The Sun. — London, England, 1821-12-04 00:00:00

w~ e~ ..".N i 1 ~. .._a.. , ,,,:.~_ r , NUIVItER 9134.] FCUSTOM - HOUSE, LONDON, D ecember 1,18 gr. OR SALE, (b y O r d er of the Hon. the Com- Missione rs o f hi s Majesty's Customs,) on FRIDAY, the 14th Instant, a t O ne o ' Clock in the Afternoon precisely, at the Commercial Sale Rooms, Mincing-lane, the FOL LOWING GOODS for which the Bonds required by law have dot been renewed : )for HONIE CONSUMPTION, on Payment of the Duties : or, for EXPORTATION'', Cluty hue. Gene Su gar, Pimento, Drugs, Logy:nod, Fustic, Wi ne , R um , and va, Arr ac k, B randy, Glass , Salt, Ochre,.Barilla, Hides) Skins,' Oil, Smalls, &c. The Goods in LOts 1 to 350 to be viewed at the London Docks; the Logwood and Fustic at the West India - Docks, and all the other Goods by sample, at the East and West Cel lars, Custom-House; on Monday the 10th. Tuesday the 1 Ith, Wednesday the 13th, and Thursday the 14th Instant, during the usual hours of business. Catalogues may be had at tire Ring's Warehousa, Custom Honse, price One Shilling each. of A Deposit of Twenty-five per Cent. to be paid at the time S'ale', and the Remainder at the Receiver of Fines and Forfeitures Office, Custom-House, by Three o'Clock in the afternoon of Monday, the 30th instant, or the Deposits to become forfeited; and the Goods to he taken liway by Saturday, the SOth March, 1822, or the Purchase Money to become for feit the Goods. re-sold. This Day was pilaiistted, Bandsirmely print e d on Imperial Deter°, twice 12s. boards ; and on quarto, with Proof Impressions of the Plates, plica Ohe Guinea in boards, Part a New Edition of T HE HOLY BIBT.E, Em hell .' isbed• with Richa New Engravings. by Cha r l es H eath, from Designs by d \Vesta - 11, Esq. 11. A. • Published by Hurst, Robinson, and Co. 90, Cheapside, London. a This Edition will be comprised in Ten Parts, (each containing three engravings),. one of w hi c h will l ie publish ed on the Ist day of each month, until the whole is com pleted. pr'olbes ‘ o h r eE s ngrayi ngs , wh i ch are entirely New, have been in nearly Four Years, and the whale now being com pleted, w ill ensure a punctuality of -publication which, with ris o f A rt, can rarely be calculated upon. few sets of Proof Impressions of the Plates are printed for s. ,t Palate sal e upon I n di a P arer, on Colum bi er quarto : toe Price of those before the writing, is 81. as. and with " 7 wr iting 61. 6 5.--Proofs, Columbier qua r t o , not on I n di a , Pr , ee 41, 1 4 ,. d. ``These Illu 6 strations of Holy Writ are decidedly the best, both as it respects design and execution, which have be en , as offered to the Public its this •form." -- , Literary Gazette. lINEQUM) TRAVELLING TO DOVER, DEAL, RA MSGATE, MARGATE' AND CANTERBURY. I °Ull INSIDE COACHES, AND KEEP GOOD TIME BY By S. A. MOUNTAIN and Co. 'SARACEN'S HEAD INN, SKINNER-STREET, SNOW , , LONDON. THE followin g HlLL POST COACHES, MAIL h CO ACHES, Are. set out from the above Iris:-- e " Telegraph," DOVER, Deal, Rantsgate, Margate canier horY, Fev ers h ant , an d S an d w i ch. n e w Post-Coach every Morning at a quarter past 7 o'Clock.—ln consequence decided - preference given to the above C o ach, th e Pro fitrle.rs are d eterm i ned no expence shall be spared to render the fir .13 st conveyance OD that road. 14) :l 1 PTON; Chatliarn, Rochester, St mond, Sittingbou rne • -44 !Latham, every Morning at a quarter past 7. PALNIOUTH, Plymouth, Exeter, Weyitamtli, Dorches ;eh*, D artmouth, and Salisbury, every marning at Sev en ; t , T ,_ °ll gh Huait on , A xm i ns t er , firidport, hlandford, Basing and Bagshot. I, r Th e " Unioi t ," SOUTHANIPTON, Lymipgton, Winches and Basingstoke New Four Inside Coach, every Morning at l i'le ; 'gut ; arrives at the Coach and Horse Southampton, by a• — •Tbis is a most delightful Conveyance to the Isle of r ,'ght, J ersey, Guernsey, S t. M a k es, H avre de Grace, - „ li erburgh, &c. The Proprietors of the above Coach hope C:receive continuance of that support which has hitherto N e n eaparienced since the commencer - tient of the " Union" °r aelng with other Coaches. p rirsta.v. fea:ATM ll 17 lying Post-t - i melt ei, gh Chip. arrivr ° ,;, e t t l 4 le, and Marlborough, every Afternoon at one; - Lona„„; 4 r. May's, the Greyhound Inn, Bath, a nd th e aloe, 1 tavern, Thomas-street, and the Swann, Bristol, next ) utouth, —n g .-- Coacties to Wells, Bridgewater, Taunton, and 4vs, :, ( 7 41 ,111 E, a New LIVER . POOL Light Coach, only one o n _ • II the Road, carrying lour Inside, sets out Daily at iro e h ; arrive s at Liverpool next afternoon at Seven, through alth e u r r „ tl, Northanipton, Welford, Lutterworth, Hinaley, i a . ""es Lichfield, Stone, Newcastle, Kuuteford, War, - ;. ; g r ',"" and Prest on, -.RE WSBITItYWellington, and ShifTnal, Post-Coach "'?•Y Evening at Five.