The Sun. — London, England, 1833-12-03 00:00:00

retut.ch O• , 1 4 .4 Bank Stc p a r Cent. /tee. ........... 87 3 4;4 sry.r Cent. Cons. ........ BB 8 per C itto Red 961 ,i ki 6 14 Tevi334 per Cent. 9 eer Cent. Ann. 1796 4 per Cent. 1826 I O2N 3 1 ,4 Bink Long Ann. to ~ rnre Jan. 5, ;sm... 1674 13-16 74 Oct. 10, 1859 1 6 34 Jan. 5, 1860 l7 2-16 Jan. 5, 1880.— ........ Aprils, 1880 Jan. 5, ....... PRICES Of FOREIGN FUNDS Austrian Bonds ............... 94% telgian Bond s 95 Ditto Account 9 5 hi Drazilian Bor:: i s ..... ....., 86% Ditto Account 67 6% 131 - rs ieno , "+yres Bonds - 20 ..'it . ... Account Ch ; :dan Bonds ... Ditto Account — Columbian Bonds Ditto Account — Ditto Bonds, 1824 2214 Ditto Account.," 21 Danish Bon 4... ............ 72 3g Ditto Account — creek Bonds — Ditto Bonds, 1825 Ditto Account --• Mexican Bonds, 5 per cent 52.914 Ditto Account Ditto, n per cent : l7 1 Ditto Account 37 NeanolitaH B9 I , DA Y AT ON r O'CLOuK. 'awls OF SHARES THIS DAT AT ONE co'ctocz. Paid. Per Share. Allen Mining Comigny £4 44 Ango, 'ilex. mio. ....u. }a ss. at 51. pm. l £lllO ' 9 Bolamvs 'Mining Company £lso 137;4 Brazilian Mining Company £s 1 3 ,4 Bra.7ilian Imo. Min. Co. (iss. at 5/. pm.) .C2O 6234 3 Ditto ?rational 2O 17 Ditto St, John D e l R e y . lO _Di .m Cocaes. .... ~:ca Branca Mining Company ...... glritish Iron Mining Company £so Columlik n Minim Co. 'iss at 5/. pm.) 513 English Mibing Company I2X, Ueneral Mining Association l2 Hibernian Mining Co. £lo ~ Mexican Mining Co. £4B 11 Real del Monte Mining Co....(unreg.) 5.354 United Mex. Min. Co. (iss. at 21. am.) 40 12 Ditto New Scrip 5 1456 Alliance Fire Insurance Comp lO 113¢ Protector I nsiirance Comp. Australian Co. Canada Company ................. General Steam Navigation Co. National Provincial Bank of England 5 4.74 7( 3 Rio Doce Provincial Bank of Ireland 25 40 4 1 4 2834 2V q 2831 HAILS. Arrived. Due. Arrived. Due. 110 America 0 0 Hamburg 2 0 Brazil 0 Buenos Ayres 0 0 Jamaica. I 0 Carthagen 2 0 0 Leeward Islands ... 0 /0 Dublin 0 , 0 Lisbon 1 E 0 Flanders 0 0 Malta .................0 I France 0 1 0 Sweden 0 Guernsey &Jersey.. 1 0 Waterford lIIGH WATER AT LONDON BRIDGE TO-MORROW. Morninv .. 23 minutes after 7.1 Evening... Z - 4 minutea after 7. MISS EDGEWORTH'S TALES AND NOVELS COMPLETE, WITH SUPERB EMBELLISHMENTS, IN 18 VOLS. '[HE TALES AND NOVELS of MARIA EDGEWORTH, Complete in IS Monthly Volumes, of ss. each, hand• comely bound in water-lined cloth and lettered. The Illustrations are drawn by W. Harvey, and engraved in the first style of excellence by C. Rolls, Goodyear, H. Robinson, Finden, Goodall, Bacon, Englebart, &c. t"„'" This elegant edition corresponds in size and illus tration with Lord Byron's Works, and the Waverley Novels ; and cannot fail to he a desirable acquisition to all libraries. As a present for youth it is unexceptionable; and for the drawing•reom table no set of books can be more appropriate. London : Baldwin and Cradock, and other proprietors. . T 4t: ti e sin LONDON, TUESDAY EVENING, DECEMBER 3, 1833. The German Papers received this day are devoid of any news of public importance. The Political Gazette of Munich mentions the return of King OTHO to Napoli, where he was received with general cordiality by the inhabitants. VIENNA. Nov. 22.--Six per Cent. Metalliques, 93 7-10; 4 per Cent. 83 ; Bank Stock I,2ol.—Allgemeine Zeitung, Nov. 27. some extracts from a comical dissertation on the present state of affairs in Europe, which the au thor, who is represented as a distinguished Prussian statesman, presented to the foreign ministers at the late conferences of the monarchs at Schewdt and Alunchengratz. This essay must have been received with favour by the dip lomatists, for it inveighs bitterly against the pess, and proposes that the sphere of action of the Journals should be limited " by an abso lute prohibition of all discussion on public affairs." It also speaks in the most reverential terms of every possible species of nobility, but by way ofa " sop to the Cerberus" of liberalism, insists that " nobility and merit ought to be inseparable." In another column we have given insertion to a letter on the subject of the Corn Laws, from a correspondent, who may, for aught we know, be a good farmer, but he is evidently profoundly ignorant of the subject on which he writes. As, however, he advances the position on which the agriculturists mainly rely, it may be worth while to notice it. flow, it is asked, can the agricul turists bear any reduction of their rents with such an enormous National Debt as we have ? They cannot, say the monopolists ; therefore foreign corn must he excluded. Now there are two things assumed in this argument which we can by no means grant. It is assumed that the owners of land pay all the interest of the National Debt, and it is assumed that were foreign corn admitted rents generally would fall. Now we have been endeavouring to demonstrate for some weeks past, and from certain symptoms of an approaching agitation upon the subject, we thought with success, that rents would rise by a free importation of food. We would beg our correspondent to take the trouble to read " England and America," or to consult any other work which will inform him respecting the rents obtained for land in com mercial states which do not exclude foreign corn. But supposing that rents did fall, what has that to do with the question of the right of the people to have bread as cheap as they can get it ? If rents have been high hitherto, in consequence of the corn laws, which we deny, it has been pro tanto a robbery of the poeple ; and the landowners, instead of complaining that that robbery is not suffered to continue, ought to be very thankful that they are not made to refund. With respect to the National Debt, it can only be paid by the prosperity of the manufacturing in terest. As mere agricultural country we could never pay it. No mere agricultural country ever could pay heavy taxes. H olland has in proportion to her population, a larger national debt than Eng land, and has only been able to stand under it because she has no restriction on the importa tion of food. Instead of complaining of the manufacturer leaving his factory when he i s upon the point of ruin, the landlord should i New 5 per Cent. — llndia Stock Ditto Bonds l7 19 pm. (South Sea Stock — Old Annuities... - !New Ditto .................» — :l per Cent. Ann. 1751 lEx. Bills, .EI,OV 37 39 prn. Ditto 50r 37 :30 pm. Ditto Small 37 41 40 pm. !Ditto Commercial Ditto Advertised — Pm. !Bank for Account - India for Account ..... Cons. for Account 68% N THIS DAY AT ONE 0 CLOCK. Peruvian Bonds !Portuguese Bonds 09% 1 Ditto Account 89% 1 Ditto New Bonds 5 7%! 