The Sun. — London, England, 1825-01-28 00:00:00

TIIE LONDON JOURNALS. DAILY Extractsfrom the Morning Papers,Jan. 28, Ins. [MORNING POST.] The rumour respecting an au gmentation of the Army, which we noticed yesterday, seems to have come very opportunely to those who are al ways ready to catch at a pretext for calumniating his Majesty's Ministers. What should they have done now, when Parliament is about to open ander such flattering auspices, if it had not been reported that " the Standing Army was to be in creased in time of peace !" We wish, however, it would be recollected that, during the severe agricultural distresses two or three years back, government, to meet the exigency of the mo ment, reduced our military establishment some thousands below what, with a view to the rank and relations of the country, had been previously determined on. Such a sacrifice was manifestly intended to be temporary, and the present in crease, therefore, is a mere restoration of the Army to proper permanent amount. But waving this view of the question, we think when Ministers—as all parties are forced to acknow ledge—have shown themselves so anxious and active in economizing, and so zealous in pro moting the best interests of the nation in every available channel, they are entitled to some con fidence and credit for just intentions on a pa:ti cular.point of policy. In time of actual war the nature and events of the contest indicate pretty obviously the necessity of every measure pro posed ; but during peace, those only to whom ac curate official sources of information are open can duly appreciate the propriety of guarding against dangers, however remote, and by that means suc seed in preventing them. We are now speaking generally and altogether hypothetically, and merely to remind our readers that it may some times be prudent to be prepared for casualties which it may not be prudent publicly to antici pate. For our own part, we are certain that the peace of the world is not in the least hazard of being disturbed. The friendly disposition of our Government to all other Powers cannot be doubted, and as little can it be questioned how much it is the interest of other States to maintain terms of amity with us. At the same time we cannot help observing that our foreign policy has of late been of a bold and energetic character, and equally repugnant to the wishes as the prin ciples of Courts with whom we are constantly coming in contact. It is our duty, therefore, to be able, if required, to support in the field what we have resolved in the Cabinet. Yet the rea soning, we would again impress, is entirely and purely suppositious ; nor, while so many other unimpeachable grounds exist for increasing the military force of the country, ought we, perhaps, to have suggested the foregoing. The machina tions of the l'opish faction in Ireland would, we think, justify the full extent of augmentation mentioned. Of one thing, at least, we think there can be no doubt—namely, that Ministers will be able to satisfy the public perfectly as to the expediency of whatever measures they may. propose ; and, until such a justification is Nil be fore Parliament, common decency ought to silence all ignorant objections. The Opposition Journals are really embarrassing their Patrons exceedingly at the present moment. The latter, from the clamour which is now attempted to be raised against increasing the army, will be obliged, on the opening of the Session, to manufacture some silly speeches in concurrence with the vulgar opinion, previously formed ; and as these effu sions can have no weight in Parliament, the wis dom of Ministers will thence derive the stronger illustration. [TILE PUBLIC LEDGER.] The question of augmenting our standing army to, the amount of 15,000 men, in addition to the 5,000 raised last year, wholly engrosses public attention ; and no one can wonder at this exclu sive interest, who reflects on the pacific assurances volunteered by the Earl of Liverpool and Mr. Canning at the Bristol Dinner. The surprise must still increase on looking at our domestic situation, which, on account of the profound "tranquillity, general contentment and increasing prosperity, of which it presents a picture, would allow of a considerable reduction in our millitary establishment, instead of the proposed increase. At the same time, its apparent incongruity with a •solemn resolution of the House of Commons, on the subject of economy, as well as with. the professions of Ministers on the same topic, has, as may be • well supposed, stimulated public curiosity to an extraordinary degree ; and every one asks, have our foreign relations become sud denly clouded, so as to render this extraordinary .measure