The Sun. — London, England, 1827-11-08 00:00:00

~~~ ~~ M:Pw!ri , CONTRACT FOR FLOUR AND HOPS. • . ROYAL HOSPITAL FOR SEAMEN, GREENWICH, Nov. 3, 1827. SUCH Persons as may b e w illi ng to ^-000N TRACT for supplying this INSTITUTION with 700 Sacks of FLOUR, and l r-olvor the BEST HOPS, one-half in Bags, and Ma re other i n P ocketg, or the whole in Pockets, lice h 1 their Proposals to the Directors at this in the P re . 14 ' r'4l47' the of instant, at Eleven o'clock th ° but none will he received after that hour. to e and particulars as s ar l ar l d t), s ' offi .pe ' r ee i m od heor F f o deh .; e °4 , 3 B, ro c P ., osals , will be obtained at the o c t e l iv t ed he dfroay ndr°usof Parti" tlesi e. contracting must personally attend h our aforesaid, and no tenders will be re which .they°loo4all. who are not dealers in the articles for Pro abo ve 4t. are required to be agreeable to the forms tw o , I °, ll ed, and to contain the names and residence of wo-rd7rullaiole Sureties; and it is also requested, that the I , ‘ Ten der" be written on the address of each "%e no regard will be paid to them. -----... - Thu- , t hlY Was published, the Second Edition, revised, price 14s. boards, of AN INQUIRY concerning that disturbed c 0 ,,-Ailit e or the Vital F unct i ons usually denominated - "tutional Irritation. otllio By BENJAMIN TRAVER S, P.R.S. ~If .r Surgeo n to S t . T homas ' s Hospital, and President the M edico-Chirurgical and Huntarian Societies of Lo u 4 0 , & - ' printed'fn,T _ • I, n A - ...ong t n an , Rees, Orrne, Brown, and Green, ‘ion IN' AND ENGLISH LEXICON, This Da • L V 4 ONE VOLUME, Svo. Was' 'Ouhrstied , in one large and closely printed 800. Volume price 255. boards, "7„.. EW. ArKl ENGLISH LEXICON 0 1.13 TESTAMENT, including the Bibli rnattp664._ 'Edited ESENIU& , .iwithasts . pravamen tss, from _tilt Ge rr —44 cif O • • • - 8 9 Josi,sz.w..GlßßE ! , A.M. ix.. Of the Theological Seminary; Andover, U.S. Da m' for R o w ell .:and Stewart, .Successers to Ogle, - ,, ne an) ant Co:, 295, Holborn, Lond on . „' -r pfelsor Stuart' its ,his, excellent Hebrew Grammar, - r` 4l l of this Work in the following high terms : ;LThe.Hebisiw Lexicon of Ges en i us , now i n the course "'Relation and publi ca ti on by Mr. J. W. Gibb s , will --1 / 1 1 9 an important desideratum among the Works on He- Literature accessible to Students in this country. ZEI may be hoped for from the circulation and general cellent and very important Work." TEETII—LEICESTER-SQUARE. 111 a ' w RREN, Surgeon Dentist, begs to hi s i n f rj ea lib li t h" attention of the Nobility and • Gentiy th to o lqouth le Principle of supplying deficiencies of eft tillether of the Teeth, Gums, or Palates, arrs'.ll 9 4 0 ?1, 1 , d ' liinel.3l, or Sea-horse substances,' Imm a sing th e 4 a complete set, without pain or inconvenience .ro) to ot ~a e ltrt ,r ; an] invites the most difficult , cases in f l 'and Peri°l. Vsten2 of fitting. Mr. W. 's terms la w i i i l c l an b t e , a nd e°l4° 6 ° an' with the circumstances of the app. 44tir ifZ e ; I r e will be made unless by the full and entire • t ;. ) °,' lbe patient. cokt ' am) informs Medical Gentlemen qualifying for !ia Pract i° , 4 or that of Tropical Climates, the he 1 „..1ea to give Monthly Courses of Instruction on D. , ntal tritt.V , cepabnting Cleansing, Stopping, Exercising, Ex thod k e• and including the manuf ac t ure and me !tad st,i,,l4 3 , • PlYing oral deficiencies, on the most modern L O Aaon pcinciples, as practised by the first Dentists and Paris. -7, Leicesteer-square. PARIS' m o rning $ more than plain of ) about line, stret , I was Pe .:# s Majesti i d the Di1 1 :1, !c1 by a 0 1 ert at the he s!, --a person' cople, anti :sts and Pr, ji t!' d the Duc ci an opt'' ised along' giments P, 1 1 15 )proproto must have r o i j i spectstorsvo 3lock, Ley appeaL7d ; yet o)9' ed w ith v;i l y one par:t luiekti o ea ; dischggi dry forll tit sublimely horses. of I the reillSoll d liverY , )ts, 11 ' 311 :1110 Iv y ,qho o ,: nr i, old, swthe 6011 of c ot it very acre), leC earri dt m set ° v o ck eight 0,1111 r,,, N nises eet , g wri _str at o ii4appened the BP Ot ' les• its a ye hale • 0 . 6 ...." :5 . e0 to . 0 y I'hus rc i l l R io t into .0 bl e to °brier uantitY °. be e" 1 . •It 113 % for I in the I ' ll r e of half al b' neaps ° f • t the d. NO, 3 1, 04 ~... --- LordN o Aoele steß y AND . u's COADJUTORS. i td i for h e h a '' ..i '-'4l' was at this time most unh tpi.ily situat ;,,(ose,g-1.." J udge FLETCHER upon one hand and Judge tecon i ,„' - von th e other. The former was a manot b an t l ' Q 'vertl "l Y v igorous and brawny mind, witha rude . u %era, ;' grasp of thought, and with considerable s a fi er et u , i v r ,, e- , titi...reih in literature and in his axl e "`e of all elegance, either ta l profe"on :ternal, but les t 12 P for the deficiency by the mental tk r of his understanding. devoted Whig iv o a r nd el robust chs- He had been a . while 4 ~..t har,•and hated Lord Noreatiav for his politics, -- gt 444 his intell e ct i n contempt. Dissimulation was no, ti ° ,4 his attributes, aud, as his indifferent health produc is,i,' great infirmity of temper, (for he wag the converse of 1 4s t ii,,,, a a Frenchman defines as a happy man, and had a bad i tog l ed , and a good heart), he was at no pains in concea - Jett:it disrelieh for his brother on the bench. Judge l eft h 4(4 ' , who occupied the seat on Lord . Noitertav's ,Thr t s ; 'ad, r completed his misfortunes in junta-position. be 1 ' 1 " nothing whatever about Judge JonNsorr to sorp: ll .ghed at, although his bursts of temperament may ke t} , 4lla es provoke a smile ; hut, in adding to Lord %e, -.l 'tv'a calamities, he augmented the divorsinns of the Pia t - ; Re was less habitually atrabilarioue th In Judge th s c4 tri hse characteristic was moroseness rather