The Sun. — London, England, 1824-12-10 00:00:00

THE LONDON JOURNALS. DA I IN Extracts /ions the Morning l'opers, Dec. 10. [THE TIMES.] The oppression and general maladministration complained of in some of our distant colonies, weconceive to be a subject of the very highest importance, and we have therefore neglected no opportunity of bringing it distinctly under the notice of the Government and people at home. Offences assuredly are not to be measured by the extent of the scene on which they happen to be perpetrated, or to be forgotten because of their distance from the eye of the spectator. A very remote and narrow spot may suffice for the exhi bition of overgrown delinquencies ; and, indeed, in affairs of Government, the most active and for midable 'enetnit s of -whatever constitutes the wel fare of a state, are found to select, as the most convenient field for their mal-practices, those extreme points of a mighty empire whence mur murs are least likely to he heard' at home, and where vexatious tyranny may best calculate on reigning and rioting unpunished. But, in pro portion to the natural advantages of such a posi lion for the indulgence of corrupt principles and despotic habits, ought to be the watchfulness of the central Government of a free people over its more scattered functionaries; and in the same ratio ought that watchful spirit to be exercised by the press—tho most saga cious and unerring police officer in the world, and the firmest prop of lawful power, because it is the ablest protector of innocence, and the cheapest dispenser of justice. There exist other reasons why the proceedings of our Colonial officers ought always to be suspected, and examined, and ex posed. The extremities of the empire are not merely the most inviting scenes for misconduct in those who rule them, but precisely on that ac count, the class of persons most prone to violate their duty are sent thither, as to their natural retreats from the searching activity of Par liament, or nt least the mortifying expression of public opinion here. See how many men, whose rank is their sole recommendation to a public trust of even subordinate value, now fill the chief offices of precedence and authority, among the dependencies of Great Britain, east, west, and south (our objection is not toe Lord per se, but to a Governor who is merely a I,OEIIO India, the Cape, both ends of the Mediterranean, and the most valuable of our possessions in the western hemisphere ; But let us turn for an instant to that precious example, the Cape, We pray our readers to consider quietly how they would relish the sort of Government which Las been, more than once within these few months, described to exist in that Enoch-suffering colony. A Literary Society, which the Chief Justice, the pater legal persons, and a large majority of the •welkinformed and respectable residents at the Cape, as well as men of property in the bite- Aar of the settlemeut, proposed to institute, not for innocent enjoyment alone, but for the ad vancement of arts and intelligence--of fetters and civilization—was put down at once by an overbearing and insulting threat, that an old Proclamation of 1800, framed against Dutch conspirators for betraying the Cape (then a new conquest) to the enemies of England should be enforced against our peaceful, en lightened, anti loyal fellow-subjects! It was " dangerous," it was, forsooth, 66 obnoxious," to the titled Vandal. The illustrious Francis of - Austria and Italy dra not wish for learned men so much as loyal subjects. Yet even Francis was not barbarian enough to charge his ilibleets with disloyalty, for only seeking to imoeve 'themselves in knowledge. Alas! alas! wer:ialk of igno rance, and insolence, and inveterate' prejudice, among Grandees of Spain or slaves of Turkey ; but where was there ever a match for this, but in the Hottentot annals ? CIHORNI.NG HERALD.) Monday's Paris Papers arrived last night. It appears from them, that the evacuation of Spain by the French is merely nominal, at first a frac. tion only was to remain.