The Sun. — London, England, 1821-12-03 00:00:00

FOREIGN INTELLIGENCE. FRENCH BUDGET. CHAMBER OF DEPUTIES.—SivriNG OF N0v.27. The Sitting opened at two o'clock. The Mi niqer of Finance, the Minister of Marine, and the King's Commissioners, Cuvier, Julien, Froc de la ioullaye, Jacquinot-Pampelune, Therat de Saint-Aignan, took thelE places on the bench of Miniiters. After some preliminary business, the Minister of Finance ascended the tribune to open the. Budget in the following statement : GENTLEMEN, —The King has desired that the Budget for l S'2l should be submitted to you im wediately after the Chamber should be coma toted, and could receive it. We have the honour 9f presenting U.—The Budget is no longer a task laborious to those who execute it, nor disquieting to those who listen to it ; the promptitude with - which we present it proves that our affairs are in order, and that little time is necessary to state all that we have to pay, and all that we have to re ceive.—Nothing extraordinary will occur to em barrass our expenditure, or to introduce_uncer ta;aty in the sufficiency of our resources.—We shall divide the Budget of 15,c2.2 into five great SF'S iOIIS I. The Public Debt and Sinking Fund inseparably connected wittk it. 2.. The Civil List, or charges of the Throne and Royal Family. 3. Life Annuities, and pensions of every nature. 4. The expences of I the ditferent,Departments of the Admi nistration. 5. The expenses of collecting the direct Taxes, and of the Financial Boards. We proceed to pass in review each of these principal divisions, and their most important sub- divisions of the finances. The charge of the Consolidated Debt is 228,864,560 f., and presents, comparatively with the sum which the Budget of 1821 assigns to the same service, a diminution of 188,201 f., not withstanding an augmentation of 1,080,370 f., necessary for a half-year of the new rentes, which have taken, and will take the place of the inte rest of the Ist and 2d fifth of the reconnaissances of liquidation, and for a half-year of inscriptions required_ by the liquidation of the arrears pre vious to 1810. This increase of 1,080,370 f. is counterbalanced by the non-payment of 1,268,574 f., making part of 1,468,574 f. of rentes upon the ancient domain extraordinary, of which 1,068,574 f. have been extinguished on the 22d of Sept. last, and of whicl► 400,000 f. will be cancelled on the 22d of March next, in execution of the law of the 26th July, 1821. — The account which presents the charges of the COnsolidated Debt for 1822 explains its varia tions. They have all been foreseen and provided for by laws. The charge of the Civil List and of the Royal Family, fixed at 34,000,000 f. is placed beyond discussion. The annuities and pensions inscribed are sus ceptible of as little. They partake of the in violability attached to the consolidated debt. —The annuities carried to the budget of 1821 for 10,300,0001. are included in . the budget of 1822 for 10,400,0001. The extinctions are pre sumed to be 400,0001. We estimate at 1,342,925 f. the diminutions which we expect upon the pensions, whereof the sum total of 62,621,80. d. will be augmented for IS'22, conformably to the dispositions of the law of the 2601 of July last by the sum of 1,800 ; 000f. fur the dispossessed French donatories. But this addition is counterbalanced by the cancelling of 1,468,574 f. of annuities AI hich belonged to the ancient domain extraordinary, and by the can- ceiling of those which will be successively ac quired with the resumption of the revenues of this domain and the produce of the sale of its estates. As in 1821, the credit demanded for the supply of the funds for the support of the Legion of Honour is 3,400,000 f. and 10,000,0001. for the discharge of the interest on money depo sited as securities. All the charges, Gentlemen, which we have thus far submitted to you, amount to the sum of 351,086,360 f. They are necessary. They may , experience some variations, but are not suscept ible of any diminution on the part of those who administer them. The charges of Administration are of a dif- ferent nature. It is useful sometimes to contrast and sometimes to extend them, in proportion as the services which they pay may deserve the cost, for on the exactitude in this proportion depends whether an expense is profuse or not. Among the items of increase some are necessary, and required by the laws which established them.— Others are salutary for their production of con servative results.