The Sun. — London, England, 1833-11-19 00:00:00

LONDON, TUEF,DAY EVENING, NOVEMBER 19, 1833. The Paris Papers of Sunday arrived this morning. The Ministerial Journals contain intelligence from Spain much more favourable to the Regency than the preceding accounts. SA ARsFIELD is said to have commenced a movement on the 31st ult., and letters from Saragossa, dated the 4th and sth inst. give a very satisfactory account of the state of Arragon, and of affairs in general. The country between Barcelona and Valladolid, and from the latter city to Burgos, is said to have completely sub mitted to the QUEEN. There is no fresh news of interest in these papers. The latest accounts from Madrid, received at the Spanish Embassy here, are dated the 4th inst. At that time the capital was perfectly tranquil. We understand that no doubt is entertained by our Government of the authenticity of the Manifesto of Don CARLOS. The date, how ever, is fictitious, for on the 6th inst., instead of being at Alcantarra in Spain, he was at Sabra tierra in Portugal. We have received Hamburg Papers to the 15th inst. Their contents are not important. Frankfort Papers to the 13th instant arrived this morning. The following is the only pa ragraph in them of the slightest interest : NUREMBERG, Nov. 10.—It appears that great hopes are entertained at Berlin of the success of the mission of Baron Fagel as Dutch plenipotentiary to the Diet to treat of the affairs of Luxemburg. It is also affirmed that the German Ministerial Conferences will begin in November, and that M. Ancillon will go, for the purpose of partici pating in them, on the 23d of Nov., to Vienna or Prague. The last official accounts from Portugal re ceived by our Government are by no means so favourable to the constitutional cause as we could have wished. The delay in convoking the Cortes, and the attempt to get rid of the Duke Of TERCEIRA and Admiral NAPIER, on ac count of the desire which they had evinced to see the Duke of PALMELLA at the head of the Ministry, had created a powerful sensation in Lis bon against the present Ministry, and materially augmented the party of the Duke of PALMELLA. We regret to hear that the Chevalier de LIMA, the Portuguese Charge d'Affaires in this country, and who, during the whole of the struggle be tween Don PEDRO and his brother, has performed all the functions of an ambassador, has been removed from his post by the Pedroite Ministry, and appointed to the minor office of Portuguese Minister in Paris. Those who know the extent of the sacrifices made by M. de LIMA in support of Don PEDRO are astonished at his removal. We have heard that M. de LIMA not only sacrificed the greater part of his fortune to the cause which he espoused, and of which he has been so efficient a supporter, but also made himself personally responsible to others for the advances which they made to enable the Constitutionalists to carry on the contest. We are authorized to state that out of the number of distinguished Spanish Refugees in this country who have been included in the amnesty of the QUEEN REGENT, only three intend to avail themselves of the benefit of that act. ARGUELLES, VALDEZ, and the other patriots who have declined to profit by the amnesty, are not indifferent to the contest be tween the Carlists and the Government, but they are unwillingto give th e sanct i on of their presence to the Bermudez Ministry, lest their apparent adoption of the Cause should retard the important consequences which must result from allowing the QUEEN REGENT to feel the impossibility of putting down Carli sm without a frank union with the Constitutionalists. They are two well acquainted with the resources of the Constitutional party in Spain, to have any dread its to the result of the contest, what ever progress the Carlists may make, provided an appeal be made bp the Government the Liberals ere the administrative means shall ave escaped from its custody. Even if the QUEEN REGENT should be unwise enough to let the reins of Government fall into the hands of Don CARLos, the Constitutionalists would find little dif f iculty in wresting them from him if assured that the principles of non intervention would be enforced fairly, and that the ignorant mass in Spain would not be encouraged in their ' resistance to the just and liberal views of the intelligent portion of the community. The Post of this morning is wild with glee at the idea of the Merchant Tailors' Company having come to the determination not to submit to the " illegal and arbitrary authority of the Corporation Commissioners." Our cotempo rary discovers in this resolution symptoms of such patriotism and courageousness as convince him that the good cause of monopoly is not yet wholly lost. English corporations, he thinks, will yet be persuaded to do their duty, and wax rebellions. We are unwilling to damp the zeal of our cotemporary, but we are yet to learn how a sense of public duty can be recon ciled with an audacious disregard and defiance of constituted authority. The Merchant' Tailors' Company have no doubt as good and serviceable reasons for refusing to cowl . ; w i t h the demands of the Commissin;;,e„, as the Boroughmongers had for re::: istingschedules A and B. Interest was, an:-,1 is, the moving spirit in both instances. iiut even self-interest should teach the company rather to agree to than reject the demands of the Government Commissioners ; for public opinion will not fail to say, " You would not dread exposure if your works were such as could bear the broad, searching light of day." Wherever there is mystery, there is always legitimate ground for suspicion; and that suspicion deepens into certainy, in exact propor tion as the conduct of the parties concerned be comes more and more decided. The brazen hardihood of the Merchant Tailors' Company is the last resource of desperation and conscious misdoing. With the aid of the author of " England and America," we laboured last week to show that if we wished to raise the profits of capital, if we hoped to remove the anxieties of the middle, or, as our anonymous friend calls them, the " uneasy" classes, if we desired to see our working classes of all descriptions educated and happy, if we meant