—But a fraction only of the Army of Occupation is to be withdrawn— and moreover, a French corps d'armee is to be maintained at Vittoria. Various suggestions are given of the causes which have made the French remain. The only difficulty is that of choosing-. The helpless poverty, odiousness, and dastard- Linen of, the Government, the blind fury of the fanatics, anti the formidable aspect of the partisans of the Constitution—these might be all and each good and sufficient reasons for protracting a little louder the visit of the French. In the provinces, especially the southern, excesses the most horrible and sanguinary are committed. There is an idle story —such we think it must be, of an intended descent of Constitutionalists, from Tangiers. The rumour, most likely, has been propagated to afford some pretext to the Serviles for assassinating anti pillaging—such is their practice—all who are ob. noxious to them. An article .from Vienna states that great activity is observable in the Foreign Department and among the Foreign Ambassadors: The arrivals and departures of couriers ate very frequent. The subject under consideration is supposed to be the pacification of Greece, and for this purpose a sort of Congress of SovereignS will be held at Vienna. [MORNING CHRONICLE.] The Consols for the settlement on the 18th of January, 1825, were extremely steady yesterday in their value. They opened at 9.5 H, and closed at the same price. It is generally understood that the' speech of his Most Christian Majesty to the Chambers, on the 29. d current, will be both pacific and satisfactory. On the Poreign Stock Exchange It was reported, in the morning, that the Patriots l►ad gained considerable advantages over the Itoy►►lists in Peru, and Mexican Bonds in couseqtience advanced from 66-} to 671. They however closed at 67/4 from whicl► it may be in ferred. that implicit reliance w , u►s Opt plat e 4 in the intelligence received at Liverpool by the packet ship the Canada from New York. In the Prices of other descriptions of South American Sectirities, no material alteration can be noted since Wednesday. Austrian Bonds are a shade dearer. In Greek Bonds there is considerable speculation, and they are one half per cent. higher. French !Uites have again reached 1024 f., and the Scrip of the last Loan is steady at a pre mium of about 14 per cent. In Northern Secu rities no material alteration can be noted. [Ncw TIMES.] The Funds experienced little alteration yes terday, as there were no expresses from Paris. Consols were 95/ for the Account. The intro duction of the . Brazilian Mining Company's Shares into the Stock Exchange created no little sensation yesterday. Report bad spoken fa vourably of this plan, and the Shares had ob tained a high premium, when a call of five pounds per share (not mentioned in the pro. spectus), in addition to an immediate instal ment to the like amount, was, unexpectedly it is stated by the intended proprietors, de manded previously to their becoming inte rested in the concerns. This plan, although similar to that of the Colombian Company, was not contemplated, and in consequence the Shares were at one time at 2 per cent. discount; but upon its being stated that the managers of the Company would receive back the shares of thoge parties who diSapproved of the proposed terms, the shares rose to par. The shares in the Foreign Gas Light Company were in a similar predica ment, by an unexpected charge of 31. per share for expellees incurred : these shares were on the preceding day sold at 6 per cent. premium ; at the close of the btiSiness they were 14 per cent. premium. Colombian and Buenos Ayres Mining shares experienced no variation in their former prices. The intelligence from South America, by the New York Packet, produced little effect in Mexican Bonds, which closed at their opening price. The French Rentes maintained 102 f. 50c. and the Scrip 14 premium. In the other Securities there was no alteration deserving notice. [nmsu raEss.] The Report of the Tithe Committee of the parish of St. Botolph, Aldgate, appears to us of so much importance to the inhabitants of the city who are subject to the oppressive construction of the 37th of Ihury VIII. that we have thought proper to insert it in our Paper. None are less disposed than we to invade any . just or lawful right of property on any pretence what soever. IVe with not to see the Impropriator, Whether Lay or Clerical, defrauded of one penny of his rightful, income. The foundation of his title is as good as, (hat of any proprietor in the kingdom. It rests on the law of the land ; but beyond what the law of .the land entitles him to demand, he ought to be resisted as strenuously and resolutely as any other. unlawful claimant. With respect to the' tithe question in St. Botolph's, it appears that Withiq a few years the lay impropriator has faised his demands on the parishioners tenfold. In 1805 'he redeemed the land-tax on his tithes at (lie rate of 3501. per annum, and he now en deavours to exact nearly 5,000/. in the London diviston alone. 