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

t~~ ~~, , w ~, . • . I'' ) per" t4'111* • • • ' 4A 110 I • ..... 4ti / 1 - 1 -- -1 -0' -/ / og • t, rn 741ej V i n i rt • f 1,46 )7 4 ni f / 4' 11: et . S u . - • e smolt- 4 r , + ~: aS .~ tRCIi • . • fa", /A/ Lord As very porters THURSDAY EVENING, NOVEMBER 11, 1824 s some , for he the in. ;0 ably o yield second uncle, :s more ing his w lnvl• tin, un._ [nigher, minutes look. Is man, Iton and ground, on the enced a q'ed's or on as rsory.-- NUMBER 10,036. PI CTibiLLING-OFFICE, Oct. 30 PRICE SP:VENPENCZ 1824 T HE COMMISSIONERS for VICTU4L . LING'His MAJESTY 'S NAVY, 4c. do hereby give Notice, Thal on Friday, the 12th November next, they will le ready to receive Tenders in writing (sealed up), and treat forth supply, on separate Contracts, of all inch quantities . 0 1 LOAF BREAD as may be required for the use 'of the glAters and Men attached to the 4M, SM, and Gth Divisions 'irthe Coast Blockade for, the Prevention of Smuggling in the counties of Kent and Sussex, from the 18th ,November Heel to the SUM September, 1815. inclusive. The Conditions of the Contract May be seen at tlis Office ; " applying to Captain M'Culloch, at Deal; AA. Reeks, dgeutAr the Victualling at Portsmouth . ; and to the Parsers of the respective Divisions. loc h Tender must specify Me Price in words at length, awl be delivered before Oue o'clock on the day appointed; und must be ate:•ompanictl by a Letter signed by two respell 'ill! Persons, engaging. to become bound with the Party f."e lub', in the Penal Sum of 1001. for the due perform anti of each of the Contracts. ne Person who quakes the Tender, or some Person on his must attend to answer when called for. 31. 1.V.411.LER CLIFTON. TRINITY COLLEGE, DUBLIN. Till next QUARTEitLY KXAMINA. TIONS will be held for the Class of SENIOR SO MISTERS, on FRIDAY and SATURDAY, the 21st and 22c1 of JANUARY 1825—for that of JUNIOR SOPH IS .TERS, on MONDAY and TUESDAY,• the 24th and 25th. .SENIOR FRESHMEN, on . THURSDAY and YRIDAY, the 27th and %Rh—and for - JUNIOR FRESH ,MEN, on _MONDAY and TUESDAY, the 31st JANUARY and Ist FEBRUARY. - • • • • LAW INTELLIGENCE question would have been submitted to the Jury," but 'there could be little doubt of their answer. The nonsuit, therefore, which Was better for' the plaintiff than an adverse verdict, was right. MORETON V. HARDERN ANT) OTHERS. This was an action on the case, against the proprietors . of a stage-coach, for so negligently conducting it, that a cart of the, plaintiff's was overturned, and his leg broken. At the trial, which took place at Chester, it appeared that one of the pro: prietors was on the box, and that the coachman had delivered the reins into his hands. Under these circumstances, the Learned Judges thought the first count, which alleged that the coach was under the management of a servant, disproved, and that the action ought to be in trespass, and accordingly non suited the plaintiff. Mr. J. wards moved fora rule to show cause why the nonsuit should not be set aside, and a new trial had, on the •I ground that the second count of the declaration was sustained, and that the action was rightly brought. The County granted the rule, Observing, " We sh a ll se e . what the othe r side say to it." HENRY-WRAY, Senior Lecturer. EDINBURGH UNIVERSITY. rirHE - "SENtITUS ACADEMECUS of the UNIVERSITY of EDINBURGH have Resolved; in order to be able to ascertain the regular attendance of Medical Students : 1. That every Medical Student shall matriculate and in scribe his name in the Album of the University in the month of November, unless he obtain special leave, on application to the Faculty, to enter at a later period. 2. That he shall inscribe his name again in the Album in the first week of evaty • month thereafter till the end of the Session. HARVEY V. RUSSELL. 3. That no certificate of attendance on a Wintg's Session, sUch as is required for graduation, be {*ranted to ahy Student whose name has not been regularly inscribed by himself in the Album qt all the six periods above mentioned. 4. That also every Medical Student who matriculates for the Summer Classes shall inscribe his name in the Album on or before the 15th of May, and thereafter in the first week of every month, as directed for Students in the AVinter Session. • . S OCIETY OF ANTIQUARIES OF LONDON, NOT' ' • tionierset-place, 4th Nov. 1824. ICE IS HEREBY GIVEN, that the WEEKLY. MEETINGS of THIS SOCIETY will be !nlled on THURSDAY EVENING ., .the.lBth instant, 14%4 usual hour. . . . , .. . -N. 11. M the time of the first inscription .for the Session, each Student pays the usual matriculation fee of Ns., but no fee is paid at the subsequent inscritious. . . • .. Extracted by Order of the Senatus, • . . , ANDREW DUNCAN, jun., Secretary. Edinburgh College, Oct. 13, 1824. , . NICHOLAS CARLISLE, Secretary. RED DEER. WANTED to Stock a PAR K, both STAGS and HINDS, for which a good price•will be given. Apply to Mr. Peat, Saddler, Piccadilly,., London. THREE lIUNDRP,D SCOTCH BULLO(CKS. FOR SALE, • NEAR B .ROMSGROVE, , WORCESTERSHIRE. • O IIT BE SOLD BY AUCTION, WITHOUT RESERVE , 7 ,:r. WARDi- at 'the Ti PWN ' S END FARM, near the 11•ItAll MILL IthINN, BROMSGROVE, on WEDNESDAY, 152, • of November, Itti , t. ..11:W Q HUN D a El) WEST ISLAND SC Four Years POLLED, oIVIZ HUNDRED CAI. I OW 1Y POLLED, Ditto. 