The Sun. — London, England, 1834-01-25 00:00:00

given upon ti e alleged consideration, but not of the breach ; and in an action on a policy of insurance, of the subscription to the alleged policy by the defendant, but not of the interest, of the commencement of the risk, of the loss, or of the alleged compliance of warranties. In actions against carriers and other bailees, for not delivering or not keeping goods safe, or not returning them on request, and in actions against agents for not accounting, the plea will operate as a denial of any ex. press contract to the effect alleged in the declaration, and of such bailment or employment as would raise a promise in law to the effect alleged, but not of the breach. In an action of indebitatus assumpsit for goods sold and delivered, the plea of non.assumpsit will operate as a denial of the sale and delivery in point of fact ; in the like action for money bad and received, it will operate as a denial both of the receipt of the money and the existence of those facts which make such receipt by the defendant a receipt to the use of the plaintiff. 2. In all actions upon bills of exchange and promissory notes, the plea of non-assunzpsit shall be inadmissible. In such actions, therefore, a plea in denial must traverse some matter of fact—ex. gr., the drawing or making, or endorsing, or accepting, or presenting, or notice of disho nour of the bill or note. 3. In every species of assumpsit, all matters in con fession and avoidance, iucluding not only those by way of discharge, but those which show the transaction to be either void or voidable in point of lacy, on the ground of fraud or otherwise, shall be speeially pleaded. Ex. gr., infancy, coverture, release, payment, performance, illegality of consideration either by statute or common law ; draw ing, endorsing, accepting, &c., bills or notes by way of accommodation, set-off, mutual credit, unseaworthimss, misrepresentation, concealment, deviation, and various other defences must be pleaded. 4. In actions on policies of assurance, the interest of the assured may be averred thus—" That A., 8., C , and D., or some or one of them, were or was interested," &c. ; and it may also be averred " that the insurance was made for the use and benefit, and on the account of the person or persons so interested." 2...-IN COVENANT AND DEBT. 1. In debt on specialty or covenant, the plea of non e?t factum shall operate as a denial of the execution of the deed in point of fact only, and all other defences shall be specially pleaded, including matters which make the deed absolutely void, as well as those that make it voidable. 2. The plea of nil debet shall not be allowed in any action. 3. In actions of debt on simple contract, other than on bills of exchange and promissory notes, the defendant may p'ead that "he never was indebted in manner and form as in the declaration alleged," and such plea shall have the same operation as the plea of non-assumpsit, in indebi_ talus assumpsit, and all matters in confession and avoid ance shall he pleaded specially, as above directed in actions of assumpsit. 4. In other actions of debt, in which the plea of nil (Abet has been hitherto allowed, including those on bills of exchange end promissory notes, the defendant shall deny specifically some particular matter of fact alleged in the declaration, or plead specially in confession and avoid- ance. 3....-DETINUE. The plea of non detinet shall operate as a denial of the detention of the goods by the defendant, but not of the plaint , ff's property therein ; and no other defence than such denial shall be admissible under that plea. 4.-IN CASE. 1. In actions on the case, the plea of "not guilty" shall operate as a denial only of the breach of duty, or wrongful act alleged to have been committed by the de fendant, and not of the facts stated in the inducement ; and no other defence than such denial shall he admis sible under that plea; all other pleas in denial shall take issue on some particular matter of fact alleged in the declaration. Ex. gr.—ln an action on the case for a nuisance to the occupation of a house, by carrying on au offensive trade, the plea of " not guilty" will operate as a denial only that the defendant carried on the alleged trade in such a way as to be a nuisance to the occupation of the house, and will not operate as a denial of the plaintiff's occupation of the house. In the action un the case for obstructing a right of way, such plea will operate as a denial of the obstruction only, and not of the plaintiff's right of way ; and in an action for converting the plaintiff's goods, the conversion only, and not the plaintiff's title to the good•. In an action of slander of the plaintiff in his office, profession, or trade, the plea of " not guilty" will operate to the same extent precisely as at present, in denial of speaking the words, of speaking them maliciously, and in the sense imputed, and with reference to the plaintiff's office, profession, or trade ; hut it will not operate as a denial of the fact of the plaintiff's holding the office, or being of the profession or the trade alleged. In actions for an escape, it will operate as a denial of the neglect or default of the Sheriff, or his officers, but not of the debt, judgment, or preliminary proceedings. In this form of action ag inst a carrier, the plea of " not guilty" will operate as a denial of the loss or damage, but not of the receipt of the goods by the defendant as a carrier for hire, or of the purpose for which they were received. 2. All matters in confession and avoidance shall be pleaded specially, as in actions of assunapsit. 5.-IN TRESPASS. 1. In actions of trespass, quare clausum fregit, the close or place in which, &c., must be designated in the declaration, by name or abuttals, or other description, in failure whereof the defendant may demur. 2. In actions of trespass, quare clausum fregit, the plea of "not guilty" shall operate as a denial that the defendant committed the trespass alleged in the place men tioned, but not as a denial of the plaintiff's possession, or right of possession, of that place, which if intended to be denied, must be traversed specially. 3. In actions of trespass de bonis asportatis, the plea of " not guilty" shall operate as a denial of the defendant having committed the trespass alleged, by taking or da maging the goods mentioned, but not of the plaintiff's property therein. 