The Sun. — London, England, 1824-11-13 00:00:00

.FRENCII PAPERS. Frotrythe Moniteur of Wednesday, Nos. 10.) 'MUNICH, OCT. 30.—The King set out for Wierma yesterday morning : the Queen sets out to-day with the Princesses Sophia, Maria, and .Loeisa. • (From the Brune of Thursday. Nov. 11.) MisSOLoNGIII, SEPT. 21.—The following is the 'new Manifesto of the Greek Government : " PROVISIONAL GOVERNMENT OF GREECE. 4.2ruE PRESIDE-NT OF -rue EVECUTIVE POWER. " The- Greek Government, having no other, rare than the,. preservation of the Greek nation, wishing to avoid every thing that may lead to its destruction, published, on the information it had received, the Proclamation of the 27th of May, hich concerned the European merchant-ships which were freighted at Constantinople and Alex andria to convey the enemy's troops to Greece. But the Government having' learned that the said vessels do not convey the • enemy's troops, but warlike stores, provisions,' &c., and as the Greek - . Government takes care that neutrality and the laws of nations are observed in commerce with all possible precision, and as far as the rights of war permit, it hereby orders— Eeropean vessels freighted by the ene my, to convey arms, ammunition, horses, pro visions, and tiny other articles for the use of the *enemy, are subject to the laws of neutrality, and shall he treated by our' naval forces' according to the usages existing under similar circumstances among , the Elropean Powers. 64 2. The present Ordinance shall be commu liseated to the A dinirals of the Greek naval force, and published in Aim Government Gazette. C!opies shall be sent to all the Consuls, Vice- Consuls, and agents of the European Powers who are In the , Mehipelngo. 4. Napoli di Romania ; Aug. 1!1;182.1. (Signed) " The President, G. CONDURIOTTE. " The'Provisiotial Secretary of State, 0. lt 110 MUS." NAPOI.I DI RoHANiA, SEPT. 20.—Those jour eals which are favourable -to the cause of the Turks have seized with satisfaction the rumours of the diTerence between" the Government of Great Britain -and the rising Government of Greece relative to neutral vessels, in order to spread a thousand unfavourable reports with re -110.0 to the latter ;Power. The Austrian Ob server frequently returns to this subject, giving us at the surot,^tirne its Own wishes,and desires on this pretended news. When last it referred to this etrair, it pretended that Sir Frederick Adam went to Napoli •di Romania for the purpose of • obliging, by his menaces, the Greek Government to revoke its declaration to the 27th of May, and that the English naval force in the Mediterra nears accompanied him there, that, by its pre sence, it might aid the threats of Sir Fredesick. These rumours are, however, all false. Sir Frederick Adam's voyage was confined to the course which the Governor-General of the lonian Islands snakes unneally : and he did not go further than Cerigo, without at all touching • on the coast of Greece. Even had he gone to the capital, it could not have been for the pur pose of oxpostniatitig, as the Greek Government had already repleced the declaration of 27th of May by another of the 27th of August—that,is,, ten days before the English decree of the'', 64k of September which preceded the de parture of Sir Frederick from Corfu. And yet the duslrian Observer, in its last accounts, endeavours - to make it appear that the said last act of the Greeks was only published on . the 15th of September. But the document itself, hich we publish (See above), contradicts the Vienna journalist. It was published in the Creek official Journal L'Aini de la Loi, of the . 10th of A ugust.—(Consiiiutionnel.) Pauli,. Nov. 10---An English courier passed through Bucharest on the 16th of October, who had left Constantinople on the 10th. Since then it is reported that Lord Strangford will return over land, and pass through Wall a chia. Lord Granville, the British Ambassador to the Court of the Netherlands„ tied his audience of leeve on the 6th ; and after :waiting on Prince Frederick, set out for Paris. Pux:sott P sl E ns, PARIS, Nor. 10.--Five per Cents opened at 101. 60. ; closed at 101. 65.—flank Stock, 1,007. TA—Nea politan Itentex, Wl—Spanish ditto, in.Exobange on London, unastionth, 26. ; three ditto, 24. 05.—( Coors iluthentivies.) Extract of a letter received by the Agents at ' A Ivarado, from CuAttr.rs M CKHNZ F., Esq. BO • till Consul for Vera Cruz, dated Jalapa, August In consequence of Gen. Leitiour claiming the right 01 - levying duties on vessels entering the Bay of Sacrificios, I have applied to Vice-Ad •miral Halstead for a British ship of war to he constantly on the coast ; but as I am not yet est are how far such an arrangement may be prac ticable, beg that you will 'state to the Com •mittee at Lloyd's, that it will he desirable so long -. as the port of Vera Cruz remains in its present: condition, that no British• merchant vessel should resort to it, but that they should rather avail them selves of the part of A I varado, where all (he neces sary official arrangements have been mode. Should, however, nay case arise, in which either the . draught of water or any other circumstances render it necessary for a vessel to anchor at Sucriticios, I beg to, recommend the southern entrance •to that anchorage, by which she would avoid being at any time within the range of the guns of the castle of St. Juan tie Some very curious pieces of tapestry, repre senting some of the -cartoons of ItAPUAEL I and formerly constituting an ornament of one of our Royal Palaces, have been lately purchased in Madrid, by an-English merchant, and forwarded to -this country.. They are • nine in number, acid the suhjects represented as follows ;.