The Sun. — London, England, 1824-11-27 00:00:00

` ' / s ~ ``. ~ ' .• i • I . , ~., , t ~1» 4.1." "`~: 7- / INTrMBER 10,050. t,APa ri r .1 FOAL) IIC I 1141,LING-Y4llO, .Nov. 15, 1824. . THES E are to give Notice, That on Thursday, the .2d of December next, at Ten o'Clock in the Horn ''‘g, will be put up to PUBLIC SzthE, at Ills Najesty's Pietaalling Yard, Deptford, sundry Lots of the followiag Old Unserviceable Stores, now lying in the'said Yard, ~i:'.:•-• &elk! Empty Tea Chests Bread Dust & Caudle Boxes Flour Butter & Cheese Pkiiir Sweepings Beef • Pease Pork Pease Screenings Suet (43 " 1 " 1 Raisins Bakehouse Sweep. Rice . inzs Sugar • P earillarley &Sago Cocoa liae, s ;to i l Rags Anniseed I :'4t ' • - • ,fa&Cocoa Bags' Vinegar rreserv e d Meats Boards Ends "thepo.sit of 251. per cent. in Cash or Note; of the Banh e t . Eng-lnd, is to lie made' upon the :inthumt of . eA,h . Lat at the time of Sale, and .. , ;..c remainder of the purchaSe- , "e 9 to be paid before the Stores are removed, for which' Par Pose a period of fourteen working days will be allowed from the day of Sale; the Buyers particular& observing tha t not less than one half of the quantity is to be taken away on the first seven, days, and the remainder in the " I ' o 4 following days, otherwise the Deposit Money will be 14 /eited, and the 'Stores remain Me property of the Crown, ( 4 .5 : no extension of lime will, on any account, be granted. The Stores 7,1 ay be viewed during :he working hours of the Yard, on the three days 'imMediately preceding the day qf Sale. Catalogues mr.y he had on application at the said Yard. .10 - IIN HILL, Comptroller. Staves. Lenger Butt Puncheon Hog head Barrel Half-Hogshead Kilderkin Small Cask Awl Tierce and Barrel &c. &c. &c. ROYAL-LXCIIANGE ASSURANCE OFFICE. November, 1621. THE COURT of DIRECTORS of th e ROYAL EXCBANtiE ASSURANCE do hereby give 14(4 icr, that their TRANsFER BOOKS will be shut, from T UESDAY, the 14th Of Di:cent:ter next, to TfIURSDAY, t he nt h of Jantuiry followingpand that the ANNUAL GEN ERA!, t;fl i T ilr appointed by their Charter will be bidden at their °li ke* on the Royal Exchange, on WEDNESDAY, the 15th `4f December next, at Eleven o'Clirel: in the Forenoon, awl that a Dividend will be considered of at the said Court. SAMUEL FENNING, Jun. Secretary. The Chair will be taken at Twelve o'Clock precisely. *** Attendance is given, daily, at the said 011 ices, and at their Office in l'all-Nl4ll, for the Assurance of Buildings, (I "di, Merchandise, and Ships, in Harbour, in Dock, or !hilt. Building, from 'Loss or Damage by Fire ;' and also for .: 1 :e Assurance of, and grans ing Annuities on, Lives. lIANIES .QUAY.—Notice is hereby given, that application is intended to be made to Parliament in the ensuing Session thereof, for leave to bring in a Bill, and to qbt4in an Act for making, constructing, and maintaining a (44, Y, with Warehouses underneath, and With Buildings to be 'tell on parts thereof, and with a Dock or Basin between the said Quay and part of the North shore of the River Thames, and with proper entrances and a Bridge across part of the said Dock or Basin, near a certain place tailed or known by the name of IVltiteliall-plac e , in the parish of St. Martin-in-the Fields, in the City and Liberty of Westminster, such Quay to have a road or carriage horse and foot way front the said PIaCC; called Whitehall-place, to or near to a certain place called Blaqkfriars Bridge in the parish of St. Ann, Black , friars,,within the City of London ; and for making proper ave nues; ways, bridges, roads, and approaches to the said Quay, and the buildings thereon, and for paving, cleansing, lighting, watching, watering, and otherwiscimproving and maintaining the same, and the avenues, passages, and approaches leading • thereto or communicating therewith, which said Quay, erec * ti con) buildings, roads, and ways, and other works, together with all requisite sluices, drains, wharfs, title mills, bridges, footpaths, ways, roads, avenues, or approaches appertaining }tereto, arc proposed to pass into, through, or within the several Parishes of St. Margaret, Westminster; St. Martin in the ‘! ii elda ; St. James, Virestminster ; St. Paul, Covent-garden; St, Clement Danes ; St. Mary le Stand ; and the precinct or Parish of the Savoy ; the Parish or Chapel of St. John Baptist, in the precinct of the Savoy, and the Liberty of the Rolls, the Middle Temple, the Inner Temple, the precinct or liberty of Whitefriars, the precinct or liberty of Bridewell, and the Parishes of St. Dunstan in the West, St. Bridget's otherwise Bride's, and St. Ann, Blackfriars ; such several parishes, chapel, and liberties, severally being in the city and liberty of Westminster, in the city of London, and in the county !Middlesex, or some or one of them. And it is proposed to Gz and limit, in and by the said Bill, toles, rates, rents, and , 1 " to be taken for the use and occupation of the said Quay :lid other Works, and for the passing of passengers, carriages 141 horses, over the same. Dated the 2.2 d day of November, le tt , Wlll. LEAK, Solicitor. : 2 °l . Devonshire -street, Portland-place. LEAST RISK EVER KNOWN. e ARROLL the Contractor, is justly proud f of the applause 'already bestowed on his Scheme, and approv ed assured that the . more it is examined