The Sun. — London, England, 1825-11-03 00:00:00

FIIE LONDON JOURNALS. DA Ita, Extracts . I'4 the Morning Papers, Nov. 3, 1825. [MORNING HERALD.] There is a curious and anomalous contrast ob servable between the two nations of Spain and Portugal at this moment. The latest arrivals brought news of some inte'rest from both. Spain, with all the resources of climate, boundary, and rich and extensive territory—the elements of national and individual character to make a rich and powerful people—is in a wretched state of helplessness and distraction. The Ministers have changed once more. One would be surprised that any men should accept office on a tenure - so insecure, and with so little of the common in ducement to ambition—emolument and power. The Spanish Minister has neither. Under these circumstances, it appears the Duke of lnfantado —whose name is familiar in this country—has accepted, office. What interest has brought him in, and what principles he will act on, is, and ever must be, matter of great uncertainty in li mine. Almost all who adhere personally to King Ferdinand are men without fixed principle or character—and what is still worse, without ca pacity. It is the opinion, however, of those who are best acquainted with the condition and politics of Spain, that the Duke of Infantado has come in on the understand,ing of extermination to the French, which is the cry of the clerical and ser vile party, even more vehemently than of the Constitutionalists. The cabal against M. Zea Bermudez, is said to have succeeded in overset tin him at last, by taking advantage of two circum stances—his failure to procure a loan, and a dis position manifested by him, under the influence, real or supposed; of England; to recognize the independence of- the N e w States of America, which King Ferdinand will not he'ar•Of—the one of which was beyond his power—the other to his credit as a Minister.. Portugal, an' the other hand, is tranquil at home, and pursuing a reason able policy abroad. The independence of Brazil being' established in fact and irrevocably, has been acknowledged by the King of Portugal in form. The treaty has been concluded under the medi. ation of the British Government represented by Sir Charles Stuart.—This document is unusually brief. First, as to what it does not contain. There is no sum paid or promised .as the price of independence to the mother country. There are various articles establishing relations of amicable interchange, On terms of equality, and - providing for the undisturbed security of property. Two other articles of some interest may be specified. By one of these the King of Portugal, whilst he acknowledges the indepen dence of Brazil as an empire, and his son as Em peror, yet reserves and assumes the title of Em peror to himself. This might look like a reser vation of sovereignty, notwithstanding the recog nition. But it, is most probably a mere plume reserved by the father, in order that he may not rank, nominally as a Sovereign, below his son.— It does not go to his successor. There is no pro vision in the treaty against the descent of the two crowns upon the same head. But there is, we 'relieve, in the Constitution of Brazil an article providing that the . Sovereign shall reside there— so that, in the case .of- one Sovereign of both States, Portugal would become the dependant of Brazil—not Brazil of Portugal. In the second the young Emperor promises not to accept the proposals of any Portuguese colonies whatever to unite themselves with Brazil—which gives Por tugal a stronger and surer hold upon the remain. der of her colonies. [MORNING CHRONICLE." • By the Vibelia transport, we yesterday receiv ed from Rio de Janeiro. i dated Bth September, inclosing a private copy of the Treaty concluded between the Plenipotentiaries of Brazil and Por tugal, on the 29th of last August, of which we subjoin our own translation. By this document it appears that his Most Faithful Majesty has ac knowledged the Sovereignty and Independence of Brazil, on the sole ;condition of retaining for him self the temporary and nominal title of Empex'or, leaving to his son and his successors the effective and real one. The whole of the Treaty, indeed, seems penned in the true spirit of cordiality, and is certainly extremely advantageous to Brazil.