imperiously requisite ? The country in -general thinks so favourably of the present Ca binet, as to take it for granted that only impe rious circumstances could wring from Ministers their assent to a plan of this importance. But the mystery in which these imperious circumstances are veiled, contributes most to the anxiety that prevails ; and if the veil- were raised, the Public would, with their characteristic spirit, heartily concur in a proceeding, when they learned that it was not a case of artificial urgency ; but one -recommended by motives so commanding, that 'all ordinary objections must give way. Let us hope, therefore, that the mystery will he speedily removed T and should it prove true that Fo reign States have taken umbrage at the course his Majesty's Government have thought it their d u ty to adopt towards South America, it is un necessary to say that they might fully count on that s upport from the country, w hi c h th e y are when, as i n t hi s i ns t ance , always sure of receiving, they have been guided wholly by an enlightened regard for the public welfare. In the meantime it is the general opinion that the emergency , i n which the proposed levies have originated, has 110 connection with the internal affairs of the Empire, with the exception perhaps of the five thousand men that are spoken of for India ; but as reference wholly and solely to the state of our foreign relations. If this supposition be correct, it cannot be doubted for an instant that the cloud which has so suddenly interven ed to clamp Our lutercourse with the members of the Holy Alliance, has arisen out of our recog nition of South America. It certainly appears to have produced an immoderate sensation on the Continent ; though the difficulty is how to believe that our Government are already in pos session of intelligence respecting the sentiments of Foreign Powers, to justify their adoption of so energetic a measure. They possibly may, though it is not probable, have had an opportu nity of sounding the feelings of the French Court : but that they can have ascertained the senti ments of any other leading Cabinet, is extremely doubtful. However, if the French Government has replied in an evasive, and particularly in an insidious, manner to our communication, it is clear we ought to take such a position as should convince that Power that we are de termined to support, with all the means that God has placed at our disposal, the resolu tion we have deliberately and honestly taken.— France would not venture, we should imagine, to reply evasively, unless she had previously bound herself by some engagement, opposed to our po licy with respect to the late colonies of Spain.— But her Government must be aware, that in moving in this direction it proceeds on grounds so very slippery, that a fall beyond recovery may be the fatal consequence. This country has not the slightest disposition to provoke hostilities ; hut she is fully prepared to repel attack ; and, as she would not be the aggressor, she would trust the issue with confidence to the justice of her quarrel. The issue too would not be long doubt ful : for, such is the inflamed state of some por tions of the continent, in consequence of gross misgovernment, and pledge shamefully violated, that if we were only to throw a brand amongst them, a frightful and perhaps unextinguishable conflagration would be the consequence. [BRITIsII PRESS.] The French Papers of Tuesday bring ns no fresh intelligence from any part of Europe; and as the Chambers are still discussing the projects of law in the Committees, we have nothing to ex pect of much interest from France. The papers are filled with the observations of the editors, and with that sort of news which, in our weekly Journals, is classsd under the head of accidents and offences. Amongst other topics which engage the Parisian coteries, the late equa lity of votes in the Upper Chambers of _ the States-General of the Netherlands has given rise to a question which may for some time serve to amuse the political triflers of the French Metropolis. The Duke de - Narbonne-Pelet figures in this argument. The practice in our House of Lords is that dictated by reason, viz. that where a measure has not the support of a majority at any one stage of its discussion, it shall proceed no further. But the Noble Duke con tends, that in such a case the proposed measure should be considered to be in stalu quo, and that the Chamber should divide again and again, until a majority appeared on one side or on the other. The Editor of the Journal des Debuts, hoWever, thinks that the renewal of tl►e de bates should be limited to the consideration of amendments in projects before the Chamber, and