The Sun. — London, England, 1824-12-03 00:00:00

FRENCH PAPERS. r . Frota the Itionitcar of Tuesday, Nov. 30.) NO OFFICIAL ARTICLE. ROME, Nov. Is.—There has just been pub lished in thie , capital a Pontifical Decree of the highest importance to the administration of jus. lice, the course of legal proceedings, and the cl , arges upon them. By this molts proprio his Holiness first of all recalls all that his predeces sors, especially:Pius VII., after the re-establish ment of his authority, had, .undertaken on the same - subjed, for the sole purpose of rendering the benefits of justice more acceptable .to the people by simplifying the forms and diminishing the. expellees. ' "'PertUaded," says his Holiness, " that in so weighty . a matter.we could not take too many precautions, nor avail ourselves of too much in formation, we began by forming a committee of Doman lawyers, the most respectable for their learning, their wisdom, :and their attachment to .the Holy See ; we have Charged them to lay be -1 • fore us a plan adopted to our object, protesting before hand that no personal sacrifice would be thought too great by. us to cause the execution of it, whatever additional expence it might cause 011 F Treasury, having nothiog so much at heart as • - to procure to our subjects the greatest good with . the least expence to them." From the laboura the , committee the examina tion made of it, an d th e approbation given it by the deliberative committee of Cardinals, a new ,code has resulted, contained and published under three heads:--'t ftefortnation of " the system of ~poblic administration ;" c‘ Reformation of the civil procedure ;" 46 Reformation of the tariftol taxes in judicial proceedings." By this new plan the too great number of delegations is reduced : special judges have been substituted for some tri bunals of the first instance; the number of ma gistrates has been reduced in some places, some insignificant tribunals suppressed, and, what, Rome_ has long wanted, a tribunal of commerce has been erected. A better composition of the councils is provided for .by proportioning to them the number of persons belonging to the different wrier; of the States. " The nobility," says the mobs proprio, ( I pre serves in them the distinction which it should enjoy in all civilized states ; the class of proprietors nc, besided its ,rights of suffrage in common . deliberation, more'rimple and unrestricted attri butes for the care of its own affairs. But what has chiefly excited our vigilance," continues his Holiness, " is to maintain in all its lustre and vigour the episcopal jurisdiction, re-established in the exercise of all its prerogatives, as it enjoyed already in the time of our predecessor, Benedict X I V, of blessed memory." Lastly, the costs of law proceedings are fixed at a certain and moderate standard, and the old custom of, advocating ecclesiastical causes. in . Latinond lay causes in the vulgar tongue, is reslored, « in order," says the decree, 44 to suppress that offensive absurdity, contrary to the go )d administration of justice in which every thing should be regular and uniform, to hear at once iu the some sitting, two different languages, when affairs of the subjects of the same Goverlf. ! meat aro treated of.'" This maim proprio,whiOt will constitute eu era in our judiriat Is ;riven at the'Vatican, Ok t. 5, with this clause—" Tie Anniversary of our Coronation." ( ?roll the Eti4le of TVrdrresday.) M Amur), Nov. t25.---Since.the'l3th, the King, who still resides at the Escurial, had been more or less attacked with fits of the gout. Each day R bulletin has been published of his Majesty's health. That of to-day states his almost eptire ,restoration to health. The Peninsula and almost the whole of Europe, witnessed with horror the events which took plafe in OW castle at Corunna in the month of July, 18'23. The rebels, who styled them. selves Constitutionalists, destroyed in cold blood the lives of 51 of their fellow.citizens, whose only crime was that of fidelity to their King. So. horrible a clinic demanded the vengeance of the taws ;" and the guilty have at length been pubish.' ed. Nine of the principal assassins have been condemned to be hung. One of them, a shoe mu ker by trade, sung the Tragala at the foot of the 'gallows. . .P,tuis, Nov. 30.—1 t is not true, as stated in the morning papers, that the 'Marquis de Talaru has tet out for Madrid. ( Me Journal des Dehats.) PARIS, Nov. 30.—The second letter of Viscount Chateau. briand to a Peer, on the Indemnity to be granted to the Emi grants, will appear on Thursday or Friday. This letter will be touch longer than the former one. (From the Constitutionnel. NI A DRID, Nov. Private Carrespoudence.l--The Council of Castille has just signed a Royal Decree ( cedulal of which it is impossible to find any example in history. 'You know that during , the Constitutional reign a large quantity of that uncultivated land, known in Spain by the name of Vahlios, had been distributed .among the aoldiery, and sold to indivi duals. Some of those who had thin acquired possession,began to cultivate their h nd, and the present decree orders, that these persona shall cease to cultivate• these lands,,and that they shall be , allowed to lie waste as heretofore. This Decree must be sa tisfactory evidence of the spirit which at present animates the iul ors of Spain. The Police is again employed in making all those persons leave Madrid who followed the Constitutional GovernMent from Seville to Cadiz, and who , were distinguished by any kind of writings opposed to the present Government...