1 ,. . 1 • L . .... . 2'. " a"Ve will be found Well worth the attention , of Lisa -. 1 4, ~ .1 Butchers, 844. • . . Sale to begin exactly at Teo o'Clock. ........_ NOVEMBER 2, 1824. AT a MEETING of the COMMITTEE appointed for the purpose of taking into their eonsidera ! " the PLAN pro Posed by Lieut.-ColOnel TRENCH, for making a QUAY 'on the NORTH' BANK of the RIVER 4114 AIES. Royal Highness the Duke of YORK in the . Chair. • • , Committee having had under their con s id era ti on t h e foi e) wing Documents l at. A statement made by Lient..Colonel Trench to the Sub. lite.i n pittee, and ord ere d to b e printed for the use of th e G e . 1 Committee. 4 u. A Joint Report of Mr. Philip Wyatt and Mr. Rennie, relative to the first division of the intended Project. id. A' Joint Report of the same Gentlemen, relative to the "sand division, in the form of a letter to Lieutenant-Colonel 4. Nutt, 4th. The opinions of eminent Counsel upon the points di 'Qat to be referred to them. 6 th. A L etter f rom Lieut.-Colonel Trench to the Chairman at the l ast meeting of the Sub-Committee, detailing the result ' o a his interview with two Lords of the Admiralty, viz. Sir ( 'Ne Cockburn, and Sir George Clerk. A nd having also in s p e cted the Pl a ns an d D es i gns l a id be u're diem by Mr. Philip Wy a tt, and h a vin g h ear d the further eltplanations given by Lieut.. Colonel Trench -1,,:!P0n tan motion, of the Duke of Rutland, seconded by sahseount Lowther, ce to the following Resolutions g— at the Plan proposed is perfectly practicable, and that it , greatly improve the Navigation of the River ; contribute .„ I .NY to the embellishment of the Metropolis, and to the health, -"stort, and advantage of the Inhabitants.. . That the surn . of 611,000/. will be sufficient to complete this t National Work, according tattle Eatimates of Mr. Philip ,rYatt and Mr. Rennie ; and the committee are of opinion, 4vt•etn the information laid before them, that the Annual Re treLr!e to arise from the use of the. Quay and 'Buildings to be "'et' will ff d f • uneration for the capital ex. I'liat it p e ,, d(4. aora MT tem eall e a is expedient to establish a Joint Stock Company, to be t4 trta 11l: THAMES QUAY COM PA N Y, for carry ing t h ts purpos e king into effect, and for raising a sum of 611.0001. for that with s , hards ofloo/. each. And that books be thrth shi ePened at the Honorary Secretary's Office, No. 20, Demi soht4ei's, trect, Poriland-pls.ce, fur entering the names of such, per. its be disposed to become Subscribers ; and that the 410,1;ilreer,oetiv,efrio)aturtytime to time, submitted to the Committee for their tes.. ()nation, as to the'nuiliber of Shares to be.allowed to each applying for the same • and that the Secretary tiat e T t ai o i n each person with the number of Shares so . appro. i°Aer nun or her, who is thereupon to pay a of 21. NeN rt u :',.,uPon each 100/. share, into the Banktng-House of fiuoutts and Co., or of Messrs. Drummond. t o 4 , 4 ' the following Noblemen and Gentlemen be requested n1:1401,111:01,12co, am:tined of Management, and to adopt all MI6 hi , ? t ea as they shall think proper for carrying the foregoing intoeffect, with power to add to their number, and 14ietntIllsikefosuch arrangements with Mr. Philip Wyatt and Mr. ti tlln r earrYing the proposed plan into effect as they shall 1114 fi duc e the Duke of Rut. Sir Henry Harding ,Bart. M.P. 1 3,. Sir Ulysses Burgh, K. B. rod the Duke of De- M.P. e le ire Lieut. Col. Trench, M.P.' he o_, r rittii of Londonderry N. W. Ridley Colburne, Esq. h e tad of Rosslyn M.P. th e it'Lleannt Palmerston R. Gordon, Esq. M.P. L o u ' e°ll „,, t „Lowther S. R. Lu.shingt_on, P. sa e oexi ej W. Williams, Esq. The lornight Hon. the Chancel- John Irving Esq. M.P. `,,,,the Exchequer Alexander Baring, Esq. M.P. •,14„.„4`,1tht Hon. Sir Charles James Scarlett, Esq. M.P. Tl);gti G.C.B. ALP•• Mr. Alderman Wood, M.P. The R i ght O. A. gills, M.P. * Ti r io . s..Wilson, Esq. .P. ,bumvalu Han. Charles Ar- G. Hanle Sumner, Esq. M.P. not, m . p tton, J. Farquhar, Esq. Jae, G Y - General, M.P. F. B. Reaston, Esq. r aham, Bart. M.P. 1 . ettt,auvisable to print :Cl't-oonel Trench, and as t;4l.::LuPant it are Litho' r I d, iliT t er at in formation. s td th e ~leasrs, aP Coutts and Co. and Messrs. Drummond, be, ,1 1 2 tit 44 . 