to cases in which the question is, whether the whole subject should be further discussed ? But when the debates on a measure are finally closed, and the Chamber is equally divided, the Journalist decidedly approves the English prac tice. It appears to us, that where the necessity or propriety of legislating is not supported by a majority, we have the best reason in the world for making no alteration. No mischief can be greater in a State than that of passing experi mental or unnecessary enactment. [MORNING CHIIONICLE-] Yesterday there was a general gloom over both' Money Markets, for which no political cause was assigned, except we notice a rumour which is current in a respectable quarter, that notwith • standing the professions of M. de Villele, who is represented to have gone so far on the question of South American independence, as to say that the French Government was only prevented fol lowing the example of England by delicacy to wards Spain, whilst French troops remain in the territory—the English Cabinet has felt it neces sary to provide against any possible rupture. This rumour has probably caused ['he dullness in the Securities; but it is proper to state, that some of our leading capitalists, who are generally well informed, appear quite easy as to the course France will adopt. Consols for the Account, which closed on Wednesday at 938, 94, were done, soon after the opening yesterday morning, at 931, 3 3 -, and are now 93 5 0 buyers.—ln .the Fo reign Market, the S:)uth American Securities are Much, lower than on Wednesday, Colombian Bonds being 891, and Mexican 80,t. Some in terest has been excited among the holders of Spanish Bonds by a statement in the French Papers that Ferdinand has consented to receive, in payment of taxes, &c. the bonds of the forced Loan of the Cortes. This statement has created much hope, but we fear it will be found that the forced Loan in question was chiefly intended to press upon the Royalists, who are now to be re lieved from the loss which they would have sus tained, although compelled to give their quota towards the exigencies of the state under the Government of the Cortes. The Mining Shares have fallen considerably, as. will be seen by re ference to the Share List. In the Companies for the investment of capital at home, there was little doing, but the same gloom did not hang over them as over the foreign schemes. The Provincial Bank of Ireland Shares are at 21 premium. The Rail-road Shares were steady ; little, however, was doing in them, as their value mustdepend much upon ,the discussion on the Bills in Parliament. The Rail:road and Canal interests are using all pc:i sible exertion, and it is said that the former are certain of success in the House of Commons, but by no means easy as to their fate in the Lords. — A Meeting of some of the leading men in the dif ferent companies will be held next week, to de termine on some co-operation for the support in Parliament of the Rail -road Bills, the notice of which were given in time for the present Session. Consols for the Account have fallen to 93H; Mexican Bonds were at 80 to 80-1- ; Colombian 89 to 894. NEW TIMES.] Although there were no Foreign arrivals yes terday, and no political information of the slightest interest transpired during the day, a decline of full one half per cent. took place place in Con.. sots, which closed at 9311 1 for the Account. The increase of the Army has been stated as the subject of alarm ; but the principal capitalists continue to rely with the utmost confidence on those measures which the British Cabinet deems it expedient to adopt, for the preservation of that state of profound peace, the blessings arising from which are so manifest and so generally acknowledged. The South American Securities were rather on the decline. Colombian Bonds closed at 8941, and for the Ac count 89 4. Mexican Bonds 80 ; } Chilean Bonds 881, Brazilian Bonds were 1 per cent. higher; and the Scrip of the last Loan at 3 premium.— The Shares of the Mining and other Companies in which any business was transacted, were lower, as will be perceived by our list of prices. [MORNING HERALD.] Tuesday's Paris Papers, received last night, contain no French intelligence of any interest. There are rumours from the German Papers . that the Emperor of Russia is seriously indisposed, but there seems nothing authentic. The serious indisposition of this Prince would excite a livelier interest than that of any other Sovereign of the Continent. It is not merely from the extent and force of the empire which he rules, but from his peculiar character, and its contrast in all that is most favourable to that of his brother and ap parent successor. It will be recollected