The Sun. — London, England, 1824-02-19 00:00:00

PARIS PAPERS. (From the J 0247 nal des Debats.) PARIS, FEE. 16.—We cannot refrain from fix, ihg the attention of our readers upon the recent -decree issued by the King of Spain in favour of freedom of commerce with the Spanish colonies. It detaches the question of commercial interests from that of the indepe►►dencr of the colonies ; it placips o:► a distinct basis the interests of com- ittercial nations, at thu mune time that it creates (or re-unites in the colonies a numerous party to the parent state. It announces the return of practical and reamonahle ideas, and paves the -way for subsequent ameliorations. The principle upon ►vhich this decree is found ed is comprehensive, and in accordance with the eniightened policy of the age. The ships of the allied and united powers, admitted into the ports of the. Spanish colonies, will pay import and ex port duties upon the footing of the equality be tween the subjects of these powers. In vai►i will it be said that Spain concedes no thing, because she does not retain her colonies. Besides, this view is not correct, seeing that the still possesses several colonies of great iru- portance, and that others are far from being en tirely separated and pacified.' Spain has on her side the right; and the right, even without means of action, constitutes an immense passive force. When the prejudices of all classes of Spaniards upon the question of authority over the colonies are remembered—when it is recollected that the Cortes obstinately determined to adopt, with re spect to their trans-Atlantic possessions, the no tions of Charles V. and Philip 11., we can hardly persuade ourselves that this decree, so salutary to Spain, has, in fact, been promulgated.—Every thing may now be hoped for. Spain has paced herself in the most favour able position for listening to arrangements with her colonies ; arid, after such a concession, she may and ought to calculate upon a general feel ing of good-will towards her, Having, in exercise of a right, opened the American colonies and the Spanish islands to the ships of all nations, a great and memorable revolu tion in the commercial and the political world has been accomplished ; it is one of the most auspicious results of our enterprise in Spain, and upon which we cannot too warmly congratulate the Government. This result will be the more duly appreciated by all parties and by all interests, because France has stipulated for no exclusive advantages for .herself ; she has considered only the interests of Spain, and included herself modestly and gene rously among the crowd of nations invited to partake of these new sources of wealth. [From the Morriteur of Monday, Feb. 16.] The official part contains a Royal Ordinance, appointing the Marquis de Talent Knight Corn. inander of the Orders, to wear the insignia till his reception, as a testimony of his Majesty's satisfaction, and a recompence for his good and loyal services. INON-OFFICIAL PART.] SCRAFFRA °SEM, FEB. 7.—'f he surveillance of foreigners still continues in Switzerland, and oc casions frequent reports. In the frontier Cantons, however, means are found to unite equity with the strict formalities which have been prescribed. Much more rigour is shewn on the northern fron tiers of Lombardy towards all strangers coming from Switzerland, who are again subjected to a rigorous examination, even where their passports are in order. Those who have not passports countersigned by the Austrian Minister in Swit zerland, are obliged to return to Berne to have this done,even when they are persons well known, and bearing passports delivered by their own Governments. FRANKFORT, FEB. 9.--Proceedings on account of political misdemeanours have commenced for some time past in various parts of Germany. The real object of those proceedings is not known, and there are different reports on the subject. We have learnt nothing new respecting the persons arrested in several parts of Bavaria. A Central Committee, it seems, has been appointed at Munich, to which all Magistrates employed in the proceedings are bound to report all the cir cumstances that come to their knowledge. The Bavarian Government has required of the .Court of Prussia, that General Lestocq shall be given up. After quitting the service of Wurtem berg, he had fixed his abode at Deuxponts, the tribunal of which city condemned him to a long imprisonment. M. de Lestocq had set out for . the North of Germany. lie has been given up, and conveyed to Deuxponts. ROME, FEB. I.—The Papal authorities of Ancona have received news that Jussuff Pacha, Governor of Patras, had at length succeeded in opening negociations, for the surrender of that place, with Prince Maurocordato, who had at first required that the Turkish garrison should surrender at discretion. SMYRNA, JAN. 10.—The report of the loss of the Turkish Beet, fitted out in the beginning of December to proceed to the relief of Smyrna, has produced an extraordinary impression on the Mussulmans: they regard this event as a mark of heavenly displeasure. . FRENCH FUNDS, PARIS, FEJLl6.—Five per Cents. 91 ill; Loan of 1823, 111; Bank Stock, 1,730 ; Neapolitan Rentes, 85k ; ,Spanish ditto, opened at 274., closed at 26 ; Exchange on London, one month, 25: 45. ; 3 ditto, 25. 35.—( Caurt Asithentique. PARLIAMENT. HOUSE OF LORDS, FEB. 18. The pleadings in the Queensberry cause being terminated, the LORD CHANCELLOR gave not►ce that he would pro nounce judgment as soon as was consistent with the considera tion which the various questions in the case required. Lords ERSKINE and Ywanonotlpn took the oaths and their seats... A person from the Treasury presented several annual Accounts. BROGDEN and others from the House of Commons brought up the house in Lombard-street Bill, which was read' a first time.