when it was finally agreed to deter the decision of this question until the arrival of an elder brother (who slept in another bed in the same room) with o candle. A thief, who had se creted himself under the boy's bed, bearing of the candle, and thinking . prehably that lie should be more secure under the other bed, made a move ment for that purpose, and touched the leg of ono of the children. An alarm was quickly gi , en ; but the thief escaped fro►n a window in the attic. We are golly to add that the circumstance excit ed so much terror in the mind of a Lady in the adjoining hone, RI to bring on a premature la bour ; the Lady is still in a very precarious tute.—(litistol Joicrnal, Jan. 15.)