the more it will be " P P r uved :--there are TWO . Prizes of - £ 50 , 000 b e* . Two - Prizes of - £20,000 beam other Capitals, and not a single Bland ! Two of the the Contractor contain £36,000 Three per Cents. which CARROLL, the Pub has introduced for the purpose of offering to ',Public an unequivocal proof of his confidence in the pros erity and resources of the Country, as he hereby guarantees tore Fortunate Holders of those'Prizes £lOO in Money tor lu e PY £ lO O Stock ; and if' the 3 per Cents. should be above th , which is not iniprobable, he gives,to the Adventurers all et Increase as a Bonus. Every Purchaser has the liberty of ti," ll og his Ti c k et after the 16th of December (whether it be '" * Tvor Undrawn ) a nd may receive back £lB for it, and in proportion for any Share. ONE THOUSAND PRIZES Will be Drawn on the 16th of December, and the Two First Therefore will have more than £20,000 each ; thitrefore every Piircha,ser has the Chance of 1,000 Prizes on li e f or n e aY, and if unsuccessful, can return his Number any time , the 26th of' December; so that for the opportunity ' of 4411n g such great Capitals, he only risks by a golf Ticket - £4 19s. - 5 0 Eighth - - £0 18 0 - . 4; 1 13 6 I Sixteenth £0 9 6 Ticket As the following statement will clearly shew half cost £22 19 o... May receive back £lB 0 0 ouirriy'"ul cost - 12 5 o... May receive back 9 0 0 t liBht 111 cost - 3 6... May receive back 410 0 sißteec9st 3 3 o... May receive back 2 5 0 Th _lrth will cost 112 o... May receive back ,1 2 6 'f)Ap ill. ;ratest variety of Numbers are always on Sale at the Contractor's; (Mikes ; No. 19, CORN t4, 7, CHARING CROSS; 26, OXFORD-STREET. ' ~- . ....t.'s •,, ' - , V-•-•.-- - • --0 p , ,,...., ~. • , . ~. --,,,ti. , vi.g. 7 , ... 1 ~ . . :10 , --N 4 _ .::,: - .44 4 0 ; - t , ~,.. -.v.; ‘ 4.- ; - • - ="..,.. .. s ., A. ~ 4/6 ete//1 • ." SATURDAY EVENING, NOVEMBER 27, 1824. SALES 'BY AUCTION. • SIR M. M. SYNES''S THE FIFTH AND LAST PART. ..1 1 0 BY, SOLD BY AUCTION. By . Mr SOTHEBY, at his Howe, WELLINGTON• STREET, STRAND; otx MONDAY. the tith (Ia) a De cember,.:a.ml Seven talowitig.Days, (Sunday excr.pled), Tw,lve o'Clock, TIIE 'Highly V iota) le COLLECTION of PRINTS, the Property of the Late Sir NIARK. WAS. TERNIAN SYKES, Bart. containink the Residue of a Seri.es of RRITISH PORTRAITS, among wine), will he foamd many of the tirst description, by Blooteli og, Loggan, White, Smith, 'tV. Faithorne„&e. FOREIGN PORTRAITS. connected with the /Era of Henry IV. King of FrUnce, and illustrative of . the Memoirs of the Due de Stilly. &e. engraved by .1. de Fotnezarij, P. Firms, De Len, L. Gualtier, .1. Gran thome, Jaspar liar, &c. ENGLISH TOPOG:tAtHY, par ticularly an Interesting Collection of Trints and Drawings. relating.. to the County of York,. separated into the Three Divisions of West, East, and Ni;rth Itidings.---A Capital As semblage of the tit F. Barrolorti, - emigrating nearly tire whole of that celchrated Master's Productions; Choice Proofs and First Impressions, including a Complete Set of the Nlarlborough Gems, elegant and useful Portfo lios, &c. &c. Catalogues (price : 34.) may be had of Mr. Parlier..Oxford ; Mr. Thorpe, Cambridge; NI r. Laing, Eiliolturgh ; Mes-rs. Hodges and M'Arthur, Dublin ; Nlessrs. Robinson, Liver pool ; Messrs. Robinson and Bent, Manchester; Messrs, Longman and Co. Paternoster-row; Mr. Todd, Yuri,; and at the Place of Sale. To be viewed on Thursday, December 2. • • To BE SOLD. BY AUCTION, By Mr. SOTHEBY, at. his fiouse, No. 3, WELLINGTON STREET, STRAND, on MONDAY, 'November 39, and follotring Day,' at Twelve o'Clock, rr• E Entire and Valuable COLLECT lON of BOOKS, PICTURES, DRAWINGS,. PRINTS, MINIATURES, ENANIELS, Ike.. of the Late CHAR.LES muss, Esq. Enamel Rrinter to the King; consisting- of OHL •ginal Sketelici in Oil :uirliWater colones, by the most _emi nent liring.Artists, as well as a choice Colleokm of Engrav ings and Etchings. chicile Prints on, India Paper, which were presented to hits by the different Irtistsamong winch are some Maichless Pinols, by Srhiartmetti, Bar toltaci, Heat h, Ruin oSon, Pytr, - Likewise, a few Pictures by different Artists. and a Col lect ion of Drat ing. anti sketet.., by Martin, amongst which will be found the. Original Studies for Ins mostcelebrated• Pictures. ' A few Enamel Pictures and Engraved Plates. Also, T. Apographs, (of reducing Pictures. matte 'ex pressly fur Mr. Muss, nod used by him with the greatest SOCINSi. . • A quantity of White Enatard, and other Effects. To be viewed. PRISON DISCIPLINE, &c. 