The Sun. — London, England, 1821-11-17 00:00:00

;.~,~~:_ _ r --., ' : ~ • ... .." '' .. ,4 ,-- r- f - - -•- ' - . ''-' ' . ' , A ~. : 0, it ‘,. 4 . ..1 _ --c•-,- . • ...i., ‘....„ M .... ..,,:. _ ,4" . ..... 7:: ---:,. ! 1 . . , • . . • , , ",..„__.... _-. .„.4..€t..! '',, 1 l' 4 -4 . 1 ~. _ . • '44' ii 9 * , N, , •, , ....., // 72 --.7----(- . . . . , (1761,-Cii7:l , U,,,,id- _ " NUMBER. 9120.] SATURDAY, NOVEMBER 17, 1821. • '• OFFICE. OF ORDNANC:E i '.November 12, 1831. THE PRINCIPAL OFFICERS of His MA JESTY'S ORDNANCE do hereby -give Notice, that Proposals will be received at their Office, in Pall-Mall, on or before Wedesday, the 21st Instant, from such Persons as may be willing to unde'llake the Supply of OILS, BOT TLES,'and other Articles,. for service of this Department for a period of Three Years, determinable after the expiration , of the first year, upon Notice of three Months, at the Option of eithenParty. Patterns and Samples of the Articles mar/ be. viewed upon application at the Principal Storekeeper's .Office in the Tower, and farther Particulars, together with the 7'erms and Conditions of the Contract, may be known at the Secre- . tary's Office, in Pall 2 Mall aforesaid, any day bet Ween the' Hours of. and Four o'Clock, where the Proposals must be delivered, sealed up, and endorsed " Proposals for Oils, Bottles, &c.;" but no Proposals can be admitted after the 21st Instant, at Twelve o'Clock at Noon of the same day ; neither will any Tender be noticed, unless the Party making it, or an Agent in iris behalf, shall attend. By Order of 11. e. Board, . R. H. CREW, Secretary. OFFICE_OF OIEDN-42VCE, November 5, 1821. THE PRINCIPAL OFFICERS of His MA .I STY'S ORDNANCE do hereby give Notice, that they will be ready to receive Tenders in writing, at their Office, in Pall Ma/l, on Monday, the .t9th Instant, films such Persons as may be desirous of Purchasing Two Hun ared and Twenty Tons of RE-MELTED LEAP, remaining in his Majesty's. Stores, partly at Woolwich and at Ports mouth. . . The Lead may be viewed upon application to Sir Trillion& Congreve, Bart. the Comptroller . of the Royal Laboratory at Woolwich, and to T. G. Burslem, Esq. dssistant Fire ma4ter to the Royal Laboratory at Portsmouth, any day pre 'owns to the day of Sale. Tenders will be considered for the whole or port of the Two Hundred and Twenty Tons, but no Proposal will be admitted for a .smalicr. Portion than Fifty Tuns, and Pay ment (f the Purchase Money will be expected on delivery of the Lead to Purchasers. Farther Particulars 2nay be known upon application at the Secretary's (Vice, in Pall Mall aforesid, .any day between tree Hours of Ten and Four o'•Clock, where trse '''' 64 t be delin6red, sealed up, and endorsed "Proposals for ; but no Proposal can be admitted after the said 19th Instant, at Twelve o'Clock at Noon of the same clay; neither will a 2, ,, Tender be noticed, sinless the Party making it, o r QM -.lent in his behalf, shall attend.• . By Order of the Board, R. H. CREW, Secretary. DEPT FORD VICTUALLING-YARD, Nov. 3, 1821. fill:SE are to give Notice, That on Thursday, th e 22d Instant, a t Ten o'Clock in the Forenoon, t " 111 6 e expoAed to PUBLIC SALE, at His Majesty's victualling Yard, a t Deptford, sundry Lots of the. fallowing " ri thiwg.7 and Stores, now lying in the said Yard,' viz. Bread, Bread Dust, Flour, Flour Sweepings, Raisins, Rice,, }'ease, Oatmeal, Callavances, Baliehottse Sweepings, Vre 7, setvtd Meats, Soup, Bags and Rags, Beef, Pork, Suet,. uutr, Cheeie, Sugar, Vinegar, Leagre, Butt, Puncheon, t: u g s head, Barrel, Half-Hogshead, and Kilderkin Staves, m a ding light and dry, Broken and Beut Iron Hoops Bricks, Fire -wood, &c. &c. neposit of 251. per cent. is to lie made upon the amount of each-Lot at the time of Sale, and the remainder r f the pur elilst7money paid before the Stores are removed, fur which Purpose a period of fourteen working days will be allowed. from the day of Sale; the Buyers particularly observing that - not less than one half of the quantity is to be taken away with in the first seven. days, and the remain'ilerin.theseven f°ll( ti . ng days, otherwise the Deposit Homey twill be forfeited, a nd the Provisions or Stores remain the property of the C°7 c 2 i, as no extension of time will, on - any account, be granted. The Provi.sions and Stores may be viewed during the cam 71L" working hours of the Yard, on the three days i tame difitely preceding the day of Sale. C atalogues may be had, on application at the above Yard. Sion College, Nov. 13, 1811. Fir 'VAN DIEIIEN'S LAND, and NEW SOUTH WALES, witli leave to call at the Cape of Good Hope, N A7N . THE flue coppered A 1 SHIP DEVERON, lying in the' London Docks. Burthen 300 tons, WILLIAM WILSON, Commander. Has most excellent Accons modation fur Passengers, and carries a Sur -I,cO.