—. It is said that 4,00 persons will be forced to leave Madrid by 'this measure. Nothing. escapes the fury and the fanaticism of the governing party. M. Posada, the Bishop of Murcia, a man of such moderation as to be secure, in general opinion, front all persecution, has been , despoiled of, his Bishopric, and shut, up in a Convent. ilisunly criniais having been:appointed to his See by the Constitutional Government. The King is con fined to his bed in consequence of an attack of the gout. tEXTRACT OF ANOTHER PRIVATE LETTER.] The Infant Don Francisco has arrived at Madrid to make pre parations fOr his journey to Paris. M. lieredia, brother of the Ex-Minister, Count °Celia, is appointed Minister Plenipo tentiary to the United Statei. General Apodaca has been named Viceroy o' Navarre. Baron d'Eroles has been de clared by the Physicians . to be insane. In order to raise the credit of the Order of l'Ecu de. la Pidelitti, which has fallen Anto contempt, an order hat been issued that military honours I shall be rendered to all the persons decorated with this Order. The Journal of Madrid contains the following Decree of M. Rufino Gonzales, Superintendent General of Police:--u Art. 1. All persons possessed of books, caricatures, or pictures whatever, whether printed in Spain or imported from abroad, between January 1, 1829 1 and December 30, 1823, mutt deliver them up within thirty days to the Cure of their parish.--. 2.. All books, Tamphleta,.:or papers, prohibited by . the Church or Inquisition, shall also be so delivered up at whatever period they may have been published.-3. Whoever retains posses. sion of any arch books, Sic. after this notice, shall be sub jected to a Summary trial, and punished according to the laws. —4. The receivers of such books shall be punished as proprie tors.-5. Whoever informs of persons retaining such books after the thirty days, shall receive the third of the fine im posed, and his name 511411 be kept secret.-8. The month fixed for the delivery begins, in Madrid and other places, on the clay of the publication of this Ordinance.-7. The object of this Decree being to prevent the circulation of improper books, those, after examination, which are found to be inno cent shall be restored to their owners.-8. Every person must make out a double list of the books given in, and those who do not will be held to give up their right to the property.- 9. The Curds will make out a general Bat of all these books to be preserved in the archives of the parish., and shall transmit lists to the provincial officers of police, who are to make out a list from those - sent by the Cures, for the Intendants of the . Provinces, who will send them to the Superintendant-Gene ral of the Police. • " MARIANO RUFINO GONZALES. " Madrid, Nov. 14, 1824:" PAR ta, Nov. 30.—Yesterday, eleven persons were brought before the Court of Assize accused of various robberies ; their trial is expected to last several days. FRENCH Furos.-=Paurs, Nov. 30.—Five per Cents. opened at 100, 50. ; closed at 100. 80. Rank Stock, 1,970. — Neapolitan Rentea, 88g. Spanish ditto, Royal Spanish Loan, 52A.—Exchange on London, one month, 25. ; three months, .1. 1. 85.—(Cours Authentique.) ILLUSTRATIONS OF INDIA. THE DUTIES OF THE GOVERNOR-GENERAL'S AGENTS. TO TITS EDITOR OF THE ORIENTAL HERALD. Sin—ln the published intelligence Concerning the Iturrnese War, mention has several times been made of Mr. Scott, the Governer-General's Agent; and from the way in which 'that gentleman has been spoken of, it would seem that the military operations are confronted, if not directed by him. Among your readers are a considerable number of persons who are desirous of obtaining some acquaintance with Indian affairs, and who depend for their information entirely on your Maga: zinc. On them (of whom the writer is one) you will confer an obligation if you will bestow a few lines in your next Number on the explanation of the office and authority of the Governor. General's Agent. We hope to find that he bears no resem., blance to the Dutch Commissioners who clogged the operations of the Great Duke of Marlborough: Pardon this intrusion from, Sir, your obedient humble Servant, . Nov. 22, 1824. A Sunscarnen. NOTE or THE EDITOR. ' We are happy to have it in our power to answer the in quify of our Correspondent ; and take this occasion to say, that we shall be glad to reply to any questions of a similar natare, that may be proposed to us by those who desire information on ' any topic within our knowledge. A Governor General's Agent, of which there are perhaps a dozen in different quarters of India, Is a Civil Servant in the Political Department, who is sent to such points as occasion may require, with powers little i n f er i or to t h at o f a R es i dent, the name given to Stationary Ainbassitdors at the Native Courts. Such Residents as those•at Delhi, Hyderabad, Nag pore, Katmandoo, Lucknow, &c, are considered to be the Re presentatives of the Governor-General himself; and they exer cise almost unlimited power in civil, military, and political transactions, occurring within their respective provinces, r?ceiv big reports from numerous official dependents around them, and maintaining a correspondence with the Political Secretary at Calcutta , through wh om a ls o th e y rece i ve t h e suggest i ons or orders of ie Supreme Government as to the general line of policy they are to