4. Where, in an action of trespass, quare clausum fregit, the def,ndant pleads a right of way, with carriages and cattle, and on foot, in the same plea, and i-sue is taken thereon, the plea shall be taken distributively ; and if a right of way with cattle or on foot only shall be found by the Jury, a verdict shall pass for the defend ant, in respect of such of the trespasses proved as shall be justified by the right of way so found, and for the plaintiff in respect of such of the trespasses as shall not be so justified. b. And where, in an action of trespass, quare elausuni fregit, the defendant pleads a right of common of pasture, for divers kinds of cattle—ex. gr. horses, sheep, oxen, and cows, and issue is taken thereon; if a right of common for some particular kind of commonable cattle only be found by the Jury, a verdict shall pass for the defendant in respect of such of the trespasses proved as shall be jus tified by the right of common so round, and for the plaintiff in respect of the trespasses which shall not be so justified. 6. And in all actions in which such right of way or common as aforesaid, or other similar right, is so pleaded that the allegations as to the extent of the right are capable of being construed distributively, they shall be faked distributively. provided, nevertheless, that nothing contained in the bth, 6th, or ith, of the above-mentioned general rules or regulations, or in any of the above-mentioned rules or regulations relating to pleading in particular actions, shall apply to Any case in which the declaration shall bear date before the first day of Easter term next. EIMER, JUDGMENTS, and other PROCEEDINGS, in actions commence , l by process, under 2 William IV., c. 39, shall be in the several forms in the schedule hereunto annexed, or to the like tffect, mututis mutandis: pro vided that in EASE of non-compliance, the Cuurt or a Judge may give leave to amend. FORM OF AN ISSUE IN THE KING'S BENCH, COMMON PLEAS, OR EXCHEQUER• In the King's Bench, or In the Common Pleas, or In the Exchequer. (a) day of in the year of our Lord 18 Venue.—A. 8., by E. F., his attorney (or in his own proper person, or by E. F., who is admitted by the Court here to prosecute for the said A. 8., who is an infant, within the age of 21 years, as the vest friend of the said A. 8., as the case may be), complains of C. D., who has been summoned to answer the said A. B. ; (or arrested, or detained in custody) by virtue, or served with a copy (as the case may be) of a writ issued on (b) the day of ,in the year of our Lnrd 18 , out of the Court of our Lord the King, before his Jus tices at Westminster, ur out of the Court of our Lord the King, before the King himself, at Westminster (or out of the court of our Lord the King, before his justices at Westminster, or out of the court of our Lord the King, before the Barons of his Exchtquer at Westminster, as the case may be) for that [Copy the declaration from these words to the end, and the plea and subsequent pleadings to the joinder of issue.] Thereupon the Sheriff is commanded that he cause to come here on the day of twelve, &e., by Ak. whom, &c., and who neither, &c., to recognize, &cc., be cause as well, &c. ~ ~~ \• L No. 2.—FORM OF NISI PRIUS RECORD IN THE KING'S BENCH, COMMON PLEAS, OR. EXCHEQUER• The placitas are to be omitted. Copy the issue to the end of the award of the venire, and proceed as follows : Afterwards, on the (c) day of in the year the jury between the parties aforesaid is respited here until the (d) day of unless shall first come on the (e) day of at . , according to the form of the statute in such case made and provided for default of the jurors. because none of them did appear. Therefore let the Sheriff have the bodies of the said jurors accordingly. The postea is to be in the usual form. NO. 3.-FORM OF JUDGMENT FOR THE PLAINTIFF IN ASSUbIPSIT. Copy the issue to the end of the award of the venire. and proceed as follows : Afterwards the jury between the parties it respited until the (f ) day of unless shall first come on the (g) day of at according to the form of the statute in that case made and provided for default of the jurors, because none of them did appear. Afterwards, on the (h) day of come the parties aforesaid, by their respective attorneys aforesaid (or as the case may be) and , before whom the said issue was tried, bath sent hither his record, had before him in these words :—Copy postea. Therefore it is considered that the said A.B. do recover against the said C.D. his said damages, costs, and charges by the jurors aforesaid, in form aforesaid, assessed : and also £ for his cost and charges, by the Court here adjudged, of increase to the said A. 8., with his assent, which said damages, costs, and charges, in the whole amount to £ and the said C.D. in mercy, &c. No. 4.--FORM OF THE ISSUE WHEN IT IS DIRECTED TO BE TRIED BY THE SHERIFF. After the joinder of issue proceed as follows: And forasmuch as the sum sought to be recovered in this suit, and endorsed on the said writ of summons, does not exceed 201., hereupon on the (1) day of in the year , pursuant to the statute in that case made and provided, the Sheriff (or the Judge of being a court of record for the recovery of debt in the said county, as the case may be) is commanded that he summon twelve, &c., who neither, &c., who shall be sworn truly to try the issue above joined between the par ties aforesaid, and that he proceed to try such issue accor dingly, and when the same shall have been tried, that he mike known to the Court here what shall have been done by virtue of the writ of our Lord the King, to him in that behalf directed, with the finding of the Jury thereon, endorsed on the day of , &c. PRICES OF STOCKS THIS UAY AT ONE O'CLOCK. Bank Steer 21 3 1 /4 14' New 5 per Cent. 3 per Cent. lied. BB 3X, India Stock 3 per Cent.Con* 88 1 / 4 % Ditto Bonds... 25 27 pm. 316 per Cent. South Sea Stock 98% atto Red 97 1 /p !Old Annuities — New 3 1 / 4 per Cent. ...96 5i 6 1 / 4 'New Ditto • -- 3 rer Cent. Ann. 1726 .... —i3 per Cent. ,Ann. 1751 .... 4 per Cent. 1826 — Ex.; Bills, 171,000 46 47 pm. Balk Long Ann. to expire 'Ditto 500...... 46 47 pm. Jan. 5, 1869 Ditto Small 46 47 pm. Oct. 10,_18 4 59 ._. --- Jan. .5, 1860 — llliito Advertised ........ • Pm. Jan. 5, 1880 — Bank for Account — April 5, 1880 ..... .