1 1 ) T .hereby, appointed Bankers to the undertaking. et ; that be, and he is hereby, appointed Arai- V ila .. mat Air. Rennie be, and he is hereby, appointed the s, • th e . stin i'• L4e . ake be appointed Solicitor to the Company, and e tim e be requested to continue his services as ValrXSearetary thereto. (1 4 th glege Resolutions, signed by order of Royal High. publishede Duke r 1 , n3 l - or., tle Honorary Secretary, be printed (Siin all the tiblic Papers, Ms all WM. LEAKE, Honorary Secretary. tia,l ll ao . r.y e d 3f4l , „Highness the Duke of York h twin g left the Chair, ;ON to t h e `4,9anitooogly,- That His Royal Highness is en. °tiled to it4lblyahltss p o r f ese tl n ii c s e, Meeting for the sanction. he has the statement as prepared by soon as the designs intended to , that both should be circulated EARLE'S OBSERVATIONS IN SURGERY. This clay were published in Ova. price Os. pRA CT 1 CAL REM ARK S on FRAC TURES at the Upper Part of the Thigh, and particu larly Fractures within the Capsular Ligament; with Critical Observations on Sir Astley Cuopertit Treatise on that subject— Observations on Fractures of the Olecr anon—Descriptions of a new Apparatus for securing the tipper Extremity in Injuries of the Shoulder-joint and Scapula—on the Ite,eatablialunent of a large portion of the Urethra—on' Mechanism of the Spine. By IIt:NRY EARLE, F.R.S. Assistant-Surgeon to St. Bartholomew's Hospital, and Surgeon to the Foundling Hospital. • Printed for Thomas and George Underwood, 32, Meet-street GRAY'S SUPPLEMENT TO THE PHARMACOPEIA. TUE THIRD EDITION, • Improved and greatly Enlarged: This day was published, in Octavo, price 14s. AL SUPPLEMENT to the PHARMACO AL being a TREATISE on PH AR MA COLOG Y in general; including not .only the Thugs and Compounds which are:used, by Practitioners of Aledicine, but also those which are sold by Chemists, Druggists, and H er b a li sts, for other .Purposes ; -together with a collection of the most useful Medical Formula; an Explanation ~ of the Contractions used by Physicians and Druggists ; and also a very copi ous I ndex, English and „Latin, of the various Names by which the Articles have been known at different eriods. By SAMUEL, FREDERICK (TRAY. Lecturer on the Materia Medica. Printed for T. and G. Underwood, 32, Fleet.street. The present Edition not only contains the Alterations made in the London Pharmacopoeia lately published, but also a large Collection of the most approved Horse and Cattle Medicines, and Perfumery. STRICTURES CURED, BY AN INTERNAL MEDICINE. This Day %Val published, . , By Callow and Wilson, Princes-street, Soho, and Sold by all 13ooksellers, The Third Edition, enlarged, price 4s. - . DIRAC:IICA L 0 LISEIt VATIONSonSTRIC- L TURF., and other DISEASES of the URETHRA, describing an effectual Mode of Cure by an Internal cine, and proving the application of instruments unnecei sary, and gemlally productive of injury. , Illustrated by Cases ; and on the Origin, Symptoms, and Treatment of Dis ease in the Rectum. By WILLIAM RENIOU, Member, of theltoyal College of Suiteons. London. Fran the difficulty of the Chemical Process in the Compo sition of the Remedy (the effects of which are defcribed in the cases contained in the Work), it cannot hr dispensed by prescription, or in the usual course of business. For the accommodation of the Faculty cud of persons ,residing abroad or in the country. the Medicine is sold in 'packets of 21, each, by Mr. Gifford, Chemist l 104, Stmt.. COURT OF CHANCERY, NOV.IO. A TRIP TO GRETNA-G REEN. WELLER V. WELLER. Mr. ROUVELL stated, that this was a petition from the mo t/1et...0f the defendant, a young lady, - a wand of,Court, who had departed for Gretna-green in company with a yoUng gentleman of the name-of Crampton, without the knowledge or privity of the plaintiff; or of either of the guardians. It was not that any fOrmulable objection was taken against this alliance. The lady owns One third of an estate, as tenant in common, which produced upwards of 9001. 'a 3 , ear. ,The gentleman has about 561. a year in rea l' estate, and '1,5001. in ready money.— The petition therefore prayed that the Master should be di. rected to ieport Separately--first, if the partiekwere lawfully mauled, and, in thatevent, of a su ffi cient settlement of th e ward's property. Th e 'gentleman had, by letters written upon the North road, signified his entire readiness to comply with the wishes of the Court. The Loan CitaNcEr.t.on observed; that the partiesought to have known that this was a grad' contempt of the Court. He wished the petitioner to state whit she knew of the matter of courtship previously to the marriage. Mr. ROUPELL said, that she admitted the intimacy of the young gentleman with the family of the ward; and it.was ge nerally allowed that he was of sufficient respectability to have satisfied the Court, as the guardianS, had drey been regularly applied to, would not have thought of refusing their consent. Loup CHANCELLOR said, that the conaent of the Court ought not to have been overlooked, the jurisdiction being more deeply concerned than any of the parties seemed to suppose,-=- The readiness of guardians to dispose of their wards did not always satisfy the Co ur t, b ecause i t was found that a young lady's fortune would often have the e'en of softening their opposition to a marriage of.wards to their own 5005. Nay, there were' cases in winch guardians found no objection to a marriage with themselvea,—ode instance Of which, as his Lord ship well remembered, had caused a guardian to appear in the pillory. The husband must have a suhpcanit served upon him on his arrival, to appear before the Chancellor, and give a more satisfactor account