----The miroculoux draught of fishes ; -St.:Peter curing the hinU%; - -St. Pool and St. Barnabas in Listria ; the magician Violas struck blind ; St. Paul preaching .at-Athens ; Christ giving the keys of St. Peter; the death otAnanias and Saphirai . the death of St. Stephen;- the consersion of St. Paul. These ?omits of art were purchased from the . Doke or Alba, to which family they have belong - ed since the year having devolved to them upon the death of the Marquis del Carpio, who purchased them in .Bnglandits the year 1649, at 4tublia sale of the etfects , of Charles. l. They were ...made at, Brussels (iring the - reign of LeolL., l froisette original .cartoons. LAW INTELLIGENCE. COURT OP CHANCERY, Nov. 12. TN BE SIR GREGORY, PAGE TURNER, A LUNATIC. Mr. Pnll.r.istonx applied, on behalf of the Committee, for permission to defend an action at law on behalf of .the lunatic, who is sued by one Abbot on a bill of exchange, drawn by one Tomkinson. ~The Found of their - defence was « no consideration." The LORD CDANCr.LLOR was sorry that he could not secure the Committee indemnity for the costs, which would make his permission of very little value. He had no dOubt of the pro priety of the defence proposed ; but there had been leave given to traverse the Inquisition of lunacy. The verdict of another Jury might take the whole case out of thekirisdiction, althOuh no steps. had yet been taken towards a traverse. If there sho uld be proceedings, arid if the JUry shoifkl, find the petitioner to be of sound mind, it, would not be in his Lordship's power to in demnify the Committee fel: expences of the nature of this action. Ile was reminded by this of the necessity which there appeared to him to he of an early . .application . to the lsegislature for some provisional enactment .for. the safe administration of the estate of a lunatic, and for giyiug sufficient security and indemnity to the acts of the Committee when placed in this ambiguous and uncertain situation. . The rest of the morning, till. one o'clock, was taken up with proceedings in bankruptcy, of no pikhlic interest, and at that hour the Court rose. , • COURT OF KING'S , BENCH, N0v.12. BRADLEY V. AI/THUR. At the sitting of the Court the ,bonn CHIEF JUSTICE asked Mr. Attorney General if he were now prepared to answer the question put to him yesterday, namely, whether he had any objection to have this question brought before the Court on a special case. The A vronweY GENERAL—My Lord,' I can see no ground for consenting to have this brought before the Court on a special CBS& LORD CmET .luterfer.' —Then Mr. Brougham must re sume his argument. Mr. Bnouottam—He thought it right to inform the Court that he admitted that the Crown could give to any person a mili tary comtnand whether he was a military man or a civilian, and that a person receiving such a command from the Crown would not by the fact of his being placed on half pay, if he were a military man, in consequence of a reduction of the regiment in which lie had held -a regimental commission, cease to have military command ; neither did he mean to'deny that the Civil Governor of a Colony had authority to take measures for the de fence of that Colony: but what he meant to contend was, thathe must appear in the capacity-of a Civil Governor, and take mea sures for the defence of the Colony through the medium of the cmnmanding officerof the troops ; that was, lie was to have nothing to do with military taffies—with the mustering of men—or with sitting on Courts Illartial. It had been urged that the appoint ment to the Civil Superintendentship of the Colony virtually con ferred supreme military command of the forces in the Colony. Now how stood the fact in the Settlement of Honduras ? The first Civil Superintendent of the Colony was a civilian ; had no pretensions to the character of a military man • was neither an officer on full or half pay, but to all intents an di purposes a ci vilian. That _person never exercised military command. In deed he could not fora single moment hare thought that the ' civil appoinutaint which he held gave bins military command. The only way in which a Civil Superintendent could claim mi litary command was, when it happened that be, being a mill. tary man, was the senior military officer .in the Colony, and -then he would be entitled to exercise supreme civil and military command. In Colonel Arthur's own -case this doctrine was acknowkslted. When he was first appointed Civil Superin wildest, Colonel Smith, his senior military officer, who was then in the Colony, exercised supreme military command, and after his departure from the Colony, Colonel Massey com manded the troops for five months. The Lon D CHIEF J trr E—l don't know, Mr. Brougham, how we can take these facts Into consideration upon the present motion, when no evidence of them uppeared.,at the trial. Mr. BROM/MM.—He rested much of this argument upon matters of history, and he wished by those references to illus. trate the boundaries between military and civil authority. He in the first place laid it down as an undeniable position, that a person rot subject to martial law could not exercise any direct command over the King's troops ; and that a person holding a Commission, Living► him civil rank only, could not by any lin. 'plication be liable to martial law. Colonel Bradley had no election; he was bound to take upon him the command, if Co lonel Arthur, as he (Mr. 13.) contended he was, were Colonel Bradley's inferior officer. If Colonel Bradley had not taken the command, he would have been guilty of an offence against the Articles of War, and would have been liable to be tried by a Court. Martial. Mr. Justice BAYLEY—If the defendant and plaintiff' were both on full pay, which would he the superior officer ? Mr. BROUGUAX—CoIoneI Arthur, undoubtedly, my bard; and whilst he was upon full pay, Col. Bradley never objected to his taking the command, because he knew him to be of a superior military rank. The absurdity of saying that a person not liable to bs tried by mart i a l l aw cou ld exerc i se m ilit a ry corn. mand, would be clear, front the fact that -a man bio situated Might commit some offence with impunity, because some acts which were considered offences by the military law were not offences by the civil law ; and, therefore,a person not liable,to martial law could not be tried at all. The Loan elitii.sl)Bl7cE—The Court is of opinion, that this uestion must be put in the shape o f a speci a l case, in or der to receive the fullest consideration upon view of the commissions granted by the Duke of Manchester and Genera Fuller. 