—Guarded. bury b e UNION, WEYMOUTH, Dorchester, Blandford , Sails- Anduve, Blackwater, Bagsbot, and Basingstoke new Gu s , t Ca aehs every Afternoon. The Weymouth Packets to T' L l-n s,e)', Jersey, Cherbourg, St. Nlaloe's, &c. er r"vekttOCKINGHAM, LEEDS new light Coach, sets out 'P"litg, at Eight; and passes through Baldock,'Big. , St-'aue, Eaton, Silt o n, Greetham, Grantham; Bawtry, tnford, Newark, Retford, Doncaster, and Ferrybridge, to Golden Lion, Leeds, next morning at Ten. Notwith asitnding the u ncommon E xpe di t i on o f thi s C oac h, i t i s "wed to be the most agteeable and complete Public Con ' ee on the North Road, being unequalled by any other. Br o ,:„; a .GOW, Longtown, Gretna-green, Annan, Dumfries and Thornhill, Sanqultar-Kiln, Canmock, Kingswell y , r t Parts of Scotland, a Post Coach (daily). ea st r"iCs Scarborough., Whitby, Shields, Sunderland, New n„e'kand Edinburgh,' New Post Coach, with a Guard Ne t— g u utlt ; sets out every Morning at Nine, by way of 1:111\%,41k, Retford, Tadcastcr, Darlington, Northallerton, set :, h ital. Mut peth, and Berwick. Passengers finding them.. leasel. fatigued on the journey, may rest what time they s , and then proceed without any additioual Fare. tC" A RLBOROUGH and Swindon, new four inside Coach, p ea s Aldbourn, Reading, Lambourn, Parton, Lytlington, (: 54 .1', Wootton Basset, Ramsbury, Htingertord, and New a; every -Morning. pj'IDGENORTH, Walsal, Shrewsbury, and Holyhead , Air Inside Coach, evesv evening. tio n f3 „ S lON, Spalding Pete' borough, Stilton, and Hunting nayalkNlail Coach, every Evening to Spilshy, Louth, e ls „ l 'is end Hull, Afternuoa at a Quarter before Six. eva, I I I ‘;„;.LISLE, Penrith, and Whitehaven Post Coach, goes )a r rnur Horses, and ' a Guard all the way, passes through ra u °, 11 , 4 ,,h, Appleby, Greta-bridge, Richmond, Catterick, Bo- Seti a ,; ur hlge, Wet herby, Aberford,Doncaster, and Grantham. gre - tit every Morning, and performs the journey wills the Ile tes t facility. Passengers detained on the Road by busi het ° ,l' Pleasure, have the peculiar advantage of their Seats XE N .l;t l red in the next Coach. . Cho r b. 4 „ 1, , Lancaster, Preston, Kirby-Lonstlale, Bolton, utraskirk and Garstang Post Coaches, every After bon at" Fire LIV_E D „, • t „aarOOL, Warrington, Knutsford, Stone, Stafford, ti ef irehfield new light Four Inside Post Coach, called The tend" l:l ,c every Evening at Five o'Clock, to the Saracen's inn, Dale-street, Liverpool. cAKEFIELD Post-Coach, every Morning. wi r ,'IESTER, Newport, Whitechurch, l'arporley, Nampt at Pa Northwich, and Middlewich Post-Coach, every Evening seive o'Cloek. DERLAND, Stockton, and Yarm Coach, every er ngs to the George Inn, Sunderland. 411 ANCHESTER, Winslow, Congleton, Newcastle, Walsal, t, Wolverhampton new Four Inside Post-Coach, every Af -traoon, .- ia B ,.., IIE FFIELD and Rotherham Post-Coach, called the Rock 'Wims every Mornin g . Pi,,,"NIINGHAM Post Coach, sets out every Afternoon at I. e , — „'earrying Four Inside ; and passes through Warwick, la .fitoh, and Daventry, to the Saracen's _Head, Bull r„,„t_, Birmingham, next Morning at Ten. tn`luLL, Lincoln, Northcave, Bowden, and Doncaster, Post la n a i e l hr every Morning, to the Cross Keys, Market-place, ee tIE RTFORD Ware, Holdesdon, and Cheshunt Coach, try m in . rn a li a j u r ._ I rEN- umm and Edmonton Coaches (daily), at Eleven, Past Two, Five, and Eight. p ri : A. MOUNTAIN and Co. respectfully acquaint their any ids and th e P u b l i c, that they will not b e accountable for tun ) PaJcels, Passenger's Luggage, Writings, Plate, &c. of le ss !' l naul 'Five Pounds Value, if lost, stolen, or damaged, tin , at tilered as such, and the Insurance paid fin' accordingly, atacco's Head Inn Snow-bill, London. ,„4111416i . • . - fr 8.4 I II v•r, " 1 / 4 - 3 ‘ """••' • , 01* t • ~ f /f ia i i ) 4 TUESDAY, DECEMBER 4, 1821. -7,/ itt:l SUBSCRIPTION For the RELIEF of the WIDOW and CHILDREN of the late • CAPTAIN HENRY Of the Ship OFFLE v, Southern Whaler•of London, Who with the Second Mate, and Boat's Crew, were inhumanly Massacred 'by the Spaniards, on the Island of St. Maria, Coast of Chili, on the 24th of February last, under circum stances of the most agfi ' tavated.barbarity, by which deplorable event his Widow a nd Orphan Children are left entirely des-. titute of the means Of Subsistence. Trills Melancholy Catastrophe - occurred on a voyage to the • South Sea , Fishery,—Captain HALEs sailed from England ih.the Ship Offiey, about the month of October 1820, and having doubled . Cape Horn, after a rough passage, early in 1821 he put into the I s l a nd of St. Maria, which is uninhabited, on the Coast of Chili, to re-fit.—On the • 24th of February, about 10 A. as., several men were seen on the beach, and Capt. Hales supposing them to be Spaniards, who had come over from the Main, went on shore with his Second Mate, Armoured, and four Seamen, arnied; for the purpose of procurin;. , fresh provisions. The party was seen to land, and join the Spaniards, who appeared to be very friendly with them ; they shortly afterwards retired from the bea . ch to gether, and it was. supposed that Capt. Hales was in treaty with•them for provisions, and was gone over to the South BaY to look at them. Towards sun -set, the Captain not having re turnett, the crew because alarmed and. a boat-„Was despatched to search for them, .svhichreturned , with •information, that on their approach, several Strange men were seen on the beach, and from their moVenients. more Were supposed to be • concealed, and it being near dark;it was deemed most prudent to return to the ship without venturing to land. •• The' following .morning no tidings having been received of the piny on shore,. at days-light the - Chief Mate manned__ and armed two boats, for ttie,,• purpose. of 7 trideavotiring to find. them ; on coming near the shore, they perceived a man naked.; sitting on the beach, and on landing, discovered him to be Thom a s 111 Sore the Aimourer, 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 theM bread and meat, and induced them to accompany them some distance from the shore, where'they were suddenly sur rounded by 40 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 tenns.