'MS ancestor, who purchased the iropropriation, and right of advowson together fur 11,4101. offered to sell theta to the parish fur a perpetual annuity of 50Q guineas. At that time the amount of tithes collected in both divisions was is than '6001., and for many years it did not, exceed that sum. That do we infer from these N e t s ? Th a t none of the predecessors of the present irripropriator (with the excep tion, perhaps, of his father, who, we be lieve, made some increase In his demands in 1804) supposed that they had any colour of right by law to exact one farthing more than they re ceived. Men are generally sharp-sighted enough in matters relating to their revenue. Downwards from Kiug James the First to the year 180-4, a s space including two centuries, none of the lay impropriators pretended that the statute of Henry VIII. was valid. At the period of the Revolution, some or the. ClergY pUblicly lamented that the non-enrolment.of the decree had deprived them of its ad vantages. Confessed ly and notoriously no right existed, on the part of the tithe. owners, to compel the payments fixed by the decree. The fact of non-enrolment has, however, been pleaded' by the parishioners in the suit now pend ing, and the question will, therefore, be settled by authority. The conduct of Mr. Kynaston towards the parishioners has been harsh and re pulsive. He has rejected all overtures for an amicable adjustment, and insists upon exacting all that the strict letter of the law will warrant him in enforcing. This .course has been always successful hitherto.with individuals. Each one judged it a less evil to submit to the growing demands of the impropriator, than to incur the ruinous expense of an equity suit ; but now the parishioners are firmly united s and we have no doubt that they will be, as they - ought to be, successful. if they fail in Court, which we do not expect, we would counsel. them to appeal in Parliament, and they will hive relief. [THE PUBLIC t,EnnEtt.) The Paris 'papers which arrived yesterday, keep up the controversy respecting the evacua tion of Spain by the French. All the Opposition Journals maintain that the matter is not yet finally settled ; whilst the Eloile, which claims superiority of intelligence on account of its connection with the Ministers, continues to support the opposite opinion. The mean time, the Moniteur observes a strict neutrality be tween the disputants ; though, a few days sincp, it spok e in, the sense of th e Those Papers, however, which pretend that the original arrangements have been modi fied at the solicitation of the Spanish Govern ment, admit that this favour was the price of concessions offered on its part. Should these as. SUraliCeS prove. Correct, which the Mode denies, yet they would acquit the French Government of vacillation, as it threatened in the first in. stance to Withdra w its troops only In case of Ferdinand refusing to comply with its demands. That, an attempt has heen made to delay the evacuation is probable ; but whether it will succeed is matter of great doubt. It would even seem that negociations are at this mo ment pending on the subject, in which probably all the Great Powers take a part ; which woul►l account for the uncertainty in , which the question is still involved, and explain the silence of the French Cabinet. \%e have here, perhaps; a clue to the frequent Cabinet Meetings that have been recently held in this country ; but, be this as it may, France seems to urge in a peremptory manner, compliance with her demands; and there fore the Spanish Monarch is left only thealternative of complying, or of being abandoned to the rage of the Constitutionalists. In either case it is almost certain that sound principles would finally triumph ; for, should Ferdina►dl yield, it would be a victory over his bad passions ; and, if he prove refractory, he will, sooner or later, become the victim of his tyrannical propensities. [MORNING POST.] It is an abuse -of terms, for the Cath(Ale Asso ciation to pretend that civil liberty in any shape, or under any circumstances, is the object of its proceedings. —ln this respect the Irish rebels of 1798 were demi-gods , com pared with the Popish incendiaries of the present day. It should never be lost sight of by those who would justly understand the history of Ireland, during the latter part of the last cen tury, and during the current quarter of this century, that the principles and views of the leading characters in the two periods have been diametrically opposite. Up to the passing of the Act of Union, the Roman Catholics were, as they deserved to be, blind passive instruments in the hands of bold enthusiasts in the cause of free dom, who, however mistaken their purpose, were sincere friends of civil and religious to leration ; and even in their efforts at revo. lutiop, dreaded nothing so much as the super stitious ignorance of the Popish multitude, and the treacherous intrigues of the Popish Clergy. Nay, it is a fact on record, that the insurrection of 1798 would have been a thousand times more formidable, if the Presbyterians of Ulster and such of the Protestants in the other part of the country