P s :::,,, it ' it aliili w ty. o but he had an honest vehemence. and iin- Ptitt-j,ltY about him, which. whenever his sense of pro 'ii ' f ,""'as Violated ? he could not restrain. When the isi ' t , - "'llitic e , h a .was thus disastrously placed, was for -t‘ nd grneri 'v t (if the olla-podrida which he h ( e a s l e led rve ) el 7,, , Prt 4 ... ," : general entertainment can b his brother Jedg t es i , 14 ni ' al; ' d erived from the aspect of I- Ju dge FLETCHER, di gn.,, t4 a vast accession of amusemen- was ! Anti „ . .V 4 t all the absurdity which airown up bY *leres4i;:tt‘tlav, and which bespattered the . I rn u c a h: o b .c e r g i a t n y I livh ;,'„" i ‘ disgust by the character of bi " . main laza,. s':ead over his countenance ; of which the F... ect,te .terietie w as a fi erce sourness and a scornful di 1 co rit. Ju dge JoriNsoN, on the other hand, endeavoured the h?e,„'2eeal his anger, and, placing his elbows on r r b u 'll, and thrusting his clenched hands upon . his mouth,. t Ista"llo.stift, the indignation, with . which, however, 1 obvious that he was beginning to tumefy.F 'Al.tßer I while, brit tle l, i , a growl was heard from Judge rrrinr u, r, t , o le Judge JonNson responded with a groat i l l:, I.4l4terrPti b 7 any such gentle admonition, their . rable brother, wi t h . intrepidity', held . 4 hi„ .1 desperate ex tr,tii_.l ~ ay. Judge FLETCHER had a habit, when. as h 'lgir displeased, of rocking himself in his seat , and, no d v 'as of a considerable bulk, 11'e swinging, wh ich was f " * li to h • • •anger, was ae,i ii ean intimation of ma augmenting the 1 ( 4 , to the Bar. As Lord NORBITRY advanced,. l 4 tteat,rt'', accompanied with a deeper erowling,describet l ' i hil, 7 s egment of a circle, and shook the whole bench . n.. ; Netpd'idge :fort xsore, with his shaggy brows bent . and Ll th Pkiii ' l ' Y er his fa • and with his eyes flashing u . ' , li -"I1Z' 4 'ed with 'a e i e l ' oceasional exclamation of mingled i in ''ptt'itli, - 0 ° 4 4 a c t d dis , kt , ust, to turn himself violently rounr . , until at length Judge 4ito%el'it, his°riia,unßduYlc.";ties went; came with hun t , 1,t',,,/al,ll bullaysion t- upon one side, and Judge Joint '.'!, ql-; er ' , " w. Lrted shrug, hit , bil t i l l ie on the shoulder upon simultaneous shock, '''hfitnritahivhen, ays:ake t n a e I t a )3 nd looking round the B ar, Idikel„lvee roa ri g n ave wi a th s lau r ;hter at the whole proceeding, '''l tl i 4 •g e d two orgthree puffs ; and felicitating his brothers i t '' '. Il ta:r it ir ei t i l thanity and good . manners, in revenge for their I, l P,t 4ft 0111 estimate of his talents generally called . on . the 614 fall lining liring him a judicial convenience, and turning h to .4ej ll i„ - 1 : ) f the C etaliated from the Bench for te f e ' Als w hiell 'o try ti h r ad cast upon him. From cue o ,iZI altafo.rrn_idabilee commentators he was latterly . relieved,. eh, "gn Judge JonNsos remained beside him, still in 'Metes ee of Ju I e F e a 1.. g . l Excne.n. as an anxilia 3 r i y u e o h lt e E, b d e o ca ri m ng e ae h . inew..at mitigated ; while .fudge . than inti 'late, h! er- Justiee's legal expositions did no more •te ji ," feelings by a look of good-natured commiseration , " 1 1 7 i ge oar turned a polite and fastidious smile, 1' , 4 life.'" gracefulness of the Hor se -Guards, upon 1, i 5 l inhlQ 4ned brother....Arew Mont% Magazine, I No. 10,970. LITERATURE. ionsuit should not be set aside, and a verdict en tered for the plaintiffs.—Rule granted. BOYLE FARM.-A POEM. THE KING V. TILE REV. JAMES ROBERTS. The splendours, gaiety, fashion, and so forth, of Boyle Farm, " live in this poet's numbers one day more." He has voluntarily stepped forward as the laureate of that very delectable scene of amusement and perfect ton, which not quite six moons since set all the world—that is to say, the west end of London, in extacies. " Aut pro desse volunt, aut deleetare porter," says some old writer, 'our present poet blends the two, amusement with instruction ; amusement in the pleasant but feeble way in which he has treated his subject, and instruction in the highly accept able information that Lord A—y's (we presume Alvanley's) face is remarkable forits eminent dis play of virtue and good humour. Independently of these twin attractions, Boyle Farm possesses the rate merit of being written by a person who really was there ; to this the Editor of the Li terary Gazette has indirectly pledged himself, there is therefore no doubt on the subject. Mr. GOUult.Tßti moved for a rule, calling upon the defendant, who is a Justice of the Peace for the county of Warwick, to show cause why a criminal information should not be filed against him for hav ing oppressively, corruptly, and unlawfully, exer cised his authority of a Magistrate. About seven o'clock in the evening of the 31st of August, the prosecutor, a man in a humble station in life, was apprehended upon two warrants granted against him by the defendant. The warrants di rected the constable therein named to bring the body of Mason before the defendant, to answer two charges preferred against him by two persons named Joyce and King—namely, that the prosecutor's dog had killed some turkies, the property of Joyce and King. The prosecutor was kept in custody all night, and on the following morning he was taken to the defendant's house at: Hartsbill, where he saw the defendant, who told, him that he must pay forth with to Joyce and 'King the sum of 31. 