—Adjourned. HOUSE OF COMMONS. Mr. BYNG obtained leave to bring in a Bill to erect a new bridge over the Thames at Hammersmith. BEAR BAITING. Mr. MARTIN gave notice, that he should to-morrow move for the appointment of a Select Committee to inquire how far the practice of bear-baiting and other cruel spOrts had tend ed to demoralize the people of this country. COAL DUTIES. _ Petitions praying for the repeal of these duties were present. ed from the following places :—From the Corporation of Fal mouth, by Sir W. Lemon ; from the Proprietors of Collieries in the Forest of Dean, by Sir W. Guise ; from the parish of Dedham, anti also from the town of Bolting, Essex, by Sir Eliab Harvey ; from the Hundred of Stratton, in Cornwall, by Mr. Tremayne ; from the Inhabitants and Vestrymen of St. Pancras, in the County of Middlesex, by Mr. Byng ; from . East Ilarling, by Mr. H. Colborne ; from Taunton, in Somer. setshire, by Mr. Wane ; from Sleaford, in Lincolnshire, by Mr. Chaplin ; from Bishop Stortford and from Cheshunt, by Sir J. Sebright ; and from Stockwell, in the County . of Norfolk, by Mr. Wodehouse. They were all. ordered to be printed. Sir W. GUISE presented a petition from Cheltenham, and Sir John Sebright a petition from Bishop Stortford, pray ing the House to take some measures for the better recovery of small debts. Mr. CARTER presented a petition from the Licensted Vie. tuallers of Portsea and Portsmouth, praying for some reduction in the price of their Licences. CONSOLIDATION OF THE SLAVE LAWS. On the motion of Dr. LUSHINGTON, the House re solved itself into a Committee of the whole House to consider the laws regarding the Abolition of the Slave Trade. He said that as the bill was exactly the same with that which the House had passed without any objection in the last session of Parliament, it was unnecessary for him to make any ob servations regarding it. He should merely submit certain re solutions to the Committee, as the foundation of the bill he in tended to introduce. The resolutions were then submitted and.agreed to, and the report was ordered to be received to-morrow. Sir E. HARVEY presented a petition from the parish of Dedham, praying for the Abolition of Slavery in the West LICENCE DUTIES. Petitions were presented from the Licenced Victuallers of Sleaford and Portsmouth, praying a reduction of the Excise Duties on Licenses. SMALL DEBTS. Lord ALTHORPE rose to move for leave to bring in the Bill for facilitating the recovery of Small Debts, of which he had given notice to the House. Alterations had been sug gested to him from various quarters, but his measure would be exactly the same in principle as that of last year. However, as Borne Members might be present who had not read that Bill, he would state shortly what were its chief objects. The Com mittee had found that a great proportion of the debts of trades men were less than 101. in amount, and that they could not re cover without a greater expence than the amount of the debt. The consequence was, that payment depended upon the will of the debtor. To meet this evil, his proposal was, that an As sessor should be appointed under the Sheriff to male the circuit of the county, and to hold his Court in such towns as the Ma gistrates might appoint. He should not detain the bOllBll further at present, but move for leave to bring in a Bill to pro vide for the more easy Recovery of Small Debt% in England and Wales. Mr. J. SMITH, in seconding the motion, said that the mea sure of the Noble Lord was calculated to remove one of the greatest grievances to the class which it affected than could possibly exist. He could not better give the House an idea of it than telling them of a case which happened in his own family. A servant of his was pursued for a debt of 31. 18s., which he was unable to pay. He made no defence to the suit, and yet his taxed costs amounted to 141.—(H e ar!)—He was conse quently sent to prison for the debt of 171. 18s. The officer who served the process told him (Mr. S.) th at h e h a d to p er f orm similar duties every day. He was glad the measure was sup ported by the influence and rank of the Noble Lord, it would be most acceptable to the country, and he hoped it would en counter no opposition.—The mottos was then agreed to. PENALTIES AND WARRANTS. Mr. D. GILBERT obtained leave to bring in a Bill to pro vide for the more effectual recovery of Penalties before Ma gistrates, and to give greater facility to the executioa of War rants. BANKRUPT LAWS. Mr. T. COURTENAY rose, according to the notice he had given, to more for leave to bring in a Bill for consolidating laws respecting Bankruptcy, and in some measure amending them. The House had so often investigated and discussed the subject, that it was not n, - cessary for him to get into it at length upon the present occasion. His first objection was to effect the consolidation or union of all the acts, in order that they may present to a person at once the whole state of the law. He thought the House would soiree with him that such an object would be a beneficial one. 