to preserve our present pre eminence in the scale of nations, we must leave industry unfettered, leave each man to dispose of the produce of his labour in the way most advantageous to him, in short, must repeal the Corn Laws. The question we now propose to examine is, whether it would be more advan tageous to allow of the free admission of foreign corn at once, or gradually ? As much as we shall say will have reference to the arguments advanced in the note in " England and Ame rica," entitled " Free Trade in Corn, as a Means of enlarging the Field of Employment for Eng lish Capital and Labour," we think it better at once to quote those arguments : " But here a consideration arises, which is of gre a t importance to the landlords. Two ways of making bread cheap are proposed ; that of suddenly repealing all the laws which restrict the importation of corn; secondly, that of substituting for the present truly whimsical laws a fixed duty on imported corn, and providing that the duty shall decrease year by year until it cease altogether. The ground of this latter suggestion is tenderness for the landlords, farmers, and farm labourers. Give them time, say some of the advocates of cheap bread ; give the agri culturists time, so that the transition from corn growing to other kinds of production being gradual, not even a passing injury may be suffered by any of them. Now, this ' gradual method of proceeding appears to me to be the only way in which the agriculturists may be injured by a repeal of the corn laws ; and the only way, too, in which the other classes could fail, for a time at least, to reap much advantage from cheapness of bread. " First, as to the landlords. Let us suppose that twenty years were allowed for the reduction of bread to half its present price, and that a twentieth part of the whole re duction should take place in each of the twenty years. In that case, each year would bring a fall in the price of bread equal to one-fortieth of the present price. With so slow a decrease in the price of bread, little or no improve ment could take place in the condition of the hulk of the people, because the number of labourers would increase as fast as bread became cheaper ; and thus, though every year there would be more labourers to eat bread, nay even though all the labouring class should eat more bread, the class of labourers generally, who form the bulk of the people, would not be able to purchase more animal food. The price of bread being reduced by so slow a process as to give time for a corresponding increase of people, money wages would fall with the price of bread, and the quality of labourers' food would not be raised. In this case, the increase of demand for animal food would not be more rapid than the increase of population generally. But if, on the contrary, bread were suddenly reduced to half its present price, then, as the labouring population could not increase suddenly, the bulk of the people must be able to purchase a great deal more than twice as much animal food as they purchase now. At present, they buy very little animal food. By giving to the bulk of the people the power to buy animal food, the present demand for animal food might he immediately doubled, trebled, or even quadrupled ; and thus the transition from corn grow ing to the production of other kinds of food might not have to wait upon the increase of population. If the slow process were adopted, a considerable decrease of the de mand for home grown corn might take place, before po pulation had increased enough to increase the demand for animal food : whereas, if the sudden process of repeal were adopted, the power of the whole labouring class to buy animal food being thus suddenly and greatly increased, then the increase of demand for animal food would more or less correspond with the decrease of de mand for home grown corn. In this way, the transition from one kind to another kind of production might take place without even passing loss to the owners of land. If, then, bread is to be made stireap, the cheaper the better, and the sooner the better for the landlords. " Secondly, as to the farmers. These, like the land lords, might suffer from a slow process of repeal, which should cause a decrease in the demand for home-grown corn, without a corresponding increase of demand for other things which English farmers could raise. In fact, what has just been said of the landlords ought rather to have been said of the farmers, since the landlord could suffer only through the farmer's loss. Supposing transition from corn growing to other kinds of production inevitable, the thing which the farmers have to fear is temporary stagnation. The best way to produce a temporary stag nation of farming business seems to be, by enabling the bulk of the people to buy foreign corn without enabling them to buy English milk, butter, cheese, and meat; the only way to prevent such stagnation, by suddenly making bread very cheap, so that the demand for farm produce not corn should at once equal, if it did not exceed, the present demand for corn and other things together." The first thing which strikes us in the quota tions here made is, that the writer assumes that a sudden withdrawal of all restrictions on the importation of foreign corn would cause a great immediate reduction in the price of bread. The facts before the public are far from justify ing that assumption. A comparison of the price of corn at Dantzic with the price in this country, when the ports were virtually open from the Corn Laws being inoperative for a series of years, will show, not low prices but high prices,--prices raised at Dantzic constantly to within 12s. per quarter of the price in London, 12s. being the cost of bringing the corn to England. This was certainly during a period not so favourable to industrious pursuits on the Continent as the present ; but since then population has vastly increased on the Conti_ nent, and we may fairly presume that there will be less and less room every year for an exten sion of cultivation at the same cost AS at pre sent. Granting that there is at present much land in Russia, Prussia, and Poland *hick may be made to produce corn as cheap, or nearly so, as that now brought to market, it must be evi dent that it would take some years before the supply could be made very greatly to exceed its present amount. Capital is necessary as well as land and labour to the production of corn, and of capital the Polish and Russian landlord! are not suspected to have a very large supply. They would be obliged to have recourse to loans, or wait the gradual ex tension of their means, arising from the increased demand for their produce, before they could make much impression upon; the° market. With "respec t to the supply from the United • States, the author of " England and America" seems to say, in different parts of his book, that it will be some time before labour is so cheap there as to allow of any very great exten sion of the supply of cheap corn. 