12s. for the turkies which his dog had killed. Mason said that he knew nothing about the transaction, and that tie should not pay the money unless Joyce and King would produce the. turkies and witnesses to prove that his dog bad killed them. The defendant then took the depositions of Joyce and King, and of King's daughter; but in neither of those depositions was it stated that Mason was present when his dog killed the turkies,and he in his affidavit stated positively that he did not know his dog had killed the turkies, that he was not present when they were killed, and that he was not in any way privy to the trans action. The depositions having been signed, the defendant threatened to send Mason to gaol if lie could not find sureties for his appearance at the Sessions ; and Mason having tendered sureties, his reeognizances to the amount of 201., and two sureties in 10/. each, were entered into for his ;ap pearance to answer those charges at the sessions Mason asked the defendant to. give him in writing a statement of the charges preferred against him; but the defendant refused to do so, and said, " You will not want it, you will make it up before the sessions. I shall take the recognizances in my pocket to War wick." Mason asked the defendant if there was any thing to be paid, and the . defendant replied, " Yes, eight shillings." Mason said, " That is too much—will not 4s. be enough ?" To which the defendant replied, " Bs. is the money, and I shall take nothing less." Mason then paid the defendant es., and the complainants, Joyce and King, paidhim 17s. There was no clerk in the room, not., did the defendant say that the money which he demanded, and which lie actually put into his pocket, was for clerk's fees. The charges having been thus dis posed of, Mr. Roberts told Mason that an informa tion had been lodged against him, by King, under the statute of Anne, for keeping a lurcher (the dog in question), and employing to kill and destroy game. A person named Ball was then examined in support of the information, and he stated that he believed the dog was a lurcher, and that he could bring forward a man who could swear that he had seerohe dog run after a hare. Upon this .evidence the defendant convicted Mason. He (Mr.. Goul• burn) had . the affidavit of the man who bi ed the dog, and he swore distinctly that the dog was not a lurcher, and that the sire was a terrier and the mother a turnspit.—(A laugh.)—He had also the affidavit of Lord TENTERDEN—You have stated enough. • -- - Take a rule. HARPUIL r. LUFFKIN7. This was an action brought by the plaintiff, who is a farmer in Essei, to recover.from the defendant, who is, also,a farmer, in that county, compensation'in damages for the loss of the services of his (plaintiff's) daughter, whom the defendant had seduced and got with child. The cause was tried before Mr. Justice Gaselee at the last assizes at Chelmsford, when it appeared that the plaintiff's daughter was a married woman, the mother of three children, and was at the time of seduction living separate from her hus band in the house of her father, to whom she acted in the capacity of servant. The Learned Judge in summing up told the Jury that in his opinion the plaintiff was entitled to a verdict, and the Jury ac cordingly found a verdict for the plaintiff—Damages 101. Mr. JEssoPP this day moved for a rule, calling upon the plaintiff to show 'cause why the verdict, should not be set aside and a nonsuit .entered. He submitted that the plaintiff could not maintain this action, inasmuch as• the plaintiff's daughter being a ,married woman, the relation of master and servant could not .subsist between her and hei father. The Learned Counsel, in support of his motion, relied upon the case of ." Irwin v. Dearman," 11 :East, page. 23. Lord TENTERDEN.—Did it appear that the plain tiff paid wages to his daughter? Mr. JESSOPP. — Yes, my Lord. Mr. Justice BATLEY.—Did she do any acts of service for her father ? Mr. JESSOPP.—Yes, my Lord. Their Lordships ha% ing consulted together far a short time, Lord TENTERDEN.—The only question here is, is this action maintainable ? There are many cases in which married women are actually hired as servants at . stated wages, with the consent of their husbands. The relation of master and servant may certainly 'subsist between a married woman and her father, subject, however, to be put an end to by the hus band wheneVer he should think fit, because the con tract entered into by -the wife is not binding upon the husband ; and I think it is not competent for a third party, a wrong-doer, to say that the relation of master and servant, which in this case existed in fact, cannot exist in law.—Rwle refused. TABBY V. BARLOW. This was an action brought by the plaintiff, a little girl about nine years of age, to recover from the de fendant compensation in damages for the injury sus tained by the plaintiff, in consequence of the defen dant having instituted a malicious prosecution against the plaintiff, upon a charge of stealing some ducks, the property of the plaintiff. The cause was tried at the last assizes for Stafford, before Mr. Baron Vaughan, when a verdict was found for the plaintiff —Damages 1001. Mr. TALFOURD this day moved for a rule calling upon the plaintiff to show cause why the verdict should not be set aside, and a new trial had. He submitted that the Learned Judge had improperly received evidence of the defendant's conduct towards the brother of the plaintiff. This Court had also granted a criminal information against the defendant for the conduct which was the foundation of this action, and there could be no doubt that, if, when this Na our, sbtroit"ght, an a ppli cat i on h a d been made would ord er t h e procee di ng s action to thin C v to be stayed. T Mr. Justice' BAUM .