pursue, the details being generally left to themselves. An \gent of the Governor-General is but one step below a Resident. His powers are nearly the same In their nature, though never so extended in degree. The, Resident is station ary at a Native Court, with splendid allowances. The Agent moves in such parts of th e country as nifty not pusses a Court be a Resident, and has a smaller salary and' more limited suite. He maintains, however, a constant correspondence with the tical Secretary at Calcutta. The Military Commander, in the district in which the Agent may be, is sulject told: orders, as to whether operations are to be carried on, when, and on what scale ; but the details of such operations are generally, or at least ought to be, left to the Commander himself. It has perpetually happened, however, that the Governor-General's Agent, who is always a civilian, has assumed more on this head than has been agreeable to the. Military Commander, and per petual misunderstandings have been the necessary result. The office appears to be a useless one, since the Commander could receive his political orders from headquarters; and if he be tit for his command, he must be competent to do all that a Go. vernor•General's Agent, who is always a much younger man, can do. It is a branch of patronage, hoWever, peculiar to the Governor.Oeneral, and one du ;,ich few would have the virtue to recommend the abolition. For this very reason, however, it is likely to be in general most inefficiently tilled; and the whole of the Governor-General's Agents throughout India could, we believe, be better spared than any other class of public servant* whatever." L4N of the INTRODUCTORY LECTURE, delivered on Tuesday last at FREEMASONS' HALL, by Mr. J. S. BOONE. PANE IT A T lA.—As a defined method of knowledge, as. snored to be an improved method, and intended for universal auplicati(m. EXPLANATION OP THE CHIEF WORDS IN THIS DEMI. :'ION—KNOWLEDGE AND METHOD. -- Knowledge defined as a conception of things acquired by the exercise of .our intellectual faculties. Method of' knowledge defined as Ist. The mode of disposing the materials of knowledge. 2d. The mode of applying the mind to the consideration of these materials. 3d. The mode in which the instruments of knowledge or sings are contrived, arranged, and combined. The mode in which external causes operate upon knowledge, the best method of knowledge, that by which a just conception of things can be attained most ouily and most effiectuatill, by which our id eas can b e made ajust Copy or Representation of' the Existences in Nature, and signs ajust Copy or Representa tion of our id eas . Wh at Mr. 8 considers to he practically , the best method; or how a just conception of things can be at tained most easily and.most effectually the one subject of the Lectures. But before the Question is attempted to be answered, Mr. B. proceeded to examine in his Preliminary Address whether the: Question is proper to be asked. Here he chews, 1. That it is a question by far the most interesting and im- portant to mankind, by dividing all things which tend to the perfection of our nature in the individual or in the species, into the three, Nature, Knowledge, and Practice—and shelving that an in quiry into Knowledge must be preliminary to all others. 2. That the inquiry in its present form and extent is new. 3. That it is wanted in the present state of Society. 4. That peculiar and great advantages are derived from the mere proposition of the question in its present-simple, abstract and comprehensive shape —as a perfect unity, including a vast N ariety of parts; Z. That if' the question can be well answered, every thing , must be . improved —because the improvement of knowledge must he the foundation and corner stone of every other int provement.. 1 - C. 'That a Course of Lectures is a legitimate mode of con ducting such inquiries. 1 7. That them' therefore of the Inquiry is a most useful and practicable one, whatever may be the future means by which !lr. D. may attempt to arrive at. it. Recapitulation and Conclusion. • ' *.* We segret that we have not.space to enlarge upon the merit of this lecture. The language was correct, elegant, and forcible. , It was read by the Learned Lecturer, who, however, occasionally- illustrated the most important points by extern_ in langue as clear and emph a ti c as t p that n in eo w u i s ti e c r i p th la e n w at r i i o tt ns en , documen was expressed. We heartily wish success to Mr. BOONE in his future Discourses, and judging from the numerous and resp ectable au di ence that at. tented, ant i t h e app l ause w hi ch he received, we have little bes iwiiegllhlyas honourabl e an d, we h o p e , benefici a l to t h e i nter e sts of doubt Literature that theand result srien ee, will as advantageous to himself. LITERARY NOTICE. A REVIEW of the WAREHOUSING SYSTEM as con: nested with the PORT of LONDON. Taken from Par liamentary Reports and . oificial DOcuments. Dedicated to the Earl Of LIVERPOOL. By HENRY LONGLANDS, Esq. In our Paper of Saturday we gave extracts from the above Tract, chewing the view the au thor proposed to take of the important subject, the origin of the Legal Quays and Sufferance Wharfs, and the effects which it was anticipated would be produced by establishing the ware housing system ; in tracing the extension of that system the Author quotes the following pas. sages : ",The leading principle of the warehousing system virtually carries with it a sufficient