1111011011 AW—And the regimental commissions of the . plaintiff and defendant, my Lord ? Mr. Justice BAYLEY—There can be no harm in that, if you , wish it. After some further discussion between the Learned Counsel on both sides, it was agreed that the question should be . put into the shape of a 'pedal case, of which the coenmiss►ons granted by the Duke of Manchester and General Fuller,and the regiMental commissions of the plaintiff and defendant, should tight a part. 4110 WAIIRANTO.-THE KING V. PHITPOTT. Mr. AvrottliET-GENf:ItAL , obtained a rule, calling upon the defendant to %hew cause why a criminal information, in the maitre of a Quo Warrunto, should not he filed, calling upon him to chew by what authority he claimed to hold the office of Mayor of the Borough of Monmouth. COURT OF COMMON PLEAS, Nov. 12. DAVIS V. THE BANK OF ENGLAND. Onr readers cannot fail to recollect that this important case was tried at Guildhall—that the Jury found a special verdict — and that the cue was subsequently argued before the Court of Common Pleas. Since that period, however, the present Ctcirr Jus 4 rtcE and Mr.-Justice 6AZELEE have taken their seats in this Court, and they wished, to hear the argument de nova, be fore they pronounced a judgnicnt. Tide day Mr. Serjeant Vaucinasr was heard on behalf of the plaintiff. lie commenced by stating, that the appointment of the Chief Justice and Mr. Justice Gazelee to seats in this Court caused a re.hearing of this Om. The object of the Bank of England was to prevent the plaintiff from recovering under the verdict ; and they objected to pay principally be cause the plaintiff' had known that a forgery was committed on the Bank ; whereas the Plaintiff' insisted upon recovering, be catte.the Bank, as lie insisted, must have known, if they had used due diligence, that his name had been forged to these in. struments, under which a considerable transfer of stock had taken place. It was said that in March, IBA, the plaintiffwas aware of the forgery, and that he concealed WO the .20th of September following; ..and it could not be denied that the Bank had no evidence of his adoption of that forgery, but by the alligamion of such concealment. No d ou b t the Court, in directing a second argument, must have been influenced, not only by the real state of the facts in the case, but by.the mo. meittous responsibility in which the Bank was involved, rather than by any difficulty in the application of the law to the pies. don. The question was one of general concern. Every . indi vidual, whether native or foreigner, who had money in our funds, was interested in it ; and if the dicislon in this case were tuiverse to the plaintiff; they must feel that property erulan , gered in proportion to the vast responsibility of . the Bank,— In fact when looking at the point morn particularly to be decided, he did not know in what decided cases the plaintiff 's right to recover could be impeached. It would be right here to state, that the form of the action was in Tort, for a breach or duty in the Bank transferring the plaintiff's stock without his authority. But suppose the Court to be of opinion that the stock of the plaintiff was not so transferred, still he had an in. disputable right of action against the Bank for refusing to pay the tlividencls waving on that stack. The Cur trivric E—The damage is stated in the second and fourth counts of the declaration. Mr. Serjeant Va G lieN —There were altogether live counts, that he would now altoge ttihieerlialisstemhifarwghicfhrilaiscionnstruidvereart,inatei.d The facts, however, sup plied two points for consideration ; namely, whether they were sustainable by the first and third or by the second and fourth counts. First then, werethe Bank guilty of an abuse of their duty in transferring the stock; and the next, were they justi fiabit in refusing to pay the dividend, supposing it not trans. f ere d ; and to decide that the Court would have to look at the relative duty of each party, in conjunction with the facts stated. The duty of the Bank, as to transfers of stock, was regulated by various Acts of Parliament, all agreeing as to their ditty in that ease. The plainti ff ' was confessedly the pro prietor of stock, And the Bank were precluded from raising the fit/CMllOa of what interest passed to him in his original transfer.' At the time this action eammeneed. they admitted the plaintiff's right to a sum of 10!. on stock, and 1781. in long annuities, on which he bad received the dividend. At the outset the Bank acknowledge him to be a proprietor of stock to a large amount ; and in common with every other stock-holder he had a decided right to this stock. What then were the duties of the defend. ants, and who were they ? They were a great public body—the agents of the public — of the plaintiff, as one of that public; .and they received a pecuniary consideration for their agency.