The Sun. — London, England, 1821-11-05 00:00:00

6 CI • • ./frrel6/7073tv-,:. ,-". -T -5 1 . 4. . . , , •';‘ . ..7, 3 3, ,, ' iv i, t. (4.44 y c.".. i,,4-( L-L-LJ ~..q . .... ...id . , ,;(; I", _f .A . , if /i / ~ f i f /J f 6/1' 171 ~. ~. IC? NumLLn 9109.1 MONDAY, NOVEMBER 5, 1821 PnicE SEvhNi,tNtt. CON7'li.--IC7' FOR BRICKS. Navy-Office, Oct. 30, 1821: TR E PRINCIPAL OFFICERS and CO M ..IIIISSIONERS of HIS MAJESTY'S NA FY do 4 e''e s .9 give Notice, that oil THURSDAY, the Bth of No vember next; at Otte o'Cloch, they will be ready to treat with such Persons as may. be willing to Contract for supplying. his 4 1 1alesty's Yards at Deptford, Woolwich, and Sheerness, with BRICKS. 4 Form of thc Tender may he seen at this Office; No Tender' will be received after One o'Cluck on the day of 24reaty; nor any noticed, unless the party; or an Agent for him, attends. LAW INTELLIGENCE. son • why a Court of Equity should not pro tect Mr. M. in the enjoyment of a work which he had a right to consider as his exclusive pro perty, inasmuch as he had originally been indUced to lay out a considerable sum of his own money upon the express assurance, that if his specula tion succeeded; it was to be for his own benefit. The Learned Counsel' prOceeded to argue, that though there. had - been no legal assicinment of the original scoilright, there, was an equitable as signment equally binding. He was in the course of referring to cases upon the subject . , when his Lordship 'desired that the further hearing might be deferred till .Monday. - - Ills Lordship rose at half past twelve, for the purpoSe of 'receiving the Lord Mayor. o'clock, at Chambers; to transact the usual chamber business, instead of attending there in the evening as formerly. COURT OF CHANCERY, Nov. 3. COOKERY.-munnAyV. RUNDELL. Mr. Hou.NE moved on the' pM:I of Mr. Mur ray, the plaintiff', to discharge an order for an injunction, granted by the Vice-Chancellor, at the instance of Mrs. Eliza Rundell, to restrain him from publishing a work which treated of matters certainly of great linportance to the com forts of society. COURT OF COMMON PLEAS, Nov. 3. • SMITH V. MINT-. This was an Action brought by the plaintiff, a Clergyman, who keeps a school in the vicinity of London, to recover 471. from the defendant, a Lady generally residing in India, for the education and clothing of her two sons, during the time which the plaintiff contended, by thezegulatiOns of his school, he was entitled to charge. The principal question at issue between the parties was, whether MrS. Hunt had given the quarter's notice of her . intention 'to remove the children, She had, it seemed, given a notice to that effect when the children return, ed aft& the holidays ; but it being delivered within the current quarter, the plaintiff insisted it did not comprehend the clear quarter's notice which he was entitled torec,uve. After Mr. Serjeaut LENS bad opened his case for the plain tiff, and Mr. Serjeant VAUGUAN was heard for the defendant, Chief Justice DALLAS inquired- whether this cause could not as well be settled by a reference to sonic Gentlemen at the bar. The Leached Sergeants at both sides expressed their readiness to attend to his Lordship's suggestion.---The Jury then found a verdict for the plaihtiff, subject to a reference. LORD CHANCELLOR—Not a book upon law, I presume. CQUIZT OF laNG'S DE CH, Nov. .Evert, Tender ?Mot be accompanied . by a Letter ad dressed to the Nue!, Board, and signed by two responsible 1)684 - 1 u,"enga,.zing' to Leconte bound with. the Person tend er- ing, in the Sum of 5001." for the due performance of the Ctuttract. OFFICE OF ORDN4NCE, Oct. 26, 1821: T"E PRINCIPAL OFFICERS of His , 41A JESTY'S ORDNANCE do 'hereby give Notice, that Proposals will be received at their Office, in Pall-Mall, °n or before Friday, the 9th of •Nommber next, from such P "`"'" as may be w ilti ng t o undertake the. Supply of Two Ilanaired and Fifty Ckaldrons f NEWCASTLE COALS for service of this Department at . 611311:N1,T 411.. Part hc7. Particulars, together with the Terms and Con ditinns fif the Contract,' may 'be known at the Secretary's Office, in Pall-Mall aforesaid, any day between the Hours of 2 of and Fouro'Clock, where the Proposals must be delivered, scaled "Pp and endorsed " Proposals for Coals," but noPro- P ° "ats can be admitted after tlic Ilth of November next, at Twelve o'clock at NOO7I of the sonic Day ; neither will any lender be noticed, unless the Party making it, or au 4geut In his behalf, shall attencl. By Order of the Board, 1?. 