compulsatory power to oblige the merchants to deposit their goods at particular places ; because such goods as fall under the warehousing system will only be entitled to a suspension of the payment of the duties on their being deposited in warehouses allotted by the public for their accommodation. " I conceive that there will be a great additional security, both to the crown and the subject, by those - goods being landed and deposited in warehouses surrounded by walk, which I no. derstand is the plan of wet docks in general." " The safety as well as the interest of the revenue require, with respect to the expenses of management, that the ware houses In which the merchandize is to be deposited under the warehousing spun), should be as much circumscribed in point of local situation as the necessary accommodation to trade will admit." • To the same point he quotes the Commissioners of Excise, who conclude their opinions upon the subject by " Earnestly hoping that whatever exciseable commodities, it may in the opinion of the Legislature be thought expedient to warehouse, they will only be allowed to be deposited in such detached warehouses, as may be hereafter erected, and encom passed by proper wal:s." he then proceeds thus : " The Act for' establishing the West India Docks in cause quence was passed on the 12th July, 1799, and the London Dock Act on the 20th June, 1000 ; in these Acts, as well as the Warehousing Act, passed in the year 1003, regard was had to the arrangement of ships and goods, not merely as an en couragement to the projectors of the dock., but as may be fair ly assumed front the extracts we have made, with a conjoined view to revenue as well as commerce. The same was the case with the East India Docks esta blished simultaneously with the Worehousing Act in 18113 ; and with the Commercial and East Country Docks, the former established by an Act passed 20th June, 1010 (50th Geo. 111. cap. 207. Loc and Per.); the latter by the Act of the 51st Geo. cap. 171 (Loc and Per.), on the 15th of June, 1011." The Author shows that the East India, West India, and London Docks, having been made Legal Quays, and having exclubive privilege, were placed under certain restrictions'as a se. curity to the public, which did not apply to the other Docks, they being merely ►SliQerancc W harfs. The Restraint upon the East India, West India, a n d ot h er Trades, which were co n fi ne d to th e different Do c k s , was limited in each case to a period of 21 ye a rs, but the p r i v il ege of being Legal Quays is perpetual ; none of the Companies therefore have any claim to a 'continuance of their excl us i ve.tra d es, after the expiration of such periods of 21 years, b ut t h ey w i ll all continue to possess the vested right of property in their wharfs' as Legal Quao, that right having been granted to them as one of the main inducements to embark in their respective under. takings. puck Company, w i t h the express declaration of Wh ore the flocks w ere undertaken, as in the ca se o f t h e that nothi ng i n t h e Act should " extend, or be of liengY e a l s e u s Q t c o lih n a l Y s B , construed to extend, to m a k e any of the said Docks or ' Wharfs to e i theCommercialLegislature or to empow er th e sa id Company goods without th e suffe.rance of the Cnfa d i the privilege cannot b e c l a i med a s a matter of right under any circumstan ces , an d i f the trade of the port should be s o .exten d e d as to render the existing Quays and Docks altogether insufficient for its accomm o d at i on , un o dla i nrt s ho s i i rs o lme tors td then can such companies have no greater claim than any pro jectorii of new Docks or Quays ; and it even seems doubtful whether the proprietors of the old Sufferance Wharfs would not in such case have a prior claim. But; the three principal Docks may, with justice and pro priety, approach the Legislature, and seek to be protected in the possession of the rights conceded to them, under the sanction of their respective acts; rights which were not limited by the then existing wants of the port of London, but extended to contin gent provisions for the future accommodation of its trade. The clauses granting the particular privilege of being legal quays are all similar; they empower , these Companies from time to time to provide Quays, Wharfs, and Warehouses, .convenient and sufficient for the trade and business of the Docks, and for the landing, &c. of such merchandize as shall or may, at any time or times, be legally landed o r s hip pe d at the said Quays br Wharfs." If, therefore, the trade of the port should at any time require an extension of the Legal Quays, it must he first shewn that these Companies are unwilling or unable to provide the additional accommodation, before, the right of doing so can be conceded to others ; more especially so, if it should wear, as no doubt it w ou ld, t h at suc h concession would be prejudicial to the interests of dime to whose public spirit and, enterprise the country is Indebted for these magnificent commercial establish inents. Had not the privileges of legal quays been granted to them, it is quite clear that theseidikks, constructed for the reception of merchandize which could not otherwise have been lawfully landed therein, would never have been undertaken. The'con. cession of these privileges was the primary and fundamental condition of the compact , between the public and the projectors; the further inducement held out to the latter, by the