The Sun. — London, England, 1830-04-09 00:00:00

C --e .÷---r•_.__'----;f:_.r c - :e,l • •z, .......(___ ~,, - ,fr-__,. / -•e-‘ #/-- --2- --. , .:, .----,......, , , //7,044,, • r y.,14 , :, . . '4s' 1 110 0.W 14 N 016_ sffi r __-• k 0.. w * l / 4 _7-4,74 ~,:-.-'4.v.• , - -, - - ux-.4.- ‘. 41 , ---,.." • & ft, ......• Orb' t. F,p - - l , , :. '—g` "" '.' ,,,,,, :',, 4 , z 1. r -,.., . - --•z , 4 F.- 2 .1 nn t, ...._ „,,...... .„,. ,j 4 .. ~ f',#-, .-f-/, • , ,' / . , - " t --- '' '- '- ' V - il l * 1. i' il.6 t 110: y, I - 4 ' l ' ' . . :0 . 610 111 ''' . I i ' 4 ,1 1 ) .A . l.oi\ t 4,--- • -----° / T.;rata' tit' // C TAX le • L. ; TO THE PROPRIETORS OF EAST INDIA STOCK. LADIES AND GENTLEMEN, THE ELECTION of SIX DIRECTORS of the EAST INDIA COMPANY being appointed for WEDNESDAY, the 14th April next, the favour of your Vote and Interest is requested for the following Gentlemen, viz.:._ ive been , are, from mutation, eable ar- JOHN BAILLIE, Esq. JAMES RIVETT CARNAC, Esq. JAMES LAW LUSHINGTON, Esq. JOHN PETTY MUSPRATT, Esq. WILLIAM WIGRAM, Esq. Which will much oblige, Ladies and Gentlemen, Your most humble servants, Charles Mills,. John Loch, John Morris, William Attell, Charles E. Prescott, J. Du Pre Alexander, George Raikes, Henry Alexander, John G. Ravenshaw, Robert Campbell, George Smith, William S. Clarke, James Stuart, Neil B. Edmonstone, John Thornhill, Robert C. Fergusson, Sweny Toone, Hugh Lindsay, H. St. George Tacker, John Masterman, William Young. East-India House, March SI, ISSO. the con inally re. s we can is favour- hanger, it in better, ge. The Inder the 1 in some No. 11,723. LONDON, FRIDAY EV NING, APRIL 9, 1830. PRICE 7D. EAST INDIES. PANORAMA OF CALCUTTA. CALEDONIAN FANCY BALL. inadequate to compensate a plaintiff for relinquish ing the possession of them. The usual course of proceeding in an action of trover where a plaintiff is desirous of recovering his goods in specie, is for the plaintiff to propose to take nominal damages, or the defendant's consenting to an order of the Court for delivery of the goods in the event of a verdict being given against him. If this be not agreed to by tne defendant, he must incur the risk of being subjected to such damages as a Jury would be dis posed, under the advice of the Judge, to find, in consequence of a wilful retention of the plaintiff's:pro perty. This will generally produce the effect intended. But it appears to us to be more agreeable to a correct administration of justice that the plaintiff should be entitled to compel the specific restitution of his pro perty on relinquishing his right to the value, if he make his election so to do before the damages have been assessed. We think it expedient, therefore, to recommend that, in actions either for detention or conversion of goods, if the plaintiff shall at the trial, and before verdict, declare his intention to pro teed for restitution of the goods, and shall prove them to be in the defendant's power, it shall he law ful for the Judge, in case a verdict be found for the plaintiff, to make order that such goods be restored to the plaintiff; that disobedience to such order shall be punishable by attachment ; and that the damages assessed by the Jury shall also stand as a security for performance of the order. If the damages laid in the declaration should appear to he inadequate to afford sufficient security, the Judge should be empowered, even during the trial, on the application of the plaintiff before verdict, to amend the declaration by enlarging the amount of damages. COURTS OF COMMON LAW INVESTED WITH NOW OPEN, at the PANORAMA, LEICESTER-SQUARE, a Superb VIEW of CALCUTTA, embracing nearly the whole of the Public Buildings, the RIVER HOOGHLY, covered with Vessels and Boats, and every object of interest. The View (taken from the ESPLANADE, during the Celebration of a HINDOO FESTIVAL) is enlivened by several Thousand Figures, illustrating the singular Man ners, Customs, Dress, &c. of the Natives. " There was a sound of revelry by night, And Scotia's capital had gathered then Her beauty and her chivalry ; and bright The lamps shone o'er fair women and brave then. A thousand hearts beat happily; and when Music arose with its voluptuous swell, Soft eyes looked love to eyes which spoke again, And all went merry as a marriage bell !"—livßox. The Caledonian Fancy Ball tookplace in the Assembly Rooms on Wednesday night ; and, from the interest which the prospect of so splendid an entertainment had previously excited in the higher circles, an immense as semblage of beauty and fashion was brought together. The ball room presented a scene of great novelty, interest, and animation—the costumes were numerous, and the characters assumed generally well supported. Characteristic dresses were much more numerous among the gentlemen than the ladies. With the latter, the simple habiliments of the Swiss paysanne seemed most in favour. Among the gentlemen were Celts in abundance, Greeks, yeomen, archers, and sailors. TO THE PROPRIETORS OF EAST INDIA STOCK. The View of SYDNEY is open. Views of CONSTANTINOPLE and PARIS are ex hibited at the PANORAMA, STRAND. LADIES AND GENTLEMEN, HAYING the honour of being recommended to you by the Directors of the East - India Com pany, as Candidates for the Direction, to be chosen this Year, we take the liberty of requesting the favour of your Veto on the day of Election, WEDNESDAY, the 14th April next. We are, Ladies and Gent:ernen, Your most obedient and most humble servants, JOHN BAILLIE, JAMES RIVETT CARNAC, JAMES LAW LUSHINGTON, JOHN PETTY MUSPRATT, 'WILLIAM WIGRAM, East India House, March 31, 1530. .; while re gene and al.. ould at tax. If ience of i lieu of tion of a TO THE PROPRIETORS OF EAST INDIA STOCK. LADIES AND GENTLEMEN, E great e ncouragement I h ave rece i ved i n T HE course of my canvas, far exceeding what I bad anticipated, whilst it calls for my grateful acknowle4- runt, confirms me in my determination to proceed to the Ballot, which will take place at the India House on Wed nesday, the 14th inst., between the hours of Nine in the morning and Six in the afternoon, when I earnestly re quest the favour of your attendance and support. Should I be prevented, by the shortness of the inter mediate time, from personally waiting upon every indivi dual Proprietor previous to the day appointed for the GENERAL ELECTION, I hope that the omission will 's slot be imputed to any want of respect and attention, or to any insensibility on my:part of the distinguished honour Irts" which I solicit. I beg to repeat my a.ssurance, in going to the ballot, as I shall do, with a grateful feeling for the favourable reception with which 1 have already been honoured, that I will, if successful, discharge with fidelity, and to the ut most of my abilities and judgment, tho various important duties confided to inc. I have the honour to be, Ladies and Gentlemen, Your faithful servant, THOMAS BARING. Bishop sga t e - street, April 7, IS3O, Mr. Baring's Committee meet daily at the City of Lon don Tavern. COALITION.