— By scat. 31 Geo. 111. c. 34. sect. 3. the Bank were allowed to take above 400/. for the management of every million. The eitiEr JVSTICE—That sum has been since reduced ; but the principle of their being agents and receiving pecuniary consideration for their agency is the same. _ _ Mr. Serjeant Vaucttia . N..1-The argument was exactly the same, and if the agent were guilty, of negligence, he must make good the damage ; anti the law gave a right of action to that effect. It would be useless to discuss this principal further. The first vol. of Cornyn's Digest, article " Action to the Cane," was an authority on the point ; and, in later editions of that work, it was laid down m illustration of the principle, that an action on the case lay against the Bank for refusing to trans: fer stock. In the case of Dingley v. the Bank of England, an application was made to the Court of King's Bench tier a man damus to compel the Bank to make a transfer of stock ; but the Court there said, " No, you have a special action," which was saying, in other words, we never doubted if the Bank ne gligently discharged their duty, that they were Hot liable in an action to repair their wrong. A hook was specially provided at the Bank for the insertion of the names of the proprietors of stock. The CHIEF Jurricz.--They have credit In these books for the amounts invested. Mr. Serjcant Vnuoll A N.—The Act of Parliament directs, that a book of registry should be kept in the Accountant-Ge neral's office. The first of Geo. 111. regulates the precise method of transfer and mode of attestation, and the same lan guage was to be found in all the subsequent Acts upon the same subject. The party owning stock, or the agent authoriz ed to transfer stock, was to insert their several names before any transfer could take place, and the purchaser of the stock was also obliged to sign his name. Iletbre proceeding further in this case, he (the Learned Serjeant) did not know if any ques tion were to be raised as to the. -plaintiff being the legal owner of the stock. The CHIEF Jurrict.—lt would be In your favour still more if he did not accept the stock where the dividends were paid aft e r. _ _ _ Mr. Sergeant VAUGHAN—The party could only have had his stock by subscribing his name: mitt there was in the margin of the transfer " a recommendation to accept the stock." In the case of trustees, that was rarely acted on, and in many others, too, — Mr. Juatice PARK—There can be no doubt on that matter. Mr. Sergeant VAUGHAN—Was it not a violation of the duty of the bank to tranfer the stock ? The Eittt Er JUSTICE—But did the Bank transfer the stock ? They merely held the book to the party who transferred. Mr. Sergeant VAUGHAN—They permitted the transfer; and more, they registered the improper party as a proprietor. Mr. Justice Pane—And that brings us to the question, if in doing so they acted wrongfully ? Mr. Sergeant VAUGHAN—In the case of Sir Richard Sutton a. the Bank of England, the Court held they were guilty of ne gligence. so as to sustain an action for an unreasonable delay in transferring stock. The Cit tEr JusTicE—What became of that ease P Mr. Sergeant VAUGHAN —No motion was made upon it.— The sum recovered wal small, being the difference in the price of the funds at the period of demand to transfer and the actual transfer and he merely mentioned it as a principle which, if not recognized by the Bank, would no doubt have been long since resisted. Mr. Justice GazEr.rt—Tn that case the Bank sent a letter `to the wrong place, which caused more delay than was deemed actually necessary. It should not be forgotten, too, that the Bank was guarded in every way, and it was proper it should be so. The power of attorney was to remain a number of hours in their hands, and they were to judge of its genuine's, and make every necessary enquiry. The care and the discre tion were all confided to the Bank, not to the purchaser, anti the Bank, of course, was liable. If then, such was their duty, such their breach of it, and suchthe loss attending such breach— The CrtrEr..ittlericE—But there is still another point. Is the stock transferred? sFor if not, it is the duty of the Bank to pay the dividend. Mr. Sergeant Ira tteribtx—This, my Lord, was a forged in strument, and the interest cannot pass. We stated that the Bank refused to pay the dividends; suppose, then, that the defendants arc liable, the question next came to this—was the conduct of the plaintiff such as .to divest him of his legal re medy ? ,It,was said that six months had elapsed after the for gery was known to the plaintiff before he made the disclosure to the Itankl and on that all he would say was this—was there ever a moment in which a clear cause of action did not exist in the plaintiff'? And if that be so, the question came to this— was the cause of action so divested by other circumstances. The Cu 1E? J s'r e—A mum ing, for the sake ofark:ument, that the.ttock.stands in his name, is there any thing to divest him of his dividend ? Mr. Sergeant VATIGUAX—ReaIIy this, my Lord, renders all further argument unnecessary on my part. It is the root of the tree. Th e CsuET JurrlCE—Suppose I have an estate, a forged .conveyance takes it from meothat forgery is known to be a mitt prision of felony, but could I not afterwards sue for my rent ? Mr. Sergeant Vans:Haw—The title to the stock is indis putable.; the dividend is only an excrescence upon the stock, and therefore not disputable. The plaintiff might be hulloed, if guilty of any criminal act; but crimes and civil rights should not be thus confounded. If there were any assent here to the conduct of the felon, it amounted to compounding felony. But wouldit be any answer at a trial at th e Old Bailey, to say that a subsequent assent justified a previous forgery ? Certainly . not. The finding of the Jury in this case was by no means imperfect as to the assent; they found no assent, but merely a concealment. - This tmse, no . doubt, was of great magnitude to a public body, who are so often liable to be imposed upon ; but it was much fitter that the responsibility should lie on them, than on an individgal. After what had fell from the Court, he felt he need say no more ; and trusting that he had fulfilled his duty to his client, he should wait to hear what was urged by the other side, satisfied that the verdict would not be disturbed. Mr. Sergeant