offer of the exclusive right to receive particular branches of trade for a li mited period, was only a secondary and collateral consideration : As the privilege of being constituted legal quays was not grant ed without annexing to it important conditions to which the grantees are still bound, so the grant must be held to be bind ing upon the Legislature and the public, and this in good faith ; for should the same . privileges be extended to others at pleasure, then would the original grant become of no value. In the ease of the West India Dock Company the exclusive privilege of receiving th e w h o l e o f t h e W est India trade has ceased for more than twelve months; that company therefore must, for the future, ma i n l y re l y upon t h e i r " f u ll properties and rights as legal quays." (To be Continued.) CHAIN BRIDGE AT SHIELDS.---1/ appears, says a Correspondent, that an actual survey of the Harbour of Shields took place last week, with a view to erect a Suspension Chain Bridge across the Tyne at this place. Mr. Wm. CLEGRAM, Civil Engineer, Shoreham, was the gentleman who made the survey. His sections, plans, and estimates, we understand, will shortly be laid before the public. The Engineer in question considers the work as of easy accomplishment, and conceives that the tolls let at a moderate rate would amply remunerate the individuals who should embark h i the speculation. The people in the North are ignorant as yet as to who are the parties enga ge d in this business; but there can be no do u b t t h at suc h a Bridge, made high enough to allow large-sized vessels to pass under it, would b e a most important public ac. ctunmodation. LAW INTELLIGENCE. COURT OF CHANCERY, DECEMBER 2. PRESBYTERY OF SCOTLAND V. REV. ALEX. FLETCHER. The Loup CHANCELLOR said, that with respect to the question of costs in this motion, which stood over till to-day, he would give no costs to either party. BLACRITORE GLAMORGASHIRE CANAL. The Loan CHANCELLOR said, that having postponed his decision on the commitment of Mr. Reece, he was of opinion that he ought not to commit him ; and further, that Mr. Reece was to have his costs in the motion. The injunction not to widen and deepen the canal must remain. After reading all the affidavits, he could not discover that there had been any violation of it such as could be visited by the Court. If the plaintiff suffered any injury from the diminution of the water course, he had his remedy by action at law. OPERA HotISE.—ERERS V. RENELM. At the last sitting of the Court, Mr. HART had made a motion in this cause for a reference to the Master to appoint a Manager and Receiver, with a view to getting in the profits of the en suing season, with leave to Mr. Allen to offer himself' as Re ceiver, and the plaintiff; without salary or reward, to offer him self for the Manager. Mr. SUGDEN now appeared for two of the sureties of Be nelli to oppose the motion. The original contract was betwevn Ebers and Benelli. The latter had undertaken the lease, which the former had in possession of the Theatre, toge ther with the profit of loss of the current season of 1023.-- The pdssession was scarcely transferred before the defendant dis covered deficiencies, in the nature of debts and losses amounting to nearly 10,0001. Upon which, in Michaelinas Term, 1823, he 'applied to the Court to be relieved from the' contract, on the ground of fraud in the representation of the plaintiff: Mr. Ebers had filed a cross bill for specific performance. The in terests of Bellal were of course bound up with those of his sureties. The Learned Counsel contended, that this Was a motion most unprecedented in its nature and pretensions: There had been a perfect assignment both in law and equity of the estate, without a power reserved of re-entry. Sri that until the decision the whole responsibility must be with lienelli and his sureties. There might be something in it, if Mr. Ebers were anxious to do justice, either by standing to the agreement, or sub. mitting to the dissolution of it, according to the equitv of the con tract. lint his object was simply to bind the d e f e nd a nt an d hi s sureties to the fulfilment of his contract. Could it be listened to for a moment that he should hold them bound by all thecovenants of that agreement, and yet that he should conic here for an order to receive and manage against his own lessee ! The only way in which Mr. Ebers could obtain controul over this property was: by bringing and succeeding in an action of ejectment at law, by which alone he could now re- e nt er.; an d if h e did so , the defendant would, by the same means, obtain a release from the contract, and the sureties would be no longer bound, which was all the relief sought; excepting the reimbursement of 16,0001. already paid by the defendant to Mr. Ebert, on account of the contract. Mr. HORNE appeared for the other Noblemen and Gentle men who were sureties for the rents on behalf of Mr. Benelli, whose absence, occasioned most probably by engagements which he was busy in making with Italian and trench artists for the approaching season, was no reason for inducing the Court to suppose that he would not return in good time, and make the most of his property, so l ong as t h e d e l ay of the cause should compel him to hold the theatre. But whatever became of the property in the mean time, Mr. Ebers could have no right to call it in question. Wo u ld M r . Ebers pretend that Mr. Benelli, if he should come over in time, as was