—A third class is demanded by political circumstances of higher importance than the saving of them would be ; the different charges of Administration, which exhibit, in some instances, augmentations, and in others re ductions. The Presidency of the Council of Ministers remains fixed at 180,000 f. The Ministry. of Justice would not have re. qoired more than 17,879,500 f., as in 1821, if the law of the 31st July last had not added a seventh Chamber to the Tribunal of First. Instance, in Paris : and if, consequently, it had not been ne cessary to augment the number of counsellors in the Royal Court of this capital.—The Ninistry for Foreign Affairs requires an increase of 15,0001. over the budget of 1821, which carries the total charge to 7,870,0001. —The Miqistry of the Interior, the expences of which are more un certain than the rest, requires an augmentation of 3,145,814 f., which increases its charge to 112,085,000 f. Of this augmentation the execution of the late laws concerning the clergy, the canals, and the port of Dunkirk, absorb 1,500,000 f. The ex pence incurred for the encouragement of the fish eries, for_improving the breed of horses, and for the departments, require 60,979 f., and the re mainder is appropriated to the public works, the prolonged imperfection of which, besides so many private houses which are finished iu one year, would authorise, against the Government, a charge of carelessness or want of power. The department at the War Ministry would have incurred a considerable augmentation for 18e2, the year in which the troops receive their new clothing, if, in its contracts for subsistence and forage, this department did not hope to make 1 savings, which will in great measure counterba lance this charge. The increase' necessary, there fore, is limited to 1,735,4001., which carries the charge of that department to 176,472,000 f. The Ministry of the Marine, whose vote of credit in 18'21 was limited to 52,980,000 f., de mands an increase of -7,0'20,000f. for the year 1822. Nobody has denied the necessities of this department, which, for too long a time, has wanted the requisite means, not only to restore its materiel, but even to preserve that which re mained. If the French marine, by the peace, has been relieved from the necessity of support ing a warlike attitude, it cannot renounce the duty of preserving one of observation and assist ance, both in our ultra-marine establishments and in the seas where the absence of our flag would compromise the interests or the safety of the King's subjects. The augmentation required by this department will be appropriated to the double purpose of putting our ships in a state of complete repair and equipment, and of enabling us to send succour to all parts of the world where our commerce or the interests of humanity demand protection. The Ministry of Finance presents a reduction of expence principally as regards the charges of negociation and those of the central administra tion. A sum of 50 ► 000 francs is proposed for the reconstruction of the mint of Nantes. This is only the carrying into effect of a credit obtained in 1819, which, not being employed in that year, must have been annulled by the law of last April 23, relative to the definitive settlement of the Budget of 1519. The survey for determin ing the land-tax is only estimated in the expellees at 1,000,000 f., and the charge for the collection of direct taxes presents a diminution of 774,205 f. —To sum up this section, the Budget of 1821 assigns for the charges of collection and adminis tration a sum of 136,871,285 f., whilst that of 1822 amounts to 138,846,880 f., being an excess in the latter year of 1,975,595 f. This difference, for the most part, should not be considered as an increase of charge. The sum total of the general Budget of expert- diture amounts to 589,541,340 f. and presents an increase of 7 ; 306,066 f. only over the Budget for 1821.—The charge of the marine alone, of which you know the urgency; . absorbs this sum ; and we have found in the reductions the means of supplying other services with more than ten millions, both in order to comply with the laws creating new charges, and for aiding the different necessities which I have mentioned. After having enumerated the charges of the State, we must now, Gentlemen, present a view of the resources by which they are to be met. The estimates drawn up for 1822 of the dif ferent products of taxation differ very little from those for 1821 ; and the realization of their amount, according to the calculation then formed, gives the best assurances with respect to their future productiveness. The administration of the Royal domains and forests, the income of which has been estimated for this year at 176,300,000 f. permits us to hope for an increase of 365,000 f. for 1822. The produce of the customs, salt duties, and indirect taxes, is