of his conduct . — Ordered to attend the Court on Monday next. • • • lIALE V. HALE. This was a question affecting the right to the reversion of a fee simple depending from a deed executed:by the common an cestor, the justly-famed Sir Matthew Hale. The pleadings now before the Court were in demurrer to a bill filed for the discovery 'of the deeds against the tenant in tail in possession. • Mr. SuittnEx supported the demurrer, on the ground that the plaintiff had not shown his pedigree, and that he had prayed discovery anti entire relief—two objects which could not, ac cording urthe practice of the Court, be comprised in one and the same bill. Another objection was, that the defendant had enjoyed 20 years' adverse possession, !with receipt of rents, without 'opposition from the plaintiff: Mr. HEALD supported the bill, and observed, that the ob jection could only oust the bill in case• the petitioner could be shown to have no title to any • portion of the relief prayed. It was no objection to . say that he asked for full and final relief; or that he was not entitled to all the relief asked. That the claim was sound in some (levee, might be more safely interred from the unanswered allegations on the file, that the defendant had offered the petitioner a considerable sum of money to sur render up all his right and interest in the property. ' The bar of 20 years' - adverse possession was removed by the peculiar eirepmstances of the case, and the refusal of any Inspection of the deeds, which were in the possession of the defendant. The Lonb CuAxeLt.t.on affirmed the judgment of the Vice:Chancellor, giving, however, leave to the plaintiff to move for leAve to amend his bill, for which a month was allowed. From the indisposition and absence of Mr. HA AT, who was found to be engaged in other causes uon the paper, the Court was induced to rise a little after one o'llock. vremeridiNcur,mrs COURT, Nov. 10. WEALL V. lllt'll. Mr. ilannea stated the nature and the 'pleadings of this case. A Mr.lircene, wlh'tsc daughter was abo u t t o b e , marr i e d . to Mr. lienry'Rice, entered into an agreement, and contracted to settle, either by a T,onveyance in his life-time or by will, pro perty to the amount ot' :1,000/. as a marriae tion for his daughter. The agreement stipulated th a t the money should be settled on her tier her life, anti after her death to go to Mr. Rice and the children of the marriage, on thei r a t ta i ning t h e age o f 21. The sum of 3,0001. W as not settled by 3lr. Greene in his life-time, but the interest was regularly paid by him to Mr. Hive and his wife. Mr. Greene was new dead, and had' left a will, in which, among other things, he devised an estate there. in mentioned to trustees for the use of his daughter, Mrs. Rice, during her life, with remainder to her husband during his life, on condition that he should, out of the ,protits of the state, main tain and educat e t he Child ren of their marriage; with remain. der to the same children on their attaining the age of ; with remainder to their ham, living at the latter period •; and with remainder to the test ator ' s r i ght heirs. This devise,. the Learn. eel Counsel argued, was intended by the testator, and must be considered by. the Court, to be a satisfaction 'and performance of the covenant contained in the agreement.. ~51r. Rice, how.; ever, had been'advised that he had a right to compel, the speei tic performance of the agreement, and had therefor* brought an action against the ex ecutors. The executors,Toe the parpose of defending themselves against the claim, had tiled a bill in Court: to restrain 31r.'Rice'from proceeding with his action. To that bill Mr. Rice demurred, and that demurrer was fur the decision of the Court. Mr. SUODEN appeared in support of the demurrer. Ile contended that the. will of the testator was not intended to be a perforimuice of the covenant. Ile argued that it could not be a satisfaction, for that implied an intention on the pate of the testater that his bequest should satisfy his covenant ; but no such intention was apparent here. The Learned Counsel sup. ported his arguments by the cases of Mathews v. Mathews, .Faulkner v. k'Sulkner, and Haynes v. 3lycoe, Brown': Report's. ° 31r. liartnuit was heard in reply. The VICE•CITANCELLOIt said, that there were many cases in books, besides those quoted respecting the circumstance of difference, which the Court would call Slight. He should take some time to look into those cases, and take an early opportu nity to give judgment. WYNNE V. CALENDER. 