most likely, would be incapable of the management of the property ? How came Alr. Ebers, in the former possession of the property, to appoint him his chief artist ? It was quite clear that Mr. Ebers found him, or thought him capable of the management, when he (Mr. Ebers), on very good grounds, suspected his own abilities for that office. Mr. Ebers had got rid of his unprofit. able lease ; he had doubted Benelli's responsibility; he had required, and obtained, the best sureties which could be given for the payment of the rent ; he bad sued Benelli for specific performance of the contract; he had proceeded by an action at law to recover the value of the bond ; anti under these circumstances, by which he had so effectually divested himself of the legal estate, and thrown it on Be. nelli and his sureties, he now came to require the Court to abstract the only security which the bondsmen could have— the theatre itself, and put it in the custody of the Court. All they asked was the Contract ; and if Mr. Ebers chose to release the amities from their legal liabilities, for any thing that they cared he would he most welcome to the motion. That which they did object to was, that they should be held by their legal liabilities, under a state of things, and a situation of the proper ty, totally different from those under which they became bound. The Loan CITANCELLOR said that the main question was, whbther the securities could be held bound, except as to the legal' effects of the lease. Mr. 'TRUSLOVE followed Mr. Hourly, and observed on the inequitable nature of Mr. Ebers's motion, in regard to the legal liability of the sureties ; because Mr. Ebers, when ap pointed to the management, would soon obtain possession of more m ey than t i e v l o y ul a d pp si l l y ffi i e t e to to pay the theful h a fulfilment men l half-year's t-oefair's leis own end lie t]con tract. How was it possible to allow him that power without first calling upon him to release the securities from their legal liabilities for the payment of the rent ? Mr. Haul', for the plaintiff replied, and contended that the only object in opposing the motion was, that of frileitening Mr. Ithers into a surrender of the sureties which he held, and which no equity could impeach or touch by putting the property of the theatre, for the safety of which he was ultimately bound, in a state of peril, which not only threatened destruction to the pro perty, but to Mr. Ebers also, if he should fail in his suit. He contended that it was for the interest of all parties that Mr. Ebers should be put into the management of the property, when from the whole face and colour of the transactions, all parties were evidently of opinion that Mr. l3enelli should not be al lowed to touch a farthing of the money. The Loan eItANCELLOU said that the question was, if the sureties had any thing to do with the contract between Ebers and Benelli apart from the indentures of the lease. The Court could not insist upon putting sureties in a worse situation than that in which they had placed themselves. There might be many equities in the contract between Ebers and Benelli, in which the sureties could not be implicated beyond the terms and . indentures of the lease. A surety had a right to say— " Don't tell me that I shall be better dealt with in such or such a state of management. I have only bound myself to a par ticular surety, which is void if you insist upon doing that which you have engaged shall not be done without my consent. You may proceed to resume the management under the powers of th h perilsucceed yeoewudi forcing g n a i e r d."to themNt hoe e tl,oltulibt ta re-entry t.l ; r .cboEtni Ebers y tris o o u nwsa s d oo rightt t he a at your to y . n o hd u e rbc could i v lls n d, so far to abide by the contract, and waving that right which he certainly could avail himself of to re-enter by an action at law; but his Lordship could discover no right in him self to alter the general law of sureties. Ile proposed !to take home the affidavits and the two trust-deeds, and give them a careful perusal before he pronounced upon the motion. COURT OF KIM'S BENCH, DEc. 2. This day the adjourned sittings commenced before the LORD Cling J u sncE and COIDIDOR Juries. TIARTLETT v. DOWNES. This was an action for money had and received to the plaintiff's use. It was brought by Air. Bartlett, an attorney, against Mr. Downes, also a gentleman of the legal profesiion, to recover fees received by him in the character of steward of the manor of Dan. bury, in Essex, to which office the plaintiffclaimsa right; and the question in the cause, therefore, was, whether Mr. Bartlett was de jure steward of the manor. It appeared that Mrs. Wray, the last lady of the manor, by a deed of the same date with her will, appointed Sir. Bartlett steward for the term of his life.