—The Spaniards then tteacherously bound them, two and two, and carried them 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 them in cold blood, himself' alone surviving, whom they left for dead, lie having received 23 wound s . in Ins 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 cop mg towards the beach, and soon afterwards a man presented himself dressed in the Captain's clothes, waving his hat for 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 behi•; , l the beach. The leader 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 lender of the Spaniards so - much resembled Captain Hales, that he' had remarked it when on shore. The Ofliey immediately weighed anchor, and stood for Conception, and at 5 P. rr. the Armourer became much worse, and at 9 the same evening died.—An instance of more atrocious barbarity perhaps never occurred ; Capt. Hales, the Second Mate, Armourer, and four men perished, in this most inhuman transaction ; 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 confid e n ce to th e 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 thankfully received by Sir JAMES ESDAILE and Co. Lombard 'Street . ; B. I. Liscinnitigt, Lsyy Austin Friars; W. CURLING, jun., Esq. 10, George Yard, Lombard Street; Messrs. CURLING, Youso, and Co. Lime house • and at THE SEN Newspaper Office, 112, Strand. £ s. d. Curling, Young, and Co. Limehouse 21 0 0 William Niollish, Esq. 10 0 0 Samuel Enderby, Esq. 10 0 t 3 D. Bennett and .Son . • 5 0 0 J. Gale and Son . 5 0 0 Hill, Boulcot, and Hill •6 0 0 , Haman, White, and Co. . . • 50 0 Domett and Son . . • • 5 0 0 Myth 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 0 0 Thomas Sturge, Esq. . • • 5 0 0 Mrs. R.,Curling, Camberwell . • 5 0 0 W. Curling, son., Esq., Blackheath . . 5 0 0 T. B. Oldheld, Esq. . . • 5 0 0 N. Atcheson, Esq. . • • . 3 0 0 R. S. Atcheson, Esq. . . . . 2 0 0 William Williamson, Esq. . . . 2 0 0 John Harkness, Esq. . . . . 1 0 0 Henry Wilkinson, Esq. . . . 1 0 0 The British Copper Company, by Mr. Rowcroft 3 0 0 B. I. Linthorne, Esq. . . . 10 0 0 Rev. C. P. Burney, Greenwich . . 5 U 0 Mr, Robert Linklater . . . 5 0 0 Mr. D. Saul . . . . . 2 2 0 Mr. Duncan Dunbar . . . 2 0 0 Captain Joseph Clarke . - . 1 1 0 Mr. J. R. Hoffman . • • . 1 1 0 Mr. C. Richardson, jun. . . • 1 1 0 Mr. .1. P. Jarman . . . . 1 0 0 Mr. E. Barber . . . 1 0 0 R. E. P. • . . . . . 2 0 0 Squiers and Steane . . • . 1 1 0 Mr. Harris, Lombard-street . . . 1 0 0 J. Wilkinson . . . . . 1 0 0 R. , • • • . . 1 0 0 George Green, Esq. . • . . 5 5 0 Nicholas Charrington, Esq. . . . 6 5 0 William Forbes . . . . 2 0 0 H. and E. Kemble . . . . 2 0 0 Robert Batten 1 1 0 Mrs. Forbes, ) • • • . 1 0 0 Mrs. Adams„L Camberwell . . • . • 1 0 0 Mrs. Kemble,) . • • . 1 0 0 Captain William Young, R.N. . 1 1 0 Mr. John Stock • • • • 1 0 0 Mr. James Walker . • • . 1 o 0 Mr. W.. H. . . . . • 1 0 0 Mrs. Mary Ashley, Epsom . . 5 0 0 George Byng, Esq. M.P. . . . 5 0 0 C. H. Turner, Esq. . . ' . . 5 5 0 W. Farmer and Son . . . . 5 0 0 Dowson's and Ord . • -. . . 5 0 ' 0 Wilham Mellish, Esq. Bush Hill, Enfield . 5 0 0 Cresswcll, Adams,.and Cresswell . . 5 5 0 P. Cgil vie, Esq. . . . . 2 0 0 Chri. to )her Fairfash . 1 0 0 Joseph Somes . • • : 1 0 0 Captain King, Deptford . . . 1 0 0 Bartlett and Hill . . . 1 1 0 The Fee of 12 Jutymen, per the Foreman .: at Guild hall, Nov. 19 . • • . 0 16 0 Edward White . . • . 1 0 0 Captain John New . . . . 1 1 0 Per Sir James Esdaile and Co. - - - - --- Admiral Warre - . 5 5 0 W. Fuller, Esq. 5 0 0 . • R. G. . 2 0 0 • . • . Esdaile, Hammett, and Co. . •5 0 0 W. G. Peyton 2 0 0 S. G. 2 0 0 • . . • • Per Tltt Stnt Newspaper. Charles Edward Pigou, Esq. . 6 0 0 Ambrose Martin . 1 0 0 . . Hon. G. Vernon 1 0 0 E. J. Vernon . 1 0 0 . . . Miss Fludyer . . • • 2 2 0 • Miss Vausittart . . . 2 U U LA W r COURT OF CHANCERY, DPc. 3. nom) wrtivAii,T. • -- Mr. HEALD, on the part of the ddendant, rose to move the dissolution of an injunction.which had;been,ontailied under cir cumstances Which he would state to the Court, The case with regard to pleadings was extremely longebut in point of facts it was very short. The plaintiff's nal stated,. - that• the plaintiff was a partner with his brothel: Jones Bold, and Richard Greg son, who together carried on the business of African - merchants at Liverpool The plaintiff alleged that he was the senior partner of the firm, and alone had the power of drawing and accepting bills. The plaintiff stated that his partner (Gregson) had entered into some transactions With whirls the defendant (Stewart) was connected, for the purpose of defrauding the. firm, and then proceeded to describe those transactions. He said that a person of the name of Dickenson, residing in this country, but who had a son living at. Brazil, washed.to send an adventure to that country ; but 'having no money of his own, it was agreed by him and'Gregson that,lad - should draw bills upon Gregson, which Gregson should accept:' ThoSe bills were tube placed in the hands of Mr. Stewart, thi; defendant, Who, in his turn, was to accept other bills to be dratn upon him by. Dicken son. The latter