'He also proposed to make some alterations which he would not now follow into detail, al though there were one or two important points to which he would call their attention. In the first place he should propose a clause by which under certain restrictions a man might render himself subject to the operation of the law, and thus remove the criminal character which the existing law fixed upon every act of bankruptcy. He should also propose some alterations in the manner in which certificates must be obtained, and in their operation. He then moved for leave to bring in the Bill. Mr. J. SMITH, in supporting the motion, said, that the one now described was identically the measure which he had formerly proposed. He could, however, have no feelings of regret on that subject, for lie found that the utmost application which he could bestow upon the subject for two years had not enabled him to surmount its legal difficulties. He rejoiced to see it in the hands of his Hon. and Learned Friend, and he trusted it would be successful. With regard to the manner of obtaining certificates, some of the most abominable practices that ever were heard of had arisen by persons getting posses sion of the property, and then refusing the poor bankrupt his I certificate. 111 r. Serjeant ONSLOW expressed his satisfaction at find ing that his Honourable and Learned Friend had undertaken a question which had so long required the interference of the Mr. A BERCROMBY said, he should trouble the House with a few words, in order that his silence should not be mis construed into an approval of the measure. If it was the ob ject of the Learned Gentleman only to place the Acts of Par liament in 4 different light, he could not well see th e use o f such a proceeding. And if intended to abridge them, or to leave out some parts and add others, then he was touching a sub ject of the most extreme difficulty; and he hoped the public would not have to lament that it had been done. With respect to the alteration which removed the criminal character of bankruptcy he fully agreed in the principle. But if any thing were done, it ought to extend to the whole character of the law, and not to a particular branch. Leave was then given to bring in the Bill. ISLE OF MAN. Mr. CURWEN rose to bring before the House a motion relative to certain instructions given to the Duke of Athol with regard to the Government of the Isle of Man. He de scribed the constitution of the Island, and said that he should have no difficulty in sheaving the wisdom of its origin, and that it had frequently conferred great advantages upon the inhabitants. The object of his present motion was to prove that the constitutional rights of the Island had been violated by the instructions in question, for the production of which he was about to move. The Hon. Gentleman proceeded at some length in an analytical description of the constitution of th e Island ; principally with reference to the administration of the criminal law, which was the point to which he wished to direct the attention of the House. He stated that the House of Keys (answering to the description of the House of Com mons in England) had by long custom been considered neces sary to legalize the verdict of a Jury. Whether this was right or wrong was not the present question. It was the custom of the island, and in consequence of recent institutions given to the Governor by the Secretary of State, had now been dis pensed with. He was so satisfied that this act of the Right Honourable Gentleman was illegal, that he had no hesitation in declaring his opinion that any Judge who condemned a person to death on the mere verdict of a Jury in that bland, without the concurrence of the House of Keys, would be guilty of a legal murder. Some controul in this respect was absolute ly necessary; when it was considered that the Judges of the Island were removeable at the pleasure of the Crown ; that one had recently been removed without trial ; and that the Attorney General of the island, the principal Law-Officer, was not a re sident there. After some remarks on the unconstitutional na ture of this interference on the part of the Crown with the con stitution of the island, the Honourable Gentleman concluded by moving for an address to the Crown, praying that the House might be furnished with a copy of the instructions sent by his Majesty to the Duke of Athol, as Governor-General of the Isle of Man, relative to the Court of Jail-Delivery of the island ; and a copy of the Memorial presented to the G . overnor-General, complaining of the non-residence of the Attorney-General of the island. Mr. Secretary PEEL said the difficulty to meet the Hon. Gentleman was in not knowing whetljer he spoke as Member for Cumberland, or as a Member of the House of Keys, which latter, he believed, the Honourable Gentleman was.—(A laugh.)--The question raised by the Honourable Gentle man was entirely a legal one—whether the Legislative branch of the Constitution was entitled to controul the verdicts of Juries. It would be a monstrous anomaly if this were really the case ; but he admitted, that on that account alone it would not be justifiable in his Majesty's Government to correct the Constitution without the authority of Parliament. The Ho nourable Gentleman, however, had assumed the principal question ; which was, whether this House of Keys had such a constitutional right; and the better opinion was, that they had sot. The case had, in the first instance, been laid before the Attorney-General of the Island, who was the person sup posed able to bring the !most informatien to a discussion of it. That Gentleman gave it as his opinion that there was no such right. The case and opinion were sent to him (Mr. Peel), and he did what he conceived a Secretary of State ought to do on such an occasion. The question of right was purely a legal one ; and he therefore sent it to the Attorney and Solicitor General of England. Their opinion coincided with that of the Attorney-General of the Island ; and even then, so far from assuming to himself any arbitrary power of giving directions, he had merely sent the opinions to the Go vernor, leaving those (if any there were) who conceived them , selves aggrieved to pursue their ordinary and proper remedy by an appeal to. the Privy Council. The Hon. Gentleman had noticed the removal of a Judge of that Island. The fact was, he had been charged with corruption in a suit between two indi viduals. A serious inquiry was instituted, and he (Mr. P.) was sorry to add, that there appeared too much reason to be lieve that the charge was well founded. The result was, that he was removed; and, to prove that no improper or political feeling had influenced him on this occasion, he had only to notice the fact, that he had recommended the son of the Hon. Gentleman opposite as the successor (Mr. Curwen bowed.)