that the arrest of a French Professor, named Cousin, by Prussian authority, in the Saxon territories, and his imprisonment in Prussia, under the charge of being an emissary of revolutionists, caused a short time since some sensation on the Continent. The ar rest was not alone oppressive, but a vio lation of the independence of Saxony. It was, however, justified by the heinousness of the crime charged. After solitary confinement, and the whole machinery of the judicial police of Prussia have been duly worked, it turns out that this Professor was a harmless traveller, and had nothing to do with revolutionists—he is accordingly to be released. But how wretch edly stupid, as well as oppressive, is the Continental police. This is the fifth or sixth instance of persons arrested or proscribed— especially in the Austrian dominions, by some blundering or malicious denunciation of the spies of the police. Accounts from Vienna state, that Count A ppong, a Hungarian Noble of great wealth, is appointed Austrian Ambassador to London. Ile is on his way to Naples for the purpose of condoling with the new King on the death of his father, and proceeds thence to Lon don. Prince Esterhazy, who had been Ambas sador here, is to represent the Emperor of Austria at the Coronation of the Kiisg of France. ♦ [THE TlmEi.] That obscene little personage (Slr. KEAN) is, we see, announced to make another appearance this evening. The ladies of the lobby, and the " Wolves" from the Coal-Hole, have under taken to hear him triumphantly through his ordeal, and he—fit head of such a sacred band—once more ventures to brave the indignation of the re spectable and decent part of society. Some of his defenders allege, especially an Evening Pa per lately smitten with " the nice morality" (as Lord Foppington calls it) of the slang school that Mr. Kean does not offend against decency, because decent people never go to the theatre.— We are ready to allow, that if persons like Mr. Kean continue to exhibit themselves, decent people must stay away ; but we were not aware that the theatre had hitherto become quite an in terdicted place of amusement for modest persons of either sex. And we question whether there is more strength in another position of our worthy cotemporary, that people who do not like the actor or actress have nothing to do with the matter except to stay away. On the contrary, we are in clined to think that a monopoly, supported by Royal or Parliamentary favour, is bound, so long as it is so supported, to furnish meals of enter tainment suitable to the taste and habits of the moral and decent part of the community ; and this, because that entertainment cannot be got elsewhere : and, by analogy, a theatre ought to be punished, not by a mere change of in decent for decent visiters, but by the forfeiture of its licence, as well as a public-house, if it persists in obtruding disgusting nuisances be fore the public eye. It is equally wrong in our worthy cotemporary to say, that we have nothing to do with Mr. Kean's private conduct. His conduct is no longer private : while it was, we never alluded to it ; but it has now become, through legal and regular channels, a matter of notoriety to the whole nation ; and is, therefore, a fit subject for public animadversion. Mr. Kean has, however, chosen his side : his real friends and supporters, who have hitherto upheld him because they thought his frailties overbalanced by his talents, must now desert him, when they see him dead even to that lowest degree of shame which distinguishes human from animal nature. We suspect he will scarcely find ade quate consolation among his " Wolves," and we need not add the alliterative adjunct. Our much respected and worthy County Mem ber, E. P. BASTARD, Esq. accompanied by his lady, passed through Exeter on Thursday last for London (his health being corhpletely re-established), to attend to his Parliamentary duties. There is not the least foundation for the rumour which has been very industriously circulated, that, 'at the approaching General Election, Mr. Bastard will not again come forward.