—No, that does not follow ; the Court would probably have, if such an applica tion had been made, compelled the plaintiff to make an election between the criminal and the civil pro ceeding. It does not appear that the rule for a cri minal information has been followed up by a pro secution. Mr.TALFOURD submitted that the plaintiff, by in stituting the criminal proceeding, had waved her right of bringing an action pending such criminal proceeding. Their Lordships having consulteditogether for a short time, Lord TENTERDEIio-I am not prepared w say 14N • - io 4 -!, -dk ° •Awilorc` *lc" , • 1 :-% 0 , 11:1 41)( Atti, ' it • , :a o, l _ - ffor , ltOta r ie nt i. l,l .4" 1 3111 HENRY HUNT. PAUL V. WESTON. LONDON, THURSDAY EVENING, NOVEMBER 8, 18' that the evidence was improperly received ; one piece of evidence went to show what the conduct of th( defendant was, and .that his object was to make tht children say that they were encouraged by their pa rents to stear the ducks. With respect to the ;mount of damages, I admit that that is a questiof , for the consideration of the Court ; but ought we, when we feel satisfied that the defendant has been guilty of gross misconduct, to disturb this verdict, and to send the parties to a new trial, because tht Jury has given rather larger damages than we pro bably would have given, if we were to assess the da miges? I think we ought not to do so.—Rnie re fused. The Court having gone through the bar with mo tions, Lord TENTERDEN asked if Mr. Hunt, who wished yesterday to make some motion, was in at tendance, as the Court was then ready to hear him : one of the officers replied, that Mr. Hunt was not in Court. COURT OF COMMON PLEAS, Nov. 7 (Sittings in Banco.) BLACKBURN V. BLACKBURN. This was an 'action of libel, which was tried be fore Mr. Justice Gaselee and a Special Jury, during ate late Sittings-Ist , was'aileged- that the libel initited:fdrgery and fraud to the plaintiff, who was a Dissenting Minister, and after a very great detail of evidence, the Learned Judge left the ease to the Jury upon two points—first, whether they believed the libel tended to impute forgery and fraud,; and secondly, whether the defendant bad been actuated by any express malice. The Jury were of opinion that it did impute forgery, but that there was no express malice, finding a verdict for the plaintiff for 50/. Mr. Sergeant CROSS now moved for a rule to show cause why the verdict should not be entered up for the plaintiff on the special pleas, and for the defendant on the general issue, and that the da mages should be set aside, or a new trial granted, upon the ground that the Jury's having found no express malice, was, in fact, an acquittal, and the verdict should have been for the defendant. • After a short deliberation, the Court granted a rule to show cause. COURT OF EXCHEQUER, Nov. 7 THE KING V. PETO. An application for an injunction in this case, on the part of the defendant, was postponed, on the motion of Mr. BICKERSTETII, Sir C. WETHERELL offering no opposition, to the first day of next term. Mr. SIMPKINSON made an application in this case, complaining of the conduct of Mr. Jones, an attor ney, residing in Shropshire, under the following circumstances :—lt having become necessary to prove the will of the late Mr. Henry B. Weston, to which Mr. Jones was one 'of the witnesses, that gentleman was written to by the defendant's attorney, to know when it would suit his convenience to come, to town for the purpose of being examined. —Mr. 'Junes replied,- that any day in the following week would suit his" convenience, and• he wished' to pay a visit to his brother in London about that time. —ln consequence, however, of the Circuit taking place at that time, Mr. Jones's journey to I.ondon then. would be of no avail, and consequently a commission was taken out to examine him in the country. With this measure; however,' Mr. Jones was dissatisfied; he said, that he had been unhand sugssaly:Aseatad,:And....whesi. waited. on 71464 to be examined anywhere but in London. Havit* sub sequently come to London, and it being supposed he was about to go on the Continent, his examina tion was taken here ; and the present application was now made, that he might be ordered to pay the costs of the commission which his contumacy had render ed unavailing, and also of this application. The COURT was of opinion, that as Mr. Jones had declined to be examined only on the ground of his having, been unhandsomely treated, and not be cause)te hid not been summoned, &c., he could not now avail himself of .such objections, as an excuse for ,his contumacious conduct. They therefore or dered him to pay the costs:of the commission, and. of this application. PREROGATIVE COURT, Nov. 7. ' CONSTABLE V. EMANUEL AND ANOTHER. The testator in this case, Mr. Edward Emanuel, died at Paris on the 18th of March, 1825, a ba chelor, aged 26. He left a will iii his own hand writing, dated the 6th 'of July, 1821, just prior to his departure from England, by which he bequeathed legacies of 13,000/. to his brothers and sisters, con stituting his brother, Henry Emanuel, still a minor, residuary legatee. A legacy of 2,000/. was also left to Mr. Robert Constable, who attended the tes tator as his travelling tutor. Probate of the will, and - of a codicil executed shortly before the tes tator's death,. was granted in July, 1825, to Mr. Constable and Mr. Samuel Stiebel, who were co executors with Mr. - Stiebel and Mr. Henry Emanuel, the residuary legatee. At this time the existence of a still later testamentary paper was not known. In November, 1823, a bill was filed in Chancery by Mr. Joel Emanuel, the father and guardian of the residuary legatee, with the view of invalidating the legacy of '2,000/. left to Mr. Constable, on the ground that he was an attesting witness to the instrument. The Court of Chancery decided, however, upon the principle laid down by this Court in the case of "Brett r. Brett," that the property being personal, the legacy was not void under the statute. Subsequent to the filing of the bill, a paper was alleged to have been discovered by 'Air,Constable, in a book belonging to the tes tator, which had been executed a few days before his death (which was occasioned by an act dsuicide), and which directed his tutor to pay sundry debts, including one of 35/. to himself, and recognized the legacy of 2,0001. The decision of the Court of Chancery had rendered the evidence of this paper pperfluous in regard to the legacy, and the only ob ject of the present suit to decide the validity of the last codicil, was to sanction the claim or 35/., and to decide the question of costs. Dr. LUSHINGTON and Dr. JEssr, ADDAMS, for Mr. Constable, contended that the paper was intended to operate as a codicil, and was a valid instrument. Dr. JENNER and 1)r. PICKARD, for Mr. Joel Emanuel, argued that the circumstances of the case, and the evidence on both sides, threw a strong suspicion of forgery upon the paper. The CO URT p ro nounced for the codicil, and di rected the costs of all parties to be paid out of the estate. . ROYAL ACCOUCHEMENT.—Her Majesty the Lioness at the Tower, has given birth to three young Princes. The answer to all enquirers yesterday was, that the Royal infants were as well as could be expected. GENEALOGY.—A gentleman married a lady, whose brother afterwards married her husband's daughter by a former wife. Each party soon had a child, the for mer a daughter, the latter a son. Ergo—The first-men tioned lady is mother to her brother, sister to her daugh ter, and grand-mother to her nephew ; her little daughter is niece to her sister, aunt to her cousin, and sister to her u ncle. The young man is brother to his father and mo ther, son to his sister, uncle to his da ug ht er, an d b ro ther to his niece. His wife is sister to her father and mother, daughter to her sister, niece to her hushai:, and aunt to her sister ; her little boy is . grandson to his aunt, nephew to the lady, and cousin to his aunt,t be little girl. •• . PR ICE ID. LAW INTELLIGENCM„ COURT OR CHANCERY, NOT. 7. BALER V. RENDIASON. Mr. WAKEFIELD, at the sitting of the Court made an applicatiOn Which he confessed was some% hat singular, and, he believed, altogether no vel. The Court knew that it was the practice in the courts of common law to permit the persons confined in the several prisons of those courts to have day rules, by which they were permitted to go out of confine ment for the purpose of attending to their affairs during the term. He now applied for the defen dant in this suit, who had been committed to the Fleet prison for a contempt of Court in not paying a sum of money which he had been ordered to pay, that he might have a similar privilege extended to him. The LORD CHANCELLOR asked if a similar appli cation had been before made ? Mr. WAKEFIELD believed not. His LORDSHIP said, he would enquire into ale foundation of the practice of the court, and mention the matter at some future day. THE LUDLOW AND LEOMINSTER BANKS. Mr. Rosa applied to have the petitions in these cases advanced in the paper of bankrupt petitions, which was ordered accordingly. HART V. HART. The arguments in this case were resumed by Mr. HORNE, who was followed by Mr. ROUPELL, on be half of the defendant. Mr. HEALD, Mr. BICKERSTETII, and Mr. ANDER SON, were heard for the plaintiff, and Mr. HORNE in reply. The Court having sat till five o'clock, then rose, and the judgment was postponed. VICE-CHANCELLOR'S COURT, Nov. 7. JAMIESON V. DRIVER.. This was a case in which the plaintiff filed a bill for an account against his partner, the defendant, and the latter was, ordered to bring into Court a waste book, ledger, and certain other hooks, in order to elucidate the real state of the partnership accounts. In conformity with this order, books of the above description were brought into Court. Then there Nag an affidavit -made by a Mrs. Best, daughter of the plaintiff, in which it was sworn that the books brought into Court by the defendant were not genuine. They contained many erasures and inter lineations, which she was enabled to detect from having been the person who kept her father's books. The affidavit also stated that one of the books, or a part of it, was composed of paper the water-mark of 'which bore the date of 1 8 24, while, ;n fact, all the concerns of the partnership ceased in 1821 and 1822. Upon this affidavit itn attachment issued against the defendant. Mr. SUGDEN now moved that the attachment should be removed. He had a formal objection to take, which he had no doubt the Court would con sider fatal to the continuance of the attachment. Mrs. Best's affidavit was sworn on the 13th of Oc tober; and in this affidavit she swore that the exa mination which she made of the books took place on the 31st of October--that was to say, that she affidavit, x im d a in vi e t, d t .the therefore, books after e a a f s te up r she had made her affidavit respectingand on co th n e te f n a t e s e o o f f t i h t e u m n . true T . he M. HEALD i on the other side, contended that no court of equity would allow such an advantage to be taken of an evident mistak,e—an error, probably, of the transcriber of Mrs'. Best's affida v it The VICE-CHANCELLOR thought the objection fatal. The jealousy with which anrinfringement on the liberty of the subject had always . been contern plated by all courts, both of law and equity, was no torious. For his own part, he should certainly never have issued an attachment, and he therefore found himself compelled to remove it. He did not mean to insinuate any thing like moral guilt against Mrs: Best. The fact on which the objection had been taken might, and probably was, a mistake ; but when so serious a consequence as an attachment re sulted from an affidavit, the person making such affi davit ought to be very careful what he deposed, and ought. not to be protected if he made any mistakes. COURT OF KING'S BENCH, Nov. 7. ATKINSON AND OTHERS BELL AND OTUYRS. This was au action brought by the plaintiffs, who are the