— It may not, however, meet the expectations of many of the Portuguese in Europe, who were led •to believe that their wines and salt would have been exclusively admitted into Brazil, and the rice and sugars of the latter, on the principle of reciprocity, into Portugal, besides a large sum of money. being paid down as an in demnity to the mother country. The King of Portugal, however,, has been magnanimous, and given to the Treaty, intended to secure the future destinies of his son, a degree of so !enmity: and character, which it would not have borne if it- had the appearance. of a peconiary bargain. When the King quitted Brazil, he left behind him a - . considerable personal and public debt, and if the son had not generously com menced his - political career, by paying the amounts to which his father's honour was pledged,.a sti pulation to this effect might have been neces sary. Portuguese subjects, holding territorial and other property in Brazil, are, nevertheless, se cured, so that, in the event, both parties will be materially benefitted. We have, therefore, only to express a hope that the Commissions to be appointed for the settlement of losses and spo hations, will be carried on amicably and justly, by. which : means many innocent persons will be saved from ruin. It is singular, there being two, if not three, packets in port at Rio Janeiro, in the early. part .of September, besides some British vessels of war, that this important and anxiously expected `document should have reached England first by a transport: This, however, may be ac cident. No doubt , a vessel has been dispatched with the Treaty to Lisbon, where it will spread universal joy. The trade of Portugal has been so long at a stand, that the industrious inhabitants of the North will hail it GS a blessing. There,and in other parts of the - king,dom, they had begOn to build vessels, 'intending to avail themselves of tile opening with Brazil. In this Treaty, however, it ' will be seen that nothing is said of , the right of succession to the throne of Portugal. This we always considered as a difficult point, at least to be made public, and no doubt it forms the subject of a secret article. The King of Portugal knows the character of his second son, who even at tempted his life, and he must be aware that lse could never make his subjects happy. He must, consequently, be anxious that Portugal should be governed by the - rightful heir, who, no doubt, will avail himself of a Regency at his father's death, as he has now bid adieu to Europe. Till :the relations of friendship are better formed be tween the two countries it has certainly been more prudent to waive a subject that might have created uneasiness, and possibly suspicions in both parties. There is one peculiar feature in the negociation of this Treaty, which cannot fail to attract notice. England is stated as the mediating power between the two contending parties, at the same time that an. English Diplomatist appears in the direct character of Plenipotentiary for one of them. The Independence of Brazil being once settled, we have every reason to expect a new and sepa rate Treaty for the protection of our own corn mercial interests with both the latter and Portu gal. Our Treaty with the King of Portugal, signed at Rio de Janeiro on the 19th February, 1810, has expired, and, as it formerly stood, its renewal, with so important an event in expecta tion, would have been useless. [THE TIMES.] It being only in a part of our edition of yes terday that we were able to present the Treaty between Brazil and Portugal, we this day publish it in the whole of our impression. It is not often now that we have such a document to discuss as a treaty of alliance and amity between indepen dent States, and therefore we ought to make the most of so " good a thing" whenever it occurs. But, in truth, looking at that before us, we have at the outstart to inform our readers, that it is as mere waste paper, as perfect a nullity, as those forms of Latin verses which are practised at schools to teach boys prosody, called " non sense verses"— " Omnia non meruit, quicquid fuligine causam." Such is the treaty "published at Rio de Janeiro," and to be ratified at Lisbon within five months, or sooner if possible ; and John, King of Por tugal, might, as to any political consequences, just as well sign the Latin nonsence above cited as this said treaty. Yet, inefficient as the instru ment is as to its effects, it is not without its b su rdi ties, and those of the grossest kind, in its execution. First, it is remarkable that the sole negociator on one side is not a subject of the Prince for whom he negotiates. This sometimes occurs, we believe, among the States of Ger many; but it is totally unprecedented, that such an intermediary or negociator in the first instance should be the subject of the State which is to be 44 sovereign mediator,"—which is to de cide in the case of a " division of opinions and " equality of votes," in subsequent disputes.