'Phis Day was plitilishi:4l,.Secoild Pltites RKS' upon PRISON DISCIPLNEI REM A . &c. itt a Letter addlegsvd to the Lord Lieutenant and MAgistrat es of the County of Essex. , By C. C. WiiSTERN, r.,;(1. M.P. With a Piefatory Letter and Appendix, containing Plates and a description of a Priott t o curtain Five Ilfldfe'l Per sons. Al 4 O, a Copy of a Bill to render Persons 11,101 Vised of personal as well as real property liable to.seree on Juries for Uounties; with an explanatoiy Statifnent Of i 1 llbjvct. and Provisions ; and a fine Copper- plate engraved Frontispiece of the Tread Mill at Brixtii. Pi ire Also, by the same Author, PRACTICAL . AP:MARKS nit ihe .IMANAGEMENT and INIPAUVEMLYT of (MASS LANP„ as far as relates t o ir rigation, Wint,r-tionding, and Drainage, itt a Letter to the Laud Owners. &c. Of the County of Essex. Printed for J. Ridgway, Piccadilly. AGRECULTURE. U'his Ilsty %V I* published, . - - to One large Volume Impct Bro. illustrated with numerous specimens, in Sixty Coloured Plates. II"T US GRAMINEUS WOBURNEN sis; or, an Account of the R esu l ts o f Va t ions Ex periaients on the Produce and Fattening Propet ties Ot diffe rent Grasses, and other Plants, used as the Food of our more valuable Domestic Animals, which httve been carrying on fcr many years past at Woburn Abbey, by command of His Grace the Duke of Bedford. with Practical Observations on their natural habits and the soils list adapted to their growth, the periods at winch they ripen their.seeds, and the must certain mode of preserving them. To which is added, an Appendix, pointing out the different Grasses best adapted for the Menufacture of Leghorn Bonnets, tire. • By G: SINCLAIR., F.11.!+. Gardener to tile Chace the Dole of Bedford, &c. Ste. &e. • Dedicated, I,ithpertnissi(2ll, to T. W. Coke, Esrj. M.P. Price 30s. plain, and 425. coloured under the Author's in- spect ion. Printed for J. ItitlOny, 109, CURE OF THE .CANKER IN APPLE-TREKS. This Day was publisheA, THE FRUIT GROWER'S iNSTRIX: Ton ; or, a Practical Treatise on Fruit-Treus, front the Nursery to Maturity, with a Destription and Ennmera- . lion of all the heat Fruits now in Cultivation; Hints fur the Planting and Layin; out of Orchards, and Lists of the hest and most approved Sortb selected fur the convenience of pri vate Families. To which is added, a full Definition of the Apple-fly, commonly termed the American flight, which causes the Canker in Apple Trees ; its prevention and effec tual Remedy; together with stone Practical Observations on Horticulture in general. A Work which will .he found equally useful to the Gentleman, Nurseryman, or Gardener, and particularly adapted for those who cultivate their own Gardens. The whole written entirely front practice. By 6. BLISS, Cartlene. Pric'e Gs. Printed fur J. Ridgway. Piccadilly. A PUZZLING CASE BRILLIANTLY sls.rmED. In vest of snow-whiteness, and Boots „f j e t hue, A liair-dresier ran, we might rather say, dew, So rapid his pace, poWder•bag in his hand, And tuned into Exeter-street in the Strand Where rounding the'cortier, in contact he came With $3lO, lung accustom'd Soot-ho :to proclaim. So fierce the concussion that both stagger d back, MI white the Soot-bearer, the Barber all botek, Excepting his Boott, for they lost their jet glow And secued as if cover'd with Hakes of pure snows For Seot versus PaVtder both bags were at work, The Combatants fighting like Grecian and Turk. of Justice the parties now sought, each, redress, And each his great damage now prone to express;— " Your Worship perceives," said the indignant barber, This plight in, that nu one my person will harbour; My vest, lately white, with vile soot badly suits, And worse the hair•powder that covers ray bouts."— " And who in his - service," adi'd Soot-ho, " will keep, A dandefied, powder's!, HI-dress's' Chimney-sweep?" The Justice was povzled, o"ii friendship Alltieit, " Reflection," he said, 44 should he cherish's! and pried,"— " Reflection , " the Frizeur exclained, " Sir, 'tis gone !" " Which way?" soiled the Justice, " why, Sir, it is lack' ; For never the worth of reflection was known The lustre when absent of WARDEN'S Jet Blacking !" The Pun was received with eclat, and Sweep Reflection in pristine accult , ness to keep, Applied to the Boots a restorative band, Renewing the visions distinctive and bland ; , The parties aimed, and each fairy-like shade Still Inoue is the Hair-dresseresiloots•to prersale; This Easy Shining and Minima BLACKING, prepared by ROI3IMT WARILEN,, - , 30, STRAND. Loild6ii ; and Sold in every Town in.the King• doin.--LIQUID, in bottles, ad•, lad., lid. and IBd. each. , -- Also PASTE BLACKING. in Pols. thl.., '2;1., and 18d. each. *** Ask fur WARREN'S Blocking. 1:01 - AL HARBOUR. OF itAmm.,lll: OFFICE. Lont!on, Nut. RG, 18i4. N consequence of th e TOWS of RAMS- . -11- GATE hating been recently LIGHTED h! GAS, 4(0 that Ships going for the Harbour in the Night Time found a difficulty in distinguishing the Pier Light, . Notice it hereby given, that froni,avti sifttr the loth of Dr. cenilier next, the PIER LIGHT will be ' 'exhibited through a clear and strung shade of RED COLOUR. By Order of the Board of Director!, JOTIN KIRKPATRICK, Svc.. chi, Day was published, In Two Volumes, royal lepto., with, a NO! Set of Platei, price 11. as.. in boards, corrected to the tiresent Title; Live considerably enlarged. of 11)E1i1iE'1"1"S BARON ET A.V, of ENG. LAND. • • Printed for C. and J. 11.144figton; altnattell ; J. and A Arch ; L•inronan and Co.; J. Catlell; I. :did W. T. Clarke; J. Richardson ;J. Boolter; J. Booth ; S. lingster Hatchard and Sun ; Baldwin and Co. ; J. Harding; Butting and Co. ; Hamilton and Co.; Rodwell and Martin; Kingsbury anti Co.; G.. 11, Whittaker ; W. Mason: Lloyd andi:Stin ; T. and W. Boone,. and IL Saunders. A New Edition (the greatest part ie.:Written), of DE nitErrs PEERAGE of the United Kingdom, is in the Press, •and will shortly be published. UNIFORM WITH THE WORKS, jIN THE TWO SIZES. This Day were ; published _ . New Editions, in 1 vol. Bvo. and in 2 vols. foolscap, price Lk. boards, . CONVERSATIONS