-ANNUAL ELECTION. TO THE PROPRIETORS OF EAST INDIA STOCK. LADIES AND GENTLEUEN, I AGAIN embrace the opportunity to tender my sincere gratitude to those valued Friends who honoured me yesterday with their support, against a COALITION unprecedented in the annals of your affairs, which goes to undermine the foundations upon which your immunities and privileges are found to rest, which dictates to you the right of nominating your future Di rectors in rotation, and threatens to render even the for mality of an election no longer necessary. Although the result of the Ballot has failed to place me immediately in the situation to which I aspire, it is nevertheless flatter ing to rue. Under this strong proof of your good opinion and confidence, and numerous assurances of increased strength, I beg to inform you that it is my fixed deter mination to appeal to your suffrages at the ANNUAL ELECTION on the 14th instant; and I respectfully en treat your protection and patronage, and a renewal of those votes alai interests for which I am at a loss to ex press my obligatis LEwe the honour to lie, Ladies and Gentlemen, Your obliged and faithful servant, CHARLES MACKINNON. 10, York-place, Portman-square, April 7, 1830. Mr. Mackinnon.' Committee sit daily at the King's Head, Poultry. TO the HOLDERS of BILLS of 1001. granted by the Commissioners for putting in execu tion the several Acts of Parliament for Paving, &c. West minster, under the authority of an Act passed in the 6th George 111. intiteled "An Act for putting the Road from Clatges-street to Hyde Park-corner, and from the south end of Park-lane to the north side of Hertford-street, in the parish of St. George, Hanover-squre, in the county of Middlesex, now under the direction of the Acts for repair ing the Roads in the parishes of Kensington, Chelsea, Ful ham, and St. George, Hanover-square, in the county of Middlesex, under the management of the Commissioners for Paving, Cleansing, and Lighting the Squares, Streets Lanes, and other Places in Westminster." The Commissioners of the Metropolis Turnpike Roads north of the Thames having required to pay off all the above described Bills, Notice is hereby given, that all Bills granted by virtue of the before-mentioned Act will be paid, together with all interest thereon, on application to the Accountant of the said Commissioners, at their Office, 22, Whitehall-place, Westminster, on any day prior to the 114th day of June next, from which date no further inte rest will be paid. By order of the Committee for Paving, Scc. St. George', Hanover-square, ROBERT LEES, Clerk to the Committee m, Mount-street, March 25, 1830. CARTEIt and Co., CARPET MANU LIST of PACTURERS, respectfully submit the following PRICES for their NEW SPLENDID DRAW ING_IROOM PATTERNS (with Hearth Rugs to cor- Brussels Carb4etts espond) :--. Ditto, new P , good useful Patterns...3s. 24.1. and 3s. 4d. per yard Y" Drags' , t , r a i n i s a ( t i e h n elu i a , !i a t t y ec s i o i ld y 3 7 and 3 9 ditto Ye' the " best" Their five-frame triple-ground Brun 1 sels Carpets, the Patterns entirely new and el egan t, f or t h e Drawing- A 4 and 4 6 ditto room, &e., th e qua lit y o f which cannot be excelled at any price The Patent Damask, Kidderminster, Venetian, and Stair Carpeting, and Hearth Rugs, in the greatest variety. LONDON WAREHOUSE, 2, CHEAPSIDE, NEXII ST. PAUL'S. In addition to their own manufactured Goods, they are large holders of the following Article 3, which they are en abled to offer 35 per cent. under the Trade Prices : Floor Clothe, well-seasoned, to any ditneusions. Dr uggets, of all colours. Morino Damasks and Moreens, for Curtains. Fringes, Trimmings, and Bell-pulls, of every description. Patterns forwarded to any part of the Kingdom. N.B. About 70 Pieces of Brussels Carpets, of the beet quality to be sold decided JOBS for CASH, and will be found to deserve the particular attention of the Trade. PALAIERS' IMPERIAL NEUROTIC BALSAM, OR NERVOUS AND STOMACHIC RESTORATIVE. THE very great success which has attended the ad m i n i strat i on of the a b ove med i c i ne i n cases of low nervous debility, and the surprising effects which Lave been Produced in speedily restoring tone to debilitated n twn " l4 , and, b y so do i ng, strengt h en i ng t h e di gest i ve "rgans, treating an appetite, and invigorating the whole system, have induced the proprietor most strongly to re commend it to the notice of the public, and to assure them, that, as an antidote against sickness, fainting, and hysteri cal affee ti°n B , and as a Nervous and Stomachic Restorative, it stands unrivalled, and is a speedy cure for the Ague. The most satisfactory and respectable references might be brought forward in its favour; but, as this method is fre `l„nb.tlY adopted merely to deceive, and as a single bottle of ii e ' 364 111 will almost invariably afford the greatest relief, mendi n reenoltivrholly remove the complaint, the proprietor prefers merit..trial, and leaving g a repar.A r/ by Edward Palmer, 249, near London rldge and lI in bottles , at 41. 