4., 1 Ditto Account... 57V %%14 (Prussian Bonds lOl% 1 Ditto Bonds, 1822 lll3 'Russian Bonds, 1822... IC3 2% t Ditto Account lO2, IDitto 111 Spanish Bonds, 1821 ...234 4, I! Ditto Ace. 23f Ditto Bonds, 1823 ... 20% Ditto Account ,French Rentes, sp. c. —f —c. --- Exchange —f —c. --- 3 per cent. —f —c. Exchange —f —c. Dutch, ni p. c 49% Ditto Account 5O 49% Ditto, 5 p. c 9 3194 Ditto Account 94 3% French Scrip 4, 2 pm. Contemporary says:— " But he has asserted his own merits with so triumphant a pertinacity that many a wearied Whig—here and there, perhaps, a too credulous Conservative--has believed Lord 13r.ugham to have relinquished thousands, to have dis countenanced jobs, and to have shamed all Chancellors from Francis Bacon to John Scott by the promptitude and the learning of his judgments." Of the credulity of Conservatives generally, the Post is certainly well qualified to speak. Its own existence, and any degree of credit being attached to its statements, even by Conserva tives, is a proof that their credulity is not small ; but we never heard before of its inclination to acknowledge the merits of enemies who have annihilated Conservative power. We must suppose, therefore, that the " stray Conserva tives," who confess the improvements wrought in the administration of justice and the offices of the Court of Chancery, since Lord BROUGHAM'S accession to the Woolsack, have been compelled to du so, because longer to have called him an interested jobber, a creator of patronage, would have exposed them to the fate of children who, shutting their eyes when they dip their hands into a sugar-basin, fancy no one sees them. The gravamen of the attack, how ever, made by the Post upon the CHANCEL• LOR yesterday, is, that in a Bill which his Lordship brought forward last session, but was obliged to withdraw. frntn._the Dnacsiu-heaciu - cc . o only from 14,0001. to 8,0001., cast i ng a part of the duties performed, or rather not performed by Lord ELDON, upon a Court of Appeal created for the purpose. The words of the Post are— " The Chancellor is to have 8,0001. a year, and for this be is— " Ist. To retain jurisdiction in Bankruptcy, where his work is already lightened by the establishment of a new Court. " 2d. To retain jurisdiction in lunacy, to which, we suppose, be will devote as much, that is to say, as little, time as he does at present. " 3d. To attend the Privy Council—whenever it suits his convenience. " 4th. To preside in the House of Lords—whenever it agrees with his pleasure. " sth. To keep the King's conscience." The attendance at Cabinet Councils, which is one of the overt political duties of the CHAN CELLOR, is not here mentioned. It did not suit the Post to recall to the public mind the apologies we used to have for Lord ELDON'S delays, grounded on the weight of his political duties. It was more convenient, though some what less candid, to speak of keeping the KING'S conscience, &c. Let us, however, com- pare the salary purposed to be received by the CHANCELLOR with that paid to an officer whose rate of payment cannot be attacked by the Post, whatever we might have to say upon it. The SPEAKER of the House of Commons, with no political duty to perform, receives for presiding in the House of Commons a salary of 6,0001. per annum, 5001. for house -rent, and about every three years 2,400/., under the name of plate and outfit. This makes about 7,0001 per annum, received by the SPEAKER, for peform ing one of the duties of the CHANCELLOR. We . _ know that the bodily labour of presiding in the House of Lords is not so great as that of the SPEAKER of the House of Commons ; but every body knows that the duties of the latter office might be as well performed for half of the present sum, and that more is only paid to keep up the dignity of the office. Such being the case, the actual . _ labour of sitting in the House of Lords weighs nothing in the question. Upon this view of the matter, then, it appears that the CHANCELLOR is only to receive 1,0001. per annum for dis- charging judicial duties which will at least be still as heavy as those of the VICE-CHAN CELLOR. Looked at in any other point of view, the argument, or rather mean insinuation of ;he Post falls to the ground, telum imbelle •ine ictu." FlRE.—Sunday evening, between the hours of six and seven, a fire broke out in the premises occupied by Mr. Leman, in Geveland-street, Mile End road, a grocer and chtesemonger. The fire was got under by eight o'clock, but the whole of Mr. Leman's property was destroyed. Our townsman, Dr. M'Diarmid, who sailed with Captain Ross in the arctic expedition, and who was highly eulogised by that intrepid navigator, has been rai•ed to the rank of surgeon in the navy, and appointed to the Royal William yacht.— Greenock Intelligencer. The British Reformation Society have recently published a new edition of their map, showing, within the last two years, an increase of ten Roman Catholic Chapels in England, and a total of 423 ; arid seven in Scotland, with a total of 74. leave his operations free, and he would not be ruined, but keep employed a population which would maintain the value of his land without corn laws. When the writer talks of " bonding corn at the lowest scale of duty, and giving the speculator powers to release it at the highest pos sible price,"and of doing away with the bonding system, he only displays an ignorance which might be expected of him ; but the proposal with which he concludes, to restrict the impor tation of food in proportion as the national debt is increased, is a proposition too asinine to have been expected, even from an advocate of Corn Laws. The Morning Post is at the present moment engaged in the somewhat hopeless task of en deavouring to persuade the public, at least that small portion of it which reads its lucubrations, of the immaculate virtue and disinterestedness of Lord ELDON, and the grasping selfishness of Lord BROUGHAM. As may be expected, facts are occasionally stumbled across which impede the progress of their argument, but with happy ignorance of the ridicule they excite, they still labour away at their vocation. If there be one thing more established to the satisfaction of the public than another, it is that the CHAN CELLOR has materially reduced