— (Hear, hear, hear!)—The Hon. Gentleman had complained of the non-residence of the Attorney-General ; but the House would at once see the degree of justice in this complaint, when he informed them that the islanders wanted an eminent lawyer for their Attorney-General—wanted him to reside constantly in the island ; and therefore to give up the practice which had made him eminent; and to such a gentleman they offered the remuneration of 45001. a-year.—(A laugh.)—He conceived that there was no good reason offered in support of the motion, and he should therefore resist it. He had no personal interest, one way or the other, as to the right in question of the House of Keys. If they had the right, they could obtain the confirma tion of it by appeal to the King in Council, a course which was still open to them. Mr. ABERCROM BY supported the motion, relying upon the long and uninterrupted practice of the contest exercised by the House of Keys. He thought they should hare had an op portunity of being heard by the King in Council, before the Secretary of State had given his judgment. The ArI'ORNEY-GENERAb said it clearly appeared to his Learned Colleague and himself, from the documents laid before them, that the Members of the house of Keys formed no part of the Court of Gaol Delivery. Their interference with Juries was an usurpation originally, beginning about 100 years ago, and not exercised for the last 40 years. There had been upward/ of a year afforded to petition the Council, which was the proper tribunal of appeal. Sir JAMES MACKINTOSH said the notification of the opinion of the Crown Lawyers was not made until the Oth of this month. What had been called the Usurpation of a Century, was not lightly to be overlooked in a consideration of the Criminal Law of the Island. He thought, too, that it was rather too much to expect acquiescence in the deprivation of people's rights, or even of their claims, on the mere opinion of the Crown Lawyers. The A TTORNEY-GEWEItAL explained. Mr. COURTENAY opposed the motion, on the ground that there was a remedy open for red,ressing any alleged griev ance by an appeal to the Privy Council. The House then divided, when there appeared— For the Motion - - - - 23 Against it - - - - - 28 Majority , for the Motion - —2 IRISH LAW COURTS. The Report of the Committee on this Bill was brought up and agreed to. The Irish Clergy Residence Bill was read a first time, and ordered - for a second reading on the first day of March. The Exchequer Bills' Bill was read a first time, and ordered for a second reading to-morrow. The same course was taken as to the Appropriation of Aids' Bill.—Adjourned at a quarter to seven. LIST OF THE MINORITY Who voted for Lord Nugent's Motion, For the p r od uct i o n of the Instructions to Sir 'William A'Court, as to the neutrality of this Government, and his Conduct in Spain. Baring, A. Hume, J. Palmer, C. F. Burdett, Sir F. Hutchinson, Hon. Robarts, Colonel Benyon, B. C. H. Russell, Ld. J. Brougham, H. Hamilton, Lord A White, Luke Campbell, Hon. J. Honeywod, W. P. Wall, C. B. Cavendish, H. H urst, It. Wood, Alderman Denison, IV. J. Ingilby, Sir W. Wilkins, W. Denman, T. Maberly, J. Wilson, Sir R. Ellice, Ed. Moberly, W. L. TF.LLtItli. Grattan, J. Milrioribanks S. Hobhouse, J. C. Graham, Sandford Mackintosh, girJ. Nugent, Lord THE ARMY. Detachments marched yesterday morning from the Recruiting Department , at Westminster, for Windsor, Portsmouth, and the Isle of Wight. A troop of the lath Light Dragoons arrived on Tuesday at Canterbury from Ipswich. The New Raised Regiment (95th), at Winchester, will oc cupy Fort Cumberland during the ensuing Assizes, the Regi ment will then return to Winchester. It is at length decided, that the Royal Marine Artillery Bat.. talion, commanded by Sir Richard Williams K.C.B. is to be stationed at Fort Cumberland and South Sea Castle, into which quarters the Battalion will march early in the Spring. SOUTHER)/ REarscrwr OF YORKSHIRE YEOMANRY.— Lieutenant-Colonel Wortley has issued the following orders on the regiment assembling at Doncaster " Lieut.-Colonel Wortley informs the regiment that he has received from Lieut.-Colonel Lord Grantham an intimation that the regiment of Yorkshire Hussars, under his command, is anxious to assemble and form a brigade with the Southern Regiment of Yorkshire Yeomanry Cavalry, at Doncaster, in the course of July next, and an arrangement will be made to enable the brigade to assemble accordingly. " Lieut.-Colonel Wortley takes this opportunity of acquaint ing the regiment with this circumstance, and of impressing upon the officers and yeomen the absolute necessity, for the honour of the corps, of a full attendance, with appointments in complete order, andthe'best horses in good condition. 4 Lieut.