as at first fell within its vortex, had not become terrified and disgusted with the stupid, savage, and blood-thirsty bigotry of the Papists. Since the Union every thing like disaffection (with a single melancholy excep tion) has accordingly been confined to the Irish Roman Catholics; and until now, that their Priests have partially emitted before the Public the vulgar, viperous rancour concen trated in their hearts, those sleek and snakish knaves have been the secret instigators aml abettors of the several rebellions irruptions that have appeared in the Sister Country. Hence tile detestable appalling characteristics of the Ca tholic Association, Let us grant, for argument sake, that one of the evident objects of that Body, the separation of Ireland from England, were in the abstract desirable (a proposition be got by Irish b lisi e equallyignorant prideul,stile, as we are at this prejudice), still we should moment, to the accomplishment of such an en d by so every Jaen-ions a means. What stomped step of the French Revolution with atrocity, and poured streams of blood into the interstices of the dreadful events of that epoch ? The raging AM.. deism (irreligious, nay atheistical we admit), of a wild mob, as blind idolutors of the nigh Priests of a bloody creed as the Irish multitudes are now of their equally iniquitous but still more subtle Clergy. For these reasons, were it possible that we could approve of the political, or we will say the patriotic, &signs* of the Catholic Association, we s hould abominate the monstrous league and covenant it has made with the Ramis!) Priest hood, and therefole strain every nerve to tread out to the last spark the embers of its existence. TIIE KING AND TILE FINE ARTS.-OUE gra cipus Sotereigtys patronage of th e Fi ne A rts , an d hi s mu nificent liberality to various professors of them, are generally known and appreciated. The purchase of a picture left by the late Mr. liwss, ' for no less a sum than 1,500/. was a splendid instance of the Royal benevolence, and we venture to relate a more recent one. While Earl Whitworth was Lord Lieutenant of Ireland, the Duchess of' Dorset re quested his Majesty (then Princ e R egent ) wou ld graciously favour her with his portrait, which the King acceded to, and Mr. Owen (the artist) was summoned to Carlton House; hut it being inconvenient for the King at that time to sit for his pie ture, a capital one, by Sir Wm. Beechey, we believe, was given to Mr. Owen, with directions to copy it carefully. Mr. Owen immediately set another artist about the preparatory part of it, and had already paid him 401. or 501. on account, when the Duchess qf Dorset arrived in town from Ireland, and called to see what progress was made in the portrait. On learning that it was to be only a copy, her Grace declined it altogether, and the picture remained upon Mr. Owen's hands. For sonic time past Owen has been incapable of following his profession from severe illness: his finances have in conse quence been much reduced. Speaking one day lately to a friend on the subject, he mentioned his loss by the plc ture above alluded to. "Ts the King aware of it ?" asked 'his friend. " No," said Owen; "it was never finished."— " No matter; contrive to inform his Majesty of the dream stance, and rely upon it you will be remunerated." Owen followed his friend's advice, and respectfully acquainted the King by letter of the particulars we have just detailed.— On the next day but one he received a reply from Sir William Knighton, by command of his Majesty, expressive of the King's regret at having forgotten the matter, and at the distress of Mr. Owen, desiring that the picture might be sent in its present state to Carlton House, pnd inclosing a cheque for 200 guineas ANTI4TJITIES.-4n the course of last week, as some labourers, iu the employ of F. E. Morrice, Esq. were trenching land for planting in the neighbourhood of Besthanger, they dug HP a large urn filled with ashes, and the remains of burnt boner; and on another spot, above a quarter of a mile distant, two smaller urns of the same description placed side by side, and not above eight een i nc h e s below the sur face of the ground. One of the smaller ones only was pr eserve d ent i re ; t h e l arge r, which we first dis covere d , having been unfortunately much broken by t h e men . Th e f ragm ents, and a great part of its contents, were, however, after wards collected. Avery large quantity of ashes, and the remains of bones, had previously been dug up nearly half a mile off iii another direc tiou.