'lt appears too by the evidence of gentlemen examined before the Committee which sat last Session on Trade, Manufactures, and Commerce, that although the price of grain brought down from th e Western States is sometimes very low at New Orleans, yet that at New York and Boston it is frequently at from 40s. to 50s. Such prices as these in the home market will, until an enor mous increase of production takes place, act as a check upon carrying an article like corn to find a market on the opposite side of the At lantic. Whatever, therefore, might be the ad vantages to the labouring classes of a sudden supply of cheap bread, we must confess that we do not look upon sudden cheapness of food as a necessary consequence of a sudden repeal of the Corn Laws. If our argument be well founded, it follows that a gradual reduction of duty would have just no effect whatever ; for the fall in price, which it is its object to make gradual, would be gradual without it. For this reason , therefore, we should not object to gratify those who might fear the effects of sudden repeal by making the diminution of duty progressive, although we should not certainly like the pro• gression to last twenty years. Ten years would be ample to allow as the period which would be required to overcome all the natural obstacles to our getting bread as cheap as we possibly could. If it were not for this impression upon our minds, that corn would not be immediately much cheaper, we should be unwilling to delay com plete freedom of trade in food even for a day, as it is impossible to exaggerate the advantages to the working classes, in a moral as well as physi cal point of view, of a sudden cheapness of food. But although an immediate free admis sion of foreign corn, or its admission at a mo derate fixed duty, would not have the effect of immediately much lowering the price of corn at home, it would have the certain effect of raising the price abroad to within ten or twelve shi hugs of our own. We should thus at once take away the suicidal encouragement we are now giving to the manufacturers of Prussia by forcing them to have cheaper corn than our selves. As these are opinions we have long enter tained, it is possible that they create a bias in us which prevents our doing full justice to the arguments advanced by the author of " England and America ;" but the difference between us is slight, and so we trust will be the difference between him and the agricultu. rists. Already many of them begin to feel that the corn laws have done them no good, and we may hope that a persevering dis cussion of the question will show them how much they have to gain by enlarging the field for the employment of capital in England, instead of contracting it as they now attempt to do. The Scotsman, received by this morning's post, contains alparagraph which gives us reason to expect that it is the farmers north of the Tweed who will be the first to make an open demonstration to that effect. Our Con temporary says— " A respectable and intelligent farmer in East Lothian, informs us, that nearly the whole of his brother agriculturists in that quarter, hive come to the belief that the abolition of the corn laws would be benefi cial to all classes of the community. He states, that so soon as any of the leading characters in Edinburgh move in this matter, the farmers of East Lothian will send a deputation to cooperate with a public meeting of the citizens in petitioning Parliament for the entire repeal of the corn laws, and they are anxiously expecting that the whole of the Scottish burghs will speedily take up the subject." This is as it should be. It is natural that the most intelligent and best educated part of the agricultural community should set the ex ample of having a knowledge of their true interests. When they have discovered the use lessness of petitioning, we doubt not that our neighbours will have recourse to the proper steps to enforce their sentiments upon their representatives. Blink &ter °II V, 11 Nei' (lent. Hee. R7 IA 14 IA per Ceti t. Cons 86 Si 8 % per Cent. 05% 3 A Ditto Red .... - ....... .. ~.'9 5% % 114, 1.!w3}6 per Lent. ...6%14 3 4 4 3 Der Cent, Ann. 17'26 .... - 4"ncr Cent. 1826 , B tnk Long Ann. to erptre Jan. 5,186 P I6N. Oct. 10, 1850 - /an. 5, 181 I) - Jan. 5, 1880 -- Aprlls, 1880 - Jan. 5, 1871 -....- TRICES OF FOREIGN rurrns Austrian Bonds .... 984 Belgian Bonds. 951 E, ‘-', Ditto Account GS N%I Brazilian Bonds 654, Ditto Account 6.53( Buenos Ayres Bonds ...... —IN tsi Ditto Account... ........ v Milian Bonds ... ...... 23 Ditto Acc0unt........„ Coltunbian Bonds ... Ditto Account Ditto Bonds, 1824 22% Ditto Account Danish Bon 4 ...., 72% Dittn Acccunt Greek Bonds Ditto Bonds, 1825. . ...... Ditto Account .....»..,.„,. Mexican Bonds, 5 per cent 27 Ditto Account Ditto, 6 per tent Ditto Account 344 Neapolitan ,„„ t I..CCI.O(:Ktt , :ew 5 per India Stock n4l 4 Ditto ....... 22 24 pm. South Sea Stock Old Annuities New Ditto... ..... ,1 per Cent. Ann. 1751 EL Bills, .£l,OOO 41°42 pm. Ditto .....«.....50(' 4 l -42 pm. !Ditto Small Ditto Commercial ...... —pm ' Ditto AdvelliSed — IBank for Account ......... for Account .....