estimated as in 1821. The produce of the post duties is estimated at 410,000 f., and that of lotteries at 1,000,000 f. short of the last year. The drawback on salaries, which figures a 2,800,000 f. in the Budget of 1821, was part of the relief granted to the public by the law of July 31, and cannot be reckoned at more for 1822. The relief of a half, granted from the land tax in 1821, and continued in 1822, will esta blish in our receipts a diminution of 13,675,583 f. Finally, the Treasury which enjoyed rentes, the arrears of which entered into the estimates of 1821 at 11,219,114 f. , will not have the benefit of this resource for the service of 1822. This sale, gentlemen, which the Treasury has made of these rentes, leads us to- speak of two operations, the results of which are connected in too many ways with the budget for us to post pone all mention of them till we can present the accounts. You know, gentlemen, that the law of March 8 had opened for the payment of the reconnaissances of liquidation estimated at 60, millions,a credit Of rentes amounting to 3,884,3281. at the medium rate of 77 fr. 23 cents, and had authorized at the same time the issuing of 60 millions of annuities, payable in six years, at the rate of •10 millions a-year. Re-payment was offered to the holders in money or in annuities, at their option. There was taken in money a sum of 1,030,895 f. ; and in annuities a sum, of 54,913,8191. The surplus of the credit of 60,000,0001. was reserved to discharge in money the fifth of the ordinances issued by Ministers subsequent to the 30th of June. Great advantages have been obtained to the Treasury by the successive negociation of the se curities they possessed. Ou them has fallen the duty of_ providing for_thq payment in specie of very considerable sums ; such as 100,000,000 f. to foreign Powers ; 60,000,000 f. for the reim bursement for the Ist fifth of the reconnaissances, and for the four other fifths in succession. The Treasury is rich in securities ; but it was prudent before putting them in circulation to provide for present wants, and to guard against any future deficiency in funds to conduct the operations en trusted to them. Their Success has corresponded with their ex pectations: 12,514,220 f. of rentes belonging to the Treasury were publicly sold on the 9th of August last, and the produce of this negociation will be 215,118,203 f.; - but as the rentes sold re presented in the Treasury a sum of only 182,862,412 f., the advantage to them by the transaction will be 31,255,891 f. The position of the Treasury is henceforth changed. Disengaged for a long time to come from any species of inconvenience, it is no longer necessary to have recourse to the issue of extra ordinary securities for the public service, and this consideration has determined them to p a y the reconnaissance of liquidation in money. For the repayment of the second fifth of the reconnaissances there will only be demanded in rentes a credit of 3,400,000 f. and this cre dit will not be definitively fixed until th'e a verage price of the rentes for the last six months of 1821 can be ascertained. Finally, Gentlemen, the proposed Budget pre sents in receipt the sum of 890,000,033 f. ; ►n expenditure the sum of 889,541,340 f. ; and con sequently the probable receipts exceed the pre sumed exigencies of the State by the - su►u of 458,693 f. This reserve would be small and insignificant, if it was limited to this sum ; but it will be in creased by the excess of resources which %vill result from the regulation of the Budget of ex penditure,which we may estimate at 30,000,000. Nothing is exaggerated in the est►mates which we have presented to you. A rate of expendi ture, which in time of peace amounts to 890,000,000, may nevertheless excite some as tonishment. Without denying that by time, and a consistent system of order and economy, re duction may be effected, we shall be less sur prised at its magnitude, if we consider it com prises more titan 40,000,000 of extraordinary and temporary charges, which will successively disappea►, and that tl►e Budget, which conceals no expence,contains important articles which did not appear in it before, such as the expences of collecting the taxes, the produce of gambling, &c., which form a mass of 150,000,000. Add the Sinking Fund, a tutelary expense, which in our system takes the character of an annual saving of 40.000,000, already raised to 63,000,000, which forms a resource to protect the honour of the Statti_from a breach of the law. The budget has, even. - in its enormity, some thing pleasing to the national pride, in the thought that it could be maintained at this eleva tion without depriving the