of LORD BYRON. Detailing the principal occurrenccs.of Isis Private Life, his Opinions on Society, Manners, Literature. and Literary Men. Being the substance of a Journal kept during a Resi dence with his LJrdship at Pisa, in the years 1821 and 1822. BS' THOMAS MEM IN, Esq. Of the 21th Light DragoonS. • • Printed for Henry Colburn, 8, New Burlington-street. LAW INTELLIGENCE. COURT OF CIIANCERV, Nov. 2G. EXPARTE ROLLAND AND OTHERS, IN .THE MATTER OF AfARSII, sTitaerv. AND OItADA3I, BANKIiVPTS, AND OF 11EN1Y PA UNT LEROY, RANIER Err. • . Mr. Hitatn said, that a commission of bankruptcy had is sued against the three parties that mentioned. end a separate commission against Henry Fiontleroy. In the beginning of -October, Mr. Seymour, a creditor, took oat a commission against the four. No assignees had'acen appointed ; nothing had been done in the commission, witch inr7atirt was perfectly Useless. The attirignecs - under , the commission against three all the costs, i t i o ni p ii : e ly sion might be p r r t a p y e e r t, da th i e , re an fo a re t , ha tl t ia h t t; including this application. should be Mr, GLYNN appeared on behalf of a creditor, to request that this application might stand over. Mr. EAU) reek a formal objection to the interference of any one creditor with this application. If one creditor had this right, why not MI ? Why not the 1,50 t) or more creditors Who were likely to claim under the commission? • • .The Loop ('it Awcpr LOR said, that the objection came a little too quick upon hi m , as h e really did not know what the Counsel were a b out. Mr. Su A DWELL, on the part of the tutaigi?Pes against Henry .FisiliftleroY, had no objection to the-app*aulal. Mr. IlEaLii had been as much in the dark as the Lord Chancelkn, for mita thi s te i t o,e he Intd,orskw,4tel that Mr Shadviell. appeared to oppose the application. The assignees, however, fur Ili 110 m hp Appeared, rayed-for the superseding 31r. Seymour's commission, or , i n the alternative, that the p . roceedings might be stayed and deposited in the office of his Lorilship'a Secretary for Uunkrnpts. The Lonniiit e T.Oll said, there could be no difficulty in this case, and the application of Mr. Glynn was of flu use.— A commission bad issued against three of these partners, and, at first, it did not occur to him what was•to he done with time fourth. • lint 113 was then informed that an Act of Parliament 'had lately passed which enabled creditor s to take out a coma mission against some of many partners, without barring them from the right of takin g o u t a second convitission against . the I . m:titling parties, if need sho u ld b e . This was tie very case before 'him, and the Act of Parliament enabled the two com missions to work as if they were a joint commission against the whole of the partners. There was no necessity, theirethre, for the third commission. At the same time it might be •preina tore to supersede it, because defects might be discovered in one Or both of the first commissions, which would leave this com mission of Mr. Seymour as die only valid one. The proper way would be to render this commission inoperative for the present, by staying the proceedings, and depositing them in the Secretary's office, without prejudice to the right of any creditor to present B petition Order.—Commission to be stayed, and the proceedings depo sited with the Secretary of Bankrupts. COURT OF KING'S BENCH, Nov. 26. Tim KING T. TUE DULL DOCK COMPANY. This was an appeal against a rate tbr the relief of the poor of !lull, on the ground that persons liable tube rated were omitted: These persons were of three classes: first, individuals having property in !lull, but not personally resident within its limits; second, the owners of ships registered in the port; and third, the landlords of houses, whose tenants were too poor to pay the rates. The Cot'wr now gave judgment, that the two first classes ought to be included by virtue of a local statute ; and that the third class were rightly omitted according to the principles of the common law. They therefore ordered the rate to be amend eel according to their decision. THE KING V. DAV AND OTHERS. Mr. ADAM move , ' for a rule calling on Lieutenant Day, Captain Nicholas, and Mr. Nicholas, to show cause why a cri minal information should not be exhibited against them for in sulting and threatening Mr. Soulby, an Alderman of the borough or West Loo, in order to provoke him to a breach of the peace. The three tiefendants had acted in concert, Captain Nicholas appearing as the friend of Mr. Day, and lout threatened to horsewhip the complainant, and applied to him very opprobrious language, Mr. Soulby positively swore he had never given any provocation to Mr. flay, nor aspersed his character. The Learned Counsel stated the circumstances in detail; but he spoke in so low a tone, and there was so much noise in Court, that we were unable to follow him.