•• f Cons. for Account THIS DAY AT ONE 0 CLOCK. !Peruvian Bonds .... t f p 4 Portuguese Bonds 70% Ditto Account 70161,4 Ditty I , :rew Bonds (VA . Ditto Acconnt (10'N 44 (Prussian Bonds lOl% Ditto Bonds, 1822 Russian Bonds, 1822.,, ! , :lf2y4 1 Ditto Account 10259 Ditto 111 Spanish Bonds, 1821 23 25,', Ditto Ace. Ditto Bonds, 18'A 00% Ditto Account .ON French Rentes, sp. c. —l. —c. ---- Exchange —1 —e. --- 3 per cent —f —c. -- Exchange - f —c Dutch, 2 p. c. 49?4 Ditto Account 49 3 i Ditto, 5 p. c 93% 3 zi Ditto Account 4314 Fcanch Scrip 4 y. pm. FitICES OF SHARES THIS DAT AT ONE O'CLOCK. Paid. Per Share 41 127!4 124 63 2'2 614 4 4 12!‘ 28 Alien Mining Company ii " Anglo Mex. inM. c.o. opts. at 5/. pm ) £lOO Bolanos Mining Company £l5O Brazilian Mining Company £s Brazilian Imp. Min. Co. (iss. at 5/. pro.) £2l) Ditto National no Ditto St. John Del Rey Ditto Cocaes 5 Cata Branca Mining Company I% British Iron Alininv company .... Columbizn Minim Co. 'Ns at 5/. pm.) 51% English Mining Company 12% General Mining Association l2 Hibernian Mining Co Mexican Mining co Real dcl Monte Mining Co....(unreg.) United Alex. Min. Co. (iss. at 21. pm.) 40 Ditto New Scrip 5 Alliance Fire Insurance Comp. ...... Protector Insurance Comp. ...... Australian Co. Canada Company General Steam Navigation Co. l3 National Provincial Bank of England 5 Rio Doce Provincial Bank of Ireland 25 11% 13% 11 V0+; .t 1 5 6 2 pm, 40 MAILS. Arrived. Due. lArri-, e d. Due. 0 America 0 I 1 Hamburg 0 0 Brazil 11 Buenos Ayres 0 0 Jamaica 0 0 Carthagena 0 , 0 Leeward Islands ... 0 I Dublin 0 1 0 Lisbon 1 U Flanders 0 0 Malta 0 1 France 0 ' 0 Sweden 0 Guernsey &Jersey.. 0 1 Waterford HIGH WATER AT LONDON BRIDGE TO-MORROW. Morning —.19 minutes after 8.1 Evening... 47 minutes after 8. efie j ,_ •` t *usti SPORTING INTELLIGENCE. TATTERSALL'S. The room was but thinly attended yesterday, and the betting slack : THE DERBY. 7 to 1 agst Mr. Yates's Bentley (takers) 7 to 1 agst Mr. Watt's Bubastes (taken) 12 to 1 agst Mr. Batson's Plenipo 16 to 1 agst Mr. Chifney's Shelalah 20 to 1 agst Duke of Orafton's Olympic 20 to 1 agst Col. Peel's Bee in a Bonnet colt (taken) 40 to 1 agst Mr. Watt't Belluno (taken) 40 to 1 agst Lord Lowther's Trictrac colt (taken) 40 to 1 agst Mr. Wreford's Frsedom (taken) 1000 to 15 agst Mr. Mills's Old Bill (taken) No others mentioned. OAKS. li to 1 agst Mr. Walker's Cotillon 7 to 1 agst Colonel Peel's Rosalie 16 to 1 agst Mr. Forth's Louisa (taken) 18 to 1 agst Duke of 9rafton's Dublin (taken) 25 to t agst Mr. Grevil l e's Mustard filly taken) Vansittart'stloo 2 Slo was laid ag s t the fillyight filly taken) Prevl"ioustoto3otahgisst A las i t r. b 1000 The Dundee Advertiser gives the following classification of the new Magistracy of that burgh. The Council consists of 21 members, viz. :—Suspected Tories, 2; Whigs, 10 ; Ultra Whigs, 4 ; Radicals, 5. Total, 21. COURT OF CHANCERY.-(THIS DAY.) 11,RAStElt V. iiiIDSoN. The AttoitNEV-dENER.AL appeared in this case, which Walt, by permission, appoin'ed tó be spoken to on the Point of costs. He tinderstood that when judgtifeni *as given his Lordship did net pear disposed to give the costs us against his clients. They came to take the opinion of the Court upon the proper administration of the property. The Court thought proper to act, without precedent, as it considered for the benefit of all parties, and the Learned Attorney-General trusted that, under such circumstaocea, his Lordship would not be pleased to indict the penalty of costs upon his client. Mr. ttOtERS appeared for another party in .the Same interest., and in support of the Attorney f;eneril's prayer. The Loit Cuirrcii.tort said he should consider it. IN At HUMPHREYS, A LUNATIC. This matter was ordered again to stand over, to afford further opportunity of answering affidavits. EN RE EVELYN, A LUNATIC. The LORD CHANCELLOR stated that he had made en. quiry into what had struck him to be a very singular thing in this matter, respecting the practice of the Eeclaiastical Court. The luiaatic bad not been found to be so by an inquisition. The administration vvhili had been granted was an administration which the Ecclesiastical Court was in the habit' f granting to the next of kin of imbecile persons. Saiktied of the condition of the unfortunate individuals, the Court granted the administration during the incapa city, and for the benefit of the incapacitated, upon se cu, ity being given by those who applied for the admini stration. His Lordship was so satisfied by the explana tion given by the Judge below, that he now felt no dffi culty, the lunatic being dead, of ordering upon the pe tition in this matter, the transfer to be made to the administratrix. IN RE FRANLS AND ANOTHER. Mr. KNIORT, in support of the plaintiff, said it was to have an allowance ordered to be made from the lunatic's property to the widow of the lunatic's eldest son. Counsel appeared on the other side. It was more than probable that all the allowances made to the dif ferent branches of his family would be reviewed in a short time, therefore it was not worth while arguing the subject of the present petition hostilely just now. The Counsel on the other side had offered that a certain sum should be paid in discharge of the funeral expenses, and that as much more, with what bad already been paid to the widow, should now be paid to her as would make 4001. since the husband's decease, and with that the widow was content at this moment.—Ordered. SI!AW V. ROSE. _____ • Mr. BEAMS obtained permission to mention this appeal. The V►ce-Chancellor had declared that 30,0001. was to be raised in 20 years by annual instalments of 1,5001. A receiver had been appointed over the whole of the estates. Since the pronouncing of the decree, which was the subject of an appeal, several leases bad fallen in. The property in question chiefly consisted of collieries and mines. In consequence of the falling in of the leases, the appellant, who was the tenant in tail of the greater part, and tenant in fee of another part, was unable to work the collieries with the advantage he otherwise would. The question was, whe ther the 30,000/. was to be considered as a deferred charge upon the property, or whether it was to be con sidered as an accumulation, and void under the et►tote? It was a family suit ; all parties were desirous of having it disposed of speedily; and it was of great consequence, under the circumstances, that the appeal should be ad vanced. The ATTORNEV-GENERAL, on the other side, consented to the advancing of the appeal. Ordered to be on the paper second on the first day of s ittings upon appeals after term. FOLEY TARRY. The question here was, whether a testator, having by his will said—" it is my wish that my dear wife, and Walter Williams, E , q., the grandfather of the said Walter Williams Foley, shall superintend and take care of his edu cation, so as to fit him for any respectable profession or employment," entitle Mr. Foley to be maintained as well as educated out of the testator's property? His Honor the VICE•CHANCELLOR decided that it did, and the present was a motion of appeal against that judgment. It was being argued when we left the Court. ROLLS' COURT.