King of the power of remitting :3.4,000,000 of taxes. Such a result, at the termination of calamities, which in any other country an age would scarcely be sufficient to efface, evinces among us resources triumphant over the most adverse situations. What. other nation besides France would be able, after what she has suffered, even up to 1818, by war and other unhappy circumstances, to present in three years the spectacle which she this day offers ? Iler political engagements punctually fulfilled ;. her territory free and tranquil ; her commerce and industry increasing in activity ; her Treasury always full ; her securities advanc ing to par; gall her capital in employment, whe ther to acquire, to construct, to repair, or to give an impulse to works of public utility. Finally, under the auspices of the Royal Government, affairs both public and private assume a firm po sition, the.happy result of a peace whereof all the world has felt the want, and will now reap the advantages... The spirit of order and good faith which go verns our financial legislation, the probity with lich public engagements of every nature are fulfilled, the abundance of capital which it re produces continually in circulation, and the pro gressive clearness of the public accounts, inspire a confidence which descends to the direct credi tors of the State---:from theta to all those with whom they have transactions, and from these, is diffused through all classes of society. The ge neral comfort which result's from these ameliora- tions, and the satisfaction to you of having co operated in tt 4 oing so much good, is the guarantee of your perseverance in the same principles, and of the constant conformity of your sentiments with the intentions of the King. Then follows a project of law, conformable to the statements of the Minister's speech, which was ordered to be printed and distributed. The Sitting rose at four o'clock. FR ENCH FUNDS. Nov. 26, Five per Cents. B9 f. 75 c. Bfink Stock MOO f. c. - SPANISH PAPERS. IthDRID, Nov. 14.—The Cortes have been engaged, in some of their late Sittings, in discussing a plan for putting a stop to the im mense losses the nation sustains by the great quantity of French crowns sent to Spain, which some persons have thought came from the loan of 200 millions ; but in the Sitting of the 12th, M. Oliver judged it proper to shew that the defective coin of which complaints were made, did not proceed from the loan. Some debate arose on this point, and the first articles of a project were brought forward, to regulate the currency of French coin. In the same Sitting M. Martel made a proposal respecting the Depu ties who had not yet taken their seats, though the Cortes had been assembled forty days. lie thought their not taking their seats in the Cortes, where their presence might be so useful, merited some kind of censure ; and that the assembly' should take some step to make them repair to their. posts as soon as possible. Many Mem bers spoke on this subject. The President ob served, that the - number of absentees was very small, and some of them were ill at Madrid. It was resolved that the secretary should transmit % to the absent ,deputiesc-orders- t o -repair to. the Cortes without delay.—ln the Sitting of the 13th and 14th, several other Articles of the Project were discussed, relative to the mode of prevent ing the importation of such coin, the calling it in, melting it down, and re-coining it. On the 15th, a dispatch from the. Minister- of Finance was read, stating that his Majesty, feel ing the necessity of regulating the public credit, in order to consolidate the ConstitutionalSystern, had commanded him to signify to the Cortes, that this being a subject of the highest import ance to every nation de'sirous of reforming its Financial System and Administration, and that, notwithstanding all the reforms made' by. the Cortes to raise public credit, very little had been accomplished .towards placing it in a flourishing condition. His Majesty was desirous that the Cortes should apply themselves to the consolida tion of the public credit, with the same perse verance and zeal with which they had discussed other subjects, which, by his Majesty's corn mods, he communicated to the Cortes. CADIZ, Nov. 6.—(PUBLIC HEALTH.) The number of burials in this city, from the Ist to the sth of this month, was 39. --- By the latest accounts from Puerto Santa acid Oth Maria acid Xeres of the 28th, November, the number of deaths, &c. in these three days, was, at Puerto Santa Maria, in the town and hospital— New Cases 82—Cured 40—Deaths 26 At Xeres 48— 19— 19. The number of sick remaining was, at Santa .3laria, 179 ; at Xeres, 55. No further accounts have been received from Lebrija. BAP,CELONA, Nov. 7.