11 CflEff', Secretaro. VICTUALL ING-OFFIGE, Oct. 26, 15 , 21. TUE COMMISSIONERS f or VICTUAL LING In, 21.1.4JEST}"S N IVYdo hereby give No tree' that on Tuesdau, the 6th of November next, they will be ready to receive Tenders in Writing (sealed up), and treat for Yity Thousand Gallons of \VEST INDIA RUM, of the strength of 5 Pir cent. under proof by Sikes's gydro meter. P i , e Thousand Ells of CANVAS fOrPUDDING t° be answerable to Samples to be produced with the Tenders. -( ans of BUTTER. ` 14 ( 1 Twenty Tons orCHEESE. 7 ° be delivered into his Majesty's Victualling Stores at v illa, in th e space o f O ne Month, an d to b e p a id for by ' ll4, Payable, without interest, sixty days after date. • The t. , Conditions of the Contracts may be seen at the Scare , tee, . .;s sh a ll r o e t g r' lol l be had to any Tender in Wilit'fi the Price in 'erird in words at length; or that shall not be (;':"; ed to tl 'e Board before One o'Clock on Me said tr A c 4 -a ll' the 6th of November next ; nor unless the Person '" ."" 14 'cr th e Person on his behalf, attends Tender, or some to a it,s reer n yi„, tt c a , eet or. PUBLICATIONS. Da p, T ln Tw o vonmeTs,his 2:no y . :i was s. üblish i,,,ards e , d or calf HE LIFE - and ADVENTURES of GUZ .d ' N AN )' LFARACHE, or the Spanish Rogue, trans '. fro SAGE. By JOHN H. BRADY. tinVe congratulate the Public non the addition which M . r. ouy has made to their literary ° amusements." " This is S. the m ost amusing works we know. " —( E uropean Ma ,tine May 182 I.) E d. ‘,l%lr. Brady has executed his duties as a Translator with „ New Monthly 'Mag. 1821.) of ,1 'Pr‘ansiator has produced a very entertaining version the adrentures of that prototype of adventurers—the ' p alier .Gozman."—(Literary Gazette, Ist Sept. 1821 ) c and Co. Patermister , row; and J. M. Richardson, This Day was published, 1 ' 4 5 Second Edition, price :is. in boards, of Volume the First r t i llE 'VILLAGE PREACHER, a Collec ,tue fiats tit short, plaits Sermons ; partly original ; partly ted, and adapter( to Village Introction. p 13 1 Y a CLERGYMAN of the CH LACH of ENGLAND. elites! for F. C. and .1 nton,Saint Paul's tiro, y i mid No. 3, Waterloo Place, Pall Mall. This Day were blished, Pric e 3s . 6d, in board‘. the pu Second Edition, of W a t MONS ott the DUTIES of CHILDREN, j. G as set forth in the Catechism of the Church of England. se 4 1 ,.. t . he Lore of Goo-2. On Public Worship-3. Th e Ob. to P ale of the Sabhatb-4. Duty to our Neighbour-5. Ditty Tru e 'tts--6. On B ro th er ly L ove -7, 'O n Ch ari ty -8. On Pleas n ' Ti sdons-9 ' On Eri! Speaking—Rl. On the Lure of 11, Onßaptisiu—t-i. On Confirmation. Print A By .a LADY. Ch urch .. for F. C. and .1. Ilirinton, No. 62, St. Paul's and 3, Waterlogi-placc g . fall Xl t ri e This Day was m puhli d hed, • , tly print e d in Four Volues, edicated (by permission) "her Royal Highness the Duchy.Ss of Gloucester, price llts its hoards t. ERALINE; or , OPPOSITE PROCEED- ING'. By LiETMA mATILDA tiAwKiNs. arPdrinated for F. C. and 3: airing-too, 62, St. Paul's Church yard,ad 3, Waterloo-place, Pall-Mall ; sold also by T. Hook- IS) Old Bond -street. A Of whom may be bad, by the same Author, itiuti,ew remaining COPIES of THE couNTEss and GER v_ "E, or Modes of Discipline ; the Second Edition, in A oli• Eleo : 11. ifis. 11. 7nsd. ROSANNE, or a Father's Labour Lost, 3 Vols. Bra. I This Day was publi s h e d, n Oct price 10s. Vic. in hoards, a Third Volume, of itIAMILIAR. SERMONS, on several of the „, Doctri nes and Ditties of the Christian,R e li g i on . k - uY the Rev. WILLIAM BARROW, LL.D. & F.A.S. "ndary of tbe Collegiate Church of Southwell, and Vicar of Farnsfield, in the County of Nottingham. rutted for F. C. and J. Rivington, No. 62, St. Paul's I.llurch yard, and 3, Waterloo Place, Pall Mall. 1 ,, Of whom may be had, by the sme Auth b.; ue two first Volumes of the Familar a Sermons, or, in Octavo, r •, e , Is. Pik • • ',-.avrb. 'l"ilar D issertations on Th eo l og i ca l an d M ora l su bj ec t s . 10s. ed. 4e /k . .'say on Ed ucat i on ; in which are particularly consi moll! the In Merits an d the Defects of the Discipline and Instruc our Academies. Second Edition, 2 vols. 121 no. 95. SUBSCRIPTION , . , For the RELIEF of the WIDOW and CHILDREN of the late CAPTAIN HENRY HALES, ~_ Of the Ship O F F LEY , S ou th ern Wh a l e r of London, - Who with the Second Mate, and Boat's Crew, were inhumanly MasS'acred by the Spaniards, on the Island of St. Maria, Coast of Chili, on the 2-Ith of February last, under circum:- stances of the most aggravated barbarity, by which deplorable event' his Widow and Orphan Children are left entirely des, titute of the means of Subsistence. - rr4I.IIS Melancholy C a t a st ro ph e occurred on a IL voyage to the South Sea Fishery,—Captain HALES sailed from England iu the Ship Offiey, about the month of passage,oober 1820, and i i j u i nl l l B l 2 aLin ~ doubled Cape Horn, after a rough which is f i s F u e n b i ru n uninhabited, on abouton h t } J oe p cA u .o t aass i t. n , into the Chili, to Island r o e f . fiSt.t_. O M n a 7 1 1, several men were seen on the beach;`and - Capt. Hales supposing them to be Spania - cds, who had come over from the Main, went on shore with his Second Mate, Armourer, and four Seamen, armed, for the purpose of procuring fresh provisions. The party was seen to land, and join the Spaniards, with appeared to be very friendly with them; they shortly afterwards retired from the beach to gether, and it was supposed that Capt. Hales was in treaty with them . for provisioris, and was gone over to die South Bay to lout.. at them. ToWards tildßAtt, the.Cap.tniu not-having re turned, the crewhevarne alarmed and a boat was despatched to search for them, which returned with information, that on their approach, several strange men were seen .on the beach, and from their movements more were supposed -to be concealed, and it being near dark, it was deerried most prudent to return to. the ' shin - without , venturing to land. The . following morning no tidings having been received of the party on - shore,_, at. day-light the Chief Mate manned and armed two boats,• for_ the . purpose of endeavouring to find' them ; on coming War:the shore, they • perceived a man naked, sitting on the beacli f and on landing, discovered him to be ;Thomas Moore the •AnnOurer. ; covered with blood, and severely wound ed ; he was perfectly sensible, and informed them, that on their first landing, the Spaniards appeared to be friendly, giving thein bread and .meat, and induced them to, accompany them some distance from the shore; where they were suddenly sur. rounded lir40!:or• 50 men armed, on which the Captain re solved to return to his boat, which was refused, except on con dition of their delivering : up their arms—They were compelled to comply with these terms.—The Spaniards then treacherously bound them; two and two, and carried theni about three miles into the island, and when dark, brought them back near to the beach; among some bushes—stripped them—and cruelly stab bed thesis in cold.blood, himself alone surviving, whom they left for dead, he .having received 23 wounds in.his body, and two sabre cuts, ' one on each side of the neck. He was perfectly sensible, and was immediately taken on board, where the Sur geon examined him, and found his wounds mortal. The boat had no sooner returned,..than a number of men were seen com ing towards the beach, and soon afterwards a man presented himself dressed in ,the Captain's clothes, waving his hat fel. a boat to come on shore; he was accompanied by three or four, who appeared to be Officers in green uniforms, with cocked hats and sabres ; others were discovered from the mast head lying behind the beach. The lender of the party appeared so much like Captain Hales; that the Armourer was questioned whe ther he was positive that the Captain Was killed, when he assured them he was, and' that the Captain or leader of the Spaniards so much resembled Captain'Hales, that he had remarked it when on shore. The Offiey immediately weighed anchor, and stood 'for Conception, and at 5 P. at. the Armourer became much worse, and it 9 the same evening died.—An instance of more .atrocious barbarity, perhaps never. occurred i Capt. Hales, the Second Mate, Armourer, and four men perished, in this most inhuman t:ansaction ; Capt. HaleS has left a Widow and seve ral Children totally destitute of the means' of subsistence, to obtain which, .this appeal is made with confidence to the bene volence of the Public, convinced that they will humanely con tribute to the relief of an unfortunate family, who have been deprived, by this unforeseen and calamitous event, of their only support, and who have thus been reduced from respectable and comfortable 'circumstances, to the greatest poverty and distress. SUBSCRIPTIONS will be thankfulli , received by Sir JAMES ESDAILE and Co. Lombard Street ; "B. I. LINTRORNE, Esq. Austin Friars; W. CURLING, jun., Esq. 10, George Yard, Lombard Street; Messrs. CURLING, Youxa, and Co.. Lime house; and at THE SUN Newspaper Office, 112, Strand. Curling, Young, and Co. . . . £2l 0 0 William Mellish, Esq. . . • 10 0 0 Samuel Enderby, Esq. . . . 10 0 0 D. Bennett and Son , . . . • 5 0 0 J. Gale and Son . . ' . . 5 0 0 -Hill, Boulcot, and Hill . . . 5 0 0 Hayman, White, and Co. . . 50 0 Domett and Son - . . . • 5 0 0 . Blyth and Sons . . . . 5 0 0 Brunton and Co. . ' . • . . 5 0 0 The Sun Newspaper . . • . 5 0 0 George Brown, Esq. .. • . . 5. 0 0 Thomas Ward, Esq. . . . . -5 , 0 0 Cox, Kelly, and Young . . • 5 5 0 Mr. Sturge '.- . - • ' • • 5 0 .0 , Mrs. IL Curling, Camberwell . . 