„rwper'- P reiglit or rt, ag Passe, apply to JOHN LYNEY, jun. cuu • Direct fur BOMBAY, \J'' •!gr THE fast-sailing coppered Al, ' lifi , SHIP, NESTOR, bin - then 400. Toil s, lying 1, -4 7 \ in the City Canal, EDWARD THEAKER, . 11 ‘;i6ri b. Commander. Has good accokiniodations fur For Fr e i Passengers. Cowper,ght or Passage, apply to JOHN LYNEY, jun. 1 s court, Cornhill. . . ..._ A c o nstant Trader, and is under a Guarantee to sail ou the 15tH of December, For CEYLON and BOMBAY, THE fast-sailing coppered Teak .. . SHIP SWALLOW, A. ROSS, Commander, ~ 4:\t l Burthen 400 Torts, lying in the City Camtl. qw `ot.Z. Has good accommodation's - for Pab±icogers, and will carry a Surgeon, covv,„rrot,,ht or , C Passage apply to JOHN LYNET, jun. 1, Per s -courtornhill: ~.._ Positively to sail on the 20th of November, I s or Bc • -, NgAL, direct, with leave to land Passengers (!iot ' - Goads) tit MADRAS, , -, THE new Teak-built Sill' L ADY , • KENNAWAY, Bort heii GOO-Tons, lyiug in the i t; - ~ .1 City Canal. C. BEACH, Commander. Has . . \-1 . su:nerior accommodation for Passengyrs, and '' .. "' -- -7. - - will carry a skilful Surgeon. Aia,,,,,_ . For Freight or Passage, apply to the Com itnd I : 1 , .it the Jeritsalern Coffee-house; to ;Messrs. SMALL" , t -'utvp, 4 r N E. S. Old Jewry; or to JOHN LYNEY, jun. I, .6-totut, Curahill. PIANOFORTES AND PEDAL HARPS, GOOD AS NEW. A CABINET PIANOFORTE, not to be /IL equalled in Touch and Toue, usual price GO Gni Ilf`TiS, fur 68 Guineas. 'A Square' P;atio, 25 Guizreas. A Grand six Octave Horizontal Piano Forte, with lyre pedals, &c. cost 100 Pounds, for 75 - Gitineas.—The best double-action .Harp in England, ha,s tint been uged ten times, cost i2O Pounds fur 89 . Gnineas,- 7 Aiso a single. action ditto, 45 Guineas, late the prOperty hf a Lady. May be seen at J..WATLFN'S, 13, LeiCester-place, who informs . his friends, and those at a distance from Lopdtm , that t bey'rnay be assured the above are worthy•of notice. Tlis Day was published, Number IL. of 700 LOGICAL RESEARCHES in the Is- Z. 4 land of Java; &c. with Figures of Native Quadrupeds and Birds.. By THOMAS HOR SFIELD, M. D. F. L. S. • . To he , Coraprised in Eight Numbers, royal 4to, its. each. Each Number will consist of Eight coloured Plates, repre• sentinoaoafiropeds and Birds ; in most Numbe - rs one ad: ditiunal uncoloured Plate of Illustrations will be ddded.— Each'Plate will' he accompanied by a portion of explanatory matter. Printed for flack, Kingsbury, Parbury, and Allen, Leaden• hall•strcet. LAW INTELLIGENCE. COURT OF CITANCERY, Nov. IfL THE ATTORNEY-GENERAL V. 'pliE COOPERS' COMPANY: This cause was in part heard on 'Wednesday last. - This morning Mr. Hour was heard in reply. The Learned Cotin sd denied that there was any foundation for the insinuations which had been thrown out respecting the mismanagement of the school under the direction of Dr. Jeans. He had heard that a proposal for an increased salary.to Dr. Jeans had been carried before the Master ; but he had no doubt it was intend ed that the increase should take place from the latest possible period. The LORD CHANCELLOR—Let this stand till Tuesday, and in the mean time, if any proposal for an increased salary has been put in, let me see it. Mr. WETHERELL said, there was another petition in this cause from Robert Hudson, the elder and younger, who prayed that it might be referred to the Master to inquire whether it would not be expedient to reduce the rent of a farm of which they were tenants. The petitioners rented the farm, under' a lease of the Coopers' Company, at a rent of 4301. per annum.