-(THIS DAY.) HARRISON V. NETTLESHIP. In this cage the bill wis filed for the purpose of having it declared by the Court that three bills of exchange, in which the plaintiffs had become sureties for a person named Fuller, one of the defendants, in respect of a debt due from him to Nettleship, the other defendant, had under the circumstances been discharged, and that they might he delivered up to be cancelled. The notes were payable respectively at twelve months two anal three years after date. Nettleship, some time prior to 1827, had, it appeared, carried on the business of a publican at Boston, and being anxious to dispose of his goodwill and effects, entered into an arrangement by which he conveyed them over to Fuller far the sum of 1,4001. for the purpose of giving effect, to which the plaintiffs signed the bills of exchange now in question. The bill charged that in re spect of certain transactions which had subsequently taken place between the two defendants, Fuller having largely supplied Nettleship with ale, wine, and spirits, the amount had been paid ; and prayed an account between the two defendants for the purpose of establishing that fact. Fuller had become insolvent, and an action was brought is 1831 against the plaintiffs for payment of two of the notes alleged to have been unsatisfied. On the occasion of the trial two pleas were put in, to the effect that time had been given to Fuller, and therefore the sureties were discharged; the defendant in that action also asserted a set off in respect of the alleged transactions between Fuller and Nettleship, by which it would appear the latter bad been fully paid the amount of the bills ; and motions for an injunction had been made before both the Vice and the Lord Chancellor in order to stay the proceedings at law, which, however, bad been refused, there not appearing to the Court to be sufficient ground for interfering. The action was tried, the pleas severally failed, and a verdict was entered up for the amount of the bills. The present suit was instituted for the purpose of having the assistance of the Court, in order to establish, by an account to be taken before the Master of the trans actions between the two defendants, that they were dis charged from the liabilities which they had incurred. By the defence now set up, it appeared that the dealings represented to have taken place subsequent to the date of the bills, had been wholly distinct from and independent of the promissory notes; and that in fact, at the time of Fuller's insolvency, so far from being indebted to him Nettleship had other demands against him. Mr. 131cxxasTrris and Mr. BARBER. appeared for the plaintiffs, and Mr. 1 1 E112E8.7mi and Mr. Kos for the defendants. His Hozioutt said the present bill appeared to proceed precisely upon the same grounds with the pleas which had been put in by the present plaintiffs to the action, which had been brought against them at law on the bills of ex change. Those grounds of plea, namely, that time had been given, and claiming that there had been subsisting accounts, the state of which would relieve them from their liabilities, were good at law ; and it was quite competent for them to have moved for an injunction to stop proceedings at law in order that more complete justice might be done by a Court of Equity directing the accounts to be taken between the defendants, and that thus the plaintiff, might have an opportunity of proving a set off. But the motions for an injunction having failed, and a verdict at law having gone against them, it was impos sible, without some new equitable ground, to be relieved against that verdict in this Court. He had no jurisdiction, and, if he had, it would be most inexpedient, after a verdict at law had been obtained on the same legal defence, to give relief against that verdict in the absence of any specific equitable consideration. The bill should accord ingly be dismissed with costs. VICE-CHANCERY COURT.-(THIS DAY.) PEARS V. SHARP. was ln en th ti is tle c d ase tn a p a e f r u so n n ofthe d of I,4 n o a o m of I. e ab s i u l l e u n t ry Sims ely,, Pearsanderthe irriage settlement of his parents. Upon the death of hie mother, the defendant was the trustee of that sum. In 1823 Pears made a settlement on his wife and children, w h ere by he assigned half his interest in the propel 'y to t h em . The mother did not die till 1830 , w h en the fund came i n t o possession, and at that period the hill was filed to have the benefit of the settlement, and calling Upon Mr. Sharp, the trustee, to transfer the fund. The defendant, by his answer, stated that he had agreed with Henry Sims Pears for the purchase of the reversionary interest, and set up his claim to the performance of that agreement. In Angw.t last an order was applied for and obtained directing the defendant to transfer the money into Court. The time for drawing up that order having elapsed a new order was obtained on the 2d of the present month. Mr. TaEsLovE applied this morning upon motion to s t a y the proceedings under that order, upon the ground of irregularity, the defendant having been served with the order, on the service of which he would have presented appeal, but which, by the course adopted by the plaintiff ) he had been prevented fro n doing. His Hogoult dismissed the motion with costs, consi dering the order obtained by the plaintiff, on the 2d of the preient Month ) in the nature of aft order) of course the only reason for not having the first order drawn up in time, being the state of business at the Registrar's Office. Mr. TfLE , cv!; tiusted the Court would nor gwe plaintiff the costs, as, by the 48th order, the defendant was compelled to adopt the course he had done ; and if parties ) in complying with in prdvitioba, stitijetted them selves to costs, the sooner it was repealed the better. . iTALIAN OPERA-ROUSE.