•••••••• India for Account ....... Jan. 5, 1870 ..... ......... Cons. for Account BBM% PRICES OF IRISH STOCKS, DUBLIN, JAN. 22. Bank Stock 213 i it. Patrick insur.(perShare Consols, 3 ver cent Gov. Stock, 3K, per cent. 95 1 4 INational Ditto Ditto, New 95% Patriotic Ditto I per Cent. ' Hibernian Bank 22% l:cv. Deb. 3i percent.... 88% Provincial Ditto Royal Canal Stock 4 0 14 Royal Irish Mine Grand Canal 5t0ck......... - Imperial Mine City Deb. 4 per c0nt..... - Mining Co. of Ireland Ballast Office Deb. 40. c. - Commercial Buildings .NGE YESIVERDAY. Leghorn 48% Genoa 0 5 65 Milan 3l Venice 47 Naples . 4l Palermo per oz. 122 1 / 4 Lisbon Oporto 53 Rio Janeiro Bahia 3l Buenos Ayres — I)ublin, 21 days' sight l% Cork l% BULLION, PER OZ. X. s. d. Portugal Gold, coin 0 0 0 Foreign Gold, in bars 3 17 9 New Doubloons 3 10 6 New Dollars Silverhars, standard 0 4 111 `~ ~~~0 ~~ No. 5. -FORM OF WRIT OF TRIAL. William IV., by, &c. To the Sheriff of our county [or to t h e Judge of being a Court of Record for the recovery of debt, in our county of , as the case my be.] Whereas, A. 8., in our Court, before us at Westmin ster [or in our Court before our Justices at Westminster, or in our Court before the Batons of our Exchequer at ‘Vestminster, as the case may be], on the (k) day of last, impleaded C. D. in an action on promises [or as the case may be]. For that whereas one, &c. [here recite the declaration as in a writ of inquiry], and thereupon he brought suit. And whereas the defendant, on the day of last, by his attorney [or as the case may be], came into our said Court, and said [here recite the ple is and pleadings to the joinder of issue] and the plaintiff did the like. And whereas the sum sought to be recovered in the said action, and endorsed on the writ of summons therein, does not exceed 201., and it is fitting that the issue above joined should be tried before you, the said Sheriff of [or Judge, as the case may be]. We therefore, pursuant to the statute in such case made and provided, command you, that you do summon twelve free and lawful men of your county, duly qualified according to law, who are in no wise akin to the plaintiff or to the defendant, who shall he sworn truly to try the said issue joined between the parties aforesaid, and that you proceed to try such issue accordingly, and when the same shall have been tried in manner aforesaid, we com mand you, that you make known to us at Westminster br to our Justices at Westminster, or to the Barons of our said Exchequer, as the case may be] what shalt have been done by virtue of this writ, with the finding of the Jury hereon endorsed, on the day of next. Witness at Westminster, the day of in the year of our reign. NO. 6.-FORM OF ENDORSEMENT THEREON OF THE VERDICT. Afterwards on the (1) diy of , in the year , before me, Sheriff of the county of ), (or Judge of the Court of ), came as well the within-named plaintiff as the within-named defendant, by their respective attorneys within-named [or as the case may he], and the Jurors of the Jury by me duly summoned as within commanded, also came, and being duly sworn to try the said issue within-mentioned, on their oath said that No. 7. -FORM OFENDORSEMENT THEREON IN CASE A NONSUIT TAXES PLACE. [After the words " duly sworn to try the issue within mentioned," proceed as follows :..--] And were ready to give their verdict in that behalf, but that the said A. B. being solemnly called, came not, nor did he further prosecute his said suit against the said C. D. NO. S.-FORM OF JUDGMENT FOR THE PLAINTIFF AFTER TRIAL BY THE SHERIFF. [Copy the issue, and then proceed as follows :—] Afterwards on the (m) day of in the year , came the parties aforesaid, by their respective attorneys aforesaid [or as the case may be], and the said Sheriff or Judge [as the case may be] before whom the said issue came on to be tried, hath sent hither the said last-mentioned writ, with an endorsement thereon, which said endorsement is in these words, to wit— [Copy the endorsement.] Therefore it is considered, &c. [in the same form as be fore.] (a) Date of the declaration. (b) Date of the first writ. (c) Teste of distringas or habeas corpora. (d) Return day of distriagas or habeas corpora. (e) First day of sittings, or commission day of assizes. (f) Return of distringas or habeas corpora. (g) Day of sittings, or nisi pries. (h) Day of signing final judgment. (i) Teste of writ of trial. (k) Date of the first writ of summons. (I) Day of trial. (m) Day of signing judgment. NEW LINE OF STREET.—At a meeting of market gardeners in connection with Covent-garden, held a short time back, among other subjects discussed, it was resolved to address the Duke of Bedford and the Marquis of Salisbury, as the principal ground landlords, for the purpose of obtaining their concurrence and assistance in bringing before Parliament a Bill to open a direct line of approach from Piccadilly to the market. it was sated by several of the vegetable growers that from the awkward ness of the present approach, coupled with the fact that as their waggons were usually on the toad to the market at the same time the carriages of the gentry were returning from the theatres, a delay of several hours was repeatedly the consequence, to their serious inconvenience and loss, especially as regarded injury to their horses, who, greatly heated from drawing a heavy load from Fulham, &c., frequently reached as far as Lisle-street, &c., and were there suffered to cool by a delay of hours from the stoppages so generally arising on that spot ; whereas, if a direct open ing were made, the distance of ground might be gone over in the space of two minutes, without the least chance of delay. They also consider, as regards the public conve. nce generally, the subject is deserving of every attention. MORE DOCTORS THAN PATIENTS.-AI) observer has made a calculation, after the Almanacs of Paris and the Departments, that there are in France 1,700,843 dt.ctors. By another calculation, said to be exact, there are but 1,400,651 sick persons. There are also 1,900,403 lawyers, and last year there were only 998,000 causes. If the 902,403 idle lawyers should not fall ill from ennui, the 300,192 doctors may lounge about with their arms folded. ELOPEMENT.