assignees of a bankrupt named Sladdon, who was a machine-manufacturer at Preston, to recover from the defendants, who are flax-spinners at White haven., ,the su m o f 130/ . f or wor k, and labour, and materials supplied by the bankrupt in the construc tion of two spinninimachines, pursuant to the order of the defendants. The cause was tried at the last assizes for Lan cas hi re before Mr. Baron Bullock, when it appeared that in October, 1826, the de fendants wrote - a: n letter. to a personamed Kaye, at Preston, requesting him to order two spinning ma chines; to be constructed upon . the new principle for which Kaye had obtained a patent; Kaye, not being a manufacturer, took the letter to the bankrupt, and gave him the order: The m ac hi nes were construct ed under the superintendence of Kaye, and when finished, were packed up to ,be sent to the defend ants ; and in June, 1826, the bankrupt wrote a letter to the defendants, stating that the order given by Kaye was completed, and requesting to know if the defendants wished to have the machines sent to Whitehaven. - The defendants, upon receipt of this letter, wrote to : Kaye, stating that they understood that the order which they had given him had been countermanded, and that, at all e n they did not " wish to receive any machi nery at e pr t e s s'en t, if at all." The package containing th e machines was then deposited in the bankrupt's ware house, which was destroyed by fire in a few morths afterwards. On the part of the defendants it was contended that there was no privity of contract be tween them and the bankrupt, and ,therefore the ac tion could not be sustained. The Learned Judge, upon this evidence, at first directed the Jury to find a verdict for the plaintiffs, and liberty was given to the defendants to move the Court to set aside the verdict and to enter a nonsnit ; but he afterwards directed a nonsuit, with permission to the plaintiffs to move the Court to set asid e t h e nonsu it, and to I enter a verdict for 1301. Mr. Sergeant CROSS this day moved for a rule, calling upon the defendants to show cause why the ABUSES IN TRADE. We are happy to find that the persons to whom Allusion was made in our last article under this head, as having been concerned in certain frau clulent transactions in the baggage department of the East India House, are no longer connected with it, and that those who now superintend the business of that warehouse are men of honour and respectability. It would be indeed most lamen table to find any great public establishment in sensible to the misconduct of its officers. We may, however, be obliged, in the discharge ofourduties, to point out some serious blots in the character of many Associations which have been raised professedly for the advancement, but actually, if we are to judge from their effect upon public morals, for the subversion of trad.e. The merchant, the manufacturer, the wholesale dealer, and the retailer, are all inseparably con nected with, and dependent upon, each other; and the capital of each conduces to the same end. The merchant sells the raw material to the mann. facturer, to whom he gives credit, and on whom he draws-billk; the manufacturer sells to the re tailer, or consigns the manufactured" goods on commission to the wholesale dealer, and draws upon him for the amount ; the wholesale dealer sells the goods partly to the home market, partly for the country, and partly to the market for ex . :- portation, and he draws upon the purchaser; the retailers select assortments of goods—those of respectable character purchase manufactures of the best description, others take the refuse. All those persons are enabled -to carry on their several concerns by means of some capital, and by means of credit between each other ; and any thing that tends to break this connexion, and divert the capital from those legitimate ob jects, must contribute to impair the .manufac tures of the country, and force men to embark their money in more secure and profitable spe culations. The fraudulent system exposed in these columns has had, by the acknowledgment of all honest men of business, the inevitable ten dency to dissolve the mutual confidence by which the trader as well as the community is be nefitted, and to throw into disorder the whole of the machinery which otherwise would be per fect in all its operations. From this disorder spring ruinous fluctuations, and that griping distress which first degrades and then destroys the labouring classes of the people, extending its effects with equal malignity and violence to the agricultural poor. The extent of the informa tion which we have received on the great subject of abuses in trade since we have agitated it, is almost incredible ; the instances supplied to us of fraud and robbery in all trades are innume- - rable ; but they are only confirmatory of the knowledge which we previously had acquired in our examination into the many departments of villainy with which 'tins enormous place of vice and virtue abounds. We have had opportuni ties of contrasting articles of the best manufac tures in almost every line with thd various imi tations by means of which fraud ensures an Un worthy prosperity,. and those .wlio really think they are getting the• value of their money are deluded and plundered. We have seen in the woollen. branch—the grand staple commodity' of the country—that frauds are as numerous as in any other of ournianufactures. Everybody con nected with agriculture must know, that wools are to beptirchased at a price from 10d. to 10s. per lb. We have seen and compared various articles broad-cloth, forinstance, which pass for superfine, from 10s. to 255. a-yard. Some of the tailors of the metropolis, who happen to bear characters for inte grity,and those alone deserve to be called lionestlho supply a' good