5 0 0 W. Curling, sen., Esq., Blackheath . .. , 5 0 0 T. B. Oldheld, 14sq. . . . 5 0 0 N. Atcheson, Esq. . . • . . 3 0 0 R. S. Atcheson, Esq. . . . . 2 0 0 ' William Williamson, Esq. . . . 2 0.0 John Haikriess, Esq. . • • . 1 0 0 Henry Wilkinson, Esq. . . . 1 0 0 To T. TAYLOR, Esq. N 0.9, New Bridge-street, London. HoNovara, Sin, IL-BEG- leave to inform you, -that ever' since the year 1790, Lhad been afflicted with the Lues Venereal, which, from its obstinately resisting,every course of Medicine prescribed by the most eminent of,the faculty here, and un dergoing severalsevere courses of salivation, and twice dis charged from the Hospital with little relief, would appear to be of the most inveterate nature. In the spring of last year my aisorder had got to such a head, as nearly to put a period to my existence—l had a large ulcer on the crown of my head, one on each arm, and my legs were broke out in a frightful manner ; my right was dreadfully paififul, and had been in a state of ulceration for the last seven years ; my left had also two large nodes en it, was very much discoloured, and gave me such excruciating pain,.. particularly when.warm in bed, as nearly to deprive me of rest ; iu this lamentable state, I was recommended by 'Mr. .1. Thompson, (who received so great a cure by them here), to take your Leake's Patent Pills, which I began to do on the Stith o. May ; in the course of a fortnight I began to receive benefit—iu little more - than a mouth the ulcers on my head and arms were soundly healed— soon atter, the sores ors my legs healed also ; leaving, how ever, considerable discolouration in Vie skin, and pain in the hone of the left, which, by the blessing of- God, and a little longer poseverance in your invaluable Medicine, subsided ; the nfides . distiersing, the skin regaining its natural line, and the nocturnal paini gradually going off.—l thus became,. by your liberal advice and.nredicine, perfectly frec.froni 'all my former •coniptabits—have recovered my former spirits and strength, and am become jolly and fat, in which state haviug continued litany mouths, to the astonishment of all who knew n.e, I am at a 10S in what terms to express my gratitude, hut beg you, for the amid. of other suffering mortals, to make this my case as• public as possible, as I shall on every ucca sion ; in so doing you will greatly oblige, Sir, your grateful, obedient, very humble servant, ALEX. MUMMA Swan's Close, Iligh-street, Edinburgh.. • Witnesses to the above Cur::-- John Thompson, - No. Z-5, New Poultry Market, Edinburgh, John Wintosh, Ql4 Assembly Close, Edinburgh: • Prepared and sold by the sole Proprietor', THOMAS TAY- Member of the Ecyal .College of Surgeons, at his house, No. !I, New Bi idge-street, London; whet e, after a constant residence of snore than 40 years, in a practice parti cularly directed to the cure ot Venereal Complaints and those incidental to the flirts uf Generation, with that inviolable secrecy which men of his profession should always oireerve in such eases, he Hatters • 'himself the advice and assistance he gratnitousle administers to persons taking this Medicine, will be esttonea, by a discerning Public, as an advaitage seldom attainable, and of a Li ambiguity. Also sold, by hil appoi 3tment, tor the convenience of those living at a distance, at thicToyshop, No. Oxford-street; Mr. DishoroUgh's, No. 7, Fish-street-hill • Mr. Baxter, South-bridge, Edinburg)); Mt. 's, ; and of one person in every considerable to NII in Great Britain and Ireland, in boxes if only 9d. each, stamped, and sealed up with full and plain dim Lions, whereby persons, of either sex Maycure theasseltes wills ease, speed, secrecy, acid safety. _ Mr. IloaNc—lt was a book on the Science of Cookery - and the Art. of Carving. In 1805,. Mrs. Rundell, a lady of education, having collected and . composed _a great nu mber of receipts in cookery, conceived that she could not better promote the interests of ,tlA,public, than bade, voting her labours to , . its se ice .This she de termined to without the most dinkni view of any pecuniary remuneration. Her only object - was to make the book find its way into the world, with that sort of eclat which was calculated to insure its becoming fashionable ; and, therefore ; • her first work was to find out some person through whose auspices she could introduce it to the west end of the town. She had the good ' fortune to find a gentleman of all others- the - most likely to promote the circulation 'of her literary labours on this • ancient and important art and mystery. -Upon the shelves of Mr. Mur ray it would be the companion of the works of the most celebrated poets, historians, and sophers,. and -with' them she