TADDY, for the Dank, contended that the tic don in this case was not brought for refusing the transfers, but Ihr permitting the transfer to be made by some unauthorised person ; that the stock was lost thereby to the plaintiff; and then the declaration thus concludes--" by means whereof the plaintiff has been deprived of his stock." It would be suffi cient for this day's argument to say, that the facts of the case did not chew that any stock was lost, in consequence of such an unauthorised transfer. The stock was never demanded by the plaintiff —no refusal to give it was set forth or proved ; the allegations In the first and third counts were that stock was lost, but those were not supported either in law or in fact. It would be an improper conclusion of law to say .t stock was lost ; and, Infart, there was nothing by which thasCourt could see that the stock did not belong to the plaintiff: Ilis only demand was for the dividends. Jus.r lc H—Vou appear to argue on the first and third counts . but the second and fourth assume that stock was standing in his name. Mr. Sergeant 'FADDY—Hp was not going to chew that the stock was lost ; and as to the transfer there were no means of »hewing what its effect might be. Mr. Justice GaiEL . KE—You appear to say that no damage appears under the first and third counts—that is to say, special damage. Mr. Serjeant TAMPI—So. It was for the other side to prove any and what damage, by such unauthorised transfer. Mr. Justice Bullitolloll—Could you divrove any damage if necessary ? The breach assigns that the plaintiff was de prived of his dividends and other profits; do you call that, or not, a damage ? Serjeant Tarmy—We wish, my Lord, to argue the MC here as we would in error, arid to meet the points exactly in issue between the parties. Mr. Justice Gas:ELEE—The concluding words of the pas sage in which the damage it alleged runs thus—" and the said Governor and Company of the Bank 'of England have wholly neglected their duty, and have refused to pay all such demands anti profits a t s lu would din have accrued if the stock had re mai n ed i n the name of th e sa id plaintiff, a nd not been transferred." This was the l I dividend. allegation of tldedfirtshtacot unt. 1 Mr. Serjeant thatappreiene applied to the The-CIIIEP4USTICE Well, Come to the point: what do you answer about the refusal to pay the dividends ? _ . Mr. Serjeant TADDY —lt was first to be seen if they were entitled to the dividends. It certainly was the duty of the Bank to pay all dividends, hut in this case the demand was to pay all dividends due on the of th of September.; where. as, for six months b e f ore t h at, t h e pl a i n tiff knew that they bud 'been received 'h an unauthorised person. It would cer tabilrbe fatal to public justice if a party could bring his action after such conduct on his own part, and beside after shielding the felonious offender and -favouring his (*cane. Laying the nearness of the blood of the parties out of the question, he was satisfied the Court never could sanction the bringing an action wbetr the,plaintiff's conduct had - been such as it was in this par_ denier, CaSe. It' the plaintiff' here were tried for rnisprison of f e lony, though no one would wish to press him hard, yet still, ifs man, though acting on and up to the principles of nature, violated - the law, he must suffer as the law ordained. If the felon were here, the plaintitf could not sustain a verdict, because lie had no good ground of action ; and the felon not being here, being out of the teach of public justice, and .the tiff knowing and favouring his escape, how could the plaintiff bring an action in the case? The plaintiff only informed the Bank of the forgery in September ; money was lent to - in June— Itlr. Justice PARK—IIow lend money in June when the party left in April ? Mr. Serjeant TADDY—The question here, after all, was, could this action be maintained on any principal of common law; and next, was it desirable it should be maintained, on grounds of public policy ; Actions in this case, let it be re membered, were created by Stat. Edward 1., commonly called the Statnte of Westminster 2d. and had for their object some thing of a &mum and i►{juriunn really committed under all the circumstances of the Case. But an action originally well vested, might be divested after, as for example—in case of the enticing away an apprentice. It' the master brought his action against the apprentice, he could not bring another against the person enticing him away. But here theparty suffered the bank to pay on unauthorised ruthority—he suffered no daninuns no in seitim—The Bank were the sufferers, and yet, on the 30th September, the plaintiff came to them for the payment of those very sums which he knew were paid away before. If the plaintiff had only dealt fairly and properly by the Bank, he might have had his dividends. Suppose this were the case of a private individual. Suppose that I know a man has forged my power of attorney for a certain sum, and that he goes to my steward and obtains that sum, he believing the instrument to be genuine, could I, with such knowledge, bring an action on the case against my steward for the payment over again ola sum which I knew to be so obtained, and to the obtaining of which I had so manifestly lent myself ? Such a case would not be suffered in a Court of Justice. An action on the case was only allowed the an injury done, and here the injury was done to the Bank, by not giving them timely information. Mr. Justice PAux—l want to know this. Suppose I buy stock, sold to me under a forged power of attorney, of which know nothing, how could the Bank be injured by paying me the dividend ? In other words, could they retain my dividend Mr. Sergeant TanDr llitnk are certainly bound to pay those who are properly authorised to receive. But surely the Bank wete not to pay both—the