— How can Great Britain act as umpire hereafter between the high contracting parties, on the in terpretation of the treaty, when she, through one of her subjects, has made and signed that treaty ? Except, indeed, Sir Charles Stuart had ceased to be a - British subject before he went out to nego ciate for King John of Portugal ! After what we have said of the perfect nullity of the treaty— of its absolute nothingness—it would be super fluous to discuss the articles. We observe that both the Sovereigns are to be styled 44 Em peror of the Brazils." What trash ! The two Kings smell at the same rose : we hope they will find no thorn t-here. It is right also to notice, in a financial point of view, that in this treaty of Brazilian independence nothing is said respecting pecuniary indemnity. Now it is well known that near two millions of the last loan have been retained in this country, with the expectation that it would be paid to Portugal under the forthcoming treaty. This circumstance ought to have increased the value of the Brazilian Scrip ; but, what is very remarkable, though it rose at the commencement of business, it declined near one per cent. from that price, proving that considerable distrust exists as to the effect this treaty may hereafter have on the tranquillity of the country. [THE PUBLIC LEDGER.] The treaty between Brazil and Portugal is, in its way, a pattern of liberality, and as fine a spe cimen of enlightened policy as is to be met with in the archives- of diplomacy. Every provision that human ingenuity could suggest is made for its faithful observance, by its holding out equal ad vantages to the high contracting parties, and by placing them in every respect on the most perfect footing of equality. It will be seen that no pecu niary indemnity of any kind, or under any title, has been stipulated for on behalf of Portugal ; and that every other concession, whether commercial or territorial, has been also abandoned on her side. By the 6th Article it is stipulated, it is true, that all property sequestrated or confiscated on either side shall be immediately restored ;and by the 7th, that all ships and cargoes taken shall be also restored, or their owners indemni fied—by which arrangement a balance will be probably struck in hehalf of Portugal. These stipulations, however, are founded on strict jus tice, and cannot, therefore, be termed a bonus to that country, acknowledging the independence of her late Colony. To whomsoever the praise of suggesting the provisions of this Treaty belongs, he merits the thanks of both parties, and the ad miration of every one, who wants to see a narrow spirit exploded in politics. He also deserves the strongest Approbation, for setting an example before the miserable Councils of Spain, who must either follow it, or renounce all hope of termi nating their ruinous differences with . the quondam Spanish Colonies. This Treaty will produce an extraordinary sensation at the Court of Madrid ; and if a thunderbolt were to fall at the feet of Ferdinand, it could not excite more sur prise and dismay. - All the hopes with which he has flattered himself, since the publication of the Treaty between France and Hayti, of re-, ceiving an immense - price for acknowledging the independence of the New Trans_etlantic States, will melt away like the images of a dream, as soon as he peruses this Treaty. Thanks to the Statesman who has procured for that unfeeling Prince this new mortification, for he stands in need of it to bring him to a proper sense of the evils he has inflicted on humanity. This treaty would also have a salutary influence on the con duct of the South American Cabinets, if they wanted such a guide ; but their own wisdom and magnanimity are sufficient guarantees, that they will do nothing unworthy of the spirit with which they have conquered their independence from Spain, in any treaty with that power. Therefore the Spanish Monarch must look to some other quarter for relief from the overwhelming weight of his pecuniary difficulties. As the expecta tions he built upon loans have also failed, he has no resource left but such as the good will of the Spanish nation may supply ; and, to gain the con sent of that people, he must make concessions in return, which have more terrors for him than even the spectres that continually haunt him in the menacing forms of famishing administrators, and royal partizans invoking compensation with loud, angry, and fruitless cries. [BRITISH PRESS.] We greatly fear that Sir A. Campbell will not be left to make peace on his own terms, but that the instructions which have been sent out under apparently adverse fortune, may lead to a termi nation of hostilities on too easy conditions. We ardently hope it may be otherwise. When Sir