bills were to be discunted,toldefray the ex- . pence of the projected esiventhr,4„ '4.43 arrangement was. car ried into effect. It Was provid4llAK,When- tregson's asap, tanzes became due, they weretti . ..tve,Woeiftd once, and no m ore . The Plainfill'allpgja, that when the bills 'became due, it was agreed between • the defendant and Grregson that the latter Shauld renew the acceptances, not in his own name, but in the name of the firm. Dickenson, some time after the transaction, became a bankrupt. - Mr. Stewart-was obliged to pay the .bills which he had accepted for Dickenson, and he, in consequence, . applied to the firm of Bold and Co. to pay the bills which had been accepted by Gregson, and placed in hiss hands. The plain tiff refused to pay the bills, alleging that Gregson had'fraudu lently accepted them. At that time Jonas Bold was abroad, ' and Gregson had absconded. Mr. Stewart entered- an ac ti on against all the partners, and - Jonas Bold and Gregson not ap pearing, a writ of outlawry was issued against them, and it. was to stop ttie proceedings under the outlawry that the injunction - was prayed for. The original bill of the, plaintiff was first filed on the 11th of August, but it was several times amended, and at length the plaintiff filed a supplementary bill on The 20th November. In the supplementary bill - the plaintiff stat ed that the Sheriff of the County had taken possession of the partnership books and effects, under the writ of outlawry against two of the partners ; and he prayed that the Sheriff might be stayed from further proceedings under the writ. The plaintiff's bill was argued on the 21st of November, and the in junction granted. It was a most extraordinary circumstance that the facts contained in the plaintiff's bill were no t supporte d by any affidavit. - The Court could not have been aware of that circumstance at the time, for he had never known an instance' in which an injunction was granted on ex-parte statement, un supported by affidavit. He (Mr. Heald) did not mean to say that the Court had done wrong in granting the injunction, but Ile thought that it would not have granted it, had it been aware that there was no , affidavit in support of the facts stated in the plaintiff's bill. "He believed that he •had omitted to state no tact which was material in the plaintiff's case, and h e would. now proceed to state the defendant's case from the - answer which he had filed on the day the injunction was grantgd, although lie presumed his Learned Friend Mr. Hart wastnot aware of that fact when he applied for the injunction, as he had not men tioned' it to the Court. The defendant admitted that Mr. Henry Dickenson, who resided at Para, in.Brazil;' had entered into an engagement to supply the government of that district with naval stores. In order to carry that engageinent into ef fect, Mr. Dickenson, the father of Mr. Henry Dickenson, enter ed into a treaty with the house of Bold and Company of Liver, _pool, and not with Mr. Gregson only, by which it was arranged that Mr. Gregson should accept bills, and give them to Dick ensoia, with the full knowledge of the firm. In order to prove that the plaintiff was cognizant of the transaction between Mr. Gregson and Mr. Dickenson, it was sworn that the bills, which on the face of -them purported to be drawn on account of the Para transaction, were indorsedby the plaintiff himself. flow,, therefore, the plaintiff could have represented to the Court that lie was ignorant that Mr..Greg,son had accepted bills for Mr.. Dickenson on account uEthe Para adventirfe, it was ditifdtilt to understand. The defendant might rest his case on that fact, that the bills bearing evidence on the face of them that they were on account of the Para adventure were indorsed by the plaintiff; but he went further. He said that the bills upon which the proceeding at law was founded were not bills given on account of the Para adventure. It appeared that the house of Bold and Co., being in a declining state, had been in the habit of drawing bills in the name of the firm, and placing them in the hands of brokers at Liverpool in order to satisfy their exigencies. The three bills in question were drawn by the firm, and placed in the hands of Barton and Co., brokers at Liver- - pool, who were creditors of Messrs. Bold and Co., and Mr. Stewart obtained possession of those bills by advancing mo ney upon them. Such was the answer given to the plaintiff's original bills and if his Learned Friend should find it difficult to reply to that, they would find it much snore difficult to re ply to the answer which had been filed to the supplementary bill. It stated positively that the plaintiff was privy to the transaction between Gregson and Dickenson, which was only asserted on belief in the answer to the original bill. It was also stated that the plaintiff had contrived to get possession of a vessel and her cargo, valued at 10,0001., which he had sold by private contract, and applied the produce in the payment of his own separate debts, and not in liquidation of the joint debts of the firm. Under these circumstances, he called upon the Court to dissolve. the injunction; because, whilst the defendant was prohibited from recovering his debt, the property of the firm might be all dis tributed. - The LORD CHANCELLOR said he had no doubt, that when Mr. Hart applied for the injunction, he stated every