'Mr. GIIIDLESTONE stated that the plaintiff applied for an injunction to restrain the defendant and two otter persons, named Fleming and Charity, from passing certain bills amt. change, which he alleg e d were riven by him without receiving any value, but m ere l y as a gambling debt. It appear e d t h at an Impertinent allegation had crept Into the bill, and leave was therefore given to amend it. COURT OF RING'S BENCH, Nov. 10. MONEYPENNV V. ItAIiTI.ANUAND OTHERS. This was an action by Mr. Moneypenny, an architect, against the Committee for managing the erection of a bridge across the S evern at llythe-hill, near Tewksbury, to recover compensa tion for his labour in making plans, specifications, and an esti mate. At the trial before the Lord Chief Justice at West . minister, it appeared that the plaintiff' had not made sufficient inquiries respecting the bed of the river, and acco r di ng ly hi s estimate, being formed on eroneous prin c i p l es, proved Made . There were also t wo technical objections erY"flrst' that the C ommittee were not by Act of P ar li ament ; and liable,se tqouhatis e to sloatitlie i l e elo br P i r d eell g cev was built condly, that the plaintiff could not sue, as he was him se lf a subscriber to the bridge. The Lord Chief J ust i ce thought the to action could not be sustained, and the plaintiff* was nonsuitecl. The A T T ORN E Y-0 N ER A L now moved for a rule to show cause why the nonsuit should not be set aside, and a new trial had. It was true that the estimate made by ai r . m oneypenny had turned out eroneoua, in consequence of a singlennstake ; hist it did not follow that he had to receive no compensation fbr his ,journies,. his plans, and his labo r i ous services on the spot, which he performed at the request of the Committee...- The bridge had been built in the position which he recom mended ; and though the plan was afterwards changed by the by the recommendation of Telford, the civil engineer, he was not thereby deprived of his claim to recotnpense. - The Co o lir, though inclining to think t h e technical objec tions good, refused the rule on the point raised on the merits. It was highly important to the public, that gentlemen of Mr. Moneypenny's profession should know, th at w h en they are employed to make an estimate, they must use reasonable dili gence to ascertain the real amount of expellee to be incurred, 9r they will be recluded from recovering any damages in a court of law. They were not to select particul ar parts of their work, and insist on compensation for those, when, in the gene-' rid result, their exertions were mischievous or fruitless. In this instance, if the Attorney-General had desired it, thi s This was an action for verbal slander, tried before Mr. Ba. ron Bullock, at Lancaster, when the plaintiff had a verdict with 20/. damages. The words proved were—" You are a rascal.-- a scamp. I have taken from you try work myself, and have prevented you from having many hundred warps to size frmu other manufacturers, which you would haite had, but for tity persuading them not to employ you." Mr. Serjeant Cross now moved for a rule to show cause why the judgment should not be arrested, on the ground that the words were not sufficient to sustain the action.—The COURT granted the rule. MILLEN v. SPRINGFELLOW AND WIFE. ThiS action was brought to recover damages for malicious mischief to a picture. The case was tried before Mr. Justice Burrough, at Chelmsford, when the Jury found a verdict for the defendant.' Mr. Apo r.pin us now moved for a new trial, on the ground that the verdict was contrary to evidence, and the direction of the Learned Judge.' The case was proved by a servant of the plaintiff, who left the defendants in the room where the picture was, and who found it defaced shortly •after their departure. The Learned Judge told the jury, that if they believed this witneits, on whom there was no imputation, they must find a verdict for the plaintiff, and ought not to confine their damages to the cost price of the picture, as it probably was rated at a higher value by its owners. Notwithstanding this direction the jury found a verdict for the defendants. The Coups' understanding that the value of the picture was under 201., said the case came within their general rule, and refused to disturb the verdict. The rule was founded in mercy to parties who would have to pay the costs of the first trial, and thus would pay very dearly for the chance of a Second, in which they might also fail. They cou ld not , t h erefore, interfere with the verdicrof thejury. THE XING V. RUSSELL AND OTIIEII9. This was an indictment for a nuisance in building gears in the river Tyne. The case was removed from Northumberland to Yorkshire ' on a suggestion th a t a f a i r an d i mpartial trial could not be had in the former county. A t the trial it appeared that the defendants, who occupied extensive coal-wharfs on the aide of the river, had erected two gears on its bed for shooting coals into the vessels in a more adventageous manner. The gears were buildings of wood and iron, 36 feet in bredth, about the same height, and projecting 191 feet into the river—about one-eighth of its bed. Several witnesses proved that inconve. niences to craft navigating the river arose from these buildings. The Learned Judge, Mr. Justice Bayley, however, left the case to the Jury on the questions whether a public benefit was derived from the Mode of shooting the coal? and whether a public benefit' outweighed the public inconvenience proved ?, The jury found A verdict for the defendants, upon an agree !tient, that if the direction of the lettrned Judge should be found erroneous in point of