—(Kent Gazette.) The Greek women of the Crimea are perhaps the most induArious housewives upon earth, and entirely the slaves of the family. Their cookery is simple and wholesome. They have no desire to g o abroad ; if the employments of the house permit of their sitting down for a short time, they begin to spin or wind cotton. The men ure for the most part absorbed in mercenary speculations, but the women are gentle, humane, obliging, and deserving of the highest praise. LAW INTELLIGENCE. COURT OF CHANCERY, DEc. 9. WILLOUGHBY V. EARL GROSVENOR. The SOLICITOR-GENERAL made a motion to dissolve the injunction which was granted a short time since to restrain the noble defendant from entering up judgment on a warrant of attorney, which had been given by the plaintiff by way of se curity for the occupation of the Royal Hotel, Chester. The plaintiff having made' his fame as a good tavern-keeper at Highbury-barn, and being duly recommended to the Noble Earl, was let into possession in December, 1819. The agent of Lord Grosvenor, a Mr. Crossby, was charged in the bill of in junction with making wrong and ungrounded representations as to the posting and other branches of the business of the inn, by which expectations were raised in the plaintiff's mind,which induced him to close the bargain with more eagerness and upon different terms from those to which he would otherwise have acceded. All . these allegations were very positively denied by the several parties concerned. At the end of a year, Mr. Wil loughby found hiniwlf incapable of making good the first in. stalment of the money due upon the lease, the appraised value of the, fixtures, together with the rent. Without making any complaint against his bargain, Mr. Willoughby proposed a mortgage to secure the Noble Earl, to which was added the power of attorney, with un'Understanding that it was only to be used by way of security for principal, interest, and rent: At the last quarter-day there was due for rent (at 450/. a year),' purchase-money, and interest, more than 6,0001. His Lord ship was about to enter up judgment, but was restrained by the injunction of the Court, which it was the object of the motion to dissolve. The Loan CITANCELLOR said, that in granting the motion exparte, he had done it with this view. Ile had passed over all the allegations concerning the posting business and the bad ness of the contract, because it was strange to think of a roan holding possession of an inn for five years, and then coming to the Court fur release from the Contract upon circumstances which existed at the first commencement. his Lordship had therefore left . that part of the case, as one which was likely to be answered in the argument upon showing cause against the motion. But it did appear upon the documents, that the power of attorney.was obtained from Mr. Willoughby, with an under standing that the only use which would be made of it would be that of enforcing the fulfilment of the covenants of the agree ment. Now there was considerable money due to Lord Gros . venor upon this agreement, upon which it was available for his Lordship to have entered up judgment on the power of attorney. Instead of which, as it was represented to the Court, the first step taken was to give. Mr.. Willoughby notice to quit, whereas there was an agreement in the lease for the mode of appraising and settlement, which were to be adopted in case of Mr. Wil loughby letting the inn to another tenant, or giving it up to Lord GrosvenOr. But as things stood at present, I%lr. Wil loughby was put in:a situation by which he could not hold the property with any advantage to himself or any body else ; and this appeared to be a mo d e of using the power of attorney, which was always a g o o d secur ity f or L or d Grosvenor for the payment of money and the fulfilment of the covenants, not at all warranted by the terms and understanding . wherewith it was first given. He had accordingly granted the injunction ex-parte, on condition of Mr. Willoughby paying into Court all the arrears due to Lord Grosvenor, thinking that the argument being conducted under those circumstances would lead to a de cision of the question as to what right Lord Grosvenor had in regard to the use of the power of attorney, apart from the no tion of security for the fulfilment of covenants : and then, sup posing those covenants either fulfilled or secured, what powers were left him by the lease and agreement as to ejecting Mr. Willoughby. Mr. HouNE followed the Solicitor-General.