—On Tuesday evening last, between six and eight o'clock, the son of that well-known " whip," Mr. Stephen Piggons, who regularly drives the Defiance coach from Cambridge to Wisbech, eloped from Chatteris with the youngest daughter of the late Thomas Skeels, Esq., of Stoney. Every requisite arrangement appears to have been well managed, the fugi!ives driving off at full speed for Ely, where it is supposed they got into the Red Rover night coach to London. The y oun g lad y , who is a b out seventeen years of age, is possessed of good property. We have been since informed that the friends of the youthful couple have followed them, in order to arrange the affair in an honourable manner.-- Cambridge Chronicle, PRICES OF FOREIGN FUNDS THIS DAY AT ONE 0 CLOCK. Austrian Bonds 97% Peruvian Bonds Belgian Bonds 96, , Ditto Account Ditto Account P6 iPortuguese Bonds 5 8% Brazilian Bonds 69104 ! Ditto Account 58 74 % Ditto Account 69 2 0 1 Ditto New Bonds 5774 Ruenos Ayres Bonds — t Ditto:Acconnt 58 7704, 8 Ditto Account 2O , Prussian Bonds lO2 Chilian Bonds ! Ditto 80nd5,"1822 ...... 101 4 4 Ditto Account 23 ,Russian Bonds, 182' lO4 Columbian Bonds Ditto Account ' Ditto 111 103 34 Ditto Bonds, 1824 22M i Spanish Bonds, 1821 —24% 1 4 % Ditto Account 22 IA , Ditto Ace. ......... 24% , i %% Danish For., .s 'I% Ditto Bonds, 1823 .2 , 4 Ditto Account 73%' Ditto Account 22% Greek Bonds French Rentes, sp. C. —f- —c• Ditto Bonds, 1825 - Exchange ...... —f. --c. Ditto Account...—. -3 per cent.... —1 --c. Slexican Bonds, 5 per cent 29% ' —.— Exchange ...... —f —c. Ditto Account Dutch, 21 p. c................... 4 9% mio, 6 per cent 3B . Ditto Account 49U Ditto Account 3B: Ditto, sp. c ................... 95 16 Neapolitan B9 Ditto Account 95% COURSE OF EXCHA Amsterdam C.F. 12 41 Ditto, at sight 12 21 Rotterdam 2U. 12 41 Antwerp 12 51 Elamburg M.B. 13 11 Altona l3 II Paris, 3 days' sight 0 5 35 Ditto 2 U. 25 75 Bordeaux 25 80 Berlin 7 Frankfort on Maine, Ex. 11.:51 Petersburgh, ruble, 3 Us. 10 0 Vienna, effective 11. 2M. 958 Trieste do ..... 9 59 Madrid 16 , 4, Cadiz 3 7 14 Bilboa Barcelona 36 Seville 36 Gibraltar 47 Due. HAILS. Arrived. Due. Arrived. O America 0 0 Hamburg 1 O Brazil O Buenos Ayres 0 0 Jamaica.— ........ .... 0 O Carthagena 0 0 Leeward islands ... 0 1 Dublin 0 0 Lisbon 0 O Flanders 0 0 Malta 0 2 France 0 1 0 Sweden 0 O (3 uernse, &Jersey.. 1 ' 1 Waterford 0 HIGH WATER AT LONDON BRIDGE TO-MORROW. Morning... 4 minutes after 3.1 Evening... minutes after 3. THE ROXBURGHF. REVELS MS. T HE MONTHLY PART for JANU ARY of the ATHENEUM, BEING THE FIRST FOR THE NEW YEAR, will contain the whole of this extraordinary MS., in ad dition to the customary REVIEWS of English and Foreign Woks—ORIGINAL POEMS and PAPERS by distin guished Writer a—REPORTS of the Leitified and Scientific Sccieties, with abstracts of the more important Papers presented, including the interesting Account of Mr. Hill. house's Ascent of the naarony River into the El Dorado of Sir Walter Raleigh—Lieut. Pottinger on the Present State of the Indus and the Route of Alexander the Great —Mr. Cullimore on Hieroglyphic Geography—Captain Barnes on the Physical Geography of Catch, &c. &c.— with the usual Notices of the Theatres, Fine Art,i, Music, &c. &c. The Monthly Part will be published on th. 29th, and will consist of EIGHTY LARGE QUARTO PAGES, price SIXTEENPENCE. The ATH ENIEUNI for 1833 may NOW be had, bound in cloth, price 20s. Ii consists of 904 Large Quarto Pages, and is, it is believed, the most perfect history of the Literature of the period, and therefore an invaluable present to friends residing abroad. ~ ~. , Zbv LONDON, SATURDAY EVENING, JANUARY 25, 1834. The French Papers of Wednesday and Thurs day are filled, for the most part, with specula tions respecting the late important political changes in Spain, which seem to have been brought about by the adhesion of several Cap tains-General to LLANDER'S late famous de claration. Don CARLOS was still at Villa Real, in a state of uneasiness, and using every precaution to prevent a surprise. FRENCH FUNDS.-PaRtS, JAN. 22. Five per Cents., 1041.95 c. 1051. 104 f. 95c. Four per Cents., 91f. 85c. Three per Cents. 75f. 25c. 20c. Bank Actions, 1,7151, Rente de Naples, 91f. 901 80c. 90c. Roman Five per Cents., 91%. Rente d'Espagne, Five per Cents., 1834 20. Rente d'Espagne, Three per Cents., 36% 4 34. Royal Spanish Loan, 74 71% 72%. Rente Perpet. d'Espagne, Five per Cents., 58 57%34. Belgian Loan, 1831, Five per Cent., 97. Haytian Loan, 2651. EXCHANGE ON LONDON. One month, paper, 25f. 30c. ; money, 25f. 25e. Three months, paper, 251. 15c.; money, 25f. 10c. -fours Authentiaue. FRENCH FUNDS.-PARts, JAN. 23. Five per Cents., le4l. 90c. 80c. 70c. Four and a Half per Cents, 100 f. 70c. Four per Cents., 92f. Three per Cents., 751. 74f. 95c. 85c. Bank Actions, 1,710 f. Rente de Naples, 90f. 80c. 60c. 50c. Roman Five per Cents., 91%. Rente d'Espagne, Five per Cents., 20 19% 20. Rente d'Espagne, Three per Cents., 56 35%%.• I?oyai Spanish Loan, 7134 69 68. Route Perpet. d'Espagne, Five per Cents., 5614 M 34 5514 Belgian Loan, 1831, Five per Cent., 56% 97. Haytian Loan, 270 f. EXCHANGE ON LONDON. One month, paper, 251. 30c. ; money, 25f. 25c. Three months, paper, 25f. 15c.; money, 20f. 10c. -fours Autheillique. German papers mention, on the authority of letters from Napoli, that an investigation into the causes of the late conspiracy there is rapidly, but silently, going forward, and that many more persons have been arrested on suspicion of having taken a part in it. The following are the only extracts worth making from these papers : BERLIN, JAN. 11.—The restless importunity of the estates assembled in our western provinces, for the intro duction of a general representation of the kingdom, has again manifested itself, and even called forth, in sup port of the application, numerous complaints against two of our ministers. It must he owned that this circum stance is the mwe unexpected, as, by the visit of our Crown Prince to their provinces, nothing appeared so firmly con solidated as the bond of reciprocal confidence between the Prince and the people. We will not blame, as they seem to deserve, the Rhenish provincial assemblies, for their violence, which gives foreigners a ground for malicious inferences, but which entitles them to entertain doubts of the goodwill of the head of the State ? Why do these provinces give a gloomy view of the opinions and intentions that are entertained here ? Who has given the otarnp of official authenticity to all those unauthorised voices that have sounded from hence respecting representa tion, a free press, and the spirit of the times ? Have the gloomy notions of some theoretical liberals here, and of certain provinci d geniuses, ever been recommended to imitation ? No ; we are not only in the undisturbed enjoyment of many advantages, which we owe to the wise prudence of our King, but shall obtain others that are promised us for the future. The Prussian State is destined " by its historical position to be governed on a grand scale." The general estates of the kingdom are a necessary part of such a system, and the time will come when the measures that have been preparing will be car ried into effect. But people must not believe that it would be better in this moment of uneasy reciprocal mistrust to build the main edifice, when the foundations are not every where completed.