thing which he thought material to be stated, and it was only through inad vertence that the Court had overlooked the circumstance that there was no affidavit in support of the bill. - The ground on which he had granted the injunction was, that the proceedings under an outlawry might be assimilated to a seizure of goods under an execution. In the case of an execution against the partner of a firm, the Court would interf e r e t o regu late what property the sheriff should sell, because it was it was a rule in equity that the interest of a partner could not be taken until he had settled his account with his joint partners. The Court, however, had done wrong in granting the injunction upon a bill unsupported by affidavit. It the plaintiff had any equity, he must support it in one of two ways,—either by affidavit, or by the contents of the defendant's answer. Under these circum stances, therefore, he was of opinion that the injunction must be dissolved. Mr. BART, for the plaintiff; said, that he had originally ob tained the injunction without adverting to the merits of the bill at all. The question which the Court-had to decide was simply whether plaintiff, as one of three co-partners, was to be liable for bills in the possession of the defendant, which had been ob tained by fraud, with which, it was alleged, the defendant was connected. It appeared that Gregson, one of the co-partners, had absconded ; air. Jonas Bold, the other partner, was in Africa ; and the plaintiff was left alone to meet the dethands of the defendant. The defendant became the plaintiff at law, and issued bail-writs against the three partners. Air. Isaac Bold, the plaintiff in equity, gave bail to defend himself at law. The other partners did not appear, and were outlawed in the usual manner, at the instigation of the defendant. The defendant was then at liberty to bring his action against the plaintiff, in order to decide whether or not he was liable for the bills ; but, instead of pursuing that course, he had issued a common at tachment against the outlaws, and directed the sheriff to sum mon an inquisition, to inquire what goods and chattels the out laws had, and to take possession of them. The sheriff had in consequence seized the books, and was .about to take possession of every atom of property belonging to the partnership, when the plaintiff applied to the Court for relief. If the sheriff were to be permitted, because two partners were unwilling to defend themselves at law; to seize all the property of the firm, includ ing that of the partner who was willing to meet the action, the partnership would be irreparably injured. The sheriff gave notice of his proceedings to all persons connected w ith th e firm, and the consequence would be, that so much confusion and em barrassment would ensue, that it would be impossible to carry on the business of the firm. The Learned Gentleman con cluded by expressing his confidence that the Court would maintain the injunction, and not permit the property of a co partnership to be made liable for the separate debt of one of the firm. The LORD CHANCELLOR, said, the circumstances of the case were certainly very peculiar, and bore no resemblance to those of any other case which he had been called upon to de cide. He was of opinion, that the plaintiirought not to be pro tected by an injunction, without pledging hirnself in any way to the truth of the facts stated in his bill. If the defendant 44 . :.:"!,. , . .- i. 44,. Ir ., , 0 ILO 4 right at law to take possession of - the partne . rship pro perty, the Court of Chancery. could not interfere to prevent it, except upon some equitable ground. The plaintiff said,. that the bills in :the possession of the defendant were fraudulently obtained. Then let him prove - that. The injunction must be dissolved, but the - plaintiff. might "move that it be renewed, if he would state ,upon oath ,the merits of the case, and that he • was willing to meet the action at law. - Mr. IlAwr said, his client would arrive in London by the coach, at ten o'clock. this evening, and would m a k e the neces sary ffidavit. The Loup CHANCELLOR directed the injunction to be dissolved, to be draWn up to-morrow, if the statements in the plaintiff's bill. should be supported by affidavit. In the meau lame the defendants were not to proceed under the outlawry. ALD • said, that he,tinderstood it was contrary to the practice of the Court to permit an affidavit in support of an in. junction to be put in after an'answer was filed. - mentioned this now, in order that it might not be said that he took the Court by surprise if he objectedto the plaintiff's affidavit to morrow. The LORD CITANCELLOR said, Mr. Heald would do right to take the objection, if he considered it a good one. COURT OF 'LUNN'S BENCH, DEC. 3. Middlesex Sittings after 31ichaelina.s Term, before the LoRV CHIEF Justice and Common Juries. DAVis %%if: XDLE Y. _ . . This was an action of deceit, the declaration alleging/int/int one Ford, had applied to the plaintiff for credit in the way of his business, as a cheesemon,ver, and that desiring,a reference., he referred him to the defendant, who being asked by the plaintiff whether Ford was. worthy of trust, and paid his bills regularly, and whether he owed him any thing? the defendant tepee-. sented him to be a person worthy of trust—that ,he paid his .bills regularly, and that he owed him nothing