— The COURT granted a rule to show cause. DOE, ON THE DEMISE OF SYMES, ROE. Mr. Pot.tocK moved in this case for judgment against the casual ejector. The tenant in possession was the Rev. Alex ander Fletcher ; • and the present motion was made for judg ment, although the declaration WM not personally served, on the ground that , Mr. Fletcher had evaded the service. On Saturday, the 30th of October, the attorney for the lessor of the' Plaintiff called at the house where Mr. Fletcher resided, and requested to see him. The servant went into the house, and returned with a message that Mr. Fletcher would see the party on Monday. Upon this, the man was induced to withdraw, and to call on Monday. On this day Mr. Fletcher called out from an inner room that he would not see the person at all, anti he left the declaration with a lady, whom he understood to be Mr. Fletcher's sister. The Loan Cittty JIrSTICE.—Take the rule. Mr. POLLOCK.—A rule to show cause, my Lord? The Loan Cum' JtisTic—No: the rule for judgment. THE JUNG V. CERTAIN JUSTICES OF KENT. Mr. FRENCH moved thr a rule to show cause why a man damns should not issue, commanding certain Magistrates of K o e u n ngr, t e u to he nl a te ra r ; corn eo. plailiktr preferred by William C o bb e tt, the y., against a party, f or ta ki ng an ill e -. gal tall. The i Magistrates G refitsed to hear the information, on an erroneous supposition that the statute limit e d -the time within which it must be preferred to three months. The clause caste._ to The te c on which they , relied did not apply to the - offence itself', but me action must be brought for alth t o in u te nT Wi g ti l i ,a in nt w ed hi a ch an to show cause.ruie COURT OF COMMON PLEAS, - Nov. 20. HEVPEN v. MARSHALL. • This was an action of treApass tried before, Mr. Baron Bul lock, at the last Assizes for the town of Newcastle. The plain- N. tiff in the action had been a hosier at Newcastle; and becoming embarrassed in 1022, he went to prison, and in the August of -that year obtained his discharge under the Insolvent Debtors' Act. The defendant Marshall was assignee under the. Act, and. was a glover residing in London. In. March 182 J, Marshall' moved for a rehearing, and the result was that lleppen was re manded for twelve months • from 'the day when he was so re manded, Between the period of the first discharge and the re commitment, the plaintiff had taken the II:IF-Moon Inn at Newcastle. Ile furnished it with wine, spirits, &c. all of which had been obtained on security offered by his friends. At the trial it was proved that some money remained unpaid by the plaintiff to those new -.Teditors. Marshall, hoWever, having• heard that the plaintiff' was doing business and hattproperty in the Inn, authorized his co-defendants, Fell anti Jones, to enter open the plaintiff's premises, and sell whatever they could find. • At the trial it was proved that the latter acted upon their in structions, and entered the house of the plaintiff, in December.. .1023, with no small . 'degree of violence. They deprived his wife of the use of every' thing in the house ;. they even sold the very bed upon which she and four of her young children slept; and that the - family were compelled to lie on the bare bedstead for a fortnight, fit that %dement season of the year. Sorne..of the persons whd had bought the plaintiff's goods, finding the condition of his wife, sent them back. It was also proved on the trial that the plaintiff's goods sold for 85/. but that his estate was brought in debtor to Marshall in the sum of 21. 12s. . In hi* justification the defendant . put in the assign ment executed by the • plaintiff in his discharge from prison under the Insolvent Debtors' Act, on the 20th August 11322 ; and further contended, that the 4th,'l7th, mid 25th sections of the Ist 1;eo.: IV. chap. 119, gave him the legal right of entering upon the plaintiff 's premises, and selling his goods under the assignment ; and not only that, but he insisted upon his right to sell all those goods, or other property, which the plaintiff might acquire ' until all his debts were satisfied. A point of law was raised at the trial, upon the construction of the Insol vent Debtors' A et, which the Learned Judge said he would • not determine Nisi Prins, but left it to the Jury to say—first, whether. tile property sold by the defendant was acquired sub sequently tp • the plaintiff's discharge ; mind secondly, if it were, to what amount of damages he was etrAled.—The Jury returned a verdict, damages 125/. The Learned Judge gave the defendant leave to move to enter a nonsuit, if the Court above should be of opinion, that the justification pleaded was good in point of law. •• Ou wformer day Mr. Sergeant Vaughan appeared for the dc• fendant, and obtained a rule to show cause why the verdict should not be set aside. Sir. Sergeant • WiettE yesterday appeared to show cause against the rule and contended, that the whole question would ' turn upon the construction of two or three clauses in the Insol vent Act. . The assignment made on the discharge of the prisoner was only, intended for the transfer to his creditors of his then existing property. The very terms of the assign ment clearly slew this; as well as what was to be fairly fermi from the 4thi , .qt,h, and 7th sections of the Ist Geo. IV. And the 25th section evidently shewed that the assignment gave no controul•to the assignees of the after-acquired property' of the insolvent; for it vested that poweeentirely in the Insol vent Court. The sections relied on at the other side related to the power of punishing the insolvent in case of fraud or con, •ccalment. The 4th section of. the Act states, that a prisoner