—Allgemeine Zeitung, Jan. 19. VIENNA, JAN. 14.—Five per Cents., 95 23-32 ; Four per Cents., 86 ; Bank Shares, 1,2331. The rise which has taken place, and continues to take place, in the exchangeable value of money is as little known or understood as foreign exchanges, or the Mint price of gold and silver, which we have endeavoured to render intelligible to our readers. The rise began in the year 1811, owing to the defalcation in the supply of gold and sil ver, from the revolution in South America, which took place in the year preceding, and overwhelmed the mines. That the rise in the value of money began, and produced a great fall of prices in that year, our exports which are given in declared as well as official value, afford indisputable evidence ; official value is a rate, fixed in 1696, when our table of exports was first established, of so much a yard, pound, hundred-weight, and ton. This rate never varies, and thus not only shows quantity but also affords the means of judging of varia tions in prices by contrasting it with the declared value, which is what is declared to be the actual value by the exporter at the time of export, and was not required until 1797, when it was fore seen that the Bank restriction, which commenced in that year, would have an effect upon prices. Now the amount of our exports in official value in 1800, was 22,831,9361. and in declared value 36,929,0071. Declared value continued to gain upon official value until 1811, when our exports in official value were 21,723,532/., and in declared value only 30,850,6181., so that an amount of exports in 1811, only 1,108,4041. under official value in 1811, were 6,078,329/. less than the amount of declared value in 1800 ; and, since 1811, official value has continued to gain upon declared value, the amount of which, upon the exports of last year, was only 36,444,5241., of which the official value was 65,026,700/. The period, therefore, when money began to rise in exchangeable value does not admit of dispute. It unquestionably bega❑ in 1811, though it has been generally but erroneously supposed not to have begun till 1819, when the Bank was directed to make preparation for the renewal of its payments in cash. The amount of the defalcation in the supply is not capable of being reduced to so much certainty. In a letter which Mr. JACOB wrote to Mr. TOOKE, and which the latter gives in a note to a supplemental section in his book upon high and low prices, the defalcation is stated to have been no less than equal to three fourths of the previous supply, which, upon the average of the ten years preceding 1810, is stated to have been at the rate of nearly forty-eight millions of dollars, or 12,0001. sterling per annum, and upon the ave rage of the ten years subsequent to 1810 not to have exceeded 12,000,000 of dollars, or 3,000,0001. per annum sterling. 'Whatever the defalcation may have been, or may continue to be, it must bring down prices to a commensu rate amount, for we and all the world purchase gold and silver with the products of industry, and if, with a supply of the precious metals dimi nished to one fourth, one third, or one half of their previous annual supply, we continue to re quire the same quantity we did when that supply was four times, three times, or twice its present amount, we must give so many more, or so much more, of those products in exchange for the gold and silver we continue to require ; in other words, those products must fall so much in price. • /n proportion as money rises in exchangeable value, prices not only fall, but so much less of it becomes necessary for the purposes of currency. Hence in this country, where gold is the standard of value, and paper circulates with it as currency, the gold so circulating returns to the Bank when it is not wanted for the pur poses of currency, that is, when there is more of gold and paper circulating together than are required for the purposes of currency, by reason of the continuing rise in the exchangeable value of money, a portion of the gold, but not of the paper, returns upon the Bank, in order to escape from the depreciation of exchangeable. value, which would otherwise fall upon it. But the Bank, not being aware of this consequence of the rise of the exchangeable value of money, issued more paper in proportion to the gold, thus coming in, so that the gold, being no longer able to escape depreciation in its exchangeable value by returning to the Bank, betakes itself abroad, that is, the currency becomes so much more depreciated, and so much profit call be made, by sending gold abroad, that notes are sent into the Bank for gold to be sent abroad, until the paper of the Bank, by a portion of it being thus returned upon it, becomes equal in exchangeable value with gold, when the remainder thus continues in circulation, and ceases to be sent in upon the Bank for gold to be sent abroad. Ihe ignorance of the Bank, in this respect, is the cause of over-issue. A dramatic sketch containing much novel inter..st is, we understand, to come out at the Fitzroy on Monday next. Its object is to illustrate the manners and customs of Corsica. Mr. W. Farren, we hear, is about to make his appearance shortly in a striking new character at Drury•lane, the same that Samson has been playing with such effect at the Theatre Francois in Paris. BURIED ALlVE.