—Further argu ment to-morrow. VICE-CHANCELLOR'S COURT, Dr.c. 9. EX-PARTE YOUNGMAN, A BANKRUPT. Mr. CUING moved upon the petition of the bankrupt, that the proceedings of the Commissioners in the commission awarded against him should be stayed, and that the execution of a warrant which had been issued for his apprehension should be suspended. The affidavit stated, that the petitioner having been declared bankrupt, under a commission issued in the early part of 1821, had applied, in 1022, to have that commission superseded. Upon that occasion his Honour the Vice-Chancel lor pronounced an order staying the proceedings under the com- Mission, and directing an inquiry. This order was never drawn up, the bankrupt conceiving that he was not the person bene fitted•by it, and that therefore it was fOr his opponents to avail themselves ofit, which they could only do by drawing it up and serving a copy on him. The business of the commission had remained in total suspension from the time of his Honour's pronouncing the order until very recently, when the Commis sioners ordered a Meeting, and summoned the p9titio. ^r to surrender. Ile declined to do so, because the inquiry directed by the Viee-Chancellor had not been made, and the order there fore not complied with. The Conimissioners, in consequence of his refusal to obey their summons, issued a warrant, which was now in the hands of the officer, and by virtue of which the bankrupt was in imminent dan g e r o f being apprehended. Upon' these grounds he applied to the Court for its protection. The VICE7CUANCELLOIL said, the bankrupt, whatever might be the Merits of his case, had been guilty of too flagrant a neglect in not drawing; up the order, to entitle himself to the protection he sought. Ile had suflereil two years to elapse, dur ing which he had. taken no steps to convince the Court of the truth of that case which he had represented to them. There was not kshadow of pretence, therefore, for the application.— The bankrupt must abide, by the consequences of his own su pineness. COURT OF KING'S BEisrcir, DEC. - - (Before 111 r Justice LIT - 1 -: I7EIPAL — E --- (in;I ii . Cononon' Jury.) WILSON V. IIAWLIN!3! penet p 1 the leatlings. This was an action brought by the plaintiff against the defendant to recover a compensation in damages for the injury and annoyance he sustained from the defendant's carrying on the business of a blacksmith in his immediate neighbourhood. The defendant pleaded " not guilty," and on that point issue was joined. Mr. u TM ir stated the case to the Jury, and the circum stances of it were shortly these. The plaintiff and defendant both live in Ebury-square, Pimlico, the first in No. 15, and the other in No. 16. Shortly a ft er the plaintif f had taken posses sion of his house, the defendant took possession of the house adjoining, and erected in the yard of it a forge, where he car ried on the business of a blacksmith. This occasioned great smoke and noise ; but in consequence of some alterations which had been made on the premises by the defendant since the com mencement of this action, the nuisance arising from the smoke had been abated, though that arising from the noise stilt re mained. The Learned Counsel said that he should call wit nesses to describe the nature of the noise, and he had no doubt that when their statements had been heard, the Jury would see the propriety of returning a verdict for the plaintiff. Three or four witnesses were then called, who described the noise to be intolerable. One of them was a servant to the plain ! tiff. She stated that the noise of hammers and anvils was in cessant, from six o'clock in the morning till seven at night. On her cross-examination, she admitted that the smoke was much worse than the noise, but that the noise, bad as it was, never woke her when asleep. - Miss Bond, who had been • a weekly lodger with her master for the last four months, had not intimated to her any intention of giving up her lodgings on ac count of the nuisance complained of. 'Another of the witnesses was the occupier of the house No. 17 ; he swore that the noise made in the defendant's shop was sufficient to shake the very earth from its foundation; but on his cross-examination admitted, that it had not been sufficient to shake his lodgers from the apartments they rented under him. Mr. SCARLETT contended that even on the.plainti ff "s show ing there was no nuisance of which he had a right to complain. He would, however, prove to them, not only that the noise, of which the plaintiecomplained, was not great, but also that lie did not carry on the business of a blacksmith. Ills client WWI a whitesmith, and therefore did not make' any thing like the noise in the world that a blacksmith does. It was therefore quite absurd to expect that the plaintiff should run away with their verdict. Several witnesses wore called, who supported Mr. Scarlett's statement. After a reply from Mr.Gu nwrfr, Mr. Justice LITT LEDAL to r summed up the conflicting evidence in the case , and orlefyit find a verdict for the plaintiff ; but y amountt the Jury to to whether . the f n t o g e y complained o o o ff opinion d ii ofido ni d e t i eillwante were did, they would o th f j