should at the time of subscribing his petition only execute a conveyance and. assignment of all his property, in such form . and manner as the Court should direct, other than his wearing apparel, bedding, ifec., to the value of twenty pounds. This property thereby becomes vested in the provisional assignee of the Court, subject to a proviso, that if the prisoner did not obtain his discharge by virtue of that Act, that such convey ance and assignment should, after the dismissal of his Petition, be null and void, to all intents and purposes. The sixth section provided that the prisoner should make out anti deliver to the Court, within 14 days of his signature of this assignment, a schedule, containing a full and true account of all his ell'ects, real and personal, in expectancy or remainder, in order to put the Court. in full possession of the ,property which . 10 passed under the assignment. The .s . ...ventit section me-ely vested his estate in certain trustees, without reference to any authority over his after-acquired property. The assignment, in fact, passed nothing, but the existing property contained in the schedule, which could only contain such property as was actually in cam The twenty-fifth section was framed with great caution, and spewed at once the wisdom, justice, and mercy of the Legislature. It gave the insolvent a chance of again establishing himself in the world after he was turned nakedly from his prison,—it secured the first earnings of his industry to his new creditors, while it reserved to his old cre ditors the means of recovering their debts if the insolvent should become so prosperous as to have property sufficient to meet their demands, or any portion of them ; but that only under the and by the order of the Insolvent Court. The 2lith sec tion enacted, that when an order for the discharge of any pri. senor should beinade, the Insolvent Court might order judg. ment to be entered up against him in any one of the superior Courts in Westminster, in the name of his assignees, for the amount of all the debts front which he t6s discharged ; that the prisoner should execute a warrant of attorney to auttoriie the entering up such judgment and that • the order of the Court should be considered as sufficient authority to the proper obit er for so entering it up: • The same clause provides, • that. when the person was of ability to pay his old debts, the Court should adjudge the term and measure of such payment; and that the stun adjudged to be paid should be Tangibly distri buted amongst the creditors; and that the Court should pro. ceed in the same manner, from time to time, till every one of his creditors were paid 20s. in the pound. The assignee had no power to issue . execution against the subsequently acquired . property of the insolvent; leave must he given by the • Court to issue it, and the Court must judge before doing so the measure of the insolvent's ability. That this discretion was placed in the right hands could not be doubted ; for, other wise, there would be daily instances like the present of indi viduals breaking up the growing fortunes of their debtors—of selling property to the amount of hundreds, and still in no de gree benefiting the general estate. The new creditors should be protected, else the old creditors would be continually coming in, and sweeping away the property entrusted to him (the instil vent). The Court was not bound, even if he had property, to issue execution against the whole of it, but only against such part as they might think fit. The assignment gave no. power to the assignee without the leave of the Court. The 29th sCc. • tion only passed the then existing property, adding, however, that all stock acquired in the public funds, which by law could not be taken in execution, should be by hits transferred to his assignee; and, that in case of his refusal, he should be remand ed to prison until he had complied. Now,. if the mere assign ment passed the after-acquired property, this clause would have been unnecessary, because the property would have been within the reach of the aisignee ; and • the Bank, as in cases of bank ruptcy, might be ordered to transfer the stock of any persons whom he might point out. There were other clauses which sheaved that it was only the Court which could issue execution. i t m had to in say this another case oughtwor d n to not A nd t having said so' much, he would now conc l u d e, sat i s fi e d . t v l i i n at ce it o w le as c i o to n t rt n ee th e a s t stuirlcave y e v fo er r di l e ' could not be disturbed. - The Court here rose. _ _ Mi. Sergeant VAUGHAN this day rose to support the rule. —lle could not gainsay the principle laid down by his Learned Bro ther, but he would nevertheless contend, that the Ist Geo. IV. Was Only intended to protect insolvents upon tifull disclosure of their property, and not fbr shielding fraudulent-persons. The faurth section only protected the " person" of the insolvent, fith,the further condition even in thwcase, of his conipliance with the other provisions of the Act, the principal of which was , toe assignment of his property to the provisional assignee. The question here was, if the property acquired after an insolvent s discharge were vested in his assignees ? Ile thought the AO contemplated all the property of the •insolveut, at whatever period it might be acquired, else his final discharge could' not take place. • • .