Archibald Campbell shall have followed up his successes, of which, from his known in trepidity and promptitude, there is no doubt, he will, if he is not fettered, dictate such terms as shall free our Government in India from all future danger of expeditions from the Burmese. In sound policy the King of Ava should be at once deposed. Any attempt to convert him to friendship must be utterly hopeless. If India is to be preserved by Great Britain, this warlike barbarian must not be left in a condition to dis pute its empire. He will accede for the moment to any conditions, and he will abide by them until he shall have recruited his strength, au .l can take the field with any chance of success. To expect from him any thing like a just and faithful ad he rence to his engagements would be the height of credulity. As to a reimbursement for the ex pences of the war, we fear it is not to be looked for. There is, if we are well informed, very little, if any, bullion in the Burmese country ; the only gold they have is applied in burnishing their tem ples, and in gilding the different articles which are to serve the purposes of Court splendour.-- Ilis Majesty of Ava is, we believe, in no condi tion to purchase his independence with lacks of rupees. It is well he is not, for on no terms should his independence be recognized. It has cost too much to subdue his empire to just. f a hasty restoration of it. If there are persons who think differently, and who, in the spirit of chivalry, would insist that we ought to pre serve to him his ' dominions, we would re mind them of the reply which a rustic com batant once made to one who interfered for what he conceived the rights of justice. Ile had got his adversary on the ground, and, keeping the advantage he had gained, would not suffer him to stir, when one who was passing by and saw the situati, .1 of the undermost, exclaimed, " Come, come, my good fellow, fair play's a jewel—let the man rise, and fight fair." " Ah," replies the other, " it's very easy for you to talk, but if you had had as much trouble to get,him down as I have had, you wouldn't be in such a hurry to let him up again." [NEW TIMES.] By the Princess Charlotte, which left Calcutta on the 24th of May, but did not get clear of the land till the 10th of June, we have received ad vices of a highly gratifying nature. The most important is contained in the following extract of a private letter, dated Calcutta, the 7th ofJune:— " The Burmese war is terminating happily, and it is probably concluded, subject to confirmation on the terms of peace by this Government. I rejoice at it ; for nothing could exceed its improvidence, if the general opinion be accu-ate ; but the result of war never can be a question in Asia within the next half century or more." The authority from which, this intelligence is derived leaves no doubt of its accuracy : and as we were the first to anti cipate a successful termination to the Burmese War, so it will afford us sincere pleasure to have been the first to announce the actual conclusion of the contest. Many things hap. pen, it is true, between the cup and the lip; and a treacherous barbarian , is very likely to recede from preliminaries to which he has sub scribed, but still our forces stand in such a commanding position, and experience has shown that the Burmese are capable of offering so little resistance to our progress, that even the King of Ava must feel that his safest policy is submission. It must be remembered that we have three armies at nearly equal distances from his capital, one at Munnipoor on the North-west, another at A rra can on the West, and a third at Prome on the South ; and not a doubt can exist but that if the war should be protracted till after the rains, they might all then concentrate on Ummerapoora, and annihilate the Burmese Empire with much greater ease than we did that of Mysore.— By other letters from Calcutta, and by the Price Current of June 2, we have the confirmation .of the previous intelligence of a Five per Cent. Loan. A considerable scarcity of money existed at that time in the country. There was a talk of the issue of Exchequer Bills, to bear interest of 4 per cent. which it was supposed would affect the Bank profits. The Exchange had risen to Is. 111 d. and it is even said that there are bills in town so high as /s. H. The weather gave every indication of the setting in of the periodical rains. The appearance of the crop of Indigo was favour able, but tile river was high for the period of the season, and the crops would have much to en counter after that time. MORNING rosT.] In a preceding column will be found the Treaty concluded, under the mediation of this country, and through the agency of Sir Charles Stuart, between the Emperor of Brazil and the King of Portugal.