-Colonel Wortley knows from past experience that .when assembled, he can depend upon the steadiness of the yeomen in the field, and upon their good conduct in quarters ; and he looks forward with confidence to the regiment doing it self the same credit upon this as upon former occasions. The officers commanding troops are requested to take care that every yeouran has an opportunity of seeing this order.' ARMY ESTIMATES. The Army Estimates for the present year have been laid upon the table of the House of Commons. The total force to be provided for, amounts to 73,041, exclusively of 20,900 for service in the teritorial possessions of the East India Company. The proposed distribution of this force is as follows : For Great Britain, (including reliefs) - 22,019 Stations abroad, (excepting India) . 30,793 Ireland - - 20,229 Total 73,041 The above force includes the 95th Regiment, newly raised, and the 96th, 97th, 93th, and 99th, making an increase of 3,250 men and non-commissioned officers. The charge fir the 95th Regiment is estimated from the 25th of last December; that of the 96th from the 25th of the present month ; and that of the remaining three, from the 2fth of March. The addi tional expence created will be between eighty and ninety thou sand pounds. By an Estimate laid before Parliament, it appears that 620,0001. will be wanted to defray the extraordinary expendi ture of the forces at home and abroad for the year 1824. Tuesday night, between the Horns at Ken nington and Lambeth Marsh, as Lady AN BEcKET was returning to town from Brighton, a trunk, containinga number of valuable articles, was cut from the chain behind the carriage, which the thieves got clear off with. LAW INTELLIGENCE. COURT OF KING'S BENCH', FEB. 18. BAKER V. SIR G. P. TURNER. This was an action by Mrs. Baker, a laundress, against Sir Gregory Page Turner, who has recently been the subject of a commission of lunacy, to recover 521. ss. Bd., the balance due to her for washing in the years 1821 and 1822. Mrs. Bush, a servant in Sir Gregory's family, proved that the plaintiff washed linen for them in the years specified, and that her charges were above 1/. per week. No one appeared for the defendant, and the Jury found a verdict for the plaintiff—Damages 52/. ss. Od. 110UGIl t'. wAan. This was an action by the trustees of the Bloomsbury Dis pensary, against one of the sureties to a bond, conditioned that John Warr, the collector to the institution, should duly pay over all monies. John Warr, the late collector, himself proved that he received 3141. 3s. Gd. in last year for the use of the society, which he had not paid over, but which, excepting seven guineas paid to a singer at a public dinner, still remained due. His poundage amounted to 121. on the sums collected. Mr. NOLAN, for the plaintiff, agreed to allow the poundage in reduction of damages. The ATTORNEY-GENERAL, for the defendant, read a let ter from him, giving notice to the trustees that he would con sider himself no longer liable. The Lonn CHIEF JUSTICE said he thought this was no defence in point of law : at all events, it could not be set up without being pleaded. Mr. NOLAN begged, as counsel for the charity, to state that if the defendant had taken steps to exonerate himself and pro vide other sureties, the trustees would have willingly discharged him. The Jury then found a verdict for the plaintiff, and assessed the damages on the breaches assigned at 2941. 13s. The other cases were chiefly matters of account, and several were referred to arbitration. COURT OF COMMON PLEAS, Fri. 18. LIABILITY OF SERJEANTS%INN TO THE PAYMENT OF POOR? RATES.-9ERJEANT LENS V. BROWNE AND BUR.. NELL. This-was an action brought against the overseers of the pa. rish of St. Dunstan in the West, for having illegally seized a table of the vable of lit., the property of the plaintiff: Serjeant VAUGWAN, for the plaintiff, said he felt exceedingly anxious that neither the interests of his clients nor the interests of the learned body to which he belonged should sustain any injury. The plaintiff, the Jurymust know, was the King's ancient Serjeant, who had retired from the bar, to the regret of all who knew him ; and the general sentiment of the profession towards hint was comprehended in the powerful words of Shakspeare— take him for all in all, " We ne'er shall look upon his like again." The defendants were the overseers of the parish of St. Dunstan in the West, and the question whether Sergeants'-inn, a place in which the sages of the law resided, was not liable to the poor rates, was conscientiously raised by them. For the first time the provisions of the 43d of Eliz. cap. 2, were enforced in the case of Seajeant's.inn, and they resolved to try whether it was to be considered extra-parochial, or liable as parochial, to the payment of the poor's-rates. Although the question was of immense importance to both parties, it must be decided by the mere fact of locality. There was a strong presumption against the parish in the circumstance of their having permitted their now avowed claim to slumber for nearly two hundred years. The inn was as remarkable for its architectural beauty as for its antiquity. From the reign of Richard 11., which recog nized it as the residence of the sages of the law, its history had been brought down. It formed part and parcel of the posses sions of diocese of Ely. To ascertain the antiquity of the division of parishes must be matter of difficulty. The year 630 was pointed out by Camden as the time of the division, whilst Hobart laid it down that parishes were enacted in 1179. How ever, as bishopricks, archbishopricks, and dioceses were esta blished before parishes, the presumption was, that this land, which was in the see of Ely, was possessed of all the privileges and exemptions which at all times belonged to the church lands. 