—Extract of a letter from Fraunfeli, in Switzerland, dated the Bth instant :—" On the 6th, a monk of the convent of Eschingen being dead, his brethren, after the usual ceremonies, conveyed his body into a subterannean vault, used as the comtnon burying-place, where the deceased memb ers o f th e com munity are laid in sight coffins, without any other entomb ment. Judge, however, of their horror, when, on re moving the stone that covers the entrance v - au4, they found at t h e top of the steps the body of anotier monk who had been buried ten . days before. It appeared that he was not dead when carried down in his coffin, but only in a state of lethargy, from which he had revived, and con trived to reach the spot where they found him, but being unable to remove the stone or make hims e lf b ear d, b a d at length died of exhatnnott. COURT OF CHANCERY,-(THIS DAY.) IN RE LORD WARD, Mr. KMGIIT said that in this matter which stood in his Lordship's paper by appointment, a communication had been sent to a gentleman in Ireland, and there must be an answer to that communication before it could be properly brought in. Under those circumstances he had to apply that it might stand to be mentioned finally next Friday morning. Mr. Knight had the utmost confidence that it would not be necessary fur ther to discuss it. The ATTORNEY-GENERAL expressed his gratification at hear ing this statement, and did not wish to press it on just now. The Loan CHANCELLOR directed it to stand over for another week. He likewise trusted there would be no necessity for going further into it. ROLLS' COURT.-(THIS DAY.) PRICE V. WATERIIOUSE. This was a bill filed for the purpose of having a deed of part nership, alleged to have been fraudulently entered into, delivered up to be cancelled, and that the usual consequential accounts might be taken under the direction of the Court. Mrs. Anne Price, one of the plaintiffs in the cause, was a legatee under the will of her father, to the extent of 1,0001.; she had also an interest in his residuary property, after his debts and lega cies were satisfied, equally with her brothers George, Charles, and Thomas Waterhouse. The testator died in September 1830, having by his will appointed two gentlemen, named Corne and Steward, his executors. In consequence of their declining to prove under the will, Mr. G. Waterhouse administered, and swore the property under 1,5001. The family were surprised at this circumstance, believing their father to have died worth at least between 5,0001. and 6,0004 Being immediately applied to for information on the subject, he refused any further ex planation on the point than by saying that all the partnership property and effects under the articles of the partnership con , tract belonged to him. The consequence of this was, that the remainder of the property was not only insufficient to pay the legacies, but even to satisfy the debts. The object of the pre sent bill was to set aside this deed, and the question was, whe ther it was to be considered a fraudulent instrument. In the year 1810, Mr. Thomas Waterhouse, the testator in the cause, entered into a partnership with a person named Ryland, as a plater, in Birmingham, and the joint concern was carried on till the close of 1829, when it was agreed that the partnership should be dissolved. The property of the concern was, at this time, estimated at about seven thousand pounds, which Mr. Waterhouse took and paid in consideration 1,6001. by instalments to his former partner, as had been originally agreed on when they first embarked in business. In January, 1830, the testa tor admitted his son George as a partner, and gave him 2,0001. as his capital. Mr. George contended that this was an abso lute gift, the other members of the family insisting that it was only a loan at interest. In March, 1830, Mr. Waterhouse, the father, was in such a state of health as greatly excited the ap prehension of his family. He was attended by two medical gentlemen, who were since dead, and, therefore, the plaintiffs were unfortunately deprived of the benefit of their testimony . It was to be observed that a gentleman of the name of Gem had drawn up the original deed of partnership, and he had also been employed by the testator, on occasion of its dissolu tion, to cancel the articles. On the 9th of March, 1830, Mr. Geo. Waterhouse went, not to Mr. Gem, nor to any other professional gentleman, who had enjoyed the confidence of his father, but to Mr. Maudsley au entire stranger, and gave in structions to him to prepare a deed of partnership between him and his father, the testator in the cause. On that same day the articles were prepared and engrossed, and in the evening were taken by the solicitor and an intimate friend of his own, a Mr. Wilkinson, to the father, for the purpose of being exe cuted. The father declined to execute the deed that night, but on the following day he was prevailed on to do so. The deed in question recited that George had been in partnership with his father since the beginning of 1830, although there had been no formal instrument executed between them; it then went on to declare that it should be carried on for 21 years, but with liberty to either party to determine it at the end of 7 or 14 years, on giving six months' previous notice. The partners were to share equally in the profits; the capital was then estimated at 5,7684, of which 3,7684 was declared to belong to the father, and the remaining 2,000 to the son George, that sum having been absolutely given to him, but he was to allow five per cent. on it to his father during his life. This certainly ap peared an extraordinary provision if indeed it had been abso lutely given to him. It was then stipulated that neither party should be at liberty to carry on any other business, but then came an exception, which was interlined and written in another hand " except that the said George Waterhouse shall be at liberty to conduct the business of a pawnbroker." An other provision of the deed was, that although one party had only one-third of the capital he was to share equally with his father in the profits, while he had advanced the other two-thirds. There was, however, a still more extraordinary provision, to the effect that if either party died (the father then being in a state of imminent danger) the survivor was to take the business stock belonging to the other on paying to his representatives its va lue in annual instalments of 5001., with profits and without interest. Thus, if there were 6,0001. worth of stock it would take twelve years to pay it, and all this time the legatecs would be deprived of their interest. The effect of those