611., 1 Is., and 20s. each. " 'Poole street, ones sold also the latter containing as much as six small 150, Oxford- e t re „ by C. Butler, 4, Cheapside ; J. Sanger, ford, 104, S trand ; R. J o h nston, 68, Cornbill ; J. Gif ; D yrie . , 43, Wood-street; C. W. Walthew, 8, City -road ; Fleeting , 8, Holborn ; and by umt regsgctable demists i u t -Awls sad country. nnumer least of taxable ni as it is found tisitorial bits and ust that propor :e attaia ival tax ich can would !ctions ; assess- Iss Uri- Sorts of tire pe' ider the t would of the general le moat :o accu- nrasion, frith the ore set. for the first to by the in Eng for the lay add tock 30 671. of I could would le does t nnum ; Is ; and punted, ese du- 3Untillg )dities ; .lief af ma evil y shift )e, and r sew pay tile ham be heavy rue Ile' urpoie, —of its frl 1 t -•'" ,wered, he hol to put )n, we , which he tax :rouble, : which ) strati• :ing in in this on; for Dm rn u which re have private a pro' f Liss' tlaugh n unen iiderubli' 'he pre nigh lie to-Iv/if:9 . . . . . . . . • • • . ._ . - . - - • - - - G. Go' e r. tare, C. second Lurie' herford , auglite ess, the Janie ) y Bits' u of rr, MosleYr a 11 1014 F Derby ingley, aka, of 'o~pitsl, Jame Wood, R. Hs' ado Po, mid boo d, near !!----____- - --e iG, ♦1 SEPARATION OF LORD AND LADY BYRON. THE COURT JOURNAL of SATURDAY, April 3, contains an article on this all-engrossing subject, written in a strain and spirit altoge ther different from any thing which has hitherto appeared, and calculated to compel the dissipation of that darkness which (for what reason it is impossible for the public even to guess) has been studiously thrown around the causes which led to the event referred to. If the friends and ad visers of Lady Byron can resist the call for unqualified dis closure which is here made upon them, their nerves must be stronger than either their judgments, or their sense of justice.—Morning Chronicle. N.B.—The Numbers of the Court Journal, that were out of Print having been again reprinted, complete Sets of the First Quarterly Part, for 1530, may be obtained on early application. The last Number of the Quarter, for Saturday, March 27, contains the Articles on English Equipages and Noble Celibataires, which have excited so much attention. This New Weekly Journal of Fashion, the Companion not only of the Drawing-room and Boudoir, but of the Breakfast Table and the Study, is regularly published every Saturday, on a Stamped Sheet, and Sub scribers may therefore receive and transmit it to their Friends, Postage-free, throughout all parts of the Kingdom. Printed for the Proprietor, Mr. Colburn, of New Bur lington-street, and sold by W. Thomas, at the Office, Ni). 19, Catherine -street, Strand, and by every Publisher aid Newsvender throughout the Kingdom. THE MARKETS. SOUTHALL MARKET.-April 7. In this day's market, which exhibited about an average time of year supply, and was thinly attended by buyers, each kind of meat met with a very sluggish sale, at the following prices per stone of Sib. to sink the offal.. Beef V 3s. Od. to 4s. Od Veal ss. 2d. to 6s. 2d. Mutton 3 AI 4 6 Pork 3 6 4 6 Lamb to Od, to 7s. 4d. The foregoing quotations are, Beef, Mutton, and Veal, 2d., Lamb 4d. to tkl. per stone higher than on this day se'imight ; in prices of Pork no alteration.—Beasts, '223; Sheep and Lambs, 3,356; Calves, 51; Pigs, 126. But a small part of the supply left the market unsold. HAI LSHAM MARKET.—ApriI 7. Beef 3s. 4d. to 3s. IM. 4s. Sd. to ss. Od, Mutton.....--. 4 x 4 8 Pork 3 6 0 0 A limited supply, and a dull trade. ARUNDEL MARKET.—ApriI C. 3s. Od. to 3s. 10d. Veal—. 4s. Od. to 4s. &1. I Mutton 3 2 4 4 :3 0 3 8 Lamb fis. 6d. to 6s. 8d A good supply, and a sluggish trade. --- CHICHESTER 111 AR K ET.—April 7. Beef---- 2s. 8.1. to 3s. fid. Veal.w. 4s. 4d. to 4s. 10d. I Mutton —,. 3 2 4 4 Pork 3 0 3 6 Lam]) ss. 6,1. to 6s. 641. Couples (Ewes with their Lamb) 30s. to 445. each ; In other Store Stock little doing. Supply good, and trade dull. RUMFORD MARKET.—ApriI 7. s. d. to s. d. s. d. s. d. Beef 2lO 310 Veal Mutton 3 0 4 0 Pork ._3 0 4 4 _ . Lamb .ss. &I. to (b. Bd. Suckling Calves from 14s. to 365. ; Quarter old Pigsl2s.tn 16s. each. A limited supply, and a some% hat brisk trade, particularly with Lamb and Veal. COUNTRY CORN MARKETS DURING THE WEEK. Wheat. I Barley. Oats. Beans Per Quarter. s. to s. 8. 8. s. to s. 8. to s. Blandford 59 29 23 18 Brigg 63 70 28 35 18 23 35 SS Cambridge — ti 7 '2B 19 32 Chard 56 70 32 BS 24 30 41 48 Huntingdon—. 58 69 25 33 18 25 24 36 Long Sutton— 59 tiff IS 26 30 94 Louth 63 66 28 32 19 23 30 3 Lynn 5l '72 27 36 18 26 28 :34 Newark 67 73 28 39 19 28 30 45 Nottingham 62 71 29 39 21 29 30 44 Peterborough .—.—. 56 70 37 40 18 25 37 42 Plymouth 54 73 '25 36 21 20 33 43 Pontefract 60 32 21 40 Sleaforil . 5! 66 '26 34 18 23 27 35 Upping ham 60 71 29 57 IS 26 30 46 isbech 56 70 20 25 30 36 LEWES MARKET.—ApriI 6. White Wheat (per quarter) £3 S 0 to £3 13 0 Red ditto Barley Oats, New 1 3 0 1 4 0 Beans 1 10 0 2 2 0 Oil Cake, New l2 10 0 ner thousand. LIVERPOOL CORN EXCHANGE.—ApriI 6. This morning's market was thinly attended, and on the whole only a very moderate business was transacted. There was, however, no disposition to press sales, and a few pur chases of Wheat were again made on speculation ; in the quotations for the finer i gualities we can make little altera tion, but other descriptions were Id. to V. lower. Last Tuesday's currency was obtained for prime parcels of Oats, but any thing short of this description was rather cheaper. Flour barely maintained previous prices, and Oatmeal was offering at an abatement of 6d . to Is. per load. _ _ Wimei, English, White, per l'Olb. Red -- Scotch, Welch, and Maux Irish, White 9 9 10 0 Red Foreign lO 6 11 3 OATS, English, Welsh, and Scot ..-, ch, per 451 b 3 8 310 Irish Foreign BARLEY, English, Malting, per Imp, quarter 36 0 38 0 ---- Scotch and Irish, per 601bs. .... ..... ---- Feeding 4 2 4 4 BEANS, English, per Imperial quarter ... 3B 0 44 0 --- Irish, &c. -- Foreign PEASE, English, per Imperial quarter 46 0 48 0 Foreign --" . FLOUR, English, per 2801 b. ----- Irish 5l 0 53 0 OATMEAL, English and Irish, per 2401b5. 2S 0 33 0 INDIAN CORN, per 44011 i. RYE, per Imperial quarter MALT, per Imperial quarter IMPORT or GRAIN for the Week ending April 5. Wheat. Oats. I 1 Barley flour. Oatmeal Qrs. Qrs. Qrs. Foreign, Bris 'lrish, &c. licks. Loads. 12,365 17,429 1,276 684 2,583 2,583 LEEDS CORN MARKET.