'file see of Ely was possessed of the very powerful dis tinction jury regalia, and probably held the right of total ex nLtgroauvbelaens m id e ea mor of e the authority of the emption. Than Buckingham, with his rash leviedstrength." : h i e s h : o a y gi o : f yo E f l The Learned Sergeant then quoted a lease granted in 1430, to prove that Sergeants'-inn had been from the first inhabited by law; the natural and only deduction from which was t that it h a d b een invariably exempted from parochial burdens. The case of the plaintiff must almost exclusively depend upon documentary evidence. In 1646, a Parliamentary ordinance was issued, for the suppression of certain bishopricks, and the sale of certain lands ; but it contained a special exemp tion in favour of Sergeants'-inn, mentioned as ecclesiastical land, and of course not liable to parochial assessment. The report of the Co mm i ssioners appointe d i n 1640 to ascerta i n t h e number and val ue of all parsonages an d v i carages, d e fi ne d t h e boundaries of the parish of St. Dunstan. It said the parish was divided into two parts—the one in London, the other in Middlesex; that the parsonage of St. Dunstan's in the West was in London and the Rolls liberty, and the other was in Middlesex ; that there was but one church in the parish, and that the inhabitants of the Rolls liberty were greatly in want of a church of their own. It could be proved that Sergeants'-inn always contained a church in which the full service was per formed. If, therefore, it had been within the parish, this second cinirch, the church of Sergeants'-inn, must undoubtedly have been mentioned in the report. Service had been performed there within his memory, and he had even preached there in his turn. No rates had been levied to maintain it; neither was it a cha pel of ease; neither had the inn been called upon to pay any other rates than marked it as dependent upon, or incorporated with the parish of St. Dunstan in the West. The 4th of Wil liam and Mary, which first established the land -tax, was im portant in this case. Under it Sergeants'-inn was treated as a privileged place; separate assessors were appointed for the rates, which were paid to distinct collectors, and the inn was not scheduled as the parishes of the city were. The parish had shown, in a late document, their inability to confirm their claim ; for in an Act of the 3d of the present King, to con. vert the vicarage of the parish into a rectory, and to provide for the rector, all the houses in the parish liable to contribution were scheduled, and yet in the schedule annexed to the Act not one of the tenements in Sergeants'-inn was included, except a coffee-house inhabited by Dagnell Ells, which was not to be considered as an authority for extending the rate. The parish officers, in perambulating the bounds of the parish on Ascen sion-day, never went into Sergeants'-inn as part of their parish, except once; and then they were turned out. The inn was accustomed to bear the burden of its own poor. A bastard child was upon one occasion dropped in the inn at the door of Mr. Justice Fortescue—en accident which might happen in the best regulated societies—but it was well known that the Learned Judge could not have been the father, and the parish.. .officers were applied to, that they might remove the child. At a vestry-meeting, however, it was decided that the parish ought not to be burdened with a child dropped in Sergeants'-inn, as the learned body, residing there, did not contribute to the parish rates. The learned body was therefore obliged to main_ tarn the child. A lunatic had also been maintained at their expence ; and on the occasion of a funeral which took place in the inn, the parish-officers charged double fees. In conclu sion, the Learned Sergeant expressed his confidence that the proof on the side of the plaintiff would be irresistible. The Learned Sergeant then produced documentary and pa role evidence in proof of all he had stated. Serjeant PELL, for the defendant, denied that Serjeants'_ Inn had been exempted from parish rates, and considered it evidence of a weak cause to argue upon a two centuries' for bearance, when a right positively existed. The f a ct was , another Learned Body—the Society of Lincolns'-Inn—had been in a similar situation for 200 years, and had not during that time been assessed ; but in the year 1821, by the decision in the case of " Clayton v. Pope," they were compelled to pay the rates. In 1822, the learned Society of Clifford's-Ina, which since its origin had enjoyed a similar exemption, was compelled to contribute to the payment of the parochial expences. No prescriptive exemption could be set up by any of these societies, because the statute by which they were made liable was only two centuries old. There was no ground for surprise that the right to asses should, in certain cases, lie unexercised : but in times like these the parish officers were bound to make every species of property available for the relief of the poor, and they brought the case into the Court, in the firm belief that it would be tried fairly. They_ manifested their confidence, as every serjeant who practised there was interested in the question.— He (Serjeant Pell) was now endeavouring to impose a burden upon himself ; and even his Lordship who tried the cause would, if the verdict was against the plaintiff, be obliged to pay as an inhabitant of the Inn, the suns he might be assessed at. If they were not extra-parochial, as he contended, they ought to pay. There was no positive documentary evidence to prove that Serjeant's-Inn had ever belonged to any of the monastic institutions. When England was under the Catholic controul, the church had obtained peculiar privileges and exemptions, which had been retained in many instances up to the present time. The church was then grasping, with iron hands, all privileges and immunities that might render it independent.