—(PUBLIC HEALTH.) Summary of the Number of Deaths, &c. in Barcelonetta, a City, the Hospital of the Seminary, and the house of the ice -Queen of Peru : Remain. 517 Nov. 3, New Cases. Cured. 34 24 34 17 31 9 Deaths. 27 29 25 4, 500 5, 488 6, 485 MURCIA, Nov. 10.—From the 2d to the sth inst. three persons have died of the, yellow fever at Aquila ; one cured, remaining seven. GRANADA, Nov. 7.—The Governor of Malaga has sent notice to the Governor-General of this City, that Jaime Casasola, and four others, have been taken, and having been examined, declare that only the Commander of the hand, as he was called, Don Juan Zhnenez, and another who was killed, were the supporters of their proceedings, and they pointed out the places where their arms of all kinds and ammunition were deposited. They will be tried according to the law of the 26th of April last. LAW INTELLIGENCE. COURT OF KING'S BENCH, DECEMBER 1. i'LETCHAS V. SANDILANDS. . This was an action for a college debt. The plaintiff, a trades man of Oxford, claimed for confectionary, &c. supplied to the 'defendant, a commoner of Trinity. Mr. MARRYAT (for the plaintiff) was not quite sure that the debt had not accrued in the minority of Mr. Sandilands but proposed to show that the bonbons were necessaries, and that (notwithstanding minority) the defendant would be liable for them. Men, though students, (the Learned Counsel submitted), must still be fed ;' and part of the debt claimed was for choco late, muffins, and cold meat for breakfast, viands which the college did n'bt supply. The LORD Cum , JusTecr—Nor suffer to be supplied (the meat, that is), if they know it. Mr. :M eniieveer Proceeded. There were articles certainly in Mr. Fletcher's bill not absolutely essential to the existence of the defendant : there was, for instance, a repast of beef, salad, and ices, supplied for the entertainment of Mr. Sandilands and his friends ; but then the term "Necessary" must be relatively looked at. The question was, not what was necessary for the man, but what was necessary for the man in the given situae tion. A captain in the army (although minor) ordered liveries for his servants—liveries had been held necessaries for his rank and station. A minor entering a volunteer corps, regimental uniform had been held a necessary. The question was, not what was necessary for the existence of the man, but what was necessary for the accomplishment of the man's reasonable and allowable object in life. Now every one knew that:young men were sent to college less for what they were to learn. than for the connexions they were to form. Then how stood the pre sent case ? The object of the man was to make connexion ; for .the making of connexion, feasts were necessary ; ergo, to the man at college feasts were necessary ; and for those feasts the man at college must pay. George Cripps proved the delivery of the delicacies in ques tion, according to the charges in the bill. The LoRDCitIEr• JUSTICE—Are they reasonable charges? Witness—They are the usual charges. • The LORD CHIEF JUSTICE—T4at is not quite the same thing. Mr. WALronn (for the defendant) opened a case of mino rity. By college laws—article de moribus—regUlations were laid down for the conduct of commoners. Those under 18 years of age were not to complain of castigation : those under 20 were not to use tobacco or to enter wine houses : and to all, at every age, cpulx, or feasts, were forbidden. Could things expressly forbidden by law be sued or recovered for as necessaries of life? The present plaintiff had used the defendant most unfairly; for, by forbearing to dun him for payment of his bill, he had wickedly seduced him into increasing the amount of the debt. Evidence was given of the defendant's minority at the time when the plaintiff's claim had accrued. Mr. MARRYAT had never before heard a debtor complain of omission to dun on the part of his creditor. lie would ,prove, however, a promise to pay since the defendant had been of full age. Mr. J. Brooks (plaintiff's attorney) proved an offer of coin promise on the part of the defendant. .Cross-examined—He admitted that the offer had been wade while the defendant was in a lock-up house. He (Mr. Brooks) was concerned for almost all the tradesmen in Oxford ; but he did not farm the present action. Mr. WALFORD denied the value of an offer made under duresse, and after the commencement of an action. Mr. NI ARRYAT replied. The LORD CHIEF JUSTICE left the case to the Jury.