—( Exeter Paper.): WM. LAWLESS, Esq. a General in the French army, and Knight of the Legion of Honour, died at Paris on the 25th of December, in the 53d year of his age. This gallant officer was a native of Dublin. The operative cotton-weavers of Carlisle have issued an appeal to the manufacturers of Cum berland, on their present degraded situation, in consequence of the low rate of wages w ith which they are paid. . e Th ey shillings cannot, a.w they ee k say, Pa r rs(ne more than six or seln Mercury). LORD MAYOR'S COURT. Yesterday a case of considerable interest came on before the Court, and occupied it upwards of five hours. In the year 1815 an Antwerp merchant, named Joseph Ho zai, became a bankrupt there. A short time ago Messrs. Scott, Garnet, and Palmer were parties to an attachment of consider able property in the hands of Messrs. Bowker, of Alderman bury, in the name of the bankrupt, and Mr. Benhayen claimed that property now as approver or assignee to the bankrupt's estate, for the benefit of the creditors. There were, therefore, four parties in the case, and the approver stood in the condition of plaintiff; and Mr. Hozai that of defendant. Alr. BOLLAND for the approver stated, that he had simply to prove the bankruptcy of Mr. Hozai at Antwerp, and the pos session by the tarnisher of the property of the bankrupt,to chew that his client was entitled to a verdict. Blr.iCannan, clerk of Messsrs.Decfcins arid Co. of Fenchurch street, stated, that he went to Antwerp last month, in order to get documents from the Chamber of Conimerce there, to prove that Mr. Benhayen was appointed syndic to the bank ruptcy of Joseph Hozi.i. Witness went to Mr. Herryns, a Judge of the Chamber of Commerce, stated the object of his visit, and was by him introduced to Mr. Schram, the President. Mr. Govertz, another Judge of the Chamber of Commerce, was also present, as well as the Registrar, who produced a book, from which witness made extracts, which he compared with the contents of the book in the presence of the President, Judges, and Registrar, who afterwards authenticated and set the seal to the documents. These documents were understood to be confirmatory of the act of bankruptcy. Mr. LAW, for the defendant, observed that he considered the Chamber of Commerce of Antwerp as no more than a chamber of moonshine. Mr. Joseph Schram, who has a house in business at Antwerp as well as in London, said his brother, Emanuel Schram, was President of the Tribunal or Chamber of Commerce at An twerp, and that gentleman's signature was attached to the do cuments alluded to. By the COURT—Do you know that questions of bankruptcy are discussed in the place called the Tribunal of Commerce. The witness answered in the affirmative. Mr. Hozai was a merchant at Antwerp in 1815, and witness believed his affairs were at that time deranged. had not, however, seen Mr.Hozai since the year 1815. Mr. BOLLAND then put in the documents. Mr. LAW objected to the reading of the documents. It had not, he said, been proved that Mr. Hozai whose property was attached was the Antwerp bankrupt. Mr. BOLLAND, in reply, referred to the pleadings in which it was stated that Mr.Hozai became a bankrupt in 1815, at Ant werp, and that the usual proceedings were resorted to, by which an approver was appointed, and that such approver was the only person entitled to bring an action on the case. To this the Learned Counsel said, a replication was made that the approver had no right or title to claim the property of Mr. Hozai, and thereupon issue was joined. He considered the evidence that Mr. Hozai was a merchant residing at Antwerp in 1815 suffi cient for the Jury, and he looked upon the application as recog nising and admitting that Mr. Hozai was the person alluded to. Mr. BARNARD, on the same side, argued that not only a prima jiicie case for a Jury was made out, but that there was very strong evidence. Mr. Law insisted that there was no proof of the hankraptcy, and that there might be in so large a place as Antwerp several Mr. Hozias as well as there were several Mr. Smiths in London. A London Jury were not to be prevailed to look upon as con clusive what was said or done by a comfortable set of men who took it into their heads to make bankrupts of persons they knew nothing at all about. It was a story savouring too much of the Arabian Nights Entertainments to carry weight with it. There was here no evidence of personal identity —a thing indispen sable in such a case. Mr. BOLLAND said the defendants were called upon to prove that Mr. Hozai was not the Antwerp bankrupt. A case had the other day occurred in the Court of King's Bench, that of Duncan v. the Proprietor of The Morning Advertiser, in which Mr. Brougham had taken an objection that the Mr. Duncan alluded to might be the father of the person meant, and when it was answered that the father was bail for the son, Mr. Brougham argued that it might be the grandfather, upon which the Lord Chief Justice observed that the defendants had not proved that there was a grandfather. Mr. LAW said that was no reason that Mr. Hazai, who was the defendant in this case, should be the bankrupt of Antwerp. The RECORDER said the defendant had it in his power, if he was not the bankrupt, to prove that fact. There could surely be no difficulty in saying he was hot a bankrupt, if he could say so. Mr. LAW contended that at all events there was no evidenee to prove the right and authority of the Antwerp Chamber of Commerce to vest the property of a bankrupt in an assignee.