—ApriI We have had a fair supply of Wheat and Barley up to this day's market, but that of other kinds of Grain has been smaller than last week. Fine Wheat has folly sup ported the price of last week, in other descriptions no alteration : best heavy Malting Barley has been without alteration, but the light and stained samples may be noted Is. to 2s. per quarter lower. In Oats, Shelling, Beans, and Pease, no alteration in price : the same may be said of Malt and Rapeseed. Wheat, Norfolk and Sufiblk, fiolb. York. and Lincoln. 601 h. Barley, Norfolk and Suffolk Yorkshire and Lincolnshire Grinding Beans Oats, )'otatoe —Mealing, Foreign 114 d. to 125—English 1 Id. to 135. peryt. Shelling 3 , 25. to 555. per load. Rapeseed, English, 27/. to 29/ Foreign, —/. to —/. per last. We understand that it is intended to run a coach from Stimfurd to Bourn, Falkingham, Sleaford, Lincoln, and to the norther❑ extremity of the county. Such conveyance will be a great accommodation to the district through which it will travel. It is not at pre sent intended to run a coach from Stamford to Bury St. Edmund's, through Peterborough, Whittlesea, Chatteris, Soham, &c., as has been reported.— Stamford News. CURIOUS OCCURRENCE.—The Derry mail arrived in Ballymena on Sunday morning in safety, and at the usual hour, but without either guard or driver ! One of the wheelers had fallen near Dunley, and while the guard and driver were in the act of releasing him from the coach and adjusting the harness, the remaining three sud denly taking fright, galloped off at such a rate as baffled the utmost exertions of the astonished coachman to over take them. It is an astonishing fact, that in this furious manner they travelled upwards of six miles, in the dark, and on very dangerous road, without their meeting with the slightest accident. There were no outside passengers, and only two inside,—these fast asleep, and wholly un unconscious of their danger, enjoyed their nap in profound peace, aid fancied security, and were awoke only by the stopping of the coach at 13allyinena..... Cork Constitution. The characters which excited greatest attention, were Billy Lack-a-day, and an old maid—both of which were admirably sustained, the former by the Hon. Major San dilands, and the latter by the Lbw. J. Sandilands. The Hon. Miss Arbuthnot wore a spledid eastern costume. Mr. and Mrs. Hay, of Hopes, worn Chinese dresses, which were greatly admired. Every part of Mrs. Hay's dress, ornaments included, was, we believe, of real Chinese manu facture. Lieutenant M'lntyre wore a veritable Persian costume, brought by himself from the east. These, we believe, were the only genuine orientals present at the ball. Mr. Stole, who appeared in different dresses during the evening, excited a considerable sensation as Napoleon le Grand. The dress he wore was exactly similar to that represented in the prints of the late Emperor, and there was besides some personal resemblance. Captain Anstru ther, in a Court dress of the reign of George the First, and Miss Anstruther, as the Miss Byron of Sir Charles Grandison, were excellent; as were the Misses Hutton, in the costume of the Court of Queen Anne. The Ladies Patronesses were—The Countess of Wemyss, the Countess of Glasgow, Lady Elizabeth Hope Vere, Lady Keith of Ravelstone, Lady Walker Drummond, Mrs. General Anstruther, Mrs. Dundas of Arniston, and Mrs. Allen of Glen. The Stewards were—The Lord Provost, the Earl of Caithness, the Earl of Glasgow, Lord Cardross, Lord Elcho, Hon. Mr. Murray, Hon. Mr. Dunbar, Glengary, Abercairney, Mr. Campbell of Jura, and Mr. Grieves, Royal Horse Guards. The company began to arrive about ten o'clock, and were received by the stewards in the lobby, where the fine band of the 12th Lancers was stationed. Dancing com menced about eleven, with country dances—one set being led off by the Hon. Mr. Murray and Miss Erskine of Aherdona—the other by Glengary and Miss Hunter of Anston Hall. Quadrilles succeeded the country dances, and these were followed by gallopades, waltzes, and reels, with hardly breathing time for Spindler and his excellent orchestra, till six o'clock chimed Thursday morning. The following are some of the principal fancy costumes: The Right Hon. the Lord Provost, in a court dress. The Earl of Buchan, the uniform of the Mid-Lothian Hunt, Lord Cardross, as a yeoman, Lady Murray Triepland, of Fingask, a fancy dress; the Misses Witham, all three in elegant British lace dresses, over pink satin slips—tile whole dress composed of British or Scotch manufacture; Mr. Bower, an Italian brigand. This gentleman wore a very correct costume, made in Italy. Mr. Johnston, Kin cardine, as a courtier of the reign of Charles 11., &c. &c. Mr. Spindler conducted the orchestra in a manner that secured universal approbation.— Scotsman. COMMON LAW COURTS. [The following are extracts from the Second Re port made to his Majesty by the Commissioners ap pointed to inquire into the Practice and Proceedings of the Superior Courts of Common Law :]-- In that part of our first Report which relates to the commencement of actions, we did not include the consideration of actions real, ejectment, or reple vin, not having then formed a decided opinion as to the propriety of abolishing real actions, nor fully con sidered what alterations we should propose with re spect to ejectment, nor having ascertained the prac ticability of applying the new form of process to re plevin. To these subjects, therefore, we shall first advert. We shall then suggest the abolition of some forms of personal actions, and the improvement of others. We shall next recommend a form of action unen cumbered by the fictions of ejectment, but in other respects framed on the same model, for the trial of title to all corporeal hereditaments and impropriate tithes. We shall then submit the expediency of investing Courts of Common Law with several new powers of a summary or equitable character, calculated to economise both time and expence, and prevent un necessary resort to the aid of Courts of Equity. These powers relate to the verification of written documents before trial—the examination of parties upon interrogatories by way of discovery —the examination of witnesses upon interrogAtories—ie terpleader—and, lastly, reference