— Upon the first point—the necessity of the articles furnished— his Lordship was of opinion that they were not necessary. There could be no reason why a young man should breakfast without eggs, provided ,he could, in present money, pay for the eggs after lie had eaten them ; but to what end did college rules prescribe economy, if tradesmen without the walls gave encouragement to extravagance ? With respect to the second question—the offer of compromise—his Lordship did not think that a mere admission by a man of full age, that he had incurred debts during his minority, rendered him liable to the payment of those debts. An offer made to the plaintiff's attorney, and at a time when the defendant was de sirous upon , any terms to obtain his liberty, must be (the Learned Judge thought) • very guardedly received. In conclu sion, there was one observation which his Lordship felt him self bound to make. An attorney of London confessed that he was professionally concerned for most of the Tradesmen in Oxford. Now there was a University Court in which such claimants had been • wont to sue. The process of that Court was very inexpensive ' • college claims were very well under stood in it ; and his Lordship was sorry to see a system estae Wished which took suits like the present out of their appropriate jurisdiction. The Jury withdrew ; and about an hour after sent a Message into Court that they were unable to aee. The LOUD CHIEF JUSTICE asked whether the parties would withdraw a juror ? Mr. Mallet veer and Mr. WALFORD consented. The Jury was then called into Court, and discharged. The amount of the' plaintiff's claim was 241. 10S. MARONY V. lIUCKSTABI.E. This was an action for• an assault. The facts of the case, as stated by the plaintiff's Counsel, Mr. Scarlett, were as follow : The plaintiff is a lumper, and at the time the alleged assault took place, namely on the 20th October, resided in the parish of Broinley. The plaintiff had returned home about eleven at niglit,•:and was up stairs in the bed-room, with a child, at that time sick with tie scarlet fever. He had been at home about an hour, when he was desired to come down, us there was one below who wanted him. Coming down, Huckstable, who was there, together with the other defendants, Williams, Briggs, and another, seized him by the collar and dragged him to the watch-house. Here he was kept till one o'clock on the follow ing day (Sunday), when some of his friends came to him. The defendants were sent for, and on their coming, they (plaintiff's brothers) treating them with five Shillings' worth of gin, bitters, and beer, and undertaking to pay Huckstable five shillings for the trouble he had given, the plaintiff was dismissed, no charge being made against him. .On the part of the defendants, Mr. GURNEY called witnes ses to prove that previous to the plaintiff being taken into cus tody, he had been at the house of a publican, named Mellion, also made a defendant on this occasion, where he got intoxi cated, •and violently assaulted the landlord, by whose instruc tion he was taken into custody, though Mellion was afterwards prevailed on by,the friends of the plaintiff to consent to his dis. charge; and as a return for his humanity, the plaintiff turned round and brought the present action. The Jury now found a verdiet.for the defendants, Williams and 3lellion, and fiir the plaintiff against Huckstable and Briggs—Damages, 101., costs, 40s. ABBOTT V. CLEARY. This was an action upon a bill of• exchange for 181. Nlr. DEN3tArr said, that Mr. Cleary had accepted the bill, intending to pay it (Mr. Cleary was a native of Ireland) out of the damages which he was to recover in an action against Dr. Stodart for libel.' What had become of the defendant's action r. Denman did not know; but, the bill not being taken up, the plaintiff was driven to his. Mr. CIIITT Y (for the defendant) objected that the bill was invalid. It was drawn upon an Irish stamp, and it purported to be drawn in Ireland : he (Mr. Chitty) would prove that it had, in fact, been drawn in England. Witnesses swore that both the drawer (Mr. Taafe) and the acceptor of the' bill had been in England about the time at which the bill was . dated ; but they were unable to fix them there on the precise day. Mr. DEN MAN submitted that, without the most absolute proof, the Jury would not give effect to so dishonest a defence. The evidence adduced was too weak to need reply. The Lo RD CHIEF JUST ICE said that a bill drawn in Eng land upon an Irish stamp was, in point of law, not worth s farthing. The short question for the Jury upon the evidence was, whether the bill had been made in Ireland or in this country. The Jury, without hesitation, found a verdict forthe plaintiff. COURT OF COMMON PLEAS, DEC. I. Sittings at Nisi Prits, - in Westminster. The Lord Chief Justice DALLAS sat at Nisi