— There was no proof of the law of that place as to bankrupts. Mr. BOLLAND said he had documents, signed by the Au thorities in proof of his case. If such proof were not admis sible, how could commercial affairs be carried on with foreign countries ?—lt was perfectly well known that in all foreign countries Tribunals of Commerce decided in cases of bank ruptcy. Did his Learned Friend mean to say, that if docu ments, signed by him as Commissioner of Bankrupts, to no more than the extent of his authority were produced in a fo reign country, they would not be conclusive ? Mr. 13ARNARD said, that as it was impossible to compel the President or the Judges to come over here to give evidence, all that could be done was to give the best evidence that could be had, and such evidence was admissible upon the principle with respect to all known and unknown Courts, that " Oninia presu. niuntur fuisse rite (zeta." Now it happened that the plaintiff was actually encumbered with the load of proof. Mr. LAW contended that the principle uninia presunnintur fuisse rite aeta, was too dangerous to be extended to all known and unknown Courts. lie would instance a case in which it was far from being admitted. Indeed the presumption was (and so was the fact), that there was gross misconduct upon the part of the person in question. It was stated before a re lation of his (Mr. Law), that the Governor of an island had imprisoned a British subject in a very confined place, and the principle just quoted was stated in support of the act, upon which the Judge said, that he would look to the authority of' the person, whether he was a Governor or not who presumed to imprison an English subject in a room of such limited dimen sions, and lie would look most narrowly too. He (Mr. Law) trusted that the Jury would look with as much caution upon the conduct of the Authorities of Antwerp, who he contended were not able to clothe any man with such a right as the plain tiff claimed in this case. _ . The REconnEit — said, there was no Judge whose deci sions were deserving of more respect than Lord Ellenborough, but the instance just cited had no reference to the question be fore the Jury. The documents were then admitted in evidence. They stated that in May 1815, Joseph Hozai having stopped payment was adjudged to be a bankrupt, and that Mr. Benhayen was ap pointed approver for the benefit of the creditors. This was the case for the plaintiff: Mr. LAW then rose for the defendant. He observed, that what was called a bankruptcy was a failure quite distinct from a bankruptcy, that there was no identity proved as to the person who was charged with having been declared by the Authorities of Antwerp a bankrupt, and he contended that his client must receive a verdict, as upon these grounds, as well as upon the fact of the want of proof, that the bankrupt laws of Antwerp divested bankrupts of property which might have been obtain ed after bankruptcy. The RECORDER, in addressing the Jury, said, that except they could say upon their oaths that they believed the defen dant was not the person who became the bankruin at Antwerp, they were bound to find lb:- the plaintiff'. The defendant, if he was not the bankrupt, was bound to prove it. The Jury consulted for some time, and The RECORDER again addressed them. He told them that if they found for the approver, the effect would be in— Mr. LAW begged to inform the Court, that the Jury ought not to be informed of the effect of their verdict. The RECORDER said it was his duty to inform them. If they found for the approver he would not immediately come upon the property, he must bring his action against the gua rantees. The Jury, after some deliberation, returned a verdict for the defendant. FATAL PUGILISM.-Saturday evening two young men, named Ezra Cozier, blacksmith, and Miller, a carter, qua rrelled, and determined to m ee t on M on d ay morn.. 1 g ' to decide their dispute. At eight o'clock th ey met, an d repaired to a field on the New Painswick-road, each attended by his backer. After fighting for nearly half an hour, Cozier, on being brought up to time, staggered, and appeared so in capable of further exertion, that the spectators separated the combatants, and it was discovered that he had received serious injury, as he complained of dreadful pain about his head. He was carried to the Norwood Arms Inn, near the turnpike, but before he reached the house he was a corpse. In the course of the day his opponent, and the backers of the parties, left the neighbourhood, until the verdict of the Coroner's Inquest was known. On the arrival of the Coroner, on Tuesday, the Jury assembled at the Norwood Arms, and viewed the body, which was subsequently opened, and it was clearly ascertained that his death was occasioned by a blow on the jugularti'ein, on which a severe contusion appeared, and a quantity of extra vasated blood was found on the brain. The Jury were occu pied from one o'clock in the afternoon till nine in the evening, when they returned a verdict of " Manslaughter" against J. Miller, as principal, and E. Mansel and W. Hadlam, as se conds.