fancietbit would de- . scend to 'posterity. This to- an author, and a female author, actuated by the laudable vanity of seeing her work so ushered forth to general at tention, was sufficient reward. She presented her work to Mr. Murray in 1805, upon his under taking to publish it at his own expence and risque. At this time nothing.was farther from her thoughts than receiving or claiming_any remuneration of a pecuniary nature. Upon her presenting her manuscript to Mr. Murray,. it was found tb be a rude undigested mass of receipts, without form or. order. The plaintiff expended a considerable surn_of money in bringing out the first edition he • had added an index, had the preface materially enlarged ; and, above all, he • had procured a number of plates to be engraved, illustrative of the art of carving. • The first edition was soon disposed of, and a second was prepared. The Loan CHANCELLOR observed, that in the preface to the edition _he held in his hand, the authoress said she had given the work to the public, and expected no emolument for it. Mr. HoaNE said, what he had to contend for was, that this Work having been freely and volun tarily. given to the public, 'through - the medium of Mr. Murray, and he having been at all the ex pence of bringing out the various editions, had' acquired an equitable right to republish the work at the expiration of the first fourteen years. To shew that this lady never expected to be paid, he would only mention that, in the year 1808, travelling about like other learned ,persons, she happened to be at Edinburgh—perhaps for the purpose of collecting more receipts in the Art of Cookery, Mr. Murray was in that city at the same tinw, and availing himself of the opportunity' he, with those feelings of delicacy which were not likely to influence any publisher, who was about to pay an author fur his labours, en closed her bank-notes to the amount of 1501„ 'trusting that the would think it as honourable in her to receive it as it afforded him .pleasure to send it. In her answer, the lady expressed her, surprise at the present she had so unexpectedly received, Observing, that she never had entertain ed the smallest idea of receiving any pecuniary return for what had been on her part a free gift. She expressed further how rejoiced she was that her little work. should have been received by the publiC in a way so,far beyond her expectations, as to have rendered the enclosed present a satis faction to the giver. Thus, it appeared, her mo tive.for accepting the gift was not of a mercenary nature, but because her vanity was flattered by the idea that it was a testimony of respect to her 'abilities.- These letters, he submitted, were quite decisive of the case ; and the passage in the preface, pointed. out by his Lordship, clearly shewed that she had-given the work •to the plain- - tiff. She had no right to. say that the plaintiff should not continue to publish it, because the first fourteen years had expired. As well might it have been said that he could not have published a second edition because the first had been sold.— What she contended for new was, that because she had 'given her work to every one, she had given it to no one. He submitted the Injunction ought not to have been granted. SHADWELL, on the same side, detailed the proceedings in the present suit, and in a cross cause, to restrain Mrs. ltundell from publishing her receipt with the plaintiff's additions and em •bellishments. In that .suit the Lord Chancellor had granted the injunction against Mrs. Itundell, which injunction- the Vice Chancellor, when the matter was before him, had not .disturbed, but he had granted an injunction against Mr. Murray. The Loan CHANCELLOR observed, that if both were to be restrained, we should get no dinner at all. : Mr. SHADWELL said, the Vice-Chancellor had asked whether Mr. Murray had not been repaid all his expences ? It was due to the talents of the Lady in the Art of Cookery, and to the embel lishment of the work by Mr. Murray, to say that both had been so excellent, that the publication had met with its reward, and had experienced a most extraordinary sale dur ing a course of several years, but there was no validity in that argument. it was no rea, MURRAY V. EI.LIS'TO\. LI Cris atie; which` was struck out of thupaper yesterday in consequthlee Of the absenceof 'the-Counsel, , the plaintiff's s - liciter applied this morning to have the cause restored to the paper,cin a suggestion , that the Learned Counsel was out of town.' The case involved . the right'of the defendant to repre sent one of Lord Byron's tragedies on the boards of Drury-lane Titeitre. ' The COURT said, that._ the cause having been called on in its turn, and no person