— In support of their prayer the petitioners have annexed to their petition an affidavit, in which they had • very circumstantially detailed the different prices of potatoes in the Scotch and ;Jon don markets, in order to shew that it was impossible to obtain a profit from the produce of theii farm, which consisted chiefly of potatoes. Mr. CHING followed Mr. Wetherell in support of the peti tion. He said that when the petitioners took the farm, they cal culated upon obtaining a gain to a certain extent,- by supplying the Londtdi market with potatoes, but they now found that in consequence of the large quantities of that vegetable which were imported from Scotland, the price had very much decreased.— Formerly they could obtain 41. per ton for potatoes, but now they could obtain only 11. The assessed taxes on the farm were 1701., which, added to the rent, amounted to 8001. upon a farm of 108,acres. The Learned Gentleman concluded by calling on the COrt to allow the Coopers' Company, as trustees of the property, to lower the rent. Mr. HORNER, on the part of the Coopers' Company dm tended that all leases would henceforth be considered as good for nothing if the Court were to listen to the application of the petitioners. The lease was granted to the petitioners in 1817, at which time they were fully aware of the actual worth of the farm, as they had been in possession of it some time at a rent much under its value. The master of the Court having directed that the farm should in future be let at an increased rent, a va luation of the farm was taken, from which it appeared that it was worth 5501. per annum. The petitioners, however, offered 3301. a year, and as they h a d b een in possession of the farm be fore, the Coopers' , Company granted them A lease upon those terms. His Lordship was in possession of the facts of the case, and it remained to be seen whether the Court would break in upon leases in the manner , proposed. • The reasons which had been assigned for the interrerence of the Court in behalf of the petitioners would hold good in any other case. The petitioners did not think fit to state the profits which they had obtained in former years ; but the moment a change occurred in the state of things - to which they had been accustomed, they wished to give up the farm. He would repeat what he had before stated, that it his Lordship granted the present application, leases would be good for nothing. Mr. WETHERELL said he never remembered an applica tion which rested on better grounds than that which he had made to his Lordship. The petitioners gave a very minute statement of the produce of the farm, and its relative value, at the time they took the lease and the present time. It would be troubling his Lordship too much to enter into an account of the gardening stuff, the drum-headed cabbages, and the The LORD CHANCELLOR here observed, that he did not know much about drum-headed cabbages, but he was a sheep farmer himself, and he knew that mutton which some, time since sold for lid. per pound, he now saw - marked up for 3d. per pound as he went through Long-acre. He did not, however, think himself entitled on that account to call fur a reduction of rent. In times of high prices he had never heard of•farmeis giving their landlords more than the stipulated rent; yet now the case was altered, they immediately cried out for reduction. Though the Court had sometimes listened to applications simi lar to that now made, it had never gone further than to refer it to the Master, to inquire whether the rent might not be reduced for a particular period. He had no objection to let it b e re ferred to the Master to inquire whether any, and what, reduc tion might be made in the rent of the petitioners for the present year. But the petitioners must pay the costs of the application. Mr. CHING suggested that it would be advisable to reserve the question of costs. The LORD CHANCELLOR replied no ; it was a very bold petition. He thought it would be a proper course to pursue, when the Court made an order for a reduction of rent, to en. graft upon it a stipulation that when the price of produce should rise, the tenant should pay an increased rent, or at least to make