—( Cheltenham Chronicle. ) LAW INTELLIGENCE. COURT OF CHANCERY, Jaw. 27. DORTON SEN. AND JUN.-CONTEMPT. This is the case in which the parties were warned to answer for contempt in cutting down timber, contrary to the injunc tion of the Court, or they were to be committed forthwith. Mr. HART now moved, the parties being in Court, that they should be committed. Mr. ROUPELL, for the parties, pleaded that they were far mers, and persons of that quality of understanding which made it impossible fir them to understand that they were committing any offence. A decree had been obtained against them in 181 6 , and they had heard no more of it. When they received the order of the Court, enjoining them to desist from cutting the timber in autumn last, they took it for a trick of their anta gonists to frighten them. The LORD CHANCELLOR expounded the law of contempt, which was not, as was vulgarly supposed, to justify the dignity of the Court, or the personal consequence of the Judge, but for the security of the subject, and the protection of his rights and property. No Judge could forego the exercise of the power which that law gave him, without. endangering the sanctity nf the laws in general. But why was there nothing done upon the decree obtained so long ago as 1816 ? Must this Court be sub jected, as it was, to libels of every kind, poured forth day after day, for delays created by the parties themselves ? The delin quents must be committed, with leave to present a petition praying for inquiry into the causes which have delayed further proceedings upon the decree of 1816. ROBERTS V. BOZON. The argument was then resumed upon this laborious case, which respects a considerable portion of the property of the cc' lebratedCrennis tin mines in Cornwall. Mr. HORN and Mr. KNIGHT stoutly supported the right of the Solicitor (the defendant) to include the clause in the deed upon which he had proceeded to effect the sale, which clause had for its object the assuring to the Solicitor the amount of the debt claimed by him upon Mr. Joseph Rowe for an in finite series of expellee and services which the defendant had contributed to Mr. Rowe in the course of that litigation which the latter had enjoyed with Mr. Alderman Wood. The LORD CirANCELLOR, in a variety of incidental obser vations, seemed to be of opinion that the clause implied rather too strict a security to be taken by one who was engaged in con fidential agency. His Lordship hinted that they (the Court) were " too far north" to entertain the obligations of deeds so framed. VICE-CHANCELLOR'S COURT, JAN. 27. lIANDFORD V. STOREY. The VICE-CHANCELLOR gave judgment in thi , cause, which has occupied in argument a large portion of the time of the Court. The bill was filed by the plaintiff on behalf of him self and others, the creditors of tile Marquis of Headfort and of Lord Bective, against the defendant, who is also a creditor, to obtain the refunding of a suns of money received by him, and to a proportion only of which he was entitled. It appeared that Lord Bective being entitled to the remainder in tail of certain estates, of which his father the Marquis of H. was tenant.in-tail, joined with the latter in conveying those estates to trustees, for the purpose of applying the rents and profits from time to time in li quidation of their joint debts, so as that the creditors should re ceive rateable shares in proportion to their several claims. A Air. Ball was appointed receiver and agent under this deed to carry its provisions into effect. The present defendant, the Rev. Mr. Storey, who had been a party to that deed afterwards, in the year 1811, commenced a suit against Lord Bective for the recovery of his own debt and those of the other creditors. Lord Bective was desirous to put a stop to this proceeding, and All. Storey was afterwards induced to compromise it on payment of certain sums. These sums were handed to him by Mr. Ball, and were, as WAS alleged by the present bill, the proceeds of the trust estates. It was therefore charged that the defendant had received money to which he was not entitled, and that Ball, the agent, had