law, a verdict should be entered for the Crown. Mr. Buoutatrast moved for a rule to show cause why the verdict. should not be entered for the Crown, chiefly on the ground that the improved mode of shooting the coals was not a public, but a private benefit, and conseqiently could not'bc set against the inconvenience sufferetiby the!public. The defend ants, by this *means, were enabled to sell coals better; but it was more probable they would sell them dearer than cheaper; and thus the direct advantage would be entirely their own. They were not bound to sell at all, and mightlix their own price: Now, suppose a publie4iouse built across a public way, that would be much more a public b e n e fit, because the inn-keeper would be obliged to entertain all who applied •at reasonable hours, and yet surely that would be a public nuisance. The Cott n'ic granted a rule to show cause. THE KIXO V. THOMAS 1117011E9. This was an indictment against the defendant for perjury, which was tried before Mr. Justice Burrough at the last assizes for Guildford. The defendant, in 1022, prosecuted two persons named Chandler and Bamford, for stealing lead from a house which be occupied, in the vicinity'of Guildford. On that trial he swore that lie saw the two prisoners at his house on the night of the robbery,'When they were ObseiVed by a watchman, named Sugar, and cursed him for discovering them. Th e m en w e r e acquitted, and afterwards preferred the present indittment, in which perjury was assigned on the defendant's testimony. at the preceding trial. The case for the prosecution was principally sustained by the evidence of the two men and 'Chandler's uncle, and was met by the evidence of the watchman, who swore the men were on the premises. The Jiiry returned ti verdict of guilty. .Mr..llitoburcst now moved for a rule to shew cause why a new trial should not be had, on the ground that the verdict was contrary to the weight of evidence. The bearned Judge told the Jury, if they believed the watchman, the defendant wasen titled to an acqu i tta l. lie had also a ffidavits, tending to show that the case ought to undergo a second inquiry.—The COUILT granted a rule to show' cause. COURT OF COAIAION PLEAS, Nov. 10. ( Sitting: in Raman.) DOCTOR v. sisrATys. This was an action for an assault, tried trt the last Guildford Aasises, before Mr. Baron Graham. The plaintiff supported her case by the evidence of her two daughters and two women named Saunders and Bell. There was a gr eat d ea l of contrary gross side perjury tliey wotagive'credit, at one sid e or th e swearing' on the other side, and the- Learned 'Judge who tried Wwh gr ic other. he Jury, after deliberating for some tiene(after a trial observing, itleft it t o the Jury e t o must sa y be of five hours), gave a verdict for the plaintiff; dama ges one shilling. Mr: Sergeant TAM'S% for the defendant, now moved for a rule to phew cause why the verdict should not be act aside, and a new triatgranted. The ground on which he rested this mo tion was, that the defendant was taken quite by surprise by a part of the evidence produced for the plaintiff; which he was not able to answer at the time, but which he was now able to contradict in the most satisfactory manner. Part of his affida vita were now read, from which it appeared, that - the witnesses Saunders and Bell were not present at the transaction, and that Saunders herself admitted to a Mrs. Merry, that neither she nor the witness Bell bad been present, but that she was deter mined to go and swear it, in order to "bring Mrs. Doctor through, atut to get the better of . the 'defendant." Mr. Ser. geant 'faddy admitted, that the application was against the general principle which the Court laid down to itsdf in such cases, but he rested upon the peculiar circumstances of this case ; and he submitted, that they were such as to justify hint in calling for the rule. It was true the verdict was for merely a nominal sum ; but it carried costs in the action ; and inde pendently of any pecuniary consideration, the defendant was anxious to remove front his character an imputation which he contended had been most unjustly, and by means of gross per jury, cast upon it.' • Lord Chief Justice BEST said that, however small the da mages, undoubtedly it would be a great hardship on a defend ant to have a verdict , obtained against hint by means of gross perjury ; lint the 'Court'could not go into that ground now. As to the ground of surprise, it would be a good one for dis turbing the verdict, if it were satisfacto r il y ma d e out; but t h e Court saw nothing in the circumstances before them which could have prevented the parties who now made affidavit from appearing at the trial, and stating there what they new swore. Under these circumstances, they would not disturb the verdict. _ _ The other Judges concurred in this opinion.