the patronage of his office,—that he found it a means of enriching scores of relations with sinecure law appointments with large emoluments, and that when he leaves the Woolsack his successor will find the legal patronage reduced to about one half of its former pecuniary amount, and that few or no officers are paid more than the amount of work and knowledge required of them warrants. Even the Post admits that Conservatives have been convinced of this fact, but pretends to console itself with the idea that they have been so convinced because the CHANCELLOR himself has told them so 1 Our CAMBRIDGE, DEC. 1. (From a CoTrespondent.) Again the demon of incendiari•m has been fearfully in operation in this neighbourhood, although no motive whatever can be ascribed; the only cause that can be aa• signed is the proprietor having been chosen one of the overseers of the p mist) of Barton, near Cambridge. There were four wheat stacks, two bean ditto, one barley ditto, and three very valuable horses (one worth 801.) destroyed. Carts, waggons, and every implement used in husbandry have also shared the same fate. Suspicion has fallen on two men, who, however, have not yet been apprehended. The amount of damage is estimated at 3,0001. The fire was still raging when I left. THE FUNDS.-(THIS DAY.) CITY, TWELVE O'CLOCK. We are without any foreign arrivals as yet—five foreign mails are due. THE FUNDS. In consequence of there being no foreign arrivals, the Funds continue stationary, and without any spirit of speculation amongst the moneyed interest. Consols, which left off yesterday at 88i, buyers for the Account, opened this morning at the sane price, sellers ; at present they may be quoted at 88, 871, and SEti for money. It is expected that the next arrivals from Sp iin will be of some interest, as two expresses were received from France late yesterday afternoon, but their contents have not as yet transpired. TheFoieignNlarket is also inactive as yet,—prices much the fame as yesterday. HALF-PAST ONE. The letters by the French mail have been delivered, and they bring a confirmation of the success of General Sairsfield, with the dispersion of the Carlists. Their dates are Sunday, consequently we have no French prices of their Stocks. Lerters have been received from Constantinople of the 25th of November. All was tranquil io the above c:ipital. The only foreign ship of war lying there, was an American frigate. The Funds continue in the same inactive state as in the early part of the morning. Consols may,- be quoted at 888 for the Account, with little doing; for money 88H. The same scarcity for the aforesaid previous article still continues in the city. In th-• Foreign Market Spanish Stock 2314 ; Portu• guese 57, 1 2 - to 5S ; ex-dividend ; Dutch 49 . 1 50 ; Brazi 66i 6 7. The Morning Herald has published a second edition, with the express from Paris. It is not of much im port. nce. The entry of Saarsfield into Bilboa is again repeated in the French papers of Sunday and Monday (hut not officially) every thing was quiet at Madrid on the 24th ult. ; but private letters, dated the 23d, received at Paris, represent a total change in the Spanish 3linistry, if not a revolution, as impending. THREE 0' CL 0 CK. Commis for the Account, 88k. The Marquis of Northampton and his family have again left England to pass the winter in Italy, the delicate health of his Lordship not permitting him to reside entirely in England. It was on one of his visits to the Con tinent four year* ago that he lost his amiable Marchioness; she died at Rome. The Lord Chancellor returned to his resi dence in Berkeley-square yesterday, from a visit to Lady Brougham and his daughter, the youthful Miss Brougham, at Brighton. The health of this young lady, now in her eleventh year, has exceedingly improved since her mother has taken up her temporary residence at Brighton, where she has be, n residing during the autumn. THE TRADES' UNIONS.—A full exposition of the organization, resources, and objects of these new and powerful combinations, which in London and the manu facturing districts have already attained so wide an in fluence, and which hold out so portentous a prospect of future extension, is given in an article entitled " The Government and the Trades' Unions," in the number just published of the New Monthly Magazine. It is deserving of the most serious consideration, and affords important aid in estimating the true position of the present ministry. We take the following from the Moniteur Egyptien:—"ln the country inhabited by the negro tribes of Berber there grows a tree, which the natives call the oat's, the fibres of which make excellent cordage, and the wood burns into a charcoal, peculiarly suited for the manufacture of gunpowder. At Assuan alum bas been discovered. The population of Alexandria amounts to between 36,000 and 40 000 souls. The foreigners are 4,900 ; and of these 3,000 are English, Maltese, and Lire _Linke de Treviso is to be Governor of the Hotel des Invalides, in the room of the late Marshal Jourdan, and that General Sebastiani will succeed him as Grand Chancellor of the Legion of Honour. —Constitutionnel. The Duke of Sutherland has presented to his numerous tenantry, in this county, the privilege of killing the game on their respective farms. The tenants have offered his Grace their thanks for this unsolicited, but, to a wealthy tenantry, most acceptable gift.—Shrewsbury Chronicle. The Rouen Journal states that 1,100 cotton spinners at Louviers, in the Eure, who had struck, have all returned to their work, except seven, of whom five have been taken into custody, and warrants have been issued for the arrest of the remaining two. ATTEMPTED SUlClDE.—Between seven and eight o'clock yesterday morning a girl, only fourteen years of age, in a moment of exasperation, caused, we understand, by a dispute with her mother, threw her-elf into the New River, at that part behind Rhodes's farm near Colebrook row. Being observed,' however, she was rescued from the water almost immediately, and conveyed to the Gun public-house, where every attention was paid to her, from whence, in a short time, she was sent home to her parents, who are very respectable. The Tory papers, among other " misrepresen tations" of Lord Durham, have this week stated that he was " made a Peer by the Duke of Wellington." This is notoriously incorrect. On Lord Durham's return from the Continent, in December 1827, before there was any prospect of Lord Guderich's Ministry breaking up, the latter Nobleman communicated to Mr. Lambton the in tention of the late King to confer a Peerage upon him. After the patents of Lord Durham and others were pre pared, Lord Goderich unexpectedly resigned office ; but the King directed the completion of the patents. It is known that Lord Durham personally assured Lord Gode rich in the interregnum, that he would not directly or indirectly accept the Peerage from the Duke of Welling ton; but was satisfied that it was the King's desire that the Peerages should be completed independently of any change in the Cabinet.