— After her death, the brother of the defendant being devisee under the will, treated this appointment as void, and ap. pointed the defendant. The- main question, therefore, was, whether a tenant in fee of a manor can grant the office of steward to a party for life so as to bind a successor. But Mr. Scar_ lett, far the defendant, raised another objection to the plaintiff's title ; namely, that the legal interest was not in Mrs. Wray when she made the grant, because there was an out-standing term created in the year 1712, to raise portions for younger children on a marriage. He produced, besides the original deed, a deed bearing date in 1705, in which the term was 3s. signed to trustees to a tt e nd the inheritance, and another deed in 17113, speaking generally of outstanding terms, but not of this particular term. The LOUD Cunw JUSTICE held, that it was still a ques. tion for the Jury whether this term had not merged in the in, heritance, and proposed to leave it to them for their decision. Mr. AI AItItYAT accordingly, for the plaintiff', urged that it was probable the term had been assigned, and called on the Jury to, presume it, in order to prevent the justice of the case from being defeated. The Loan CHIEF JUSTICE , then submitted this question to the Jury, observing that terms of this kind were sometimes conveyed to the heir, though not very often; and it was for them to judge whether there had been a merger. The Jury, who seemed very much perplexed by the matter on which they were required to decide, deliberated for a guar. ter of .an hour, and then said they were ready to deliver their verdict. The LOUD CIIIEF JUSTICE explained, that they were not yet called on to give a verdict for the plaintiff or the defendant ;but merely to.say whether this o ld term had been surrendered to the heir. The explanation seemed to renew the perplexities of the jury, who again turned round to deliberate : after a further consultation of ten minutes, the jury found that the term bad merged. The Loup CHIEF JUSTICE then directed them to find a verdict for the plaintiff to the amount of fees received by the de. fendant, which they accordingly returned. Mr. SCAR LET T asked for leave to move fora nonsuit, if the Court should think that the late lady of the manor had no right to grant the office for life. The Lonn CHIEF JUSTICE declined to do so; but left the Learned Counsel to move for a new trial, if he thought the di• rection wrong. He would have given leave to move fora non suit, if the defendant had relied on the general question of right; but as he bad chosen to set up this outstanding term, he would leave hint to move for a new trial. SECONDARIES' OFFICE, COLEMAN-STREET, Dtc. THE EAST INDIA COMPANY.-PLUNEETT V. BUCHANAX. - - - - This was a writ upon a caplets .lit legalism, to inquire what property was possessed by Lieut.-Colonel Buchanan, a. 'dim officer in the East India Company's service, in order that the Sheriffs of London might seize upon it, for the benefit albs plaintiff: The real defendants in the case were the " Compaq of Merchants trading to the East Indies." The amount claim. ed was very considerable. Several gentlemen connected with the highest departments of the establishment were present, besides those who were sub• peened to attend. Mr. JONES and Mr. Boatras were for the plaintiff: 1 111 '. POLLOCK attended to watch the proceeding, but declined eat. ing for whom he appeared. Mr. JONES stated, that this was a writ issued at the suit of Mrs. Plunkett, for the amount of the value of g oods supplied to Lieut.-Colonel Buchanan, who had some time ago been °Ut. lawed, after certain proceedings had been institutedagainst him. In a former proceed W ing his nephew, Sir alter Burls nan, had been defendant, and upon that gentleman it w ould b necessary to call, in'arder to prove the amount of property to which the Lieut.-Colonel had claim. The stock to winch the Plaintiff; as creditor of the Colonel, laid ...Wm. 0 1 '"""t ed . 1 " nearly 4,0001.; besides which, there wure the idiom:ace of .h.) Colonel by the East India Company - us an officer front the y..a . 1 82 1, and other property, an accurate knowledge of w hich 1.,.. Company would no doubt most willingly conmumicale. officer. mum n l e . s i s e u accountedt *- C o lon el , f o b r e Mr. 'Walter Buchanan, eXamined by Mr. Bostras.—Had received from the East India Company the sum of 3631. per . ans 1821 to the Crown. He also received for him the sum of 1041. 12.5. fal. every half-year up to the year 1821. The b e tter , sum had been regularly remitted from India, in bills incl set; in lett ers direct e d to the Lieutenant-Colonel, which witnet opened by virtue of a power of attorney, and he knew from the Colonel that this was the interest of the money of his India, in the hands of the East India Company. Wane! being; hailsloalwiaonwcaentclep a to s a th r e et y lr e e s d r_ had one of those bills. It was protested, and had bee Ha d ceptca by Mr. Dart, the Secretary to the Conipany• ii" witness received the amount, it should certainly have been se plied to the Litut.-Colonel's benefit. face e Th o e f S tb E e co b ts in na bil l l t b z i s b h ee er n e stated by tlbeweaConsuenstbele foLriethoetenpanlaittioffiontheistiit been outlawed. principal. any one to his knowledge since the year 1821. /le had not the t a o r eb sa ar i ge d that tbe there East wlnadsinaotcoenrnoupgaehyuipnetnh tthhiee Witness continued—The 3651. a year was not recfivettlebyy. plied for it from that time, and he did not know whew'. Mr. Dart, the Secretary, was then called; Lieut.-Colonel was still on pay as a retired officer. Counsel for information to the auditor. dis CC 4II. Mr. Melville, the assistant auditor of the East In . 1 , re • pang, stated that Lieutenant-Colonel Buchanan was am heater tired officer on full pay 11. a-day. Could not say w Upon Buchanan had property in the 6 per cent. India Loans.. date looking at the protested bill, lie said it implied 'thatt at tn etto, of it Buchanan had property in the 6 per diu,):cem,. yielaing 104/. 