appearing in behalf of the plaintiff, it had been struck out of the paper. If the plaintiff wishQ it to be restored, it must be the subject of a special application•in Term. DOE, ON THE DEMISE OF TILE EARL OF SHREWSBURY, V. PATTEN. This was an action of ejectment to the possession of certain land in the parish of ,Alton, in the county of Staffbrd, demised to the defendant upon lease. At the trial before Mr. Justice BEST, at the Staffordshire Spring Assizes, 1820, a ver dict was found for the Lessor of the plaintiff; subject to the opinion of this Court upon a special case.. The case involved a question of considerable importance as to the construction of the leasing powers granted to Lord Tal bdt, the ancestor of the Lessor of the Plaintiff, under an Act of Parliament, passed in the fith Geo. 1., for settling the family estates of the Talbot family. In point of pecuniary value, there was an income of several thousands of pounds per annum, de pending upon the decision. The object of. this ejectment was to make . void one of the great number of leases, granted to the tenants of the Earl of Shrewsbury, on the ground that it was in contravention of the leasing powers vested by the Statute above mentioned. It was said to be the policy of that Statute to pro vide suitable means for maintaining the dignity of the SF;cws bury Peerage and the Talbot family in perpetuity. One of the points taken, therefore, was, that by the legal operation of the lease in question, this object would he defeated by the manner in winch the rent was reserved, for it mig7it so happen that during part of the term demised, the persons in remainder enjoying the title of Earl Shrewsbury, would have no means . of supporting the dignity of his station, in consequence of the improvident terms- in which the lease was granted. The lmse in question was granted to Thomas Patten forninety nine'years, or three lives, at a rent of fifty pounds per an num, payable in half-yearly payments, at Lady Day and Michaslmas Day, the first payment to be made on' the 25th of March next after the date of the lease, which date was the 6th of .January. By this stipulation the tenant would have to pay the first quarter's rent for an occupation of only two two months and nineteen days, and during the last year of the lease, which would expire on the 6th of January in that year, there would be a laeriotl.,.ok,..fintr,anonths and' van days during Whi..:ll no rent whatever would be payable. This, it was con tended, was such an exercise of the leasing powers, as was in contravention of the policy of the Act- of Settlement referred to, for during that interval the then Earl of Shrewsbury would he totally destitute of means to support his dignity. The ob jection, therefore, in point of law, was, that there was rent re served during the continuance of the lease. The power given in the Act of Settlement was, " to reserve the usual and accus tomed rents." There was nothing upon the /ace of the present case to spew what the usual and accustomed rents had been be fore the grant of this lease, and, therefore, after hearing Mr. Campbell at some length upon this preliminary point, The Court interposed, and said, that in this-respect the case was defective, for in order to give a proper construction to the ' , ..aslng , powers, as applied to this particular c a se, it m us t b e seen what the usual and accustomed rents had been. The case, therefore, must either ,go down to a new trial, in order to as certain what those rents had been, or if the parties chose, they might agree between themselveS to supply this defect in the case, by referring to the old leases in the Muniment Chamber of the Noble Earl. At present, however, the case was not ripe for decision. Mr. W. E. TAITNTON, for the defendant, said there would he no difficulty in agreeing upon the proper amendments. The case, therefore, was ordered to stand over until the case was amended. WALKER V. MAITLAND. This case came before the Court upon a motion So set aside an award, the questiOn arising upon the liability of the defend ant as underwriter on a policy of insurance, which was referred to the decision of two arbitrators, who now found the special cir cumstances which raised the question for the opinion of the Court. The policy was on goods on board the Britannia, on a risk to St. Christopher's, and all the other West India Islands, except Jamaica and St. Domingo. By the usage of the port at St. Christopher, to which the vessel had gonr to ship the cargo in question, roods are put on board by means of small craft, which bring the produce from the estates down to the vessel. Whilst the ship lay at St. Kitt's, her mate, several of the crew, and some negro labourers were