—Spectator. LORD BYRON'S CONVERSATIONS WITH LADY BLESSINGTON.—We are requested to state that work is now completed in one Svo. volume, and ready for delivery at the various booksellers. The following is the opinion given in the Spectator on this interesting production--" Beyond all comparison the best thing that has been written on Lord Byron—the truest, cleverest, and most pleasing. We have greatly underrated the talents and education of our women, if many writers are to be found among them, who have written or can write like Lady Ble.sington, who perhaps might never have printed a line of prose, but for the accident of meeting with Byron in Italy. With all possible delicacy, consi deration, arid good nature, the true character of Byron is laid open, even to its inmost recesses. Though the writer is capable of looking quite through the deeds of men, there is no harshness, no satire, indeed it would seem as if, from this very entire knowledge of human nature, she was led to judge as leniently as it enables her to see clearly." It appears that a diplomatic correspondence of an angry nature has taken place between the French and Swedish Governments, in con s eq uence o f the latter having demanded the withdrawal from the French stage of the opera of the Bal Masque de Gustave, and the vaude ville of the Camarade de Lit. The latter piece is cer. tainly not calculated to flatter the vanity of the reigning Monarch of Sweden. The plot of this singular dramatic production, which is from the pens of MM. Langle and Vanderburck, is as follows :—Thiebault, an old grognard of the Grande Armee, and his Majesty Charles John (Bernadotte), had, when simple grenadiers in the service, been bedfellows—camarades de lit. Thiebault goes to Sweden after the late revolution, where lie carries on the trade of a cabinet maker. He there meets the King, who at the sight of his old comrade, so feels all the force of youthful impressions, that he puts on his old uniform of a grenadier, and with Thiebault repairs to a cabaret. Here the latter reads the King a lesson on politics and the art of government, who, at last, under the influence of deep potations, signs several edicts calculated completely to re organize the political condition of the Swedish people. Ttit denouement is admirably managed, and the piece tbroughout full of interest and gaiety. It has met with great success. —Monthly Magazine. COURT OF CHANCERY.-(THIS DAY.) IN RE JONES, A LUNATIC. Mr. WILBRAHAM appeared to support a petition which prayed that the Court would be pleased to confirm the Master's report, appointing four persons to be the commit tee of the person and 'property of the lunatic. One of the persons approved of by the Master resided in Fifeshire. This fact was present to the attention of the Master when he made his report ; still, under the circumstances, he thought it right to nominate that gentleman, and he (tl)e Learned Counsel) hoped there would be no difficulty in confirming the report. The LORD CHANCELLOR had great difficulty in con firming it, so great, indeed, that he could not comply with the prayer, but felt that h 4 must send it back to the Master to review his report. He would also take an opportunity of speaking to the Master on the subject. His Loanstur thee proceeded to bear A part-heard appeal in "Demmer v. Pitcher," VICE-CHANCERY COURT-(THIS DAY, GEARY V. MOODY. This suit was instituted for the purpose of terminating the affairs of a partnership, and for the sale of the part nership nursery and farming stock, at Milford and Stratford, near Salisbury. It now came on for bearing on further directions upon the petition of Mrs. Geary, the sale directed by the Court having taken place. The Court at the conclusion of the arguments ordered that the petitioner should be let into possession of the counting house, lands, and premises occupied by the partnership, at Milford, near Salisbury, the arrears of the rent to be allowed to her of the premises at Milford up to the time of her taking possession and the settling of the partnership account. The manager was ordered to receive the rent due for part of the premises, which were underlet to a person of the name of Everett, and also be let into possession of these premises. A reference was also directed to the Master to ' settle the charges of the auctioneer at the late auction, and Mr. Moody was allowed access to the books of the part nership at Milford. Sir . EDWARD SUDDEN, Mr. SPENCE, and Mr. YOUNGR appeared as Counsel for the petitioner, and Mr. KNIGHT and Mr. WRAY, as Counsel for the defendant, Mr. Thomas Moody. ROLLS' COURT.-(THIS DAY.) TIIELLUSON V. WOODFORD. Mr. KINDERSLY this morning made an application to the Court in this case. A petition was presented on a former occasion under the late Act of Parliament, which was paped for the purpose of superseding the acts of the trustees, under the will of the testator in the cause; and it was referred to the Mister to approve of the terms on which a proper lease shouid be granted to the present Lord Rendlesham for the term of fifty years, if he should so long live, at the rent charge of 11,500/., payable half yearly. According to the provisions of the Act, the lease was to commence from the 25th of March last, and it was to contain a power of re-entry if the rent was not paid within 105 days afrer it became due. The Master bad been directed to inquire into and state specially the cir. cumstances affecting the property appointed by the Act to be comprised in the lease; but in consequence of the very great extent of the property derived by will and subse quently purchased according to its provisions, although he was to be at liberty to sit de die in diem, it was to be feared it would be impossible to get the terms of the lease arranged before the lapse of the one hundred and five days assigned by the Act fur the payment of the half yearly rent. The