but for two tubs of .butter ; :whereupon the .plaintiff, confiding in this, gave Ford credit for goods to a considerable amount, but he turned out to be a person unworthy of credit, did not pay his bills regularly, and, in fact, owed the defendant upwards Of 2001. at the time the reference was given. Mr. SCARLETT and Mr.COMYX were for the plaintiff, and Mr. MARR Y AT and Mr. ABRAHAM were for the defendant. , The defence set up was, that the plaintiff could not be de ceived by the defendant's representation, for he had given Ford credit for several sums before the reference was given to the de fendant, and that he had inquired of another person into Ford's solvency before he spoke to the defendant. The CHIEF JUSTICE charged. the Jury, that they must be satisfied that the defendant h a d made the representation as to Ford's circumstancts, fraudulently and deceitfully. „If they should be of opinion that thOse were hii motives, they must find for the plaintiff', but their damages could not exceed 1501. the sum for which Ford was indebted to the plaintiff'; but they might give any lesser sum that the circumstances of the case would warrant. The Jury found their verdict for the plaintiff—Damages, £124. COCKSHOTT V. BLYTHE. This was an action for money had and received. The plain -tiff was managing owner of a vessel called the Adamant. The plaintiff had engaged for the conveyance of two families, con sisting of eight persons, to Van Diemen's Land, for the sum of 4001. Two hundred pounds were paid in the first instance, and for the remaining sum the plaintiff was contented to receive a bill of exchange drawn upon a solvent House in London. This bill was left in the hands of the defendant, and the produce was to be paid to - thi - plaintiff, on the defendant's receiving genee that the passengers had reached their intendeedestina lion. They were landed, but tome of them, disappointed in the expectations which they had formed, returned to England, and to these - persons the defendant paid the 2001. bill upon an in demnity against the claims of the plaintiff . The CHIEF JUSTICE before the conclusion of the plaintiff's case, thought that the second owner of the vessel ought to have been joined in the action; and as this had been omitted, the plaintiff' was non-suited. COURT OF COMMON PLEAS, DEC. $. The Ciii,EF J us'r icr sat this morning at Westminster, to hear Nisi P . :lose:4o, none of which were of any public interest. • i, PREROGATIVE COURT, DEC. 3. TIIE WILL OF LOUD KIRKWALL, DECEASED. A testamentary paper, purporting to be the last will of the late Lord Viscount Kirkwall, was propounded by Lady Dow ager Kirkwall, as next of kin of the deceased, and executrix therein named. The Court decided that the will in question was regularly drawn in the usual form, and signed by the testator himself; the same being in his own hand-writing, executed in presence of his Lordship's Solicitor and three attesting wit nesses; likewise a codicil, in like manner drawn and duly exe cuted. The Court therefore pronounced for the validity of the will and codicils, which had been opposeekby Lady Kirkwall, widow of the deceased ; between whom and his late Lordship, it will be recollected, a suit of divorce had been long pending in the Consistory Court. A Proctor, on behalf of Mrs. Henri, who it appears is now resident in France, (and between whom and her husband it is understood a suit of divorce on the ground of adultery. is now pending in, the • French Courts,) applied to appear. by proxy, and to administer to the will of a relation in this country, de ceased, by which she claims, as a legatee, property to the anion: t of tioool. Dr. SWABEY subimitted, that the party in-this case could not sue out letters of Administration, being under coverture, less it could be made appear, either by the death of the husband, that she had become a femme sole, that her husband had been banished, or that he had given her a general power of attorney to act for him during his absence abroad. This doctrine had been held formerly in the Prerogative Court, in the case of Elizabeth Wilmot, a femme couverte, applying for letters of administration during the lifetime of her husband, as in this case ; and the Court decided, that unless under the before men tioned requisites, she could not be permitted to sue letters of ad ministration, by proxy or otherwise. Sir J. Nicilof. decided, that there was a meterial distinction between that and this case. The party in this case sued not upon what belonged to the husband, but to her the wife; who was to be benefited ; and as such, entitled to administration. In this case, she ffered to be responsible, by giving security for the due performance of the trusts. Under these circumstances the Court permitted Mrs. Henri to sue letters of administration to the will annexed, giving the usual security, LONDON SESSIONS. Yesterday these sessions were commenced befOre the Loup MArort, the SllEl6l'l , B, Aldeimen BROWN, Blitcat, Sir Jon.w PERRINO, and TitompsoN. • The COMMON . SERoEn:vr, in charging the Grand Jury, recommended to their notice the vehicles called " Vans "which might be seen daily passing through the streets, /nailed it a frightful height, and exciting great fears in the inhabitants. — Ile advised, that if any complaint should be made against the practice of permitting such vehicles to move along with such loads, the Grand Jury 