12s. fid. every half year. The date Was ' feur a ber, 1820. The Exchange was at this period different s'l'at what it then was. The Lieutenant-Colonel's stock was wallasi:Olur seizable. ;Melville p was called Bombay stack. that the Mr. Bo turas said, that upon calculating, ha found ~ los , but he refired the He claimed that amount in the hands of the East lndi ,-, pans', of which the Bombay Company was a bran_ch* ~a , s tock Mr. Por-Loc x said the question was, whether Wm' ' the BonbaY Government upon the East India Company here; ~ pe ter Co l n: h pa es n , y E c h o e w re n : l e: l e . responsible s:t had not been issued since the year 1821, because it''' . winPettrtinsyticonPuumnedtxd_yu.cing that dividend was 340a1ii.0. The bill was prawn 14 T h e par issued without the authority of the Directors. b i,in Eng* Mr. JONES contended that the interest being PaY e s! .,, - t Jndis England, there would land, the principal was also ayable here, and th,e themjoutbsf Company, as part of their establishment. ~ found a i t n e w fu a n s ds no m p u roo st b f e t i h n a t t h t e his po w w us er a of d t e h b e t S u h p e o r n i l i d o t l i' f e e l n p i o ar nin t tate e o r . ;:3l; )de,t,toh adsifli f i o cf r ult t i l ti l ye e debts ro ,e, o , t wo 1 ti t .. _ India Company. state- , Mr. Lawford, solicitor to the East India Comp the coal. Pa ll n l Y r. w il as fe p t i r d il d le, ac u w po rd n in b g ei to n as an milieus curler, that the principal 'of a debt of til a la ascertain from the books of the CompanY7 g tl c i a e li c o o d nt aga rac i t n , , eithet in Ina'a England. old d that the 0. cipal was payable here or not. Those hooks were in s t y ,L,. g session, but he had not the authority of the Directors to "' them forward. s that Mr. BOSIPAS observed, that it was very extraordinteYn: 04 the Directors should withhold the means of informato.„ e sat asked Mr. Meli'ille, whether in his notice to attend, he i vs t f ee to called upon to produce all -books, documents, eLc- " 1 the case. to I:* * Mr. Melville admitted that he had been called 1 1 1 0 ° t oe to duce the books, and said that application had been w it i c a to 'whether I).l6''s: the Directors upon the subject, but he was not Pe r ' D bring them forward. t- b Ce" . Mr. Walter Buchanan again called.—The Lieutenan. e re , ncl's stock had been transferred to witness in I ndia, Ana dyed ITC ceived 2501. interest, which he paid away He had also the acceptance which had not been paid. / wee Other officers in the service of the East India Conilnitlhs wee then called, and asked whether they . hail brought SPY t; set documents to clear away the obscurity attending the cn eg l iir si ttey all replied that they had brought nothing, dint was r The proof as to the principal having failed, of them. the plaintiff then went for the Lieutenant.Coloners igloo, arrears of which amounted to upwards of WWI. MP 'F e es . contended that it was claimable by Buchanan, and th e bol l . seizable by the Sheriff ; and called upon the officers o ,,;6l 0 was a matter of right, India Company to produce the documents on the ~f.,tai rt. which they had received notice in their subpoenas. Tv) plied that they had no documents CO produce. , t p o psy The SECONDARY said lie must have someproofs l.tad seize upon the arrears. Feeble cw Mr. Jos:Es and Mr. 13oati.as said it was inexp ! :es ,ss facaie duct upon the part of therromPany to refuse to give, , ~e hsti In this case every thing which ought to have been "a" i ble been omitted or refused. lemansn ... D ot t The SEcoaiway said, that if the paY ''''''' dahle upon the upon the part of the A.-rolonci, it wasdemsn .0. and not a Mere gratui, r I part of the Crown, which claimed under the deferato,t..„ co;ehe Couns,t,ltire Mr. Boatnas.—We have called upon the officers ,t,.."Set,o's d p e a 3r a t y wr , h. a w 3t h i we o re rya ircalled here qualified leedr e moobserved, si iettoravrperi;ve regulations. hu i ai t ta , tt:atilioiendsp.r o e y fu s w e l d. , c b a l b s au: o r eb our ta; claim is shown by his services. conclusive years' antia c ef A aa s u ry : r o t read, oo , t.o h Is • copy i regulations,rw' twenty-fiveasl3 10 The SECONDARY, in addressing the ititY acr e; ds .'" 1 brought, ,e h wu s e rabe n t r ytiolescfepoiaceptirerhliece.eg.,dluaultinin:ls::wiristdoi ci:wn,t)atie:',rssi^otiiiiici.:l!i jasi:tiit,t,..,•::tsts:ter: though he considered the East India CompanY jith seld t i I :, this case, he ertainly could rot guess why thell'"" 1 whish t li information which it was in their power to give, no' est tem. h 4 e had been regularly called upon toproduce . I t Was toia "- unlike the usual conduct of upon to prol(1 I t!ln Ipltl • .'. I unlike the usual conduct of the C he Ann pany. • . s q. . ._, __., Jury, that they were to . find to the amount of ti J, dia cols which included the arrears of pay due by the East ' n party. Liter Jury accordingly found to that amount. The Copenhagen Papers of t h e a l l t l i e l :l lt r . e ct i , n : l : l l , l flounce the intended appearance of Weekly m Journal in•that capital, on the ~I be Its title , a il l encetnent of the new year. Messager Francis du Nord: its tliscossi°ll„s ding beoii the Arts, Industry and Trade, inhera political disquisitions on the three I„ . ur f , t d e a. Tire of Denmark, Norway, and 7 „.," n oin ivi ' e Ed i t o r s are Count GYLLENnottat ' jai ca nte r la.& of the Royal Artillery , and Mr. Pro cu r d to I. IIII . IIAIIAMS. The literary world look for wsr f lir t eiri thi s s n t the Danish papers. e t w sa i y mblication with no s mall degree 0