-BLICKE V. WATERS. This case came before the Coat coon the netition of the repretentati.fea of Charles Blicke, praying that the Accoun'ant-General might not be directed to transfer to the defendant Waters any part of the sums of 58,0001. and 43,0001. stock which had been ordered into Court in the different causes connected with the Italian Opera house. Mr. Waters granted to the late Sir Coarles Blicke an annuity of 3301., in - respect of which consider able arrears were now due. That annuity was charged directly upon a lynx in the Opera-house and some other property in the hay -market which then belonged to Mr. Waters. The contract contained a covenant that if the annuity should not be repurchased within seven years, it should he charged on any other property, freehold or leasehold, of the amount of the annuity. The annuity was not repurchased within the time specified, and a bill was filed for the specific performance of time con tract, and a decree was made which was now in force against the defendant ordering Waters to provide further security for the annuity in freehold or leasehold property, and to bring the abstract of the deeds of that property into the Master's office. Mr. Waters went abroad, and was now in contempt for not performing that decree. After the execution of the deed, and before the decree, Mr. Waters, by contract with Mr. Taylor, acquired other interests in the Opera-house, and afterwards, in the course of the Opera-house causes, the entirety of the Opera-house was sold, and the purchase money of that property was the fund now in Court. Mr. KNIGHT, who appeared for the petitioner, con tended that the money in Court not only representing the original but the acquired interest of Mr. Waters, the peti tioner was entitled to the order be asked. Mr. PEPYS, for the defendant, submitted, that the order asked by the petitioner could not be made, there being no lien on the property represented by the money in Court, inasmuch as the lease on the opera-box on which the annuity was charged, expired in 1814, and the pro perty in the Haymarket on which the annuity was also charged was not represented by the money in Court. The only question was, whether the covenant relative to the new repurchase of the annuity within seven years gave a lien, which the Learned Counsel submitted it did not. His Howouw, considering a supplemental bill ought to he filed, ordered the petition to stand over for a week for that purpose. SITTINGS AT LINCOLN'S' INN. In the course of the morning His HONOUR intimated his intention of sitting at Lincolns' Inn this day week, and the five following days, for the purpose of hearing motions. KING'S BENCH.-(THIS DAY.) The LORD CHIEF JUSTICE did not sit to-day. OPPV V. LORD DE DUNSTANVILLE. Sir JAalas SCA RLETT said this important case had been fixed to be argued on 'Thursday, but, as it was found that from the numerons documents which were required from the Court of the Duchy of Lancaster, the contents of which were necessary to embody in the affidavits, they could not be got ready in sufficient time to bring the case on as perfect as it ought to be, he therefore suggested that the best course would be to postpone it until an early day in the next term, and, in the mean time, his friend Mr. Follett and their Lordships could be furnished with extracts from those documents, which were not to be found in printed books. Mr. FOLLETT said he had no objection to the course proposed. The Court ordered the case to stand over until next term. TILLADAM V. THE INHABITANTS OP BRISTOL. This was an action by the executrix of a party deceased o recover compensation in damages for an injury com mitted to certain premises, furniture, fixtures, &c., during the unfortunate riots at Bristol. By the Act of the 7th and Bth Ge IV. cap. 31, which gave a remedy against the hundred or district for damage done by rioters, it was necessary for the party damnified, or his servant or servants having charge of the property destroyed or damaged, within seven days after the offence was committed, to go before a magistrate and submit himself to an examination, and to state on oath the name or names of any of the offenders, if known. In this case it was sworn that none of the names were known. The case came before the Court now upon demurrer. Mr. Sergeant COLERIDGE, on behalf of the plaintiff, submitted that all was done which the Act, either in law or equity, required. The party bad gone before the magistrates within the period that was limited, and made the necessary affidavit. He then within the tilt ee months necessary for bringing the action, sued out a writ to recover compensation, which was fixed at 1,0001. Pend ing that action, the party whose name was Trevell died, leaving the plaintiff his executrix. The defendants pleaded not guilty, and also a plea to which the plaintiff had demurred, and upon that demurrer several questions arose. That plea was no answer in law to the plaintiff's right to sue, for although it might be true that the plaintiff had not brought her action within the three months, yet the real party—the deceased—of whom she was the representative, had sued out the writ within the three months, but could not prosecute it in consequence of his death. The first question was, as to what was done before the Magistrates. The 3d sec. of the 7th and Bth Geo. IV. chap. 31, required the party to go before a Magistrate and make oath of the names of any of the off:nders if known ; that he bad done, by stating that he knew none of them. That was objected to by the de fendants, as not in conformity with the Act ; but the Learned C iunsel contended, on the authority of several cases, that the Act, which was to amend former Acts, was to be construed liberally towards the party injured, and that the declaration in that respect was good. An other point arose on the 2d section of the Act. It was