'would mark them in a particular man ner, as such oscillating columns were, no doubt, intolerable nuisances. One man had lately lost his life by an accident which occurred in consequence of the immenseload upon one of those vans, and it was certainly matter of surprise that more ac cidents had not taken place. CHARGE OF ASSAULT AGAINST A SOLDIER. William Blithe, a soldier in the second regiment of Foot Guards, was tried upon an indictment charging him with hay ing assaulted Robert Longdale with a musketand bayonkt, and with having used threats against the prosecutor's life. Mr. COOPER, in stating,the case, said, that the question to be decided was, whether the citizens of London had any right to expect that they might walk upon the footpath in the streets without fear of military violence, or were to be jostled and kicked out of the way at the 'pleasure of any man with a red coat on his back, and a formidable weapon in his band. —lt was to be hoped that the verdict of the Jury would teach the soldier to keep his arms for proper use, and not in a time of peace to apply them to malevolent purposes.— Soldiers were, as Mr. Pulteney had described them, mere passive instruments, any one of whom, if ordered to drag his lather out of the 'louse of Comtnons, must do it without hesi tation. The Commander was responsible, and Mr. Longdale, who had himself been in the Army, applied to the person at the head of the company, who, however, preferred assaulting him to giving him the expected redress. If such things were per mitted to go on, it would, in the Learned Counsel's opinion, be much better to get out of the country than to abide in it. Mr. Longdale said, that on the 17th of September Last, as he was passing down Ludgate-hill towards Heet-street, he was pushed off the pavement, anti some one rudely said,—" Get PRICE SEVENPENCE. -out of the way." Witness, on turning round, saw some soldiers, and said, What the devil do you mean by that ? i don,bt whether you have any right to walk on the pavement at at." The soldier to whom he spoke told him •to go and be d- Witness then,spoke to the. defendant, who w a s c o r po ra l, u p on ' the subject. '1 he corporal told him to do what the soldier ad vised him to do,, in the same language; upon hearing which, witness asked his name and his regiment. The corporal re , . plied, " your blood, • if you don't get out of any way, I'll run you through with my bayonet"- The--corporal then took his musket from his shoulder, and, lowered the paint. Witness started back, or he really believed the defendant would have xun him through. . On his cross-examination by Mr. ADOLPHUS, he said that he was, about six years ago, in the militia, and was now a spe c4hleader. He had not taken hold of the corporal's anm, but miglithave touched him. • The bayonet was lowered, but not so low as his body. , • A.nran named Talbot confirmed the prosecutor's statement. Mr. Ano tmius ' in his defence of the corporal, ridi cu l e d what he called Mr. Pulteney's frothy declamation, and assured the Jury that he had studied diligently the records of his coon .. try, and had ascertained that the estates of the realms were so happily - blended by the Constitution as never to be capable of acting but with one interest, design, and. object, and that it. was impassible-.that one I.l'z could; Irons jealousy,. bring the sal diery to Act against another part of the community even to - rieiste..„. The military had a right to pass through the streets as they the „liilgit-of doing, and it, could not be that they were tO be broken and driven about by the 'cariiages. He had learned, that since the extinction of the feudal system, it Wtas'never known that the civil powers had been put down by the military, except when factious demagogues destroyed stitutions,ottbe country: After some :further _observations, in the course of which the Learned Counsel took occasion to east imputations upon the prosecutor and his evidence, he called nil'. soldiers, who were of the marching party, and all of whom swore that the defendant went between the second man and the corporal; and took hold of the arm of the corporal which 'supported the musket, and seized the musket with the other in a manner which obliged the corporal to turn round, and prevent his piece from falling. They also swore that the corporal hid not used a word of abuse. Mr. COOPER contrasted the evidence given upon both sides, and observed upon the likelihood - that common men, who mess.:d and lived together, would be unanimous upon any subject con aected with any one of them. The Commox SERGEANT, in summing up, said that cer tainly soldiers had no right to shove the paopie off the pave ment. In the present.case, he considered the soldier had rot acted with impropriety ; but if the assault had been proired, the most severe punishment would be inflicted. Verdict..;_. Not Guilty. • MIDDLESEX SESSIONS. The Sessions commenced yesterday before Mr. CONST, the chairman, and a Bench of Magistrates. ARSON. Edward Evans and Virtue Evans, husband and wife, were indicted for a misdemeanour for wilfully setting fire to the house of which they occupied the ground floor in Saffron-hill. There were 13 counts in the indictment, it whiCh it was set 'forth that it was done with intent to injure the Sun Fire-office. . The facts of the case, as stated to the jury; and afterwards proved by the evidence, were