authorised, and unau.. thorised to receive. _ Mr. Justice Gaztv.tr —No, but if they pay the unau thorised, that is their business. The properly authorised must be paid, and you know that tke cashier Of the Bank gets a gross sum to pay their" proportion" to the proper parties. The CHIEF JUSTICE—Can you find any Act which says, that if stock is not found placed to my name, it is not reason able to conclude it has been actually transferred ? Mr. Justice PARK-4 wish to - know, does your argument only extend to the dividends under the '2d and 4th counts? Because, if so, has not the plaintiff a right of action for the dividends of the next half year ? This I put to you us an 811 , 11. ment of candour. Mr. Sergeant TADDY—It would be very difficult for Coun sel to answer such an argument. Be knew this, that the Bank meant nothing but what was right. They were but the mere conduit-pipe to the public, and they only acted up to their duty In resisting a case like the present. TheCIIIEF JUSTICE—Your argument goes against the right of bringing an action on the case to recover those divi dends, which you allege would have been paid to the plaintiff, but for his own fault. Now, I ask you, is not this rather a ground of cross action by the Bank, than of the forfeiture of the dividends by the plaintiff? I'll tell you why I think so; because the Bank would be pat to prove their loss, and very fit it would be. _ _ rjeant TADDY—In contract of its debt, a cross action might be brought; but in case it is different, and for the very obvious reason of avoiding circuity of action. In an action on the case, the whole facts of it arc to be considered, and if an In. jury or wrong be not to be gathered from the whole appearances of the case, then it is not maintainable. The CHIEF JUST icx—Whether that be a sufficient answer to meet my difficulty, I shall not say ; but it is certainly inge. Mims. Mr. Sergeant TADDY—.The Bank wished for instruction from the Court on this important position. I contend that no action, for any matter arising collaterally or directly out of any felony, can be maintained, until conviction of the offender takes place, or public justice is satisfied. Public justice was often necessarily entrusted to individuals, and it was right that those individuals should be protected in the performance of their duties. It was observed that civil actions merged in the felony —but that was not always the case. The case of Dawkes anti Kavanagh, reported in Styles, 346, was a case in point. Kava. nagh was indicted for robbing a house, was tried, found guilty, and burned in the hand. Dawkes afterwards brought his action of elausistnfrvit, and the defendant pleaded he was not guilty, and a special verdict was returned. A question then arose, if, after the burning; of the hand, the action could be maintained ? and the Court held that it could be, for the first injury . was done to the Commonwealth, for which the punishment was inflicted, and then the party was amenable for the individual wrong..— This was after conviction of the felon. In the case of Higgins and Butcher, 1 Levintz 247, it was held that the party injured could maintain his action, though not a third party. The CHIEF JUSTICE—You'd find that difficult, I think, in case of murder. Mr. Sergeant TADDY—In Dawkes and Kavanagh, Ist Rolls, 657, the party was protected for the felony for the good of the commonwealth, and the trespass to make up the loss to the in. dividual. In that case, it was held, that the latter action was mainable, and that Dawkes in bringing it had done his duty. From the time of Bracton, it was held, that all the King's sub jects were to give notice of felonious transactions, and not to remain duos nudes, vel dies, without giving information of them to the King. And the same principle was to be found in the 21st Henry VIII. ch. 11. The CHIEF JUSTICE—There is, however, this difference between the Statute and the Common Law. By the latter, no writ of restitution could be sued out, if any tardy delay took place, whereas, by the former, the felon was even after attaint to be taken upon evidence. Mr. Sergeant Tatou - it—lt is right it should be known, that every one is guilty of a misprision of felony, if he know others to be guilty of a felony, and do not state it to the proper autho. Sties; this was clearly laid down in 1 Hawkins, p. 251. Be sides, in this case, the plaintiff allowed the forger to escape. The Cii icy JusTicu.—There is no evidence before us that the plaintiff was privy to the escape, or that he was by to favour it. Mr. Justice 13unitouou—Suppose this man was taken a month after before a Magistrate, and examined on another cri. minal charge, would the plaintiff here be guilty of a misprision of felony ? Mr. Justice PAnic—This man was taken for a forgery on the house of Drununond. Some delay took place in his second examination, and until that was disposed of, what service could the plaintiffs disclosure do the Bank ? The CffIEF JUSTICE-Isuppose Brother Taddy means the Bank would have taken greater care of him. Mr. Justice Pmts—l suppose the Bank leave those - matters to the care of the proper authorities. The CHIEF J frr cr —I wish to call your attention, Brother Teddy, to the liability of innkeepers and carriers when the goods consigned to their care are feloniously stolen. Now.am I to wait to bring my action until they have prosecuted the felon to conviction. Mr. Sergeant TADDY—If the innkeeper knew who the felon was--. The Cum. Jurrice—l take it that the Bank stands in the very same .ituation. Mr. Justice PARK—Does the general proposition you started just now apply to all cassea before conviction for felony or only to this case ? Mr. Sergeant TAnDY_I mean it generally, though particu. larly in this case. The beamed Sergeant, with considerable eloquence, contended that general policy called loudly on the Court, as well as the special facts, to