present application was made fur the purpose of having the authority of the Court for Lord Rendleaham, the intended lessee, in the interval to pay the first half yearly rent into the Court ; and that the costs of procuring the Act of Parliament and the other pro ceedings should be taxed, and paid out of the surplus funds of the testator's estate standing to the credit of the cause. The application not being opposed by Mr. TINNEY, who appeared for the trustees, the Court mide the order according to the prayer of the petition. ATTORNEY.GENERAL V. arascovistE. In this case the testator, so far back as the year 1619, bequeathed to his executors various sums of money to be invested in the purchase of !grids and tenements in fee, which he charged with the building of a hospital and school-house in Sherborne, and the yearly allowance of 5/. each for the maintenance of 24 legitimate orphans in that palish, besides other sums for the support of the hoalmaster, usher, &c. The information was filed to have it referred to the Master to approve of a ' , theme for the regulation of the charity income, and also to receive other directions which bad become necessary in consequence of the olteratim „lit= v,lue of money and the productiveness of the estates which by the tes ator had been charged with the support of the charity. The Master having now made his report, the cause came on in order to have it absolutely confirmed, and that the scheme he had settled might be finally adopted and sanctioned by the Court. It not being practicable to increase the stipends of the poor children, the Master bad found it necessary to diminish their number. The salary of the schoolmaster had also been permanently fixed at 801. per annum. Mr. BETHELL, in behalf of the present schoolmaster, appeared to oppose the scheme, on the ground that while his salary was fixed at so low a sum, additional restrictions had been imposed on him which were altogether unnec,s,ary as well as inconsistent with the intention and directions of the testator. By the will it was only directed that the schoolmaster should be a clergyman of the Church of England; but the Master's scheme contained a provision which disqualified the schoolmaster for the time being from holding any ecclesiastical preferment whatever. His HONOUR was desirous, if he could, to extend the allowance which should be made to the schoolmaster; but the state of the charity funds did not afford an opportu nity. At the same time it was most desirable, in order that the school might be properly conducted and attended to, that it should be under the superintendence of a person who could bestow his whole time upon it ; and therefore the proviso, which had been introduced into the scheme, was most proper, that the schoolmaster should not hold any ecclesiastical preferment. KING'S BENCH.—(THIS DAY.) SOUTH V. O ' KELLY, ESQ. This was an action brought by the 4th indorsee, and the holder of a hill of exchange, for 2501., drawn by a person named William Douglas on, and accepted by, the defendant, who was a gentleman of fortune in the Regent's Park. Sir JAMES SCARLETT and Mr. BUSBY conducted the case for the plaintiff; and Mr. J. WILLIAMS that for the defendant. The defendant's acceptance was admitted, and the hand. writing of the drawer, Douglas, WAS proved. Mr. Richard Cort stated that he received the bill from John Thomas Gunn, whose signature and that of his own were at the back of the bill. Witness paid it to the p'aint:ff. Cross-examined—Gunn was a coachmaker, and lived n Foley-place for 25 years. He was introduced to wit. nest' by Mr. Wyatt's nephew, with whom witness was connected as his agent, and from whom he received corn. mission for what be did. Witness gave nothing for the bill, having merely acted as Gunn's agent to get it dis counted, and received Si. for his trouble. Had known the plaintiff for two years. The plaintiff managed the business of his uncle, Mr. Burton, a plumber. The plaintiff took the bill on witness's statement as to defendant's respectability alone. The plaintiff said he would discount the bill, provided witness would consent that 201. which he had borrowed three weeks before of him for Mr. Wyatt was deducted from it. Witness could not consent to that as he had no interest in the bill, and then the plaintiffgave witness a check for 2471. 155., which, with the interest, made up the 250/ Witness in a few days afterwards re paid the plaintiff the 201. out of money he received from Mr. Wyatt. Witness never saw the defendant until after it was discounted by the plaintiff, nor did he know until some time afterwards that Gunn had become insolvent. Mr. J. WILLIAMS in addressing the Jury for the defence said it was exceedingly difficult if there were any vice or fraud in a bill or promissory note origi nally to bring a knowledge of that home—if it existed—, to a subsequent holder. Therefore, in whatever way the bill in question was obtained from the defendant by D iu glass (who, by the way was not now to be found), it wa next to impossible for the defendant to bring home a knowledge of all the original circumstances to the plaintiff. He would, however, put it to the Jury whether on the face of it it did not appear that the 201. that p issed from the witness account to the plaintiff, a few days afti r the latter had discounted the bill, was in the nature of a bonus for discounting it, and if that were so, the transaction was usurious, and the plaintiff was not entitled to recover. His Lordship left it to the Jury to say whether the evidence was of such a nature as to lead to the natural inference, that the 20/. was a bonus for discounting the bill. The Jury immediately found a verdict for the plaintiff for 2601., and 121. interest. PILLING V. HOOPER. This was an action to recover 221. 104, being the plaintiff's commission for procuring a school for the de• fendant. The plaintiff was a school agent, and was employed by the defendant to obtain him a boarding school, which, after some trouble, he did by introducing the defendant to a Mr. Cook, of Brompton, who wished to dispose of his school. The plaintiff charged 5 per cent. on the purchase money, which it was alleged was the usual commission, and in this case would amount to 221. 10s. The defence was that only a sum of five guineas was due to the plaintiff, and that that sum had been tendered, The tender of five guineas was proved on the part of the defendant, and the only question remaining was, whe ther the plaintiff was entitled to more than that sum foi his services. The Jury returned a verdict for the full amount claimed. COURT OF EXCHEQUEIt.