Prius to-day till four o'clock, but no case of any importance came on to be heart l •The Court will continue its sittings at Westminster during the whole of next week. It will sit again at Guildhall on Monday, the 10th instant. ARCHES' COURT, DEC. I. THE HON. A. CMICHESTER, M.P. AGAINST THE MARCIVIS AND MAI:CHIONESS OF DONEGAL. This question, which arises out of a well-known cause pend ing in the Court below (the Marquess of Donegal against map falsely calling herself Marchioness of Donegal), came on to-dol on admission of the libel brought in. Ds. SWABEY stated, that this was in fact an appeal from $ sentence passed by the Right Hon. Wm. Lord Stowell in the Consistorial Court of London ; and the libel, (which was in the common forme) praying that the same might be revised and re versed, so far as regarded the oven tiling of a certain protest as serted by Mr. Chichester, in that Court, he prayed might noes' be admitted. Doctor PiirwstonE appeared, as the Counsel for the Marchioness of Donegal, in opposition to that prayer.---, His Learned Friend - had said that the libel was quite in . the common form, and had intimated that lie could net anticipate any objections to its admission. If, in fact, it ha", been drawn in the common form, he (Dr. Phillimore) shoo k ' have been cautious of submitting those objections which he should now take the liberty:of doing. The Court might be awe'' e . that the matter out of which the present ais ication arose " 1 originally a suit against the Marchioness of Donegal, (pleaded . to be falsely so styled,) brought by the Marquis of Donegal , for nullity of marriage. In that case, the Hon. Mr. Chiches `ter, for whom his Learned Friend appeared, was cited to see proceedings ; he asserted an appeal against the jurisdiction of the Court, which was overruled. Now his objection to thi g , libel would he, that neither in the opening. nor in the " rreser tim," was any grievance whatever set forth. The 2tl article stated, that in the Court below " the said Win. Lord Stowell,. too much favouring the said Marchioness of Donegal, and more • than he ought, and not in the least regarding the forms of law and judicial proceeding, did, in fact, though undulf. on .the first day of August last, overrule the protest so entered; into, on behalf of the said Arthur Chichester, so far as respect e " the said jurisdiction." Theretbre, upon the other side's own skewing, the Court must see that Lord Stowell did not over' rule this protest, but only a particular part of it. This grievanc e then, if grievance it were, was only an inchoate act. But a° specific grievance was pleaded ; " non constat" but that the, Court below might have gone on a different sentence as regard ed the protest generally. Sir Jolts NicHor.r. said, how was it possible for this Court to know any thing about that suit, when the process was fla t brought in here ? Dr. PHILLIALORE would beg to inform the Court, that Cl the original suit the lion. Arthur ChicheSter was cited by tit' Marchioness of Donegal to see proceedings. The COURT asked if it was the defendant who lied so cited $ party to see proceedings ? Dr. PHILLIAJORE replied in the .affirmative. He did Pe see how the Cotwt could form a judgment, under the preserv e ' circumstances of this case, so as to - admit the libel. indeed, t h principle of that libel was altogether a new sort of thing. The Couttr- r -Was it new to appeal from a protest so over' ruled ? Dr. PHILLIMORE contended that that was not the case-of his Learned Friends. He meant to argue, that in point of fact the protest in question had not been overruled : their own state' mutt was, that it had been overruled " so far as." The COURT held, that if a party became liable, from the nature of a case, to be cited to see proceedings, he had a ne' t to object against being so cited. If a party had an objectio n Of such a kind as that which was .now offered to the libel, he might apply it to the inhibition, to the citation, and the mon" tion. The Court, however, without the process, could not Uri' derstand the thing at all. Dr. PRILLIZIORE was afraid that lie had not clearly e . pressed himself'. lie certainly must contend, that in this lib el ,, there was no grievance, no gravan- upon which the Ca"i t i would admit it. The overruling complained of was only ti inchoate act. The Court below had not gone on to decide thti the party himself was subject to its jurisdiction. This a/TT . seas made upon a mater that was still in progress ; it was ms before the Court in question had affirmed that he, the anvil (Mr. Chichester), was.liable to its jurisdiction ; all that it h done was to overrule his protest as to the liability of Lady I . ) `' fr negal, for which alone it had yet found. 