arti cles would be so fatal to the faintly that they detarmis.cd upon instituting the present inquiry. .. _ The defendant admitted that there existed no proof in wri_ ting of his having received the 2,0001. as a gift. When taken to be executed the deed was not left with the father, although he refused on that occasion to execute it, saying that he did not understand it. The provision in the will of the testator rela. tive to the VOW. was also quite inconsistent with the notion that it was an absolute gift ; the testator having directed that in terest should not cease to be paid on it till a year after his death. It appeared that there were several contradictory statements in the evidence of G. Waterhouse and his own material witness. Indeed upon all the circumstances of the case there did appear to be the greatest suspicion of fraud ; and it was therefore submitted, that the deed, having been most irregularly and im properly obtained by the defendant, should be ordered to be delivered up and cancelled. Mr. PEMBERTON appeared for the plaintiff ; Mr. BICKERSTETII and Mr. SHARPE for the defendant. The learned Counsel entered at length into a variety of evidence, for the purpose of showing that the defendant had been regularly apprenticed to the business, and had conducted himself uniformly to the satisfaction of his father ; that the testator had all along enter tained the intention, and took every opportunity to declare it to his friends, of adopting his son into partnership, and giving to him the 2,000/. as his share of capital ; and that the whole of the circumstances of the case were quite reconcileable; and when properly considered, instead of im pugning the bona fide character and validity of the deed, tended greatly to confirm it as one which it was to be ex pected a father would enter into with a son who had always conducted himself to his entire satisfaction, for the purpose of making a proper and adequate provision for him during his life. Mr. PEMBERTON replied. His HONOUR said that it had been clearly proved by the evi dence that the testator was aware of the nature and provisions of the deed which he had executed ; and considering it as a transac tion not between strangers, but between father and son, it was not so suspicious as otherwise it might have appeared, from the nature of the benefits which the defendant had derived under it. His Honour went tkrough the facts at con siderable length, and commented upon the evidence on both sides. Upon the whole, although it was not entirely free from suspicion and doubt, he came to the opinion that the deed should be established, and that the bill filed to impeach it should be dismissed, but without costs. The usual accounts of all moneys which had come to the hands of the defendant, as executor, were however directed to be paid to him. THE FUNDS.-(THIS DAY.) CITY, TWELVE 0' CL 0 CK. We have no arrivals this morning of any description, with the exception of the two French mails with the express from Paris, which bring long details on the affairs of Spain, and a confirmation of the change in the Spanish Ministry. The ac counts from the various quarters of Spain respecting the ope rations of the contending armies are not of interest, as nothing of a decisive nature has taken place on either side, but much is expected from the change in the Ministry, as they are of the liberal party, and moderate Constitutionalists, Martinez de la Rosa was a member of the Cortes in 1820. M. Gazeli, the new Minister of Justice, was also an ancient mem berof the Cortes; therefore it is expected t hat their first ope rations will be to declare a free and comple te amn esty, the immediate extension of the liberty of the press , a reform in the finances, an open and decisive declarat ion of their intentions in regard to Portugal, and the prepa rin g measures for the con vocation of the Cortes. These measures are no doubt ex pected from them by all the friends of libert y , both in France and Spain. opened dnsoalt 88 Consols, wl: 4 ich m le , f o t w or ng y t e o ste th rd e a —74 f. Ssc. In the Foreign Market, Dutch 49 1 -4 ; Spanish, 24 14 25; Portuguese, 58 14 Consols arc again 88 % for the Account. HALF-PAST ONE. We have no fresh arrivals to the present hour, nor any re ports to communicate. Consols, which were in the early part of the morning at SS% to M, have since improved to 86 M 1 for the Account, with little doing. In the Foreign Market Spanish Stock, which reached 2 5, has receded to 241 v , in consequence of an expectation of a national bankruptcy in that country ; Portuguese Stock is also lowever, 57Z to SSZ ; Dutch, 49Z Z ; Brazil, 69k. I'HREE O'CLOCK. Consols for Account SBg. The Munich Gazelle of the 17th inst. states that a royal shooting party had taken place that day in the preserves of Mosach, at which the King of Bavaria had killed seventy-nine pheasants and one owl ! The Crown Prince killed forty-five pheasants and three owls ! Mr. Long Wellesley has been released from gaol at Boulogne, upon paying into Court the money for which he was arrested, to abide the issue of a trial. He went off directly for Brussels, Whilst in Boulogne gaol he had three livery servants in attendance upon him, had moot expensive apartments, and entertained in the most costly manner. LITERATURE. QUARTERLY REVIEW. No. C. LONDON, 1834. It is with no less surprise than gratification , that we have read the essay on Gibbon, which heads the present Number. It is penned in so temperate, candid, and philosophical a spirit—is so utterly untinctured with High Church acrimony—is so just and even generous to the memory of the mighty dead—that we have been once or twice compelled to pause, and ask ourselves the questions—" Are we really reading the Quarterly Review? Can these be the sentiments of that fierce, uncom promising ultra-Protestant Journal which old Gifford once superintended ?" Yet such is ac tually the fact. Times have changed, and the Quarterly has, in some degree, changed with them. Had Gibbon been made the subject of its discussion but six years ago, he would have been held up as a rank blasphemer, to deter all readers from dipping into his pestilent pages ; but now the case is altered, and justice may be done to him, as the noblest historian of any age or country, without endamaging the moral or religious tenets of the community. We con gratulate the Quarterly on this change of sen