o nu n dro t y h o r a t .et returned r d n i not, ed d ave t r di lien ctfo ttheyhe defendan t .verdict for r COTTRT OP COMMON PLEAS, Dr.c. 9. (Sittings in London, bejbrc Lord Chief Justice BEST and" a Common Jury.) 11.111RATT AND ANOTIIEU V. COLLIES. • This was an action brought by the plaindfni, Mr. Barran and Mr. Hodsoll, against the defendant, an attorney, for ma liciously holding them to hail. The plaintiff's resided near Darttbrd, in Kent ; and in their capacity or assignees in the matter of Cowell, a bankrupt, they employed the &fondant to prosecute an action against one Mr. Bugden. They after wards changed him for Mr. Davies, their e npreent attorney in this action. Mr. Collins considered himself ot handsomely treated, and sent in his bill of costs, which amounted to MI. This bill was taxed, and the Master struck A . M. His rea son for doing this was, that the practice is not to tax the bill as between the attorney and the assignees, but between the assignees and the estate; and there might be several items which the attorney could recover from the plaintiff's in their i n dividual capacity, but not as assignees. Mr. Collins ar. rested the plaintiff's for the 601. The Sheriff's-officer prey ed that the arrest did not put them to the least inconvenience, for he suffered them to go at large upon each other's bail. They executed a bail-bond, the expense of which was three guineas, and this Mr. Hodson paid. It appeared from this witnesses testimony, that he had more than once arrested Mr. Hodson, with whom he kept a running account (laughter) and that Mr Collins had frequently passed his word for Hod soil, on these occasions. The plaintiffs owed Mr. Collins a small sum of 51. odd (a private debt), which sum they paid into Court; and which Mr. Collins took out of Court. The expenses of the application was 131. some shillings. There were some bills between the parti e s, and the. plaintiffs thought that as Mr. Collins had taken the money out of Court, he had thereby taken , it as a set-off for his bill, and was not justified in holding them to bail without probable cause. Mr. Serjeant YELL was for the plaintiffs; and kr. Serjeant Va uGuAW and Mr. Serjeant WILDE for the defendant. The Lbttp CHIEF 3 tisTICE summed up. While the Jury were consulting their Veidict .l‘plror.v6Stherjaet theiait Vaughan asked his Lordship ' for liberty to a m i o To v ih e ne tfod Loitn o CHIEF r al a n i a g i on the ground that there was no evidence to Plaintlifs Were not partners, and had not suffered JUSTICE said that he would not noroit On that point. Mr. flodsoll had paid three guineas for the bail bond, not for himself alone, but for both. That was thee* damage which had been proved, and that was jointly. Mr. Serjeant WYLDE submitted that the allegation on the record specified damage jointly, but there had been no evidence to substantiate that. The LORD CHIEF J usricE again said that he would not nonsuit on that point. Mr. Serjeant-VALIGIIAN then said that he would tender a bill of exceptions. The LORD CHIEF JUSTlCE.—Very.well ; tender your bill of exceptions before the Court rises, and will seal it. Mr. Serjeant Vsuoilasr—My Lord, that is Impossible. cannot perform impossibilities. The LORD CHIEF Ju ST IGE—I will have a bill of except lions before I go. I will retire to my private room till you draw it up. The Jury here returned a verdict for the plaintiff—damages, 20/. Mr. Sergeant VAUGHAN bad sat down to write his objec• tiona, and now read them to the Court. The Loftus CHIEF JUSTICE then said, very well; • now state the facts, and draw up-your bill of exceptions. Mr. Sergeant VAUGHAN- again said, it was impossible for - hiro to do it before the Court rose, without assistance. The LORD CHIEF JUST.ICE said, that the Court might be as well employed in waiting fOr bhp as otherwise. Six months ago, a bill of exceptions had bean tendered, but he had waited for it ever since in vain such practice was most prejntlicial to the interests of the public, and he would not allow it to be con. tinued. His Lordship here left the Court for a sh ort time. On his return he observed, that these discussions were the cause of great evil, and he would not allow them in future. Mr. Sergeant PELL here interposed and said, that as far ae he was concerned for the plaintiffs, he would obv iate the pre: sent difficulty, by pledging himself not to start any technical . objections whatever, when the motion for a n onsuit should be made befo the Court. Mr. Sergree VAUGHAN exressed himsel f perfectly satis. fied ; but he s n ubmitted that there was probable CallSe of arrest. The Loan CtriEr JUSTICE—Good God! But —hut — you speak of probable cause of arrest, and be fore you objectel on the ground of their ueiog no joint damage as well