to arbitration, by direction of the Court, in matters of mutual account. In pursuance of the intimations contained in the early part of our first Report, we shall endeavour to show the expediency of allowing pleadings to pro ceed, and final judgment to be signed, in vacation or in Term, without distinction. We shall next suggest some regulations by which the forms and language of pleading may be abridged and simplified. We shall also propose a method by which we think that the use of several counts and pleas, founded on the same cause of action or defence, may be prevented, while provision is made on the other hand against the danger of variance. We shall recommend that the use of the general issue in certain actions be discontinued, and its place supplied by special pleas ; and shall explain the prin ciples upon which we think this important change essential to the satisfactory administration of justice. And we shall conclude this Report with recom mending an extension of the right of tendering money before action brought, and also that of paying money into Court, to cases in which they are not at present allowed ; and a method which we have de vised for saving, upon the trial of the issue, the ex pence of proving the amount of die damages. Upon mature reflection, we are fully satisfied that all real actions, with the exception of quare impedd dower, may be discontinued without prejudice to any description of suitors; and that great advantage will accrue from thus abrogating a technical and complex system, which, in consequence of the general disuse of real actions, is now very imperfectly known. Experience has shown that the proceeding by ejectment, though possession only is thereby reco vered, and no right conclusively established, is nevertheless considered a more eligible course for:re covering corporeal hereditaments and impropriate tithes than any of the forms of real action ; for these actions are never adopted so long as the right to maintain an ejectment remains open, &c. " An ejectment," says Lord Mansfield, " is an ingenious fiction for the trial of titles to the posses sion of land. In form, it is a trick between two to dispossess a third by a sham suit and judgment. The artifice would be ethnical unless the Court converted it into a fair trial with the proper party." We propose to recommend a form of action for the recovery of all corporeal hereditaments and impro priate tithes, more convenient and less artificial than the present action of ejectment ; the nature of which new form of action we shall presently explain. •••• - • - • It appears to us, however, to be very desirable that both the action of detinue and that of trover should be rendered more effective in compelling specific restitution where the property remains in the defendant's power; the value of particular chat tels, estimated in money, being in many cases very :NEW POWERS. In our former Report we adverted to the enor mous expence and inconvenience which are occa sioned by requiring the personal attendance of wit nesses at the trial, for the proof of facts which there is no real ground to dispute; and stated our expec tation that the body:of parol testimony might be ma terially diminished by confining the questions on the record to precise issues, and by the adoption of proceedings for establishing the proof of certain matters previously to trial. To both these means of effecting an object so important we have addressed our earnest attention. Our views respecting the former will be explained in their proper place in the course of the present report. We shall only observe here, that it is not in its nature applicable to actions for the recovery of land, since no precise issues can be joined where no special allegations of title are introduced. It is con sequently the more necessary that every party to a suit of this description should be provided, at the least expense, with all such aids for establishing his case as can be afforded to him consistently with justice to his adversary. We have to submit to your Majesty several pro ceedings of a summary or equitable nature, which if introduced into the practice of the Courts of West minster Hall, would tend, as it appears to us, ma terially to diminish both the expellee and vexation to which the suitors of those Courts are now ex- posed. These proceedings, if adopted, will be available in all forms of action ; and one of them, at least, may be expected to afford advantages peculiarly applicable to pleas of land. No expence is more uselessly incurred, nor is any attendance more vexatiously required, than those which in the great majority of cases are occasioned by the mode of proving written documents. Where nothing is admitted by the form of pleading, every matter in writing, whatever be its nature, must be proved by the oral testimony of some witness, who must be an attesting witness if there happen to be one, unless the document be 30 years old, or his presence be dispensed with upon grounds to be proved by some other witness or witnesses, The distance of the place of trial from the residence of the persons whose testimony is required is often found greatly to augment their personal inconveni ence and his costs of parties, both which are also frequently enhanced to an intolerable degree by a protracted attendance for several days until the time for trial of the cause arrives. Though every docu ment may be known to both parties, and free from all suspicion, yet the personal attendance of every witness necessary to the establishment by strict proof of each of them is indispensable, lest advan tage should be taken of his absence to defeat the cause. [A plan for the verification of documents is then proposed.] It would be very desirable that the principle of the measure should be extended in pleas of land, and other actions in which general pleadings are allowed, to all such distinct facts as might, if spe cial pleading were employed, be made the subjects of special allegation. We have bestowed much time in endeavouring to frame regulations applicable to facts of this description ; and little difficulty would be experienced in doing this, if the facts to be proposed for admission