there stated that the party damnified should have full compensation from the district, hundred, &c. The plaintiff certainly was not within the strict words of the statute, but in equity the compensation should be full and complete, and not confined to the mere building, but to furniture, fixtures, &c. It had been so decided in several cases. In many of the former statutes the com pensation was limited, that was, it was rather penal than remediable, but the last Act took away many of the cases of remedy, and at the same time extended it in others; so it had been several times decided, and it had been held that, by the late Act, the party was entitled to ample compensation. The next point was, whether the plaintiff was entitled to recover, she being only the representative of the party injured, the Act of Parliament not containing the words "executor or executors." That, certainly, was an omissio❑ in the Act, but it had always been held that the executor stood in the stead of the party himself, for the injury to the testator was an injury to the representatives. Upon all the points the Learned Counsel contended that the declaration was good i❑ law, and therefore that judgment must be entered upon the demurrer for the plaintiff. Counsel for the defendant having replied, and contended that the declaration was bad in law, The COURT consulted together, when Mr. Justice J. PARKE observed, that it did not appear on the face of the declaration that the action had abated by the death of the testator. He intimated the opinion of the Court, that, in consequence of that fact and some others, it would be better to withdraw the declaration and amend it. This course was assented to on the part of Mr. Sergeant COLERIDGE. BAIL COURT. Mr. Justice LITTLEDALE on taking his seat in this Court, requested that any of the Counsel who bad motions to make which involved any points upon the new rules of practice would make them in full Court, in order that satisfactory decisions might be had upon them, otherwise, what was done by one Judge in one term might be over ruled in the following term, and that would lead to great additional expense and much confusion in the practice. THE KING V. JONES. Mr. GODSON moved for a certiorari, directed to the coroner for the county of Flint, to remove the depositions in this case into this Court, in order that the defendant, who had been committed by him for manslaughter, might be admitted to bail. His af f idavit stated that while with his wife and family walking in the town of Denbigh, he met the deceased John Williams, who was intoxicated ; that Williams without any previous altercation, violently as.aulted him several times, and used the most insulting language, saying, " Will Jones, you are the ma❑ who transported Owen Herbert, and I will be revenged on you." The defendant denied that he had done so, hut that the law had done it. The deceased continued his insulting language, and at length the prisoner, being exasperated, struck him a blow which knocked him down, and he instantly expired. The prisoner swore that he gave that blow under the impulse of momentary passion, the hat he had no previous ill will or malice towar d " deceased, and that he sincerely regretted the occurreno, He also stated, that the only object he had in being , r t mitted to bail, was that he might be enabled to "Prior his family, who must otherwise go to the parish relief, wse Mr. Justice Ltrrt.xnatt asked if the applicatl e° for a habeas corpus. b t e ,ireplied• • the nec•ative, saying Mr. Gonsosf repi ; d fendant was too poor to defray the expense of a -111 , e g o to London. if the depositions were before the Ce d , r t t he appliCation could then be made to admit him to !Oi l " . country., The certiorari was then. ordered to issue: THE ICING V. THE JUSTICES OF C O E STEF , Mr. COTTING I I AM mov e d f or an d o bt a i ne d a rale . o . for a Mandamus, requiring the defendants to hold r 1 1„' sions for the p ur p ose o f p ass i ng th e accounts o f t h e oer r , d —e io of a parish in th a t count y, th e J ust i ces having !T ills— , 11 pans the accou n t s on th e groun d t h at t h ey were ° signed by one overseer. 111 k Knic V. COOMBE AN23 OTHERS; a te; The defendant, Mr. Coombe, and an attorney 11 , ° Ale peS veral other perso ns , h a d b een i n di cte d at t h e 10°' 1 ,bi Sessions for conspiring to take Mr. C. Pitt, of the' in execution. r e Mr. BUTT applied for and o bt a i ne d a certiorar, to move the indictment into this Court. _ _... COURT OF EXCHEQUER. -(THIS jiltlt') (Sittings in Banco. ) V. MELTON. t he Mr. MILLER appli e d f or a ru l e to s h ow cause w''' " eo verdict, which - f. ,he pia' dam ...ach was for the plaintiff, with 50/. - s oit should not be s e t a sid e , an d a new tr i a l h a d , or a OP entered. The trial was had la s t wee k b e f ore M r . Baron irau'ob Del It then appeared that the plaintiff had lent sums of ID at, to Melton, th e e ld er , f or w h om hi s son, t h e d e fe'li c li acted as attorney. A cognovit Was given ) upon W judgment was entered up, and the then defendant het and put in th e Fl, et . Th e p l a i nt iff' s attorney was l(or to charge him in execution, the time having arrived 00 that purpose, and hail the papers prepared and laYilig be his desk one d a y, w h en th e present p l a i nt i f f came into tit office with Mr. Hill's son, with whom be was i n tiul e r acquainted, and see i ng th ose papers , as k e d t h at his 61 0 , should not then be brought up, as it would expose li j r . tiler, and detainers would be lodged against him. b it Hill said he should h ave no o bj ect i on if h e obtaincooe father's consent to take no advantage of the delay. , be plaintiff went aw a y, an d w h en h e returne d he folu), had then g o t i t , an d wrote a consent, b ut the ate terial words, " by t h e consent o f t h e pr i soner ," r r , omitted, which r en d ere d it nu ll. Old M elton, next te,e applied to th e C our t, an d was re li eve d , on accoun t of be , delay in ch arg i ng hi m i n execut i on. T he pla i nt iff t r brought his actio n aga i nst t h e d e f en d ant for t h e escs by which he had lost the benefit of his judgment. , t he Mr. MILL ER comp l a i ne d o f t h e m i sd i rect i on °I tip% Learned Judge, of th e recept i on o f a document pure r t ry to be a copy of an affidavit sworn by the plaintiff, o ' l l ,o dieting what was sworn to at the trial by Mr. Hillr son, and his clerk, viz., that he never represented to 1 0 , 0 that he had his father's consent, and that the verdict against evidence. The Court granted a rule nisi for leave to en . er a rl suit, also why there should not be a new trial. Mr. Sergeant MEREwEaTHEn. also obtained a 1 1 ' 4 , 01 for a new trial, on the ground of the small arnou°',o dainaaes, the judgment being for 1,0001. and the t 13113.' ' only 50/. COMMON PLEAS.