— The priests said, " The ground our houses stand upon is sacr e d and cannot be made liable to payment." The church was an exclusive body, but the law was an open body, and possessed no exclusive privileges, of the existence of which their posses sion would be evidence. The Learned Serjeant, after some further observations, produced a number of records to chew that payments had been made by Judges resident in the Inn for the support of the poor of the parish—th a t i n man y an cient a5 54 7,d ments for various purposes the serjeants h a d b een included , a' had paid the rates as belonging to the parish. • _a the The evidence was exceedingly voluminous, and occupicv• Court for s.,,veral hours. The Jury returned a verdict for the defendants. COURT OF EXCHEQUER, FEE. 13. Before 211 r. Baron GAll Am. THE KING V. SYKES AND AIIJIITAGE% Mr. WALTON having opened the pleadings, The SOLICITOR-GENERAL stated the case. It was an j a ' ' formation, charging th e d e f en d an t s , as manu f acturers alt scowerers of cloth, in the neighbourhood of Huddersfield, With defrauding the revenue at vario us ti mes . Th e d e f en d an ts, in the course of their trade, are obliged to use a considerable qu 33 ,," tity of soap, for which they are a llo we d a drawback, becOs' soap pays a duty of 3d. or 4d. per pound at the time of its 1 1 '; w . nufacture. The Act requires, that th e p erson w h o i s a llowed the drawback should keep an exact account of all the soap 116 purchases, as well as to produce the invoices to the oti:cer, In order that the amount of drawback might be allowed; in d'" fault of which a penalty of 501. is attached to each otfence•-"- The defendants had besides altered the invoices, stating tl" larger quantities of soap had been purchased than had actuaa t been, for which another penalty of Sol. is imposed ; so teat the fficer was deceived as to the quantities of soap the de; fendants had used; and these offences having been committr o on various occasions, a great number of penalties were O tt sought to be recovered. The Learned Counsel called several witnesses, from wil° se evidence it appeared, that upon the visits of the officers to th e defendant's premises at different times, they saw the soap's e li lowance book, in which were various entries of soap porches at different times of Mr. Downing of Hudderfield, and on be' ing required, they produced invoices to the full amount, so as to correspond with the soap-allowance book. Mr. Downing and his daughter deposed, that all the invoice produced had been altered from s►xall quantities to very WC ones ; the defendants had purchased of Mr. Downin g goal' quantities, and received invoices for every parcel ; b u t t he figures relating to the quantities, as well as the prices, 1:1 14 been materially altered. Mr. Thomas Burman, a soap-manufacturer of Hudderfield , on being shown an invoice in his name, declared he knew r.O thing of it whatever. Mi. MILNER said he could not object to the six first counts of the information, provided the evidence was satisfactory W the minds of the Jury; but he put it to the Jury to say wil e " ther two respectable men like the defendants would have beet l e guilty of such a fraud, indeed nearly a forgery, for the sake O' gaining a trifling drawback ; or whether it was not more prO' bable to have been the act of the servants of the d e f en dants ' particularly as no evidence h a d b een ca ll e d to prove the hew' writing of either of the defendants. The Learned JUDGi having summed up the evidence, The Jury found a verdict for the Crown, in penalties to th e amount of 3001. PREROGATIVE COURT, FEB. 18. nonsox, FORMERLY PATTLE AND WAKEFIELD, AGAlll gr ROCIOE AND ANOTHER. Sir Jotter NICHOLL, in giving sentence in this long-depend' tig cause described it to be one of much importance, on lga count of the magnitude of the property, amounting to near l l 200,0001.), the nature of the papers that had been pleaded, the sort of evidence to be considered, and the unusual application that had recently been made to the Court. The Learned Judy then entered into an elaborate recapitulation of the eeidenera which he observed had been very carefully taken by one of the most intelligent and able examiners in the profession ; but of a sentence which occupied three hours in the delivery, rfc have no room for the most contracted report. The der ceased in the cause was Mr. Thomas Charles Pattie, wa n died at Macoa, in China, on the 26th of November, 181®' leaving behind him, in England, a widow and an oolf child (a daughter.) The property of which he died poo' sessed had been variously stated, but in the plea was or timated at a b out 140 , 0001 . He had been many years abros " ' in the East .India Company's service. In 1802 he return: ed to England. In 1805 he went out again as one Of council for the factory at Macao, where he remained till aaa decease. Before his departure from his native country 1805, he made a will, by which he appointed four of Ph ' friends his executors, and bequeathed the whole of hie party to his wife and daughter. That property was tb t P supposed to be between 10,0 00/. and 20,0001 ; but no, _ ,et W have exceeded that sum. Th e Court then ente red in to a sf.; tory of the will said t o h ave b een made by the deceased 1805, and by which, among hi s f amilies and- friends, gave away in legaci es an d b equests upwards of 110,000-I -A the deceased's voy age from Macao to altinilla and Canton, lP a back to Macao, in