these :-The defendants kept a chandler's shop at No. 46, Saffron-hill, and on the 10th of Sept. last, about seven o'clock in the morning, it was discovered .to be on fire by the neighbours. The female diendant gave the alarm to the lodge-,s in the house, and having fastened the front door, she stoottat the back door to prevent any one from coming in to put out the fire, telling all who endeavoured to gain admittance that.she would let no one in to rob the house while her husband was absent. It'seemed that the male de fendant had gon'e out 'abthit half an hottr previOUSly. Mrs. Marsl4l, one of the lodgers, now came screaming down stairs, with a jug t)f. Water in her hand, crying out "• Murder, fire I" and attempted to get into the room where the fire was, to endeavour to put it poi.. All her efforts were, however, .fruit -less and Mrs. E‘- - ans succeeded m pnting her from enter ing the room, saying" No one shall plunder my house wh:le my husband is absent." Mrs. Marshall, greatly alarmed, said " We shall all be consumed ;" and tills. Evans coolly replied that she was insured. At length two neighbours, a Mr. Sparks and Mr. Smith, succeeded in getting tao the room.— On entering it, all was darkness. They opened the shutters and window, and found the fire, not blazing but mouklering. They found the bed was on fire in five orsix places ; a chair in another part of the room ; a chest of drawers in another corner. The fire was thus found not in one spot, but in separate parts of the room ; and what was observed to be most singular was, that between the bed and the chest of drawers, both of which were on fire, there was a child's bed not touched in the slightestdegree. There could, therefore, have been no communication between the two fires. There was also found to be a fire under the coun ter in the shop ; and on a shelf there was some wood all on fire. Several bundles of wood were also observed about the shop and back parlour, partly burnt; and a box full of old rags all on fire. By the intervention of the neighbours, the fire was at length extinguished without any damage having, been done to the houie. In the year 1815, the male defendant had insured his goods at the Sun Fire Office for 1001., but about a fortnight before the fire he had increased the insurance to 3001. The total valuatien of the goads in the defendant's possession after the fire was only 301. 'When the agent of the Sun Fire Office called upon the _defendant to ascertain the amount of the damage, Dlr. EVit2S said he had lost a great quantity of property, amounting to no less than 1591. He had lost two entirely new suits of clothes, and 1001. in Bank-notes and cash. In a conversation with a neighbour after the fire, the male defendant being questioned about same pictures, said he had sent them to have the frames re-gilt ; some other goods he had pawned, and a carpet he had given away . as good for nothing. This was the mannerin which he said he nad disposed of his property. About five minutes' before the fire was discovered, the female defendant was seen at a gin shop taking a glass of brandy. The male defendant was gone to market with his two children, to buy some cabbage, and returned about 8 o'clock. This was the substance of the evidence produced on the part of the prosecution. ilr. ALLEY spoke on behalf of the defendants, and main tained that to affect the male defendant, at least, no testimony had been adduced. lie was entirely innocent of the transaction, whatever the wife might have been ; for he had gone to market in the regular course of his business to buy some cabbages long before the fire wg,s discovered. As to the female defndant, he urged that she fad shewn no guilt in not admitting Strangers into the house, cautioned as she had been by the notices front the Fire-offices, not to admit persons in Mich cases to plunder the goods. lie called one witness, who proved that the male defendant was at the market buying cabbages. The CHAIRMAN, in summing up, obierved upon the eN tremely heinous offence which the defendants were charged with. having committed. As to the female defendant the evidence was in his mind conclusive, and ,he thought that, with respect to the husband, little doubt could be enteztaln ed, but that he was mainly instrumental in the commission of the crime. It was proved that be had gone out half an hour before the discovery of the fire was made, but it was to be meet leetedthat the fire was found in a mouldering state, and one witness said it might have burnt for half an hour. The fact of the insurance was also too strong a point to be forgotten, and he knew it would have its due weight with the Jury. The Jury, after a very short deliberation, found both the defendants Guilty. The Chairman reserved the sentence for consideration: 64 You may keep what you like and return what you please,."—This is a handsome offer at arty time, but particularly after the Drawing of the Lottery, and such in fact is the offer of the Con tractors, who will allow the Public to 'return their Tickets or Shares at a very small reduction of price, after Next Tuesday, when a Prize of FIVE THOUSAND POUNDS at least • is sure to be Drawn. The demand,as may be expected, is most rapid, and certain dashing Speculators want to take them away by hundreds, which the Office Keepers endeavour to prevent, as it is their object to oblige as many of the Public as possible.