—Rule refused. • Min'REAb:lt V. BLOOM. This was an action for an assault, tried at the last Norwich assizes before the liord'Chief Baron. The declaration contain. ed two coonts,:complaining of the defendant for assaulting and turning the plaintiff out of a pew, which she alleged to' be her property. To this the defendant entered five different pleas : ffrst, the general issue; the second and third, son assault dc. mem* the fourth, that the plaintiff had improperly entered his - - pew, and that he merely molfiter znpnvizit mantis to turn her out ; and in the last plea was stated that the pew belonged io the defendant, and that the plaintiff enteted it Without any right or authority. The Jury brought in a general verdict ofguilty, and gave one shilling damages. It afterwards appeared that issue had been joined only an the first plea &general- issue but .although replications had been put in to the other plias, WI • iimilariters had been added, so as to bring them fully to issue ; um/ it was now contended that the verdict was irreatilar, as being given on all the pleadings. fpoerl. T e "l ic i t e ittei o (iin o tai t tl r e elatistrsouweas of opinion that the defendant might have Sergeant'hefbre „w il e dne t ti ty o b w o n m t o o i, t e r d i ; iint ir t d h a t h t e h ;t i r ad e Getter look into it 'again before the parties were put to' further expellee. The case therefore stands over for,the present, onEic Loasr.--,liewiTra V. HENDRIK& Mr. Sergeant tr. moved for a rule to have the verdict in this case Set aside. It was a 'case which, his Lordship (the Chief Justice) would recollect, related to an endeaYour to rake a loan for the Greeks. The Loup CitrEr JurrtcE.—Yes,. I remember; and I re collect that when the case was tried before me, I w &opinion that the plaintiff ought to he non su i te d on this isoita- as ...that it is illegal in the subjects of this country to make a loan to the sub jects of any other who are contending against their Sovereignt— that Sovereign being in amity •with out Government. My brother, Wildc, however, who was in the other case (one ariti. ing out of the same circumstances, in which the jury gave in verdict for the plaintiff—the illegality of the transaction on this point not having been set up as a defence), did not think fit to take up that point. Mr. Sergeant PELL said, that the principle on which the two cases rested was the same ; though in the present case the ver. diet was for the defendant. The learned Serjcant then proceed ed to state the circumstances out of which the action arose. It was, he observed, an action brought to recover certain powers of attorney and other documents which had been placed in the hands of the defendant. The . plaintiff t it appeared, came to this country for the purpose of raising certain sums of money for the service of the Greeks, he donning to have received autho rity from them for that purpose. hie applied, through a Mr. Comtes, to defendant, to assist him in this object. The de fendant expressed his readiness to do so, but required that sonic security should b e l e ft w i t h hi m . Mr. Comtes deposited certain Spanish bonds, and the plaintiff, on his part, left the instru. ments which lie sought to recover by the present action, consist ing of documents purporting to be warrants of attorney from the Greek Government authorizing him to raise the money. The .loan, however was not raised, and th e b us i ness u l t i mately fell to the ground.' Soon after, Mr. (Antes applied for the retu rn of his Spanish bo n d s , the plaintiff also applied for his warrants &attorney and certain engravings of scripts. What might be the intrinsic value of the other documents, the Spa- ' nish Bonds at least were saleable securities. The defendant re fused to delivertlem up. It is true that they were not worth as much as they we r e originally expected to produce, as he feared many persons had found to their cost. The Loan CHIEF JUSTICE—The Jury (in the case of " Countess v. Ilendriks") seemed to be of the same opinion, as they gave a verdict for no more than CIO/. for a bond for tl,OOO/. Air. Sergeant PELT, observed, that they had risen since, and were likely to rise higher if the promises held ont be kept. The def e nd ant , as lie before observed, refused to deliver up the documents in his possession, until the expence s t o w hi c h he had been put w ere paid him. These expences were offered, but lie still refused until he was paid u commission on 6,0501. scrip, which it was intended to raise, but which scrip, in fact, never came into the market. The question on the first trial (Collates' case) was, whether, under all the circumstances, Countes had if right to recover. The verdict of the Jury was in his favour ibr fill he claimed, deducting the expences of :de fendant. On the trial of the present ease, however, the defence set up was, that the whole was a fraud, and that plaintiff bad in fact no authority from the Greek Government. What bad fallen froM the CluefJustice on that occasion was strongly stated to the Jury, who founded their verdict on the point. Now he contended that this defence, if good: at all, ought to have been set tip' in the other case. The Lout) . Cum.? JUSTICE observed, that Mr. Serg e a n t Wilde did-nOt seem to have had all his tackle about him at that time., '''"i tr 111 r. Sergeant - Cc% Lnit said, that he got rom