were always such as lie within the knowledge of the party to whom the pro posal is made, &c. [A plan is then proposed for the examination of parties o❑ interrogatories, by way of discovery.] Discovery obtained by answer in Equity may serve the purpose of enabling a party to ascertain the existence of facts which he should endeavour to prove, or which it may be necessary for him to re but; but as the party answering is able to give his own colouring to every admission, by dextrously in traducing into his answer matter of explanation or qualification, and as the rule of law is peremptory that if any part be read against him at the trial he may insist that the whole be read, the matter con tained in the answer can very seldom be offered in evidence with any benefit to his adversary, &c. It is, therefore, proposed, that any plaintiff after declaration, and any defendant after plea, shall be al lowed to deliver interrogatories for the discovery of facts and documents material to the support and de fence of the suit, to be answered on oath by the adverse party, if resident with the jurisdiction of the Court. That to all such interrogatories shall be annexed an affidavit of the interrogating party himself, and his attorney or agent, stating that the deponents are advised and believe that the party interrogating will derive material benefit in the !action from the dis covery which he seeks, that, if plaintiff, he has a good cause of action, or, if defendant, a good defence upon the merits; and if the application be made on the part of the defendant, stating positively that the discovery is not sought for the purpose of delay; provided, that if the party himself should be pre vented by unavoidable circumstances from making such affidavit, it may be made by his attorney or agent alone % who shall therein state the eireum stances by which the party is prevented from join ing; and if t h ey s h a l l appear to a J u d ge to b e satis factory, h e may allow such affidavit to be annexed to the interrogatories, in lieu of the joint affidavit. It is proposed that the interrogating party shall have the option of requiring either an answer in writing, or on personal examination before an officer of the Court, or other person to be appointed for that purpose by order of a Judge. • • • • • • • With respect to reference to arbitration by direc tion of the Court, in matters of mutual account, the Commissioners say much expellee is incurred by parties, and much of the public time fruitlessly occupied in the attempt to try matters of account in the Courts of Law. The method of trial by Jury, however well adapted to the determination of questions of fact in general, is peculiarly ill suited to the minute and patient investigation Necessary to ascertain the balance of an account involving various items on both sides. Amongst our ancient forms of action is one provided for the express purpose of enabling the Courts of Law to authorise the ex amination of such matters' by auditors appointed under their authority ; but the mode oi! proceeding in an action of account has been found so inconve nient in practice, that this remedy has quite fallen into disuse ; and the Courts of Equity, in consequence of the inadequacy of relief afforded by the Courts of Law, have long exercised a jurisdiction over matters of mutual account ; and that even in cases where the items constituting the account are founded on obligations purely legal. On such legal obligations, however, actions (though not in the form of account) are still daily prosecuted in the Courts of Law, and legal rights of set-off are therein brought forward. But these Courts possess no authority to stop the ordinary progress of such suits for the purpose of subjecting the matters its dispute to the investigation of a more convenient tri bunal. Unless the parties voluntarily adopt an ar rangement for that purpose, the cause proceeds to trial with a certainty, in many instances, that it will not be tried. A reference is proposed by the Judge, and recommended by the Counsel; but the patties, having made expensive preparations for trial, are unwilling to forego the right of obtaining an imme diate decision; and as the Judge has no power to enforce compliance with his proposal, the cause is suffered to go on till it becomes at length manifest that no satisfactory verdict can be given by the Jury, and a consent to submit to arbitration is rather extorted than given. In such a case the interest of both parties would be much better consulted if the Judge were invested with express authority to pre scribe, in the first instance, a measure to which as sent cannot ultimately be refused. * * * It is, therefore, proposed that power should be vested in the Courts of Law and the several Judges, upon the application of either party for that purpose, at any time after issue joined and before trial, to di rect mere matters of account to be referred to arbi tra;ion, if it appears upon affidavit to the satisfaction of such Cot ri or Judge that the matters rJposed to be referred are of this description, and no sufficient cause be shown to the contrary; authority being at the same time given to the Court or Judge to order the statement of a case for the opinion of the Court, or the trial of any issues, if the nature of any parti cular items should make it expedient so to do. It appears to us, however, that in any case in which a reference to arbitration shall be directed by any rule of Court or order of a Judge, without the consent of both parties, the award of the arbitrator should be subject to the revision of the Court in banco, not only on the ground of personal misconduct of the arbitrator, but on the ground of any mistake, in point of law, whether appearing on the face of the award or not, or of such gross error in point of fact as, in the case of a verdict upon a matter pro perly left to the decision of a Jury, would require the interference of the Court. * * THE GENERAL ISSUE. One of the most important questions which has presented itself in the course of our inquiries is, whether it is expedient to continue to any, and to what extent, the use of that kind of plea denominated the General Issue ? Under this plea, which is, in its shape, a summary form of denial of the allegations in the declaration, or some principal part of them, a defendant is at present allowed, in certain actions, to put the plaintiff to the proof of every thing alleged in the declaration, and, in some, not only to do this, but at the same time prove, in his own defence, al most any kind of matter in confession and avoid ance; that is, matter which, admitting the truth of the plaintiff's allegations, tend to repel or obviate their effect, &c. We propose then that non assumpsit shall be no plea in actions of indebitatus assumpsit, or in any case of assumpsit where the promise would be suffi ciently implied by law upon the facts stated in the declaration ; that in other cases it may be used, but no defence shall be admissible under it, except a de nial of the promise itself in point of fact; that in indebitatus assumpsit the form of denial shall be as " That the defendant denies the mat ters of fact whereby the said debt is supposed to ac crue, and of this he puts himself upon the country ;" and that under this plea no defence shall be admis sible, except a denial of the goods sold or money lent, &c., in point of fact; and that, in every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, shall be especially pleaded. In debt on specialty and covenant we propose that where non est facto nt is pleaded no defence shall be admissible under it, but the denial of the execution of such a deed in point of fact ; that as other defences shall be especially pleaded, including matters which make the deed absolutely void, as well as these which make it voidable; that cover ture therefore, or lunacy, or erasure by the obligee, shall be especially pleaded as well as infancy or duress. I❑ debt on simple contract we would recommend that nil debet should be no plea, but that the same form of denial should be used as already suggested for indebitatus assunipsit ; and that all defences in confession and avoidance should be specially pleaded according to the same principles as in the former actions. In actions of trespass on the case cx delicto, we propose that not guilty shall be no plea ; that all pleas in denial shall take issue specifically upon some particular matters of fact alleged in the de claration, and that all matters in confession and avoidance shall be specially pleaded; that in trover, if the defendant pleads in denial, he shall deny either that the goods were the property of the plaintiff, or that the defendant converted them, and may plead these pleas either singly or together; and that under such denial he shall contest the matter of fact only ; and that matter tending to justify the con version of the plaintiff's goods (as in the case of lien) shall be pleaded. In trespass we would leave the plea of not guilty upon its present footing, subject, perhaps, to some partial alteration, on the expediency of which we have not been able fully to decide, and the discus sion of which we beg leave to postpone till we ar rive at the consideration of the proceedings in par ticular actions. In replevin no alteration as to the effect of the plea of non cepit appears to be required, tin r have we any to suggest with respect to the plea of ne disturba pas, in genre impedd. * * By the law of England that reparation is in most cases made by a sum of money assessed by ii Jury, and even in tho s e c a s e s i n w hich the thing itself in disrepute is recovered, as in pare impedit, dwer, actions for recovery of lands, and, perhaps, denture, reparation for detention and damage is made by a sum of money. g done aff ects only . We thi n k, o . , T his reparation is all th a t th e in jured party can receive , a nd is in gener a l an ade quater his compensation, l e v a l l ier o e r t I;c e r ‘ s v o r i o ral n therefore, that wherever the wro ng done is of that description, a te nder or payment of money into Court co r en ert should be allowed. Cases, ind ee d , occur of wilful a nd malicious injuries to property, in which the de fendant is not entitled to any protection; but as it cannot be ascertained, in the commencement of a suit, whether the wrong complained of be wilful or to m determine, aliciou s'a point wdo wh n ic o h t thinki it s th e p r i v il ege o f ten d er an d payment o f mone y into C our t, to li m i t i t genera ll y to cases w h ere t h e I theit possible,pro i ee in o f extend ing a r conduct of the defendant is not wilful or malicifins. Some cases, h 0.% ever, which affect the person, cha racter, reputation, or domestic comfort of indivi duals, are of such a nature that the iidurie. corn. plained of are necessary wilful or malicious. In these the defendant, if guilty at all, is obviously guilty of a moral as well as a legal wrong, and insult is often added to injury. The actual damage sustained is not in such cases a fair measure of the compensa• Lion to which the plaintiff is entitled; neither is it just that the law should afford any protection to the defendant, or allow him the privilege of estimating that compensation himself at the risk of his adver sary. It is contrary to every principle of justice that a man should beat or imprison or libel another, or seduce his wife or daughter, and then be allowed to offer him 1004 or any other sum, with a threat that, if it be not accepted, he may try what a Jury will give at the peril of costs. Not to mention that such a privilege, if given to the wrong-doer in the cases specified, would tend to induce the iajuied party to take other means of satisfaction, rather than appeal to the proper tribunal for redress of his grievances. We do not propose, therefore, to ex tend the liberty of tender or payment of money into Court to actions for assault and battery, false im prisonment, libel, slander, malicious arrest or pro secution, or for criminal conversation or seduction. In these cases we think that the plaintiff is entitled to a public vindication of his character, and to re paration for the outrage done to his person or feel ings or domestic comforts, to be estimated by a Jury, at the inevitable coats of the defendant. If, indeed, the action be of a frivolous description, us many such