article at a moderate price,—will boy their cloths at the latter price only, while the cabbage-hunting knights of the thiMble em ploy their fingers with careless velocity over an article not worth •more than 17s. or 18s. ; but this they take care to have polished up and rub bed down with such skill and industry, that some little time must elapse before the imposture is detected. In some of those shops to which the public are invited in language of such hyperboli cal recommendation, the article, a customer will find, in dandy exhibition seldom reaches more than one half of the price given by the conscien-, tious tradesman. Let - those . who , pay . ready money for the "got tip " material, calculate the difference in price and the difference in credit, to say nothing about the wear, between that and the unexceptionable article, and they will find that the tradesman who deals in the superior commodity must have the smaller profit. In the article of silks what opportunities for the com mission of fraud occur ! The raw material is to be purchased at a price from 10s. to 255. a pound. Articles can be manufactured of all the intermediate qualities with such exquisite skill, that it is with the: utmost difficulty the" keenest eye that ever suspicion glanced with ; can dis tinguish the inferiority. Time alone can expose the deformity of the counterfeit to the ordinary e ye; and yet there are hundreds of persons who submif tolhe daily delusion, and run from shop to shOp in quest of " stuff" which sounds cheap, because the price is low, in. comparison with that at which prime goods can he purchased in any honest establishment, We have compared articles of the same colour, and apparently the same quality, and. yet the original cost of gentry go them at the manufacturer's was a third les s th an that of the other. Let any of the contemptibl e bargain-hunters amongst our nobility and go into some respectable house (and ma i n ie y yj t u h ndl e ay there are in Regent-street and Oxford-street, and else where), and desire to see the two sorts. Th ey will llsoboentwpeez theei ve, commodities,iti the conft.s th iono a f t . their they themselves have been the dupes of gangs of shop keeping depredators. We have seen the mode of deception practised i n various descriptions of linens. In the article of table linen, on account of the peculiarity of dressing and getting up," which belongs to that very essential branch, frauds are hourly prac tised, so that there is really no safety in dealing for it at any nut houses of established repute, Such frauds have been discovered in the sale of . Irish and other linens, that persons who know nothing of the deceptions in other departments of trade have supposed that the whole ingenuity of the accomplished trading knave of London was confined to that sin g l e branch. Every man who recollects the durabili ty o f t h e s hi r t s h e wore twenty years ago, must every day witness the con trast between the wear o f t h at d a y and of thi s . Sill the vilest trash is vended by what are calgd .w ,:t ( . ' 1,..!:.-.! \ - • , i i s . j t.: . k ,-, ': k .. 2..)\ tz . , l a n . f st a r e a t ti e v ai e ls o e f out the b l e i f l o au re me a r -ifizflO sil g i 7 h cLe m a°. 1., the agents of linen coin ' its. tet:tl ~. .Tme ag panics of this kind are f or M ed, an d o f their ge forinmearlPyulbited in th e capac i ty o f 7 corn i f on for a length of time very ext, p ns art ive o l f y, t a h t e l neral plan of operations. A n i n di v id ua l ca rried ‘ m ‘ l et r r is o h - L p o i l n i e s . n li e Company" had valet to a gentleman, from . which. condition he was exalted gradually to that, of a `• C ompany : , He failed in this latter capacity, .and in his ex that there was no, company, in existences -0-that h e.. amination before the Commissioners he confessed was the only person in the concern, that he never purchased a piece of - hop-, .nor,impotte& a yard from.lreland.innis iiib ; : e .4ht he had been set . up . and furnished with goods by a house in . the city, which hiiiise at c t not import, but bought from anoth i er,house .ip, the c 1 9 ,, .so that the bank rupt was giving, a siOnd.prolitfOrgte goo& with which he was , .There supplied. appeared upon his books the names of,some of the first families in this country, who were fcaila enough tc belies that the name of:a company was evidence of the high respectability, of the concern. The bank rupt had got, into his difficulties by maintaining two families, one of which (that which had the . least claim upon him) he .supported in an extra vagant style. But the exposure of this delusion, . public as it was, had not the eifect.,Which was an ticipated. This verTeoneern was continued by a man who had been, a journeyman shoemaker, an oyster-shop 7 keeper, , and a publican ; who, without even knowing: ny, thing at all about the business, became sud4t4y , the ostensible con ductor of...alinen.warettotiae, and carries on the trade in sli4d.wae-tialtiis moment. It iz i howeier,' . helie4ll .til with come 'reason, that a retail drapes, who . inism -- e ncedinother'linen com pany, purchasedthis company, and that both are going on now under.. the same iuperiutendencc.. for the benefit of one and the same person, appa-. rently in the most furious opposition to each other. But such is the depraved taste of those who have been encouraging the system, there is every ground for supposing that if they could pro cure commodities both cheaper and better in the regular way, they would not be satisfied with the purchase, s o high is the gratification of being robbed by . a professed seller of -.bargains. like the romantic girl, who although the door was open, would insist upon the dangerous and ridi.. culous experiment of eloping out at the window, they reject the straight-forward and