—(See the Sun of yesterday.)—lt was published at Rio, and has been brought by the Vibelia transport. By this Treaty Brazil is to assume, or rather to retain, the name of an Independent Empire, totally separate from Portugal and Algarve. - 'Don Pedro is to be the Emperor, and the full and whole sovereignty is transferred to him by - his father, who only stipulates that during his personal life he shall also wear the title of Emperor. This, it is sup posed by some, is merely a question of delicacy, in order that the King of Portugal should not be stripped of any dignity which he may have en joyed : but the supposition appears to us erro neous, as we are not aware that his Lusi tanian Majesty ever assumed the Imperial purple, even when he reigned at-Rio de Janeiro. A mere name, however, cannot invalidate a solemn recog nition of independence, and its being worrrby the Father is a matter which may interest the Son, but is of no importance to his people. The re maining articles provide for the maintenance of peace and friendship between Portugal and Brazil, and for indemnities to the subjects of both, in any case where they may have sustained losses during the existence of hostilities. These indemnities are to be awarded by a Commission, composed of an equal number of Brazilians and Portuguese, acting under the mediation of Great Britain, who is to have a deciding vice, where there shall happen to be an equality of votes. By the third article of the treaty, his Brazilian Majesty engages not to accept the proposals of any Portuguese Colonies whatsoever, to unite themselves with Brazil. GWENAPPE MINING COMPANY. Yesterday the LORD MAYOR received communications from Mr. Dawson and Dr. Price, two of the Directors of the Gwen appe Mining Company, contradicting the statements made in the justice-room of the Mansion-house, respecting themselves and that Association. It appeared, from these letters, that the Company's funds have been withdrawn from the bankers, not from any apprehension of an attachment, but in order to com plete the contracts for the purchase, of the " Cathedral Mines" in the parish of Gwenappe, which are, by the best Judges, deemed very valuable, anti have lately been much increased by the discovery of several new lodes. Not a shilling has been expended but for the advancement of the Company's interests, and so economical have the Directors been, that they refused to allow one of their body (who had been sent down to Cornwall on the Company's business), any remunera tion for his trouble, beyond the repayment of his travelling expences. Dr. Price concludes his letter by remarking that " the true ground of complaint is not that the Directors are not carrying the objects of the Association into efiect, but that they are, the complainants being composed of individu a l s w h o never wish to see a mine worked beyond the precincts of the Foreign Stock Exchange; and when the shares are no longer produc tive in that place, according to the usage of Companies got up for such purposes, many of which they are connected with, they expect to be paid off at par." Mr. Cooke, the principal Managing Director of the Corn . pany, attended in person, and requested to be heard in jus tification of the Company. He had travelled fifty miles from the country, in his anxiety to deny, in the most decided manner, the truth of the imputations cast upon the Direc tors, the moment he had seen them. Ile knew not whc the individuals were who waited upon his Lordship, or whether they were hone fide shareholders; but this he knew, that the whole of the assertions made by them were utterly unfounded. Before the Company was formed, or a prospectus issued, he went to the Mines, and made a most minute investigation into their qualities and condition. So perfectly was he satisfied that the Company would prove one of the most profitable, that he was ready to stake his own private property that it would produce 10 per cent. upon the capital invested in it. Notwith standing what had been stated in a Morning Paper, he could positively affirm that Lord Nugent's name had not been used without his permission. The LORD MAYOR—How many shares were allotted to Lord Nugent ? Mr. Cooke said the number set down for his Lordship was 50. His Lordship had certainly expressed 4 wish to have them sold, when he understood they were at a premium; but on being assured that the quotations were made falsely by the job bers, his Lordship was satisfied, though he still refused to make so large an investment as 50 shares. He (Mr. Cooke), however, had since paid the deposits for his Lordship, whom he considered indebted to him for them.