actions are, the Jury will do justice be tween the parties by giving very small damages, and it is very fit that, if the damages given be uotabove a fixed sum, the plaintiff should have no costs. We shall have occasion to consider hereafter, when we come to the subject of costs, whether the sum of 40s , at present limited by the statute 22 and 23 Charles 11., ch. 2,in cases of trespass to land and as sault, be the proper sum,and whether the provisions of that Act or any similar provisions should be ex tended to any other actions. Actions of trespass to lands, and actions on the case, are frequently brought for an act done purposely to try some right, in which instances the pructice of payment of money into Court is not likely to be applied ; but we do not think it necessary to except such cases; for, if the defendant should find that he cannot support the right, there is no reason why lie should not abandon it and pay damages, nominal or real, into Court. Neither do we think it necessary to except actions of detinue, (rover, or trespass, for taking away goods, but rather to provide that a tender before action brought of the goods themselves, with a sum of money for damages, or of a turn of money only, if the goods were no longer in the de.. fendant's power, may be pleaded in bar; and that after action brought, the defendant tray pay money into Court, or apply to a Judge for liberty to restore the goods, under certain regulations, which will be found annexed. The latter is a course of practice already in some measure established. In cases of injuries to the person, arising from ne gligence, unskilfulness, or accident, not less than those of injuries to property, we consider the amount of reparation to be fair matter of dispute at the peril of costs on either side. It appears to us that the liberty of tetidefing money before action brought, and of paying money into Court afterwards, should be co-extensive. If the defendant be allowed to offer reparation in money at any time, he certainly ought to be at liberty to do so at the earliest period. Neither the plaintiff nor the defendant can derive any advantage from confin ing the liberty to a period when an action has already, been brought and expencee incurred. We also think that, whenever a defendant is by statute allowed to tender amends, he ought to be allowed, after action brought, to pay money into Court. +e • We beg further to assure your Majesty that we are proceeding with all diligence in the consideration of the other important subjects of inquiry embraced by your Majesty's commission. (Signed) J. B. BOSANQUET. HENRY JOHN STEPHEN. EDW. H. ALDERSON. JOHN PATTESON. Dated this 26th day of February, IBM MEXICAN BANDITTI. Morn the New Monthly Magazine.) After an animated description of a furious attack by banditti Mr. Dickson, speaking. of the loss of Lis companion, who had been killed in the encounter, thus proceeds :—" He was quite dead, and had fallen a little out of his former position from the mo tion of the carriage. I wined away my gaze in horror and sorrow to Juan R— ; he was breath ing heavily, the blood was issuing from seven or eight places of his body, his eyes were qaite shut. I remained gazing at him in a fixed stare, till soon his breathing became almost im perceptible ; he stared once slightly, mid then breathed no more. The bottom of the carriage was swimming in blood, and my hands and knees were amongst it. My wound was bleeding fast, and in order to staunch it I pressed in part of my dress, in doing so I made a slight movement of my person ; in that instant the females, who appeared to be unwounded, perceiving it, whispered me for God's sake to keep still and motionless. I re mained so for a moment, listening to their ejacula tions of 'Ave Maria! audi nos, pecador que soy yo,—Senora Guadalupe de nuestros pecados,' and running over their paternosters. Th e n, for the first time I thought of religion, and I tried to pray. The words of olden times passed from my lips hurriedly, but my heart was not with them, even as I strove to pray. I found myself beginning it over end over again, till I gave it up in despair—again I resumed—l tried to repeat the Lord's Prayer—the first few words issued from my lips—and then a sudden motion of the carriage sent a thrilling sensation of pain through my body. I stopped instantly in feelings of horror and desperation. Oh ! I cannot, will not, dare not die,' groaned Ito myself, impossible; I cannot die !' And then I thought of every mode of es cape which I could possibly have a chance of. I thought of all the banditti scenes that I had ever read, but none seemed like this, and I gave up my hope of escape in despair. I even recollected that Gil Bias had joined the banditti he met with, and that I might do so too with thee,. " But will they spare my life after killing so many of them ? No! but why should they know that you killed them ?' and, as I then thought, it occurred to me, that if I had not the pis tols I had fired they could not distinguish amongst us ; full of that idea I slowly raised my arm and grasped the pistols which were lying on th e cushion and thrust them one by one among the dead bodies. Again I thought of offering to enlist in their band, but then it occurred to me that being wounded [ could be of little service to them, and thev too might think so and kill me—but if t hey did consent to spare my life on condition of becoming a member of their band, I could retire with them to their haunts in the woods, and at some future time, con etsocatriee r f e ro so m lu t t h io e n "" of l ofl b e a r d in r g 'ea t r n l y y b ti r i o v u e g t i o i t m m a y ke mi m nd y services to enlist amongst t h em, w h en a pause i n the motion of the carriage took place, all the preced ing ideas passed hurriedly through my mind and half defined. The curtains of the carriage were drawn and a stern voice cried loudly, ' are they all dead ?' " We are concerned to state, that the Market Drayton Bank suspended its Liniments ou Monday last. We understand that the resources of the house are inure than sufficient to mret every demand, acid that the ereditors•will only duller by a tempt , rary delay.— Sulopiam Journal.