• 111 r. Justice PAna—Pray what do you mean by his final dis charge ? llir. Sergeant VAITOTIAN—I mean, my Lord, his final dis charge from all his debts. Mr. Justice PANIC—Then you mean his discharge from all his debts after his arrest ; a liquidation of the claims of all his creditors. • • • • • • 111 r. Sergeant VAllGlTAN—Precisely so. lie contended that the discharge under the Insolvent Act was only conditional, and not final, because until all his creditors were satisfied his property would be liable. Ile considerethhis, and would treat it as a case of fraud; the insolvent was found guilty of fraud ; and were their Lordships•to discharge this rule; it would be giving a bonus to other frauds. • , The CittEP JUST IcE assured his Learned Brother that he was not disposed to add another bonus to those already enjoyed' by fraudulent persons: • Mr. Sergeant VAUGHAN—If a man became - possessed of PRICF, StVENTENcr, ""o,oodl . bequest' before tinal discharge, it would he idle to suppose that it• was not liable to be take:. in law a idatio of his, debts. - It' was clear the legislature r,:quired that all ,a plan'S property • shotild - was ssy, -, all - his propoty ."previously to !his •tinal discharge. The , character of the insolyent in this case „should be eaustallv looked to ; he was pr9ved to have acted fraudulently, sea could any one bOre'e that -• the meads. by Which' be enabled his wife -. to take the. Half Moon Inn, were not, .those of his .honest creditors ? And if %o, had they not .a .right to assert their claims tai It. 'Was it uncharitable to suppose that a man Corn .nutted for twelve months ;for fraud,. was not likely to,coneeal his property, and was it less likely that the goods seized by his assignees were not the property, of his cr,!.litors? The legal: e'en at' his first discharge Was nothing, bectri4e the insos. , vent was still liable to be - ca ll e d up:amss-examined, Wier.. ~over, the Conrinissayiers might think proper. Such was. the man's fraud," that sei s eWas denied even the lyzneftt of " the Iltdes." As the first discharge - was really- . no • discharge at all in law, he, next came to the final sliseliarge•, wherethe b 4— cond assignment over-re:lo4d all the property belonging to the insolvent up to that period,'and if so, then the action of treat. pass did not lie, - Its feet all that. mig4t be said, the aisigote • twit eiseeedstrthe right m:inif'estly given nini by the Ugis. lature. The 2 1 3th section of 1 Geo. IV. gave the creditors a powOr of seizing on an insolvent's funded property, and why not extend the same principle to every other species of 'Property ? Legislature never intended to say to the insolvent, . " we will completely white-wash you." No • but the Legislature gave to his creditors an Unquestionable right to MI his pro. perty. Whenever and wherever an insolvent had property up to the period of his final discharge, the law gave it to his 'cre ditorstosatify their demands. Even lithe property had fall e r. front Heaven as a treasure-trove, he was .till liable, and ad if he was • to be stripped naked, and left' only clothed in integrity. • ' The CIIIEF Jthoricr....--When we . granted this rule; we did not think it was likelY to be' sustained. This, however; • . being a ruleilor discharging an insolvent - his deists, anti founded on an Act, whether for god or • for evil, which is certainly a most important 'Wt., - we have giVen it every considoration before pronouncing our judgment. No doubt . the creditor cannot possess himself of the property of his., debtor unless under an execution, and no one can contend that the usatipee in this case had any power to i:•: , stto It. Then, was not the defendant guilty of the trespass ? . None of the • Acts, and I have looked through them, vest- in the assignee the , after-acquired property of the insolvent; the Court alone can,. -order execution upon the warrant signed at the period of hit,' • discharge. insolvent debtor is like an uneertilicated rapt, because all his after-acquired property is liable to his creditors, With the exception of the soma necessary to discharg his newly-acquired debts. The insolvent is bound by the •Ito section, Jai (leo. IV., to assign ail his property, but can that be other than the property then existing ? !an any mote pave by the assignment? Certainly not. In the case of bankruptcy ; . the law vests all in the assignee ; in this Can, all is vested in the Court. The provisional assignee is 'placed only in the toy-• ation of thelinal assignee, for neither cupid have at Other turats : ..."' more thm the insolvent possessed. In fact, there was nothing whatever in this Act which gave assignees any right over the after-acquired property of an insolvent. lore dare appears to . buthav ewbi with respect re main to him for his support, unless the Court thought proper Itloletnhte conduct, c o t i h a is m a l ft t e h r e -in p d a t r i t s y try7 3 it I . w )U n niS t i O lt.e to order a rateable division of it between his creditors. • The assignee teal no authority for what he had . done, and I pros nounce that this rule shall be d•Acharged. The other Judges contained, and the rule was iliseharged. CONSISTORN" COURT, Nov. 26. ' NONTACIIIR