--(A laugh.) The LORD 3Larou—Vou cannot consider Lord Nugents as a Director. Mr. Cooke—Yes, my Lord, we certainly do, since I hold 50 Shares on his account. It has been said that there is no inten- tion to work the Aline. Now I can state that two lodes have been already cut through, and that a steam-engine is now in full work. The shares which the Company purchased at 47d. the original Shareholders now consider as worth 70/. in conse quence of a vein of ore having been recently discovered. The Lord Mayor observed that , it was one of the points of complaint, that only 400 shares had been paid upon. Mr. Cooke replied, that had the statement been made upon affidavit, no such allegation would have appeared. The whole 1,800 shares had been regularly issued ; but some had not been taken up, and of those the Directors were the holders, in addi tion to the number allotted to them. The Lord Mayor suggested, that the best mode of removing the injurious impression that had been created would be, to call a public meeting of the Shareholders,' and have the matter fully and satisfactorily investigated. Mr. Cooke said, that he had laid a requisition for that pur pose before the Directors. The Lord Alayor expressed his belief, that the publication of the case had done some.good. He had stated to the ppplicants that he could not pity them for any inconvenience they might sustain, as they appeared to be chiefly actuated by a gambling motive. Mr Cooke said, a resolution had been entered into by the Directors, that not one of them should be paid until the work became profitable, aad that they had not taken one guinea. THE GLOUCESTER-PLACE SWINDLERS.--It t urns out that the man and woman servant to the swindlers in Glou cester-place, are the identical persons who officiated in the same capacity to another part of the same gang about a twelvemonth ago in Beaumont-street. - A plan has been engraved, and is in circula tion, for building between twenty and thirty villas within the inner circle of the Regent's Park. COAL MARKET, Nov. 2. Adair's, 39s—Burdon, 405—Beaumont, 36s—Felling Main, 36s—Killingworth, 41s 9d—Ord's Redhugh, 36s—Porhop Windsor, 36s—Shipcote, 36s 6d—Tanfield Moor, 40s 6d Townley, 39s 3d—Willington, 43s—Wylam, 37s 6d—Walls End Bewicke and Co. 45s—Walls End Newmarch, 42s 6d Walls End Northumberland, 42s 3d—Walls End Riddell's, 435, 43s 6001, 44s—Lambton's Walls End, small screened, 21s, 22s—Harfley,39s—Eden Main, 41s 9d—Lyon's, 43s—Russell's Lyon's, 43s 94—Walls End Stewart's, 45s 9d—sill ps at mar ket, 24—Ships sold, 20. BIRTH. At River -terrace, Islington, Mrs. C... Tosswill, of a son. ➢IARRIED. On Tuesday last, the Ist inst., at Margate. Mr. Septimus Hugile Hunter, surgeon, son of the late Dr. Hunter, to Miss Tipper, grand-daughter of the late John Copley, Esq., both of the above place. On Tuesday last, at Dursley, Gloucestershire, John Fisher, Esq., solicitor, of Uley, to Felicia Anne, eldest daughter of Mr. John Harding, of Dursley. DIED. On Saturday, the 29th ult., at Esher, Surrey, in her 56th year, Mrs. Margaret Jane Goodwin, widow of the late Mr. Thomas Goodwin, of r Gutte-lane. _ _ _ On the 31st ult', at his house in York-buildings. Maryle bone, James Grant, Esq., purser Royal Navy, aged 69. On Saturday last, at ulford, at the honse of her relation, Thomas Wilson, Esq., Mrs. Elizabeth Mawman, aged 70. On the 24th of April last, at the house of the Hon. W. 11. Melville,,at Moorshedabad, in Bengal, of the cholera morbus, John Hyde, Esq., of Manchester. On the 31st ult.,. at Edinburgh, Emily, wife of Archibald Macbean, Esq., Royal Horse Artillery, and only daughter of William Johnston, Esq., Muswell.hill, Middlesex. LAW INTELLIGENCZ " . COURT OF CHANCERY, Ilisv 3 * LI THE LINCOLNSHIRE BANE. WO Mr. MorrTAGu wished to know when his L o case give judgment in this case. the ca se The LORD CHANCELLOR said that this was among . ntej oed whieh had occupied his head during the vacation. M e i , l e 1(1 to give judgment in that and several others, of win° " give notice in a few days. VICECHANCELLOR'S COURT, I\'° v '°V.