sent in a small shiop to bring on board. sugar, coffee, and other produce, which was acco r di ng ly taken into the sloop; but in her-passage in the night-time from the place of shipment to the vessel, the mate fell asleep, leaving the seamen on the watch to navigate the sloop. The seamen however imitated the example of the mate—they fell asleep also,—the negroes followed their example, and the vessel, being left to the mercy of the wind and waves, was dashed upon some rocks, and her cargo was utterly destroyed. Another craft, of the like nature,. with other goods on board, had been entrusted to the care of another seaman, hut in consequence of his unskil fulness she shared the same fate, and was totally lost. The question for the opinion of the Court was, whether, under these circumstances, the underwriters were liable, the loss being oc casioned immediately by the perils of the seas, but superinduced by the gross negligence and ignorance of the crew. Mr. CAotraEm., for the plaintiff, contended that this - was a loss within, the policy. Mr. F. insisted that it was not ; but -The Cou RT were dearly Of opinion, that the loss in both in stances having arisen immediately from a peril of the sea, it fell within the terms of the policy ; and therferee determined that the rule for setting aside the award must be discharged. This was the last ease in the-special paper, 'which a.fOrtnight since contained upwards of seventy casts for argument; but which, by the unremitting and most laborious exertions' of the Learned Judges, -have been now disposed of. By these means More special cases have been decided in twelve days, than in the ordinary course of business could have been disposed of In fmir trims. At half-past one the Court ordered the Crown Paper to he called on, and several cases were argued and determined. several cases were called on, but the gentlemen of the bar engaged in them not being in attendance, - The CounT intimated that they should expect thegentlemen to be ready on Monday, or the cases should be struck out of the Paper. Mr. GASEI.EEE asked the Court whether they meant to sit on Monday (Gunpowder Treason), which, if not a holiday by Act of Parliament, had been considered and kept by immemorial prescription and usage ? The COURT said that the Act of Parliament under which they new sat was imperative upon them to sit until the first day of term, if they had business to do, or unleSs there was some special reason for not sitting. .No such special reason existed, and though their Lordships were not volunteers on the occa sion, a sense of public duty impelled them to devote the whole of their time to the suitors of the Court, however laborious to themselves. ;NEER Bus! NESS.—The COURT gave notice that dur ing the - next term, anew' the JudgeS would sit from two till fotfr rE)IIIERTON V. ITArNT. Serjeant VAL-G HAN' stated that this was :Inaction of pass brought the defendant for entering the plaintiff's dwelling house and taking-his goods. It appeared that an agree - - talent hail been entered into. between the parties,' by Which the plaintiff was to become tenant of a house and cellar for a certain term of years, paying annually the sum. of 551. as rent for the same. That soon after he had taken possession of the pramis,es, a person named Middleton had entered by virtue of a former demise of the defendant's, and bad.tvicted him, on which the defendant agreed by a parol that he should only pay SCI. per annum until he had possession of the cellar delivered up to him. When, however, the rent became due, the full sum. was de manded, and on the plaintiff refusing to pay so much, on ac count of not having,possession of the cellar, a distress was on a Saturday evening put into his house, to his great inconveni ence and vexation, as his business (that of a butcheo'then re quired his Uninterrupted attention. When these facts had beta fully proved, Mr. Serjeant PELL objected, that parol testimony of the de. fendant's consent to deduct 51. per annum from the rent could not be received, as there was a bond of .the same date .as the agreement conditioned for its due performance.—After this bend had been put in evidence, Mr. Serjeant VAUGHAN was heard in reply to the objection. He contended that the plaintiff could not be considered as liable under the bond, without having full enjoyment of the premises for which he was to pay rent; and instead of this lie had been evicted from a part of them. Lord Chief Justice DALLAS expressed his opinion, that there could be no doubt as to the justice of the case ;- but he should wish the assistance of his Learned Brothers to decide upon the law., . . A verdict was then taken for the plaintiff, with liberty for the defendant to move to set it aside upon the point reserved. LIVERPOOL QUARTS. SESSIONS. On Monday last (29th ult.) the Michaelmas Quarter Sessions commenced in the Court-room, within the Town-hall, before Richard liullin, Esq. the Worshipful the :Mayor ; James Clarke, Esq. Recorder ; and Peter Bourne and Charles Pole, Esqrs. Baliffs.