v. MONTAGUt. Doctor A DDA m s said that George Conway Montague hey ing married Margaret Green „Montague. at Gretna-green, in • Scotland, in the year 1110:1, they cohabited together tja eeveral, years, having several children, three of whom acre now living. it citation had issued in May last against the hoshatal, for a eeparatiein by reason of adultery. • There were various proceed. ings thereon, and on a recent occasion there was an ano1 1 (4 , "" , - made to thc t.ltatatt dam ono irottvcrytud ha the rt e. e at. ( t h ey having a reversionary interest in the .property of Mr. George- Conway Montague) should be cited to see the prove: dings in the cause; that application was rufuscd on the grimed that the validity of the marriage, which could alone Wee, might not be contested or denied by,Mr. Montague. The Vroctor this case had put in the usual libel, pleading the validity of the marriage, and had giVen in four exhibits therewith in support it, the admission of which be understood was objected toi I)octorAnsiOLl3 objected to the adiniesion of the libel, and contended that. the exhibits should not be received us legal evidence. The libel pleaded that. the marriage was contracted 'according to the law ofScotland; then recited the ditnrent forms by which marriage is celebrated. The first article stated that t , the marriage was contracted by the parties.' at Gretna (I seen, So Scotland,' and that they being above the age of pupilage; did lil the presence of divers credible witnesses acknowledge each • other to be man and'wife, according to the law of Scotland." lie objected to that as defective ; the term pupilage conveyed • no information to.the Court, nor !did it afford any , opportunity of counterpleading. There was also a certificate of .lames Utley (the parson). stating that he had been present at ouch marriage. The Learned Advocate obji;eed to the certificate being received as evidence, and Asti the case of Noakes v. AiiiWard this year before the Consittory Court at .florthester, in which a similar certificate from J. Laing was ree jected. After citing a variety of •cales, the Learned Advocate • saitcd the charge of adultery was also too loosely pleaded. The parties cohabited together from the time of marriage till 1817, and afterwards until 1823. The fact of adultery charged Is stated to have been that Mr. Montague having induced Mrs. Montague to go to Liverpool, under pretence ofresiding there, Mr. Montague returned to his house at NOrthampton..equare, in Islington, where he lived in adultery with two sisters of the name of Baldwin, servants in his house, by each of wholv he had children,. These facts occurred from 1818 to • IWO, after which u cohabition took place between the parties. There was no averment that it had only recently conic to the knowledge of Mrs. Montague. jr4Nca followed On the sameiside, and Pointed out various deficiencies; which, he contended, were apparent in the allegation. Sir C. Ronmosi—The per.ies will have no objection, I dare say, to supply them. Dr. Luomr.ToTox—We will supply them it' it is thought necessary. Dr. ADDAMS, in reply, said he did not suppose it would bet. ter the case, or alter the facts. If the declaration i,tuted that the parties drove up in a post chaise to a blackttruith's' forge, at Gretna Green, where they were subsequently inarriod, it would not, ho contended, be necessary that Airs. ?Montague should alledge the precise words used by the blacksmith on die occasion, • Dr. Lusittrwrow—l be; to set my Learned Friend right. The parson was a respectable tobacconist.*(A laugh.) Dr. Artnasts, in continuation, said—The age at which the .capability of persona few the marriage state, .as termed in the law of Scotland " pupilage," would be found in Lord Stair's Institutes to be fourteen for males, and twelve for. females.— The present parties were above that age. Sir C. Rontxios reviewed the allegations, and the objec, done raised against them, at considerable length. After which he said it would be desirable to have some of them rendered less ambiguous, and particularly directiA that the Ist, 2d, bib, and 10th Articles, shotild be reformed. The allegation &Missed.. RECoVEIty of , A's Tor. EN Ctiat.n.—C „ or the last week the luridly Orrhomai King, a poor labouring mechmiie, residing in Thiek-streeti . East Smithfield, has been in the utmost distress, in consequence of their youngest child, a fine little boy, about two years old, having- been privately carried off by a strange woman, who.went by the appellation -of Sal, the child-steatera" Yesterday morning the afflicted parents were Overjoyed tit reeeivitig a letter frOm Wininsoo, the person who went in search of the child, stating that he bad succeeded is finding the womanAt Market•street s in St. Albans, where &be was singing songs, with tOe child in her arms. 'l'hc letter went nn to state, tti cat the . ` voman way undo? the charge of n constable, and the c:.~ild was taken the utmost care of by a I;,t. Inane inhabitant of that town. In the afternoo the parents were scdt down to :it. ~llban's, at the cost of the parish of cute the' woman, the opeuee of, which the parish also defruyi • • The Ilerriug Fishery has been very suceetisful. at Folkestone, one.of the boats belonging •to which place has": earned upwartli of 4001.'this season. •