discountenance actions like the present. Mr. Sergeant VAUGHAN having briefly replied, The CHIEF JUSTICE said, we have received all the Infor mation which talent, industry, and ingenuity could supply us in this case, and we should be wanting in our duty to the public if we did not take time to give our judgment on this important subject. We shall give notice when we mean to pronounce it. COURT OF CONDELEGATES, Nov. IL batory, BRISCOE V. BRISCOE. There was a full Court this morning, and half an hour's dis cussion upon Lady B r i scoe 's a pplication to have the term pro which had been assigned her, opened, in order to allow of the examination of two witnesses whom she had offered to produce on the last Court-day. Their Lonnsturs rejected to-day's application also; re fusing either to extend the term, and allow the examination of the witnesses to be taken, or to rescind the conclusion of the cause; which now, therefore, stands definitively assigned for argument and sentence. COAL MARKET, Nov. 12. Ships at Market. Ships sold Price. 25 Newcastle - 194 . 303 Od to 40s 31 17i Sunderland . . 9 . 36s 9d to 42s Ott MaTUOD OF PRESERVING SHALL BEER.—A Lady, desiring her butler to be saving of an ex cellent tun of small beer, asked him how it might be preserved. " I know• of no method so effec tual, my Lady," says the butler, " as placing a ,barrel of good ale by the side of it 1" INDIA. f (From the Singapore Chronkk.l THR TRADE OF SI NOAP011.1:. SmaleottE, JUNE 10.—We have the pleasure of laying before our Readers the following statement shelving the resort of European and Native shipping to the port of Singapore, for the purposes of trade or refreshment, from the end of December, 1822, to the beginning of January, 1024. The number of port clearances granted to European vessels . during this period, amounted to 20g. Of these 47 cleared out for H indostan-42 for Malacca and Pinang-48 for China-9 fir Great Britain-4 for Manila-3 for Sium-4 for Tringanu and Kalantan-5 for Borneo-29 for Java—fl for Sumatra-11 for Borneo, and I for New South Wales. The tonnage of these vessels amounted to upwards of 73,000 tons, but ae must be , evident enough from the nature and situation of the place, many • of the vessels put in for the convenienc e of wooding and water ing only—others again traded to a small extent--some took in a large portion of their cargoes, and a few the whole amount of, the lading. The place indeed is so conveniently situated, from the facility of ingress and egress, that almost every ship that , assed through the Straits of Malacca, touches, if f or no other view than to obtain information. Indeed out of 424 veesels Char passed passed and repassed the Straits of Malacca during the y 1823, we think that not more than six or seven passed on with out touching, and these were chiefly Duch men of war. The next most important branch of trade is probably that of the Chinese Junks of Canton and Fokien. In 1823 these amounted to six in number, in all about 3,000 tons. These 1 Junks import and export complete cargoes to and (rain Siege- pore only. The native trade from Siam amounted in 1823 to 34 Junks, which mar be considered equal to 1 1,000 tons. 'rite greater iac T c h a e an n d at i i , v i e nan tra g d ) e tr a a i d th e ( I li ! number of these import full cargoes, and carry' way an eS lllla i ° r eh ect ili v .. / C itl h i i t n i a inga d t r unng die "me. Sri > lent. A few have traded previously at the prt of • I " 3 ' al Pinang, and touch at Singapore to make up their cargoes. I, amounted to 27 Junks, and to about COO tons. Ti C; ,, ts ' number of these also (with the exception of n very few 10 ' 2 ' ' • The trade of the Indian Islanders ea SingaP°e" mat 1 divided into the following classes--That of the liugis — , ol o t ta le _ Borneans—the Sumatratin, and that of the blalaystis in „ e v, immediate neighbourhood. The whole of the Port el ea " l ' c ' ss throughout the year on account of all of these arnounte .t 1,345, and in this enumeration, the Wile vessels are of ueic:sanstihy; frequently included between this port and every pincel i o t u n t 1 out Straits of llalacca; frequent intercourse is kept up tl . , g ale the year, and there ix, for example, a class of vosc" — a l / 44n Prohu I:laical—which often makes 3 'voyages aof betwif,;,l Singapore and the Dutch settlement of Rltio, about 60 i tn i a distant. The most important branch of the trade of the in ili a, Archipelago, is that of the Bugia, who, from their (listen . : and the nature of the monsoons, make but one voyage thrals, re Alone.. b.,„ out the year. In 1823 the Bugis pmhtts of the different: 000 tries they inhabit, which trade to Singapore, were n nt , led t r ade 80 in number, amounting to nearl 3,000 tons. 'l ll ° ne e with the State of Borneo P is another considerabir bra a... roper o is r sca ollr rc in el l of the Island trade which is worth particularising. Poil:),Y, amount to about 2.5 large prahus, or to a tonnage 0 1 , ‘,.:„,, 1,500 tons. The whole of the native trade of thee rcll,ll.rye y m ca ed e ia a te bl s e ric o l f ru an ty, y andoft to Singapore, taken together, exclusive of the eperlo may be reckoned at 4,500 tons annually. i 1 amm" l'he result of these different data show that the whole Si n gs' of shipping and vessels of all descriptions touching o f M i d - pore for the purpose of trade, or for the convenience 01_71104 mg, watering, and refreshing during the year 182 3 1 an t ' to but little short of 100,000 tons. ye• wai t down t° ti " Oar distant readers may be intere sted to know that the P which at present affords these advances, or es year 1818, a haunt of pirates ; that no European (h oots. vessel ever visited it, and that as late as the year IBM , „ g el, of his Majesty's frigate Greyhound cut out ami ree t j to s a from one of the most secure spots of the present has l ' itt o European vessel, which had fallen