Its Lordship, and was happy to avail himself of the assistance of the COII4IHI the occasion. • Air. Sergeant PELL submitted, that supposing this to be a loan in aid of the struggling Greeks, even though founded on insufficient authority, Null there was 1..0r - rinciple which could prevent the plaintiff from recoveri4c4P•4 documents Ire had lepOsited, even admitting that thitylliVere trot intrinsically va luable. Mr. Justice PARK (as we understood him) asked, " Sup pose money had been lent to carry on rebellion in this country againSt the lawful S overe i gn , cou ld t h at b e recovered b y law ? The LnutoiCitiEF JusTicE said, he hail left the whole case to the Jury. to be decided on its merits, and they found, verdict quite to his satisfaction. lie had left it to them to ,say whether the instruments were not fabricated. The instruments were in modern Greek, and there was no person present to trans. late them, or to prove what they were. lie read the whole, of the evidence (his Lordship here went over it again). it appear ed (his Lordship continued) that the whole plan of the loafsrtll to the ground, because it was believed that the Instrumentsvitie fraudulent.' It was proved, too, that the signature of the .fix- arch was not made in London, but in Greece, and there vOts a 'doubt even as to the anthenticit3r of that. Mr. Serjeant PELT. submitted that whether the loan was genuine or not, it made no difference in the plaintiff's' right to recover, the instruments which were of value. Some of them were on stamps, on the return of which to the Stamp-office en allowance would be made to s bn. There was, he contended, nothing to substantiate the statement of frautt'whieh had been so strongly made by the Lord Chief Justice., Besides, the plaintiff was liable to Cowes for the amount deducted from his claim for flendrik's bill, anti there could be no doubt of his (Comte?) right to recover. • The Lahr) CIIIEF JUSTICE.—I am dearly of opinion that the whole was a . fraud. The jury so found it, and Ido not know how to separate any one part of the Cate from the other, or see that any one part of the case is more free titan the other from the imputation of fraud. The othei.ludges concurred in this opinion, and the applica tion was refused. HIGH COURT OPADMIRA ADMIRALTY, Nov. 10.' • THE APOLLO. In this ease the court was occupied throughout the day Jit bearing the argument of counsel, which wits not 'completed when the Cotirt rose. The facts were stated in our Paper a Friday last, • Disco VEttY OF GALVINISM.--.The discovery ckf o f :i b n a g t dine ta the ellbcts of electricity on animals took place at the time tro . ut p so ro m fes ed so ti r ng or l a ik n e w a o n m a y ee il l i d d en ie t. Unly 'l em te w it i y fe ( declining state of health, employed as is restorative, accordingto the custom of the country, a soup misled frogs. A number of these animals ready skinned for the purpose of cooking, werelying —with that comfortable negli g enc e com mon b ot h to French and Italians, which allows them without reptivance to do every. thing in every place that is at the moment most convenient in the professor's laboratory, near an electrical machine, it being probably the intention of' the lady to cook them th ere: . While the machine was in action, an attendant happened to touch with the point of the scalpel the crural nerve of one of the frogs, that was - not far from the prime conductor, when the' limbs were instantly thrown into strong convulsions. This ex. , perlinent was performed in the absence of' the Profeasor, but it wart noticed by the lady, who was much struck by the appear. ance, and communicated it to her husband. He repeated the experiment, varied it in different ways, and perceived that the convulsions only took place when a spark was drawn from the prime conductor, while the nerve was at the same time touched with a substance which was a conducto r o f e l ec trictv (rt.ogs de Gakani.). ll Nov. 9.—The sof wild-fatal in th e mar . ket o n f lciT late hays show eep considerable for the season; this looks as if winter were fast approaching upon us. The herring fisher/ promises prosperously ; fourteen for sixpence was the . price in die streets yesterday. seta 'The. late high winds blew down one of the vanes from the broad tower. of Lincoln athetirld as well as the pontlerouS ball on which it stood . The hall 611.4 , 1,0 great , force an: the roof - of the church, making large then the lead, but was. prevented ; from-going thro a tigh to ap the one groined root beli4, by the strength of the rafters. The vane n te ae ll i t e o w t h h i e e g h r h ti t d hts nearisffutheerectlio;rsitet is rs.fealrtedisetilalet the e rtt p ea s a st i p t i h n ; other three pinnacles are in nearly the same decayed state. bo den ied. hit At tin ,ir,g fres ll : , 1 09 °''%** hyNi to o dyAnc , . , xsk, luta lOter to la uo , l a w u o st. guns urihl knot' .. • iglition. wi n p : 11 4 h a d n l t u : 4 er Lict t rl l ut afro wor int, shot libridg e n ; la te d befo F 8 4 0 0 u t , t u• t o , tO t o 0. i 0 1,. 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