paid it wrongfully. His HONOUR, after having reca pitulated the facts of the case, said that the bill before him could not he sustained. The evidence failed to prove that the money had come immediat4 from the hands of Ball to those of Storey. Ball was perhaps justified in paying money to Lord Bective, and the latter had a right, if he tlaought.fit, to apply that money for the purpose of staying the suit which had been commenced against him. But how could Mr. Storey, who was not shown to have been a party to the transaction, whatever it was, between Lord Bective and Ball, be chargeable for the amount he had so re ceived ? The . bill must therefore be dismissed with costs. COURT OF KING'S BENCH, JAN. 27. DARTNALL v. HOWARD AND GIBBS. This was an action against Messrs, Howard and Gibbs, for negligently laying out the money of the plaintiff on mere per sonal security, which proved insufficient. The case has • been twice tried : at the first trial, the plaintiff was nonsuited on A point of pleading ; at the second, lie obtained a verdict. The ATTORNEY-GENERAL now moved for a rule to show cause why the judgment should not be arrested or a nonsuit en tered. He grounded the frst part of his application on the form of the declaration, which did not allege that the defendant. were attornies, or that they received any reward for their trou ble, without which they would not be responsible ; and the se cond, on a ~ ariance between the allegations, and the evidence, inasmuch as the declaration alleged the duty to arise from the mere confidence reposed in the defendants; whereas it appeared they were to receive commission. The COURT granted the rule in the alternative. ARCHES' COURT, JAN . . 27. Richard William Jennings, Esq., was admitted, in pursu ance of the rescript of the Archbishop of Canterbury, among the number of the Procurators-General exercent in this Court. DURANT AND DURANT. The reading of the evidence in this cause, and the opening of the argument of Counsel, occupied the Court for the remain der of the day. TILE CIRCUITS.---Yesterday morning the Judges in the Courts of King's Bench, Common Pleas, and Exchequer, were chosen on their respective Circuits, preparatory to the commencement of the ensuing Lent Assizes, as follow-- viz..— HOME CIRCUIT—The Lord Chief Baron and Mr. Baron Graham. NORFOLK—Lord Chief Justice Abbott arid Mr. Justice Gaselee. NonTIIERN-111r. Justice Bayley and Mr. Justice Holroyd. MIDLAND —Lord Chief Justice Best and Mr. Baron Hul lock. OxFoRD—Mr. Baron Garrow and Mr. Justice Littledale. WESTERN—Mr. Justice Park and Mr. Justice Burrough. BIRTHS. At his house, Grosvenor -street, on Tuesday, the 25th inst., the Lady of Dr. Dreyer, of a daughter. On Wednesday, the 26th inst., in Portland-place, the lady of William Curtis, Esq., of a son. On Wednesday last, the wife of Mr. John Anderson, book seller, Smithfield, of a son. MARRIED. On the 27th inst., ''by the Rev. Thomas Hyde Ripley, filo Rev. William Hutton Wilkinson, B.A. of St. John's College, Cambridge, and of. Nether Hall, Suffolk, to Eliza Caroline, daughter of G. B. Tyndsle, Esq. of Lincoln's-Inn-Fields. On Wednesday last, at Great Rainham church, Norfolk, Charles Loftus, Esq., third son of General and Lady Elizabeth Loftus, to Jane, youngest daughter of the late Colonel John Dixon, formerly of Rainham-hall, Noffolk, and Harley-street, Cavendish-square. On the 26th inst., at Lichfield, 'Brueton Gibbons, Esq., of Birche's-green, near Birmingham, to Eliza Lucy, youngest daughter of the late Charles Leonard, Esq., of Hampstead, Staffordshire. On the 27th inst., Francis Frederick Rougemont, Esq., of Dulwich, to Marianne, youngest daughter of Alex. Glennie, Esq., of Great James street. DIED. On the 22d inst., at Dorking, aged 38, the Rev. John Whitehouse, pastor of the Independent Church and congrega tiOn at that place. On the 26th inst., Thomas Wapshott, Esq., of Chipping Norton, Oxfordsh&e, aged 90. On lontlay last; the 24th inst., at Walworth, Phoebe, wife of Mr. William Dudds Clarke, and, eldest daughter of Mr. William Phillips, of Dorking, Surrey. On the 25th inst., at St. George's-place, St. George's East, in his 71st year, Sir. John Cheap. On the 17th inst., at Fort Pitt, Chatham, Cfiptain John Pollock, sth regiment, aged 28. On the 26th inst., at Mr. Hornidge's, in Great Ormond street, Mrs. Jowett. On Tuesday, the 25th inst., after a confinement to his room of only three days, aged 76, Mr. Isaac Voles, of Duke -street, Portland-place, wine-merchant. On Wednesday, the 26th inst., at Leyton, in Essex, Joseph Cotton, Esq., Deputy Master of the Trinity House, in his 79th year. Printed and Published for the PhomEToits, at the SUN. OFFICE, No. 112, Strancl, by J B. CARSTAIRS.