„' I a T IL LAI" EDWARDS AND OTHERS V. HARRISON, CHAN'''. AND THE BANK OF ENGLAND• r dS, A bill was filed in this case by a lady named dwa. on ts behalf of herself and her children, praying that the del e ot iffs, might be compelled to transfer into the names of the p of t he a sum of 4,0001. consols, which had stood in the n ar l i ill, 35 two' first named defendants, Harrison and Cham ber ' l d out trustees fOr the plaintiffs, and which money had been se Ban k by virtue of a forged power of attorney. To this bill t l .. of England (for whom Mr. IIonNE appeared) dollar' After the pleadings had been read,ine rt. His HONOUR observed, that it was a case of great tiffi ance, and all that he could do would be, to put the Pl% o for a course of obtaining relief. It appeared that the best 0) . ! ac tica such a purpose was, by directing the plaintiffs to aringa u _ t hef dp ee against crimd eittwi t nh h 4e e tth E hee a rm n o k rt o o n f od E tos n lsi l oc a b n d a , lnn i a n ett t hi h oa e nt names ewaosuelad ri the Court rt e t If n• i t a : Mr. TRESLOVE, who appeared on behalf of t e of th e said that he should willingly accede to the suggestar,..d Court ; but the question, he said, had been already decia' the n u of C Co ommon Pleas. inheenVter:EupHn.ANltcEwLasLaOnltwas action ro not aware b o ya l f such a (1 0 u di Mr. TRESLOVE observed, that the case had bee n l, T nam ed ra co in tba Davis, against the Bank of England, and was reppeertstoed second voulume of Bingham's Reports. The case, ace9J e d to to the Report, was briefly this :—The plaintiff was en . o _ o thet , 10,0001. 3 per cents. On the 6th of October, 1819, his sold out J s, o o h o n ol. D o a f v t i h s is bi toc v k ir , t a u n e d o e f n a t forged ile 12 th power of os same ma ttorney °:` same fraudulent means, sold the remaining 5,0001/I.l"th'Al;Yarcb9 1820, John Davis was apprehended on another charge e l f nf , ° ,. / i, ge l r if; and shortly after his apprehension, in a ,conversation n)`; brother. when in prison, he admitted, on being ask°, frail' plaintiff, that he had obtained the 10,000/. in question asked, f ro m &dent means. On April 7 following, John Davis escap confinement, and on Sept. 30, his broker applied to tne,.'.: A uci for his dividends. The only difference between that ce-'.` , t he the present was, observed the Learned Counsel, that Pa y . ii o plaintiff, had concealed from the Bank the knowled:;e4ooo had of his brother's guilt from April to Sept. 30, 3g been dividends had in the interim accrued due, and had not tlasi: claimed by him. In consequence of this concealment th.e.;,ery. were prevented from prosecuting the brother for the forgery the The case was much argued in the Common Pico, Ind Court delivered an elaborate judgment, to the effect that n los t tion was maintainable—that the dividends which had he e t b i y m m t i e t a w ns as o f noa forged answer p t o o w s e u r ch o a f n a t e o t r i o n n ey , to wwere rtehcaotv t e i r i lalo ti e concealed his knowledge of the forgery. ur, Kb The report of the case was handed up to his Hono oF t read it. had Mr. HORNE said, that the case which his Honour vr i t o examined could not be taken aS a decided case, for it. error was now depending in the House of Lords resp.-Te..c7dta Mr. TRESLOVE submitted, that the present was a T,„,11 case than that which he had cited, because here there Tel.for, concealment from the Bank of England with re s p e coered• g fts er Ta y nh , e f a u uv r tl i ic t oEr w c a tcy s communicated as.soon as it was ca- The o A r l d r . Ch BORNEf Justice t the he of recovering dividends. L case, and a good deal of discussion had arisen uifen ie Mr. TRESLOVE obseried, that his Lordship had r Ht said capAei N dsßh C oeEswtL, that shouldLt O ta wt t a W as n a bs s eoa : ca n itd c fi oloitnpnhteelecvilloa.utwol consider itdoe ter t been cited ,before the Lord Chancellor in 31311auird.t ktd'io'newuncnatlbsirell;.aii the decision to have been good. 'th e 1 334 °' Mr. HORNE denied this, and contended that if _ v d rio,! England were liable at all they must be liable at La" 1 ,, 3 5r in Equity . . Why was ,tot an action brought in a Court etivcd Mr. TRESLOVE said, Decause the parties being der a r s ,i4o l their property, were not able to do so, unless they vie r ' by.their friends. e casehipea° The VICE-CIIANCEI:LOR was anxious to p.- :had shape in which it might be decided ; and if the parties c ourt agreed upon the facts, he would have s t a ted a case for a ,"niiirrer Law. He was, however clearly of opin i on that the LI. could be sustained, and therefore it was overruW• to file o" Mr. 1 - 10nrit then prayed a month's fur ther time answer, which was granted. __ o COURT OF KING'S BENCH, S° v • `,:pso , r . a -MELLISH', PLAINTIFF' IN ERROR, V. icilit.-,,heCoa- This was a writ of erronto set aside a judgment °I I,,,i l lect ° of Common Pleas. The defendant ,in error had I:4 1 eOr verdict in the Court below for 75001.. as damages for . t r ' zi w ith performance of an agreement into.which he had e e hol lsor' 3lr. Mellish, by which it was stipulated that Cap t. It ic 1 10 1 ' who then commanded a shi (the Minerva) which 31r:'0115, was about to purchase, was' to exchange with CaPt 3 ' l l '; e ing i'• ot who then commanded the Marquis of Ely, both sills - the employ of the East India Company, and in t rio as sL 'il certain contingencies, Captain Richardson was aga-n . c o l av- 11 4 the command of the Minerva. One of the contingeneztr ct , 0 0 . occurred and Mr. Mellish refusing to fulfil the cc 'h il, :o 3 ag ht IL reappoint Captain Richardson to the Minerva, he '"' , action and recovered damages, as above stated. 