direct course of dealing, and adopt that which is attended with certain hazard.7limes. SLEEP. TALKERS. A friend of ours, extensively engaged as a brewer, baker, flour-dealer, iSec., visited Glasgow some time ago, and took up his abode at the Buck's Head Inn. While there helbTathered with a captain of the navy, and although their pursuits were very different, the two appeared to draw so well together, that the waiter, after stating that the house was very full of company, asked them if they would sleep in a double bedded room. To this they had no objection whatever, and the brewer, after discussing a Welsh rabbit, and a modicum of Glasgow punch to boot, rung for the chamber-maid, and retired to rest. The captain followed, but had- scarcely laid his head on the pillow, when his friend com menced talking thrOugh his sleep, about the state of the grain and hop market—good and had batches of bread, and brewsts of porter, ale: and beer, interlarded with many other topics. Again and again the Man-of-war's man begged for God's sake lie Would eith e r be quiet, or leave the room ; but 'twas all in vain ; the flour dealer's tongue rivalled in its ceaselessnees the eternal clacking of his own mills ; and he who had slept through many a storm, found it totally impossible to close his eyes, until the Glasgow clocks had chimed, and the watchmen repeated, the hour of four o'clock in the morning. B this time the brewer became pet f ec tly qu i et , an d the gallant captain, after muttering « I am glad of it—right glad that your cursed gabble has brought on locked jaw at last," sunk immecli ately into the arms of Morpheus. But the tra yellers, after all, were well match e d, for tha cep tam . is a great sleep-talker toc, and long before the hour of five arrived, he was heard roaring at the very top of his voice, as if Queen Mab had accommodated him with a speaking trumpet, for the special annoyance of the poor brewer, who awoke in a state of great t. e c idation. But on discovering that the noise proceeuett w reay from his friend's bed, he sunk quietly hack on his own couch. It was soon evident that the captain's fancy was actively engaged in preparing out !—why d on ' t his ship to rid e ou t a coming storm . " Pi pe t h e hands . up !--clew up the fore-sail---send the m en s a ails ;_lay loft—intoi )o-gallant out, t sails—close re e f t h e tep you lay out on the main top-sail yard there ! send down the top-gallant y ai-d s--sterb oert i, quarter-master, starboard ! steady !—what's all that noise in the mizen -top there ?—send these fellows down here, Master Jones, I'll teach them to spin yarns there l—where's the midshipman of the watch ? send him aft here to heave the log warrant she's going ten knots."_ These, and many other interjections follow e d each other with prodigious rapidity, and com pletely prevented our friend the brewer from eu= joying another moment's repose. For m ore than two hours he continued t um bli ng f rom side to side, - and muttering many complaints uin • s turn, and at last got up, shaved and dressed, was just about to leave the room, wh en the other awoke, and exclaimed jocosely, , c Good mor ning to you--I hope yo - 1 = hiv e had a better night's rest than me, v —." A good night's rest ! I tell you I got no rest at all, and I would like to know who could, that has the misfortune to he thrust into the same room with you." " I" - deed ! (said the captain), you are a pretty fel. low to tell me so. I sometimes, I believe, talk a little through my sleep, but time about is fair play ; and who, I would like to know, began the disturbance ?"—,, B e gan the disturbance ! You to be sur e b egan it, and kept it up too." " The devil' s i n th e man," rejoined the sailor ; " are you ignorant of your own noisy propensi ties ? From twelve to four o'clock your tongue never lay a moment, and the most rhapsodical nonsense I ever listened to, flowed as copiously out of your mouth as the water flows into your mill-dam. But the thing's over now, and w e need not bother ourselveS about what can't be helped." The sleep talker afterwards break, fasted together, and became better friends than ever; and at parting, the captain emphatically said--" I shall he very glad to meet with VOTI again, and I will even lie, if we cannot eep, should tha in the same room with you ; but, • t ever happen, I shall certainly take .care to get fast to bed !"—Dumfries Courie;% AL.----The Theatrical C2lll e vening, with O'Krzys'e animated "Comedy of Wild Oatt , , saad the Farce of The S.eoiled Child, _Dublin Morning Post: paiguTonpFentiToßnESAßtu°t:a'y WOODVILLE SEGARS. ‘ , 3?1 , ..) • \ ING appointed J. D NIEMANN aPPinte D. England, f „he SAtef London, my sole AGENT in tlou! S EGARS of my Manufactory, beg to assure who m ay b ecome p urc h asers at his Warehouse, or 4, 1441 1 be my constant endeavour to supply none but t`Ooa end try best quality ; and trust that these Segars will t heyl l - ,'„°Y in England the same high reputation for which Tv o - 4 1 e° long been distinguished in every other.part of kr, N I ", sell 1 - ,° tith e , "'„ 4 ' , MANN has entered into'an engagement to ti 0 .,,• -- 7 411 1 the WOODVILLE SEGARS; supplied to . ti t° IT 1: frorn my Manufactory', which will be a guarant h ee ° fsvor him with their. o; - ders, that they obtains. e gen - - LiQe. e 41411 na11, Oct. 13, 1826. (Signed) AIARINA WOODVILLE. stat e :' 4l equence of th e a b ove appointment, I beg leave to 11,1, 04 14 4 I have opened a Warehouse, at No, 221, slo e s t itreet, the corner of M a dd ox - street, for the,rf.clu• Na hn kl.t of the WOODVILLE , SEGARS,.for., rend)? urd %ta m " addressed to No. 33, Winchester,street, where 'akav be seen, will be duly.atiended to. 4 . ,,t: A liberal Diacount allowed to the Trade. s'rest Winchester -street, Broad- •._ street City. D. . NIEMANN. I -_