as Ina, lice— • Mr. Sergeant WYLDE said, that the probable cause of arrest • implied that there was no malice. As to the joint damage---- The Loan Cum* JUSTICE on the suggestion of 111 r. Set; gcant Pell, was going to ask the Jury whether the damage ine w e s jointly or singly—whether Mr. Hodson paid the three gua for M himself, or wheer it was for both ? r. Sergeant WYLDE objected to this question 'after L el: Jury had returned their verdict, and because his LorthgtiP . st. question. found just asked a witness what difference the experite of the ta lc wade in the amount. the T w h i e la tur n y lo co ne n y si i d la er d ed ,be f e o n r a pa m id inu fo t r e, b a o n th d , s: li i d d Loan CHIEF JUSTICZ said that lie would !nit the was jointly sustained. • to shrink from giving his opinion at once on a case, as it nil Tile LORD CHM? JUSTICE said that lie was ansious.nft be the means of preventing parties front moving for new t rial-' which saved great expenee. Some further warm conversation ensued, after which. no The Loan CHIEF JUSTICE said that hew ania t' 3 l : tip b t more altercation. The Learned Sergeant (Vaughan). choose which plan lie pleased, either to tender his bill of • lions, or to move the Court afterwards. Mr. Sergeant VAuolt.tN said he was ieady to do ei ther ' Some further observations were made, and t', we, The Loan CHIEF JUSTICE asked Mr. Sergeant • ' - ' n 'abirri • Mr. Sergeant Bosanquct, and Mr. Sergeant Pell, to' tte in his private room. bout ten that t t ththecydaifonuagend The Learned Sergeants went, and after remaining a minutes, they all returned into Court. ills Lordship then V' ceeded to try another cause of no public interest. .............+...................... COVENANTERS Bosnts.---In a mortass nearly g miles east of Kilsyth, there have lately b hicheen disco the - vered a great many human bones, w , from antiseptic quality of the moss, a e in theentleman i highest state of preservation. A medical g the neighbourhood carried away no fewer than five perfect skulls • an d on Wednesday l ast a pat)" 9 ma n from Falkirk turned up two femoral bones with an entire pelvis. There can be little doub t that these are the remains of some of the Cove' nan ters who fell at the battle of Kilsy ie th in 1645, when the army com manded by Gen. Bail oarse w as complesely routed by the Mar q uis Of Nimmo, in his History of Stirlingshire, remarks, that while the cavalry of the etCovenaners .ifero now runs), and there perished, Ina retreating, many of them rode into or Bog (a morass through which the Great Canal whole skeletons, both o f me a and horses,had bee dug out in the memory of persons then alive.-- (Edinburgh Observer.) - - .I that seversr! yesterday afternoon, n N a t 4 2 t he tE sjc.l7iteArfartirTnagyetireng,tll:::::n fribi/lelfoinnt; on the body of William Ings, aged 91 years, who only On day evening last, while going across a bridge over the 11 , e6 Tial Canal, near Air. Warburton 's Mact.house, mistook hr o r n t h; anti fell from the bridge down an extensive preciP ice Verdict,—" A cciental Death." of a l it tle porter at Lincoln Castle wa s n o f a - surprised on Friday at the re-appearance of one of the P m ad whose escape we mentioned last week ; the man retitle, bee n mittanee, and surrendered himself, having, as he Ojai ho p. home to see bis wife and. faunily. Ile is charged With s stealing. At oruce.grove, Tottenh il at i n a , T IL L' oseph Fle ° - - SVilliam Timothy CurtiR, M:RRIEI ) . - roil, Aumont), to Mademoiselle Bq E " ll7 u :b w e l th b e y On the 4th inst., at the British •AmbaLeadorN ehaPel at , ° Paris. Charles WO" On Tuesday last, at Fulham church; the Bev. r j o bn ley, of Erompton-square, to Eliza , eldest daught er t) * r Skelton, Esq.. of Hammersmith. , 1 ;ger, 0 ' On the ail inst., at Clapham church Mr. T. b• . I ' 2 '; Gist Clapham-common, to Miss Catherinelt ay f " 1 " , ..ay e f ham-mad. ~ co ot On Trsday, the 2d inst., at Wyton, Hunts, John r en , lie- Esq.. son of the late Rev. Mr. Peacock. of Hartford, I,w, becca, only daughter of Mr. James Mott, of the Man° r ' bu Wpm On the same d marsh, of vb unpoie, Cambridgeshire. .. r . ay, Mr. Prime, of Eversden, to 30 0 litcl" Sophie pAatument,oriliti:Not, DIED On the 2tl inst., at his house, the Moor, Herefordshj r° ' .I°4 Lloyd Harris, Esq., barrister at law. On Monday bud, at Balby, near Doncaster, „ ster, Esq., aged 80. vise, On Monday, the 6th inst., at Purleigh Rectal , A.. 1; Frances, the wife of the Rev. Robert Francis IVAikeitionheis" • t , er agedof John r,7, L a r t n g i e t o i na s xd ic q n • apern On airse'l d d i e e s ;th da i:t h . Clerkenwell :10 -ja Pg.oteet' 1— e sVXs Printed and Published for the PROPRISTOIO. at lb „ c OrrzcE, No. 112, strand, by J. B. CA11$1"13-