-(THIS DAY, This being the day appointed for the trial of" Dicas r. Lord Brougham," which is an actio❑ for false imprison ment, the Court was crowded at an early hour. Among those present we noticed Lord Eldon and many of the old and present officers of the Court of Chancery. On the Lord Chief Baron entering the Court Mr. Hutnfrey appied to his Lordship to certify in the case of " Hunt v. Ager and others," which his Lordship refused to do. DICAS V. LORD BROUGHASI.--ACTION FOR. FALSE INIPRI• SON3IENT AGAINST THE LORD CHANCELLOR. Mr. PLATT, with whom was Mr. KELLY, stated this case to the Jury as follows :—Gentlemen, the plaintiff in this case is Mr. Dicas, who seeks to recover at your hands compensation in damages for a very serious grievance. Although not moving in so high a sphere of life as the Noble defendant, he is entitled in the equal distribution of the law in this country to appear before a British Jury to state his grievances, and from them to ask satisfaction. Gentlemen, the complaint that I have to make on behalf of my client against the noble defendant is, that upon two occasions, without any jurisdiction or authority, he restrained the liberty of the plaintiff. It appears, Gentlemen, that in the month of March, 1831, a commission of bankruptcy had been issued against a person of the name of Nokes, and an order was made by the Vice_Chancellor, desiring Mr. Dicas to pay over certain sums of money to the assignees, and also to deliver to them certain books and documents. Although the order was made, neither the money nor books were ever demanded before the first imprisonment of the plaintiff. Mr. Dicas, while attending the Court of Common Pleas, in his duties as a solicitor, was arrested by an officer of the Court of Chancery. The plaintiff expostulated, stating that he was attending his duties as an attorney; the officer would not quit him, keeping him in custody till the case in which Mr. Dicas was engaged closed, and the Court rose. Mr. Dicas informed his counsel, Ser geant Bompas, of the situation in which he was placed, and requested the assistance of that learned gentleman to liberate him. The learned sergeant went with him from the Court of Common Pleas to the Court of Chancery. The Lord Chancellor had just risen, and application was made to his Honour, the Vice Chancellor, who felt a de• licacy in interfering, the warrant under which the plaintiff was taken into custody proceeding from the Lord Chan cellor. Application was then made to the Lord Chancellor in the House of Lords, who directed the plaintiff to be discharged fur the time, at the same time requiring Mr. Dicas to appear the next morning in the Court of Chancery with an affidavit stating the facts. Mr. Dicas attended the next and several following mornings, but nothing was done. The arrest took place on the sth day of E ester term, and during the whole of that period Mr. Dicas attended before the Lord Cbancellcr for the purpose of procuring his liberation from the arrest. At last the Lord Chancellor, shortly before the end of the term, pronounced judgment, discharging Mr. Dicas, expressing at the same time that he had in the interim consulted with the Chief Justices of the Courts of King's Bench and Common Pleas. On the last day of Easter term Sir William Horne appeared on behalf of Mr. Dicas to discharge the order upon which Mr. Divas had been taken into custody. His person, it is true, had been liberated, but the order remained. That application was successful, the order was discharged, the Lord Chancellor stating that no contempt had been committed, as it did not appear that any demand had been made either for the money or the papers, or that any rt Waal to pay or deliver up ever took place. Gentlemen, the Lord Chancellor at that time not only dischar g ed the order, but discharged it with costs, and it was understood at that time that it was discharged with such costs as Mr. Dicas bad incurred in consequence of the restraint which had been made upon his liberty. Time order was nut drawn up in that form, and accordingly on the 2d of June, Sir William Horne applied to the Lord Chancellor to amend the order, enalannj him to bare tke this to Lord Brougliam, he staters toat that certainly was his intention, but upon conferring with one of the officers of the Court, be stated that he would take time to consider the subject. The Lord Chancellor did take time; and although day atter day Sir W. Horne applied fur the purpose of procuring the di cision, to this hour his Lordship had never pro• flounced his judgment. Sir W. Home, in the course of his application to the Lord Chancellor, stated that the parties on the other side would be going on ; upon which the Lord Chancellor stated that all the proceed ings were stayed till his judgment was given. This order which was made, directing the discharge of the first of der, not only with respect to the libel ty of Mr. Dicas, but he was also discharged from paying the 561. and a framion, which he had been ordered to pay to the assignee, so that it is clear that sum never could be demandable from him. On the 10th of August, 1831, Mr. Dicas wrote to Mr. Vizard, the Lord Chancellor's Secretary in Bankruptcy, for the purpose of reminding him of the state of the proceedings, that the Lord Chan cellor had not yet given judgment, but that all proceedings were stayed till he should do so. To this Mr. Vizard wrote an answer, that the appeal did not stay proceedings as an order pronounced, and that it did not find any order of the Lord Chancellor's staying proceedings with respect to costs. Oa that very day Mr. Dicas was taken from the bosom of his family, placed in a prison, where he re mained for three months upon the order and warrant of the Lord Chancellor, on the very day that all proceedings were to be stayed till further order. Gentlemen, I really am at a loss to imagine a cause for this, and I take leave most respectfully to question the authority of the Lord Chancellor in bankruptcy to issue such a warrant. By the present Bankrupt Law all the former Acts have been repealed. By the Act of 6 George IV. the power was given to the Lord Chancellor to interfere in bankruptcy. That, Gentlemen, like all other powers, must be con strued strictly from the beginning to the end, and if it be so, I say there is no power in the Lord