-(THIS DAY.) (Sittings in Banco.) SMITH V. . The Court was occupied up to FIELHIR the time our rq 0 Or left in hearing the a rgumen t s o f C ounse l on a rou°s.,oll set aside an award in thi s cause , w hi c h involved que only interesting to the litigant parties. THE MARKETS.-(THIS DAY.) HAY M A RKETS.—( At per Load of 36 Trusses.) CUMBERLAND. tb ill . 'Best Meadow Hay 25., Clover H a y s s . per l oa d highl eo tel , last quoted; prices otherwi s e s t a ti onary. Supply moiler good, and trade dull. 0 10 Ccarse heavy Lowland Meado w H a y £3 6to 410 NTew Meadow Hay .. 3 15 4, 0 Useful Old Ditto 3 15 4 1 , 0 Fine Upland Meadow and tlye.grass Hay 4 5 5 ` Clover Hay Oat Straw £1 6to £1 8 1 Wheat Straw... 1 8 SMITHFIELD. Sum:ly moderata, trade dull, and prices stationa* £3 t Coarse M neavy Lowland Meadow Hay £3 oto 4 ; y 3 10 New eadow Ha Useful Old Ditto 3 5 3 I A 9F ne Upland Meadow and Nye- grass H ay ..... Cover Hay (extra fine)...Cs s... Generally 0 A Straw ... 1:1 4to .C 1 6( Wheat Straw 1 8 THE FUNDS.-(THIS DAY.) CITY, T ii/EL VE 0' CL OCX t i from ß Madrid yti'eF to the mail rench t o 6th November this morning, whichw e s have tate atchcaotlher capital enjoys p er f ec t t ranqu illi ty , as we ll as the o, e provinces, with the exception of those of the 'P e p; which will soo n b e b roug h t to or d er , as t h e Govern have sent orders to G enera l S aars fi e ld to procee d ag° o the insurgents without waiting for reinforcements. e l The information from Bayonne states that Cl s r , Lagreno has joined G enera l Stanfield, and that the e lists at Vittoria hav e b ecome a l arme d, f ear i ng those t General, are coining to attack them. ,/ Extract of a lett e r f rom Chambery, dated Nov. " More than 2,000 troops have proceeded to reinforcecoo garrison of Savoy, which will mike its number a s men, infantry and cavalry. Thi s measure i s l oo ked tlr ele as a prelude to numerous arrests. It is stated tbo,oo Sardinian Gov er n men t h as rece i ve d i n f ormat i o n t ) ,' unfavourable uature in respect to the state of Savoy The exj THE FUNDS. P-- ,ght press from - aris this morning has broti 00 0 hers from Bayonn e o f th e 13 t h i nstant . Th ey s tate t he a corps of 800 Carlists had entered Iran, and that t he communication with France is again interrupted, et e efs Carlists occupy the whole extent of the country betw te o f Irun and Tolosa, an d k ee p S t . S e b ast i an i n a 'tad the blockade. Nothin g cer t a i n was yet k nown re . pe ctll4 mo Consols opened at the same price they left off yes! -e r ,, 88 to I t} for the Account, with scarce a bargain doloe Nothing doing in the Foreign Market. HALF-PAST OS;0 11 We have a re p or t t h at accounts are i n town of redolo troops having b een d e f eate d ; b ut we h ave not b e e° to ascertain any particulars of the battle. 00 The Consol Market has been during the whole °. AO' morning at 888 for the Account, and for January count SEta, with little doing. e e. In the Foreign M ar k et S pan i s h S toc k an d Poreerott i; have receded owing to the above report. Spanish ei Portuguese 601 ; Dutch 491 1; Belgian 95 Brazil 651 66. THREE O'CLOO Consols for Account, 881. 'ORC eel OLYMPIC THEATRE.—The piece prodli c im last night at the Olympic Theatre, under the title of o f Beulah Spa, is a humorous trifle, which sets all O r the house in good humour, and was announced for reillie tion amidst very general and deserved applause. pp points of the piece are two lubberly boys, acted bY t hero KEELEY and Mr. COLLIER, the pets of their S j ;IP with whom they are p atterns o f enchanting sitxlPh.'ocreP although with ev e ryb o d y e l se t h ey are intolerable "toi, All this part of th e pi ece was we ll p l aye d , an d ve ry ing ; but a greater charm is in Madame V xsTia c, 1 0 1 acts first the part of a lady, and next that of a mito tr : o 4 the Beulah Spa, in which she sings very prettily 6 that is not very pretty. U Pi Of C' ADELPIII THEATRE.--Last night an g - 10P ratical Burlesque Burletta" (w e quo t e th e phrased ea st the bills) was represented for th e fi rs t ti me at this W ei , The Butterfly's Bull, is, we und e rstand, f ro m the P p ' e to Captain Addison. The s u bj ec t i s a difficult ° dramatize; but still, we think, much more migh t o ° been made of it than was manifested in the piece to 0; night. We have, how ever , no r i g h t on t hi s point v ijer ) press any decided opinion, for it could not but be e r d to all that the tissue of vulgarity and nonsense tlit e , h O ° A Mr. JOHN REEVE, in the guise of a Jealous liP c ' e etil; of the principal parts in the piece, could have p ro r ee o 'f from no source but his own brain. We are quite e to make every fair allowance for the d e g at e eri ° l license into which this individual's zeal, in . e to o° 1 ;, for the somewhat depraved taste of the galleries, ti fre to lead him ; but still est modus in rebus, sun! ci f ora l ! and of this fact Mr. J. REEVE received a p rac tical O v n „ ii ifitP: tion in the very proper biases of the au di en ce last e 0/ 1 " The only perfect perforsnance through o ut the P iec jef i g: an e xtremely x t a re s m a ell io p s i e . e b tt u y d da in nc t e h t e l b a ill s B l , iss l ß t os w z a , s pr o o n r l x i t regl icl e i nat e neat and elegant affair, and w as great l y applauded. sillgj, EXTRAORDINARY P RODUCTIO N. f fl e r , pea, grown in the garden of Mr. Abner Malin , . l o , : er ditch, this summer, pro d uce d 2 4 0 po d s , in w i n iior ce ,i 1,116 peas—measuri ng very near l y a pint.--• Herald. I tid c ane I ii 4 0 Corm