1 il ei f of 3 1‘ th i l r e r . the part of the plaintiff in error, that the agreement wa5;01,0 want of consideration, and also as .being contrary to the judgment, and he. co o n . cup port ° b it, '49SAteiri3giGepaennoE: L N I S LI ' I, iLDE no; argued at considerable e ~ o id fo .. or loss, be 'it ever so trifling, was sufficient consider.l: the jr here Richardson had engaged to go the first voYag e n i n osed t v nerva, if the consent of the India Company to the rrbt ' . nt f e o tn r hde p ed r o e t v ht e he n ra t ts in iad g ny, th a e irtgl Si oe l nd e v o ein fo i ::::: troo:i f a ; change could not be procured. He else ontendco , to eN statute of the 49th George 111. could never be construct' ~." , tending to an affair of this sort. The COURT postponed giving judgment till a future 431 This case occupied the Court the whole the day. v COURT OF COMMON PLEAS , 0° ' ' v as of, basnekrriPtelupanßt, t L s. s t b c pr A .oA : Th r Ee o ri. N E s IN NUMBEUS.---)SIAVOR v . Fxsigoce et This was an action instituted in the name of the, th ' e v rice e ,e appeared to be these: a bankrupt, Wm. Henry Pine, for the recovery o ,i pine , certain parts of an architectural work, from Jou r ' f a ct' to publish in periodical numbers, an Historico-p,lcorr!be Olio . ;_ con iu d r u . c l te l d rm th . H e pelnariyntrrin'es p.craos;..o::ellivhicroe,lool be entitled " A History of Royal Residences. 'lt Po; each publication was fixed at every second month...f ortS.ded of each number one guinea, and the total n umbefl jroce . ,' 4 4s to be twenty-fbur publication commenced, an:: ,roth'' to the 18th number . ;' several of them were decoratea jete r : iiie of royal residences, as of Windsor Palace and Ke ns iZt o r e d‘. Mr. John Pine, the defendant, took seven or e f , , he iv re , numbers. Mr. W. Pine, the principal proprietor, 0 1 1) ; t be l) r ep . was made bankrupt in 1818. His assign ees Sous the poa) sent action to recover the amount of the v alue of ' delivered. ve d, ~ the The facts of the plaintiff's case having been POitted AP oe Sergeant VaticirrArt, for the defendant, evidencesithu oleo jection which he considered would render any A COJ 110 defence unnecessary. . His objection was founde d c ) ,:, c o 0 1 , 0 14. the Statute of Frauds, which declared that an aq c ' at i o e s' l , ot be brought. for a work, the term of whose pub'? _ te d c 3 exceed one year. It had been so ruled in the edam' fr Boydell, when the principle was fully argued. .01 r be a The CHIEF JUSTICE thought the case of . I;Tiiter, cor n ro . _..„ r , vourable to the objeCtion urged by his Learned. , __. o f r t 0 .0, by virtue of a contract which specified the Partsany of toit Fad in several. portions, and different times, any ho ed , iiltp proved to have been delivered, the receiver was, l .' cor ,trae . , ic eo their at f e o n n r ad those eldrhatil ghu le: p b o flpae r rn t i i ll o vee n oso s r f , i : is, sE e , uvi English usually hiposuuo literatur e, b n published the i i esie%, dh iwci in which :1 1 1ra o ed, f ei ,ri t r : ;f lor e t :: theno t d y e e l t t p v e e r r e fo d r npieetdti, portions s and an actionele arlsustainable.yfo r til e refleoll,this!rte noolltseirfocete! different times. Theca roprietors were, as bed •f"iliose : e ett!', generally men wl' Il^ 'n their head ;,, I, e „ cao ci , Ipita ~.y i men were not to be paid for the numbers a., ,c r t i v olo'! t a t s , how could they be expected to be able to corgi t- tictev iwi ro ve' and expensive works to a conviction. Thleich OOP t clearly bound to pay for the numbers (e l s def e nd w- 1 3" i e scs to have been delivered to him. tto th e h- P r 'ng . A release for 1001:executed by the bankruP or t , i i ,oi was put in on the part of, the defendant, to , ii o f its_t, for claim, btu was declared to be invalid on the gro l t e n o rda t e raict been given 'by Mr. W. Pine after he had becoon,.nd a v The CHIEF JUSTICE directed the Jury t 11 the plaintiff for the price of the eight numbers. et t) , f ; Verdict for the plaintiff —eight guineas.c . ._ , i3ve b e er i ll o cti• pawnbroker, was stat cl,t' o l ,, a i jz, sly the conducting proprietorsof the " Historyof -I" s°' Printed and Published for the PROPTt 13 lETORS, O gs OFFICE, No. 112, Stran d, by J. l. ..