Chancellor to commit for contempt like the present, if contempt it can be called. What would be the con sequence, gentlemen, if such a power was given to the Lord Chancellor ? A party might owe to the assignees of a bankrupt a certain sum of money ; he mi g ht dispute their right to claim it; and is the Lord Chancellor to make an order, commanding payment, superseding the right of every British subject to hare his case tried by a jury ? No doubt if the money was due from Mr. Dicas, the assignees would be able to maintain an action, and would recover against him. But I contend that there is no such power give❑ by the Act of Parlianieut - ; has been exercised here. Just after Mr. DIC39 bad been placed in prison, where he remained from the 10th of August to the 22d of December, it was natural for him to suppose that the Lord Chancellor would have felt some little compassion towards a man who was carrying on a respectable profession, who had a family to maintain, and who had been improperly immured in prison for three long months. He accordingly wrote a letter, addressed to the Lord Chancellor.—(The learned Counsel read a letter, which recapitulated the facts he had already stated.) —The Leatned Counsel then proceeded—Alr. Dicas was not desirous of making the matter public, but wished, if possible, that the recompense for the injuries which he had suff,red should be made privately, and nothing more would have been beard of the matter had his Lordship condescended to reply. The Lord Chancellor not having done so, Mr. Dicas wrote another letter on the 21st of January, in which he aga;n stated the hardships under which he was labouring, and begged for the interference.of his Lordship. Gentlemen, that letter remains also unat tended to, and another letter was written on the 22d of March, 1832, which remained also unanswered. Such are the facts of this case, and you will allow me, for one tr?- went, to review them fur the purpose of finding out, .T possible in what could have originated the proceedings in which the Lord Chancellor has been so prominent a party. Is it possible, Gentlemen, to suppose that the Lurd Chancellor could be ignorant of the cause ? Can it be said, Gentlemen, that the Lord Chancellor, he who has stated in another place that he would execute the law 80 dB to make it repected, and amend it so as to make it be beloved, could be ignorant of the cause of this? I am at a loss, Gentlemen, greatly at a loss, to account for the - - motives which actuated the Lord Chancellor to imprison this unfortunate man. Could it be said to have arisen from ignorance ? Ignorance, Gentlemen, in Lo;(1 Brougham, the great amender or the law, to whom we are to look up for lumber great amendments ! Could it be the want of caution ? Want of caution, gentlemen, in my Lord Brougham, the advocate of civil liberty ! Assuredly not. He, lees than all persons would have been wantiol in caution upon such a subject-. C iuld it be any persons? motive in the present Lord Chancellor against Mr. Die Gentlemen, it strikes one with horror to contemplate a thin 4. Personal motive in a Lord Chancellor! "°"t of no such thi ng . l amat a l oss , G ent l emen, to ace"' „ wh it could be the cau-e, but whatever the cause maY bet sure I am that it has been attended with the ruin of the unfortunate petitioner, and it is in order to recomrr e him, in some measure for that ruin, that he now EIPPIr. to you. He ha s s uppli ca t e d t h e L or d Ch ance ll or might have demanded his rights. These supplicati 4 ' have been disregarded by his Lordship ; and his onli resource now is to supplicate you. Gentlemen, 1 04 earnestly beg of you to weigh well hie case, and I am sn t r e )ou will follow him t o hi 6 pr i son — yo n w ill t he re see t u nl tear of the father g oi ng d own hi s c h ee k, w h en be t hin° of those children from whom he has been separated; and you will sympathise with him in his imprisonmen t ' and in his feeling s , o r i g i nat i ng f rom h ope deferred. Ir°,tl veil consider th a t, i n consequence o f t h e d urat i on o f hie imprisonment, although in the possession of property mor e than sufficient to pay his d e bt s , a t 30 s . i n th e poun d, be has been obliged to submit to the degradation of panto; through :he Insolvent Debtors' Court. All these thing Will be taken into your consideration, and will wee d with you in the a moun t o f damages yon May acveri to him. Gentlem e n, I h ave now near l y c l ose d what have to state. There are two questions of high importanc e in the case as far as the law is concerned. The fin ° question will be whether my Lord Chancellor, sitting to bankruptcy, and exercising the power given him by th e Bankrupt Act, has the power of committing for a con tempt ; and secondly, even if he has such power, whethe r he has any jurisdiction to commit until the contempt' s committed ; and then, gentlemen, it will be for you t ° consider what shall be the amount of compensation. ii te , it is very probable, ge n tlemen, th a t th e L e arned Solicitor-General, who appears for my Lord Brouglia° will not give me an opportunity of again addressing you, I am rather desirous, if I can, of discoveriot how this case is to be met. It surely, gentlemen, will net be met by any technicalities of the law—want of notice—' Limitations of Actions—or anything of that kind. Surely my Lord Chancellor would not suffer his Counsel to set up such a defence ; and, if even he was, I am sure the Learned Counsel would not suffer himself to be made the instrument for such a purpose. How then, gentlemen, to it to be met ? If this were a common case, gentiollet t O where two persons were exercising malignant feelings towards each other, the defendant would probably atteulPS to detract from the character of the plaintiff. I cattun e t anticipate such a a e fence from nay L or d Brotighaten such a course should be adopted on behalf of such a de• fendaut, you will know how to meet such a defence hi expressing your indignation in respect of it. William Allen was then called and examined by gr. KELLY—Was one of the deputy tipataffs of the Lord Chancellor. On the 19th of April, 1831, he arrested Mr. Dices, under the order and warrant, of which th e one produced was a copy. Mr. Dicas complained at the time he made the arrest that he was attending a cause in the Court of Common Pleas. Took Mr. Dices before the Vice-Chancellor, who objected to interfering, as the warrant had been obtained from the Lord Cbancelloe• Remained