4 The CounT.—How am Ito know all this ? The Court h s „ nothing whatever from winch it can derive such infoxunt a° ' before it. - Dr. Put er.l MORE was unwilling to persist in an objectl which the Court seemed disinclined to entertain. But he /0 another—the libel went on to recite, that, " notwithstarnl if the said Arthur Chichester had, with all reverence, proter,, against" so and so, yet that the said Judge proceeded to 14 further like acts—to wit, to admit an allegation. Now amounted to an accusation against the Judge sti the Court be , .* for making what was technically termed an " 4 sTTENTA r I' o i It was not as if the appeal was from the entire - proceredir that Court. 110 The COURT thought that Dr. Phillimore was wrong. was an appeal from the whole of the icts done on that daY: w r The libel of appeal recited all that was then done. Not was more common, clearly, than for a party to assert an aPPI4 ; in the midst of pending proceedings ; and for the money to be P-7e. on the several stamps with a view of tying.up the hands of ";,,, Judge. The Court, on the other hand, was accustomed to on, notwithstanding that appeal, and transact the whoP oft ~a r same business that remained before it. It remained, then, '"e such party to take what other steps he pleased. This was a Gai t which had happened very often in the time of the Court its elf,' not in the tine of the Learned Counsel. Mr. itnursTitan confirmed this statement of the legal V lice. • Dr. PHILLIMORE further objected, that the libel mean t 0 charge a certain act .of the Judge in the Court below, was defunctus officio as to the matter immediately ',dor; VI Court. The Learned Counsel was proceeding to coat .nd the authority of Houghton, Gale, Ayliffe, and other boolts practice, and of a case called t‘ Luke and Fisher," argued in t_l o . Arches of 17t16, was in faviiur of his principle,. that where gravamen was laid, no libel of this sort ought to be admitteo when The COURT interposed—lts own difficulty here was that Counsel was anticipating the conclusion of the question, it which (the process not being before it) it was impossible tha t could know any thing. • die Dr. SWAaEY said, with respect to a grievance occurring 10 ,t course of a cause, it was clearly competent for a party to ass i ` l i, in appeal de prcesenti, and .to prosecute it statim. client appealed from the whole of this sentence as a grico n 'ij be that what it might, and his Counsel were entitled.to be 11 0 , i , upon it. The Judge might assign them to be heard on Pe ',ll don ; but suppose he should not, and that the proceedings shoo' be cx. mero motu ? , Dr. PHIL:AMORE—How can the Judge of the Court bett' - be a Judge of the appeal ? ), The COURT—And how can this Court judge of vlAt • dons, if the process be not before it ? , Dr. J. ADDAMS took one or two other te.c,iilaiesl olojeetton6 . the libel ; but they were overruled by The JUDGE, who admitted the yoa, LEE A.NR CHALORAFT. rterll6.. This was a can apikaled from the Consistorial Colrt Winchester, • . • Dr. Pit molt* •stAted, that Mr. Clialcraft was desc rib as a roman and-an inhabitant of the parish of Chedleigh,,,l the county-of Southampton. The proceedings in the presAr ease commenced in August, 1818, by Messrs. Lee ant , 1 :; 0 1 ker, churchwardens of the said parish, taking out a cite against Clialcrtift, for reftising to pay certain rates, lee ie "l the repairs of the parish church. In October 1813, a 14 articles was brought into the Courts below, which Plei m ig a among other things, that two rates, the one of .41. ss , Ba 7 the other of 81. fts. 4d., were respectively levied upon two 'tit] of the defendant's, but that defendant had refused to cornFlY A ;a4 the same. To this libel a responsive allegation was assert"' te , admitted, It pleaded that Mr. Chalcraft had been undulyr i o with respect to the first of these rates. Soma adjoining lan" s it rated at Bs. ad. per acre only, while Mr. Chaleraft's rate iv: the proportion of 13s. per acre. Several witnesses were,:.e, mined upon this allegation, and, finally, the Judge in below found that the church wardens had wholly faded in ,0 port of their libel ; and it would now be his (Dr, Phillip p duty to submit that this Court would confirm, that venten%it Dr. Dottsurr was associated in this case with Dr. rg i MORE. 3 1 Dr. LUSHINGTON and Dr. JESSE ArgiAms were he . behalf a the churchwardens. r.,atit Sir Jourr NICHOLL thought that thp evidence Wen - i c e- i ce to show that this was an honest and fair me. He ,s 1 03 1" fore pronpunc.! for the appeal, reverse the septenoz ; ,4,KtN e l below, and =dem time defendant pgim die L. slip