his Majesty's ship Alpheus ; his collier /it... Lions with C a pt. L ang f or d , Si r Win. Fraser, Mr. Eduninl, "",,_ and Mr. Allen, wh o were lik ew i se on board : and of the "v:. ceased's last ill ness — t h e execut i on of the will propounded °"' the 18th of October, , 1815, after it had been prepared frool e lwe . ceased's dictation 1y Mr. Croft, a law gentl eman , w ho al"' come with his wife from India into China, for the benefit of he r health ; and of the deceased's death on the 26th of Noyeinbs c following. The Court also stated ever fact in plea as to 4 16 ' capacity of the deceased; his knowledge of the danger hew in from the information of Mr. Li v i ngs t on , t h e surgeon , a n the various corroborations which the genuineness of the tests mentary dispositions of this last instrument received from se./r; rid witnesses in the cause. Th e t wo grea t o bj ect i ons t h at h a d been attempted to be establi s h e d agains t a p aper t h us pro le' were--lst, that the signature or the body, or parts of both, or either, or the endorsement on th e enve lop, p urport i ng to be ° f the hand-writing of dece ase d, or of th e p arty w h o pre p a re d the instrument, were not genuine ; and 2d, that the charge ter of Mr. Croft had been so damaged, that he could not be safely relied on as a w itn e ss ( a nd h e was the principa l witness) as to c a p ac ity an d execu ti on . Th e C ourt decide"' that the signature was established to be clearly the true sir nature of the testator; that the erasures and interlineatioa a in question in the body of the paper were sufficiently account' ed for, and th e en d orsemen t was i n t h e hand-writing 4:l` Mr. Allen, who quitted the Alpheus and resided with decor' ed. It further held, that Mr. Croft's testimony was of the most consistent character throughout, and that his character as a witne ss was not to b e success f u l y i mpugned by reason , his moral guilt in a transaction occurring two years afterwards (This was an allusion to an action brought in the Suprem e ' Court at Calcutta, " Comberbach v . C ro f t ," an d i n whi ff heavy damages were recovered by Mr. Comberbach weir° Croft, who was his partner for the seduction of his daughter' aged 17. The young lady had eloped from her father's man ' Sion, and in order to elude inquiry h a d l e f t l e t ters on her tab'n intimating her intention of drowning herself, under an spare' hension of approaching insanity, and was all this time conce s ed in the house of her betrayer, who in the mean time visited, under pretences of condolence, her distracted faMily,). The Court was disposed, therefore, to pronounce foi the validity of the will of the 18th of October, 1815. But Mr. Wakefield* who had married the daughter of the deceased, and had, aa, i ll common with the legatees, pocketed the b eques t to which a was entitled (in right of his wife, who left with a legacy °'' 30,0001.), opposed this will, and prayed the Court, after NO; nesses had been examined, publication had been decreed, and the cause Had gone on to hearing, to rescind the conclusion is order to allow him time to bring in the copy of a later will ' which the deceased was said to have executed, and in w aicla he left his daughter a legacy of .10,0001. and the residue ; "°' that Mr. Wakefield, representing his late wife, and in that character having a vested right to the principal sail which was to revert to her after the death of her moth e r (Se , Mrs. Robson), would take, in virtue of this paper, 100,G0 0 ' and upwards. The Learned. Judge then examined the history of this paper. It was not even produced ; and even upon tl' e singular story which was told about the way in which ;' ,l r; Wakefield had obtained it, through communications by po 6 with an anonymous correspondent, and subsequently an inter; view at Paris with this mysterious party, who there deliver,' the copy of that original which he asserted to have seen, to .5 1 r' Wakefield ; what credit could the Court be re qu i re d to g ive to it ? The anonymous stranger had, it was said, only given e nP, this copy on a solemn promise and a written und er t a ki n g, ton e his name should never be divulged. Mr. Wakefi e ld a nd I,l ' brother consented to these terms ; but Mr. Wakefield's Sr, licitor, Mr. Humphries, with a prudence and caution high , ' proper and honourable in a professional man, refused to have any thing to do with any such engagement. The next acco un t of this paper was, that Mr. Wakefield, who always carried 1 about his person, went one day into the city to hi s b an k er ' s —then walked about the streets—then dined at an Hotel; then wenttu the play ; and, at last, discovered that he had lost it—and t it : Court was now applied to stay the cause, i nasm uch 23 the anonymous stranger h a d " s aid" th a t a seaman , for merly belonging to his Majesty's ship Alpheus, a nd t o his Ala , jesty's ship Grampus, had another copy, but the Grampus at present in the West Indies. This was 8 y ears a fter th e death of the deceased, and four years after probate had be en granted to the will propounded. Under such a state of c ircuat ; stances, the Court could by no means list e n to th e appaeation and in proceeding to judgment, would only o b serve , that ta; Robsons, who prayed th a t th e w ill e flBos ( w hi c h l e f t t h e wiva e e ,property between M rs . R o b son an d h er d aug h ter) m ight v .! established, or else th a t th e d ecease d m i g h t b e pronou nced T i have died intestate, had equally failed in proof of their case ;: 1 2 4 the Court, therefore, confi r m e d the w ill o f O c t o b er , 1815 ; " decreed costs against the parties opposing the same. 1