with Mr. Dices in the Court of Common Pleas till that Court rose, and afterwards went with him , accompanied by Mr. Sergeant Bornpas, to t h e Lord Chancellor's private room in the House of Lords, whoa Mr. Dices was ordered to be discharged upon bl e undertaking to appear the next day with an affidavit, hi the Court of the Lord Chancellor, at Westminster. Mr• Dicas appeared the next day, and several successive dart but the Lord Chancellor did not give judgment for some time. Cross-examined by the SOLICITOR-GitHERAL---Th ° only complaint in the House of Lords was that he ea° privileged, because he was attending his duty in the Gera' mon Pl- , as. Did not hear from Mr. Dims that he W.' attending the Court of Chancery upon a petition. Francis Robert was clerk with pliintiff. Proved the a c r o re o s r t t , o a f s c st ba te o d oe b ry y . Allen. W ent x Knew day, for a fortnight. Cross examined—Never heard D can say he was tbe a that be n e at attended n morning n firnogm to oay theg attending upon a petition. Sir William Horne, the Attorney-General examined by Mr. FOLLETT—About a year and a half ago held some briefs for Mr. Dicas, which he believed related to his per sonal liberty, but he had no recollection now of the matter:t An indorsement on the brief w as in hi s ha n d writing. 1 , was—that all proc e edin g s s hould be stay e d till judgme°` was pronounced. ever C s nCe ' x re n n a ' d d done sdoptrhae ctisedlong in Chancellor had in and enforced them by commitment. / 4 :' ..ouin not rectmeus l ucstaon was tbat was at bated, b u t be b e li eve d t h at i t was w h et h er t h ere s h o uld be a second dem an d at th e exp i rat i on o f t h e f our day rule, Re examined—His reco ll ec ti on w a s ver y f a i nt , b ut be believe , ' the question was a b ou t some irregularity. W. H. Bro n, Warden of th e Fleet—Believed Mr. Divas was given into hi s c u s t o d y on the 1 2t h o f A ugu st. 1831, under a warrant sign e d by th e C hance ll or . He remained in custody un d er th at warrant t ill D ecem b er 22, Chancery, made ance rY o ' orders ar when tie was discharged by an order from Lord Brougham , though he still remained prisoner for debt. Counsel ea both sides agreed upon it that it was on the 22d Sept. Mr. D can was taken into custody. Mr. Brown could eaY nothing further than that he gave the older to the tipstag on the 12th of Aug. When lie was brought to the Flee he could not tell. The order of the Chancellor was then put in and read. Dicas, son of the plaintiff, produced the three affidavits upon which the original order was made. Cross•examined—These were all the affidavits, and there was no one made by Joseph Proctor. His father had been solicitor in the Court of Chancery for SO years, and was solicitor to Mr. Nokes's estate, up to the appointment of the assignees. He did receive money account of the estate. The affidavits were then put to and read. They were to the effect, that they (the assig nees) bad not received any money or books from Dicas, as ordered. The Earl of Eldon was then sworn, the Bar standing the whole time. He bad been Chancellor for 25 years. During all that time he verily believed that he had per sonally inspected all the affidavits upon which orders for commitment were made, but be was now a very old man, and his memory was not so good as it once was. The proceedings would best show what the course was which he pursued. He did, however, take all the pains in his power to keep free from mis takes, if any one took place he was sorry for it. He always understood that the practice was, that there ought to be a de:nand and a refusal after the four day rule, before making the order for committal. There might mistake happen, but he believed the gentleman who acted as his Secretary of Bankrupts would be better able than himself to say how very anxious he was upon the subject, and to keep free from them. If any did occur, he bad now nothing to do but to ask pardon from God an 1 his country. He would take that opportuilly of saying that he did not appear there as a willing , ness, but he thought it his duty to comply with the re quest and appear between man and man when he was served with the legal process of a subpaina At his time of life there might be a mistake of memory, but he ap peared in that Court merely as a witness. Considering his great age, his health, and the distance at which he was wheo called upon, he would rather have been spared, but be had done his duty conscientiously. The SOLICITOR-GENERAL thc " My Lord Eldon, I am glad to express my satisfaction, arid that of the whole bar, at having the honour of seeing your Lordship." In answer to the Learned Solicitor, Lord Eldon said that during the whole time of his Chancellorship he had ex ercised a jurisdiction in bankruptcy, had made orders, and committed to the Fleet those who disobeyed them. He had no doubt but that a solicitor to a commission was hound to obey the order of the Court, as respected the paying of money to an assignee, and if he did not obey he certainly would have committed him if the proper papers were before him. He had exercised the jurisdiction both before and after the passing of the 6th George IV. John 1 3 enson, Esq., was secretary of bankrupts to Lord Eldon for 12 ye irs. It was necessary that in order to support a commitment there should be affidavits of a demand and a refusal, and there should also be the same after a four day rule. Lord Eldon wus always very imrticular that such things should be complied with. He uad perused the affidavits in this case, and before be would have laid them before the Chancellor fur an order of commitment, he would have required a four day rule and an affidavit of personal service. Cross-examined—Could not take upon himself to say there never had been an order without a four day rule. All ue said was that it was the comae to have a four day rule, and a demand upon the service of it. W. M. Elkins, an attorney, was employed by Dicas in the In s ol vent C our t. He was brought up and di•charged on the 7th of December. He did not leave the prison, in eons. quence of the Chancellor's order. 11r. PLATE was about to offer the plaintiff's pettion to the Insolvent Court in evidence, in order to show the cattle cu which he attributed his insolvency was that arrest, vibe" His LORDSHIP decided on the objection of the Solicit if General, that ouch evidence could not be received. hen; Th e fends hid Poi!) plac arid tad Seat Rive