into the liana of th e P in question. estimat e h e wri which ts w would 11 I anitctesn,:::l:, in 03 •W ie We are concerned to learn that the pirates have Aga ~ , ,,le their appearance in our neighbourhood. The schooner ( s ol i ja Macqueen, on her voyage from Singapore to na tavit !' s .sits °I . with a piratical prafm off the second point in the t , ... a pu ll. Banat. The strength of a lar rahtt well WWI, a ce ' i helit Ing about 60 oars, was so much s u perior to any reite ten d , cola a small vessel, of not more than 18 tons, with few 0 01 1 , 1 s upans offer, that seeking . safety in flight presented the ° l d / m olting of escape. The pirate immedietely gave chase, so , s ere fast up with the schooner, while close haulcd, tnef iis sg- . obliged to bear away before the wind and return t°,,,,,,f0f pore. The schooner, in returning, encountered a strong lsi, g ot pirates at anchor in the Straits ot i Dryan. She unfortunide'sch aground upon a reef, in endeavouring to avoid the n s ; s listeil being observed by the pirates, the whole squadron Mt d o ubt. wsighed anchor, and prepared for attack, making, s ti ." o . - or 1. 1 sure of their prize, now incapable of escaping. 11 " f - ts see the schooner, six in number, with considerable ditliea ',sett% seeded in getting her afloat before the pirates grad ga t oriss on, gunshot, and being luckily favoured with a stronll s sol th e she soon got beyond the reach of the prahus, who t'a ll ; of 111 e pursuit to a considerable distance. Captain Thorat ° h T c s ON schooner, informs us that the number of prelims ' e is ser seen together, was not less than twenty-five , all of th e s od rently well armed and manned. The fl ag show n hi site of them was of a dark red colour, wi th a black border. n h V t. On Tuesday the Ist inst. Colonel Nahuys, late "-t e w e s t) , dent at the Courts of the Emperor and Sultan of o f to ed on board the schooner Freak, in prosecution of his , tao is Calcutta • from whence we are informed he intends ea o f t he settlement' EuroPe. Several of the European ge ntle a d on h i ' attended Colonel Nahuys to the beach , i l fro the leaving the shore a salute of thirteen goo under lie h th e ". oftheinsulated saluting battery. When the schooner got weig turned the salute with fifteen guns. v 01 1 -' 5 GREAT Circumference (PARADISE), IN THO latST 11r 1 . Yoe' EXCAVATEDIated TEMPLE CL‘Ynik: ' 00 . • fl height of ditto from the area - " " :5° • 11l Depth of the excavated area fro m the outer gate ~ Breadth of ditto ditto from the side piazzas backof the - u The three piazzas (forming the sides a and 13 Great Temple) in continuity Breadth of each piazza - ' Height of ditto ditto - - • 43 Number of pillars supporting roof - l4 -1 Ditto of sculptured figures - - - • 15 1 Hall of Keylas (ascended by 38 steps), length - ' luj Breadth of ditto ditto - - - • A room in the side mountain, in length • , hii. Ditto ditto, in breadth - - - • 0 cia , - le, 'I in • There are several other a in this Te ll %.,,das be. 1 partments rately sculptured. There are many other teMplee• .'' m ils 19 nde lor 4 nearly in the centre of the range, which exte 1 a.) a half in length.--(Copt. Scely's Wonders V- 8° 1 1 1c It o f 111 a. FAUNTLEIWY.- We do riot to.u.. I , 00 .....e 01 A sary or proper to comment on the v" I row ill ' f unfortunate gent lemon, as his fate " ,f tl on the decision of the Law or the tner c Y ` 3 , ( er Law, _ c har , Sovereign, hut in justice to his private t wo . 1 we insert the following paragraph; ta4.el% contemporary journal:— , 40 1 o f in - 1 ` l er , " Although the incident,: of domestic life cans ,9 i t re , 11 cases, be considered fit subjects for public discuseto_lio suse theless becomes necessary, in some instances, to nu ot sets/l e , circumstances, with a view of explaining wha t Vol t o m r ? be left in that state of mystery which might Lc a ,ee t . neous conclusions. The tale first circulated of ta— s sves • between Mr. and Mrs. Fauntleray being the co,ntsies o erics:. remonstrance from the lady's brother, is r a g o utsa leieti ry s et o v s ‘ —That event was, as we understand, the l e s s et 7 Mr. Fauntleroy, who, by a fortuitous circionstenl a %ostioe deto be here explained, had placed himself to ..,, we ! 0 ! whichmanded that step. The motive for e ntcr , t , rti 1,,t toll engagement, of which the duties were to cease dictated;ff 01 church dcor, was honourable, as was that which 0 er a eternal separation justifiable. Mr. F. tl ough DS; IsaYe e n , Ronal sacrifice by that ermucement, for the salce o f , to disce... the child she bore him, had, nevertheless, resolvett,..,ion * 7 tinue the association ; on what grountl that res_,';', for r e a, formed it is not necessary to inquire. That sonte c l.„ o m 11 1 ." 0 scntment on his part did exist, ma y be infer The' „oeios,s Fauntleroy's allusion in her second letter. .I. ll s l S t st it 01 , made for Mrs. Fauntlerov was liberal, and that st_lf s ' es i n he' have been so, must be concluded (ruin various pesa''F ros ste t° stress . eel letters. From what cause the pecuniary entb 40,1 a which Mrs. Fauntleroy refers originated, we find Ra t ..,' ios to 5t,',. 1 . . letters; but there certainly is not the slightest :11,U.. p o nes% breach of pecuniary engagement on the part of 11 ,i_r s ,gas store soy. Mr. F. evinces great affection for his son, vs ti a le an! On tog than once visited him during his confinement. , , sos en , occasion he took a favourite seal from, his watch, sru_r cei shis.o , it to the boy, with that solemn adjuration of remempi ra n 1 , 1 s p ie l ; probably no length of time will ever erase from a n IX, ; n th ; bility. Mr. F. had for two or three days ee" seeded by gel ' posed, and the interview with Mrs. F. was su a _ _ Te o weakness and depression. Mr. F. has, however, ow „ tt ie . srto g" , that tranquil equanimity of mind which has hsth consolation to his friends."