—After the Town Clerk had read the King's Proclamation for the Suppression of Vice, and the Grand Jury had been sworn, the Learned Recorder delivered a charge ; in the course of which he made the following observations upon the unlawful combinations of certain artificers in this town : " There is another subject to which I advert with consider able pain ; I mean the combinations some short time ago illc •gally entered into by a class of labourers in this town. 'They were carried on with a most mischievous activity, and at tempted to be enforced with even sanguinary violence. Ber sonal threats were followed up by the most malicious attacks upon the persons of those who worked for - what were consitleted as under wages : forgetting that labour is free. to all, and every man at liberty to adopt or reject such terms as are offered t hint. The law has, however, I hope, corrected these arbitrare and oppressive proceedings; for many of the offendcis sir' now suffering imprisonment fir their misconduct, and two : of them have received sentence of death for maliciously shooting at and maiming for life a most industrious workman 5 and the sentence, as far as respects one of them, aotwithstanding every effort to obtain the royal merey,has been carried into executihn. I know the Learned Judge before whom the trial proceedeJ, looked, as he always does, with eagle's eyes throughout - Cee whole of the case, to find any circumstance of mitigation • but, not discovering any; the law was left to take its course. ftrust, therefore, that all the labouring classes in this town will derive instruction from this awful event, for that is the great end el punishment ;. and I think I may further add, .that their ind'us try will never be rewarded with a niggardly hand, althougir the price of it must necessarily be regulated' by rn almost fi nite variety of circumstances which govern the system of trade and commerce." The calendar contains the names of ill prisoners charged with felony, and of 44 with misdemeanours and assaults. The Grand Jury, at the close of their labours yesterday (Tuesday the 30th ult.) having presented the . nuisance caused. by the smoke arising from the furnaces of the vsriens steam engines in this town, which do not consume their smoke, we. may expect that the provisions oflllr. Mr. A. Taylor's Bill will shortly be carried into effect, as our worthy thief Mafr,istrate assured them, that their representation should have his prompt attention.—(Liverpool Courier.) • HOWARD AND GlRRS.—Another meeting of the creditors of this firm took place on Saturday. A claim was made in behalf of Mr. Chaplin, for a debt of 4801. which was disputed by Mr. TRESLAW, on the ground that there had been usurious charges in the former dealings. Mr. MONTAGUE contend ed, that an account closed by inutual consent could not, affect the present claim. The Com missioners postponed the further consideration of this claim. The Commissioners then intimated that the creditors might proceed to the choice of Assignees. Mr. Havelock wished for some short delay, not having received his father's final-in structions on this subject. The Commissioners said; they could not consent to any further delay. Mr. Havelock, after some hesitation, declared. that he would not vote at all. The creditors then retired to Guildhall Coffee house. On their return, Messrs. Carroll, Duff, and Wilkie were therefore chosen assignees under this Com mission, by a majority of, between four and five hundred, and Messrs. Richardson, Fisher, and Lake, of Bury-street, St. James's, were imme diately appointed solicitors to the, assignees. Messrs. R., F., and L. were solicitors to the assignees under the late Commission. LORD MAYOR'S DAY.—Saturday, the Right Hon. the Lord Mayor, accompanied*by the Lord Mayor elect, rthe Sheriffs' City Officers, &c. pro ceeded in state from the Mansion-house to Guild hall, where they were joined by several distin guished members of the Courts of Aldermen and Common Council, and proceeded from thence to 'Westminster, for the purpose of invitiiic , the Learned Judges and other distinguished h Irac ters to the grand civic entertainment given in hon our of Lord Mayor's Day, which takes place on Friday next.' Sir RICHARD SUTTON, Bart. whilst hunting on Thursday the 25th ult. had the misfortune to stake his horse,a very valuable animal, and little hopes were entertained of its recovery.