timent. It may—indeed it is fit it should— lament the scepticism of such a man as Gibbon ; but it is by no means fit that it should load him with Billingsgate abuse on that account. Persecution never yet made a man religious,but it has thrown hundreds into the arms of dissent, if not of infidelity. However, there is nothing to complain of in the present article, which, whe ther we look to its style or spirit, is, we repeat, most admirable. " Gibbon," says the writer, , in a sentence which exactly defines the character of his great work, " first bridged the abyss be- tween ancient and modern times, and con nected together the two worlds of history." He then goes on to point out the har mony and clearness of the historian's narra tive, which, though ranging over an infinite variety of subject, embracing events most oppo site in their character, and for which the autho rities we c r o e n otfrtadenictoy—whch ; vague, r and still though lofte compelledconflict ingner to make such vast and repeated digressions that a return to the main subject in any easy, grace ful manner requires the nicest art—and, above all, which has to call up and set in clear array the manners, habits, and political and social influence of countless tribes in every stage of civilization,—yet preserves a luminous unifor mity and subordination to one predominant idea throughout. Wherever he may be, whether among Hutt, Tartar, Goth, or Kalmuck, Gibbon never loses sight of Rome. It. is ever in the foreground of his imagination. As respects style, if he be often above, he is never below his sub ject. On grand occasions he can rise to the highest flights of eloquence ; but on trivial ones he is apt to be equally fine. This is his great defect, that the uniformity of his subject extends also to his style. When we read his magni ficent account of the last siege of Constantinople, and the death of the last Paleologus, where he places the Sultan, with his " iron mace in his hand," as vividly before us as Scott has don e with his heroes of romance, we acknowledge the richness and propriety of his description ; b u t when the same splendour of language is la vished on the first introduction of silk into Europe, we feel that materiem superat opus, and that, from defect of subject, Gibbon is not great, but grandiloquent. However, notwithstanding this, he is always interest ing. His last six volumes, in particular, have all the fascination of an Arabian tale. Where his history is most defective—less, we suspect, from lack of materials than from an indisposi tion to the subject—is in its account of the Crusades—a vacuum which the late Mr. Mills has worthily supplied. Speaking incidentally of Hume, in his sketch of Gibbon, the Reviewer says that he "is scarcely yet shaken on his pedestal." As a master of easy, flowing style, this is true ; but as an his torian, Hume by no means holds the high rank which he once held. Mr. Godwin's " Com monwealth" has proved that portion of his nar rative, if not an absolute romance, at least so full of party prejudice, as to be unworthy of credit ; and Mr. Sharon Turner has made three full, animated volumes on the Anglo-Saxon dy nasties, for which Hume professed to be unable to find materials. " German Watering Places" is a delightful article, full of novelty. " Lewis's West India Journals" shows the a uthor of the " Monk" in a more amiable light than be has hitherto ap peared. Mat. Lewis--say Scott and Byron was a bore, the worst that can be said of a man in these days, but he here appears as a man or quick faculties, and zealous philanthropy. " Tre velyan" is a notice of a popular novel lately pub lished. The praise would be juster if it were a little more moderate. " Life of Crabbe by his son" reveals many curious particulars in the life of that eminent poet, who seems to have experienced as many pangs from the excess of patronage, as from the want of it. His suffer ings from being compelled to drink "bumpers of salt and water," when Chaplain to the Duke of Rutland, may be fairly pitted against those which he must have endured when he trode the streets of London with scarce a shoe to his foot. It may be worth mention, perhaps, that Crabbe has borne the highest testimony to the present Lord Chancellor's conversational powers, that one great man ever yet bore to another. " Brougham's conversation," says his diary, " reminds me of Burke's." We close our no tice of the Quarterly Review—just observing by the way, that th,.: elaborate article on Litur gical Reform, if meant to be candid and con ciliatory, takes a strange method of exhibiting these qualities—with an extract from the review of Ctabbe's Memoirs:— " Our author's narrative, at this period, begins to be diversified o ith hilily-interestin g letters to and from Mr. Crabbe. We have specimens of the epistolary vria of, among others, Mr. Cannin g , Lotd Holland, Lord Grey', Mr. Roger Wilbraham, the late Bishop of Peterborough , Dr. Mansel—and, above all, we have a singularly-affec tionate sequence of letters between Mr. Crabbe and Sit Wal• Su ;Pave ew t heft Fine Clove o at s , Oax. Nevr theft, i ovel tine I Oat Si 11... n, I Fine Line I Vat St The Thicki The Mouse, 13rand; Mr, Ilesday. Sir ' New L Mr. 1 Friday, Mr. 1 TUesda Friday, The Village Saturda Mr. 1 Wedne Dingle' Mr. ] at Milt Mr.] The ; 'V wood_ Mr. Thursd half pa Mr, 'hun c h mat be Lord Wed ne park The] day Air.v' . 44 Y, at at 11. T H ealcolat not on!, and Ce n ' toinie's that hel viouNiv of those how to forty-sh designer lhanie. intelligi battyo; AN hide -8; syllable. PRICES OF SHARKS THIS DAT AT ONE o'cLocr. Paid. Per Share. Alton Mining Company £7 8 Anglo Mex. Min. ..:o. Liss. at 51. pm ) £lOO 8% Bolanos Mining Company .£l5O 137% Brazilian Mining Company £s 15 Brazilian imp. Min. Co. (ass. at 5/. pm.) £2O 61% Ditto National 22% 23 Ditto St. John Del Rey Cata Branca Mining Company 3% ... 6% British Iron Mining Company .... Columbian Minin4 Co. figs at 5/. pm.) 51% IN English Mining Company 12% 25 General Mining Association l2 8% Hibernian Mining Co Mexican Mining Co. £4B 12 Real del Monte Mining Co....(unreg.) 49% % t nited Mex. Min. Co. (iss. at 21. pm.) 40 10% Ditto New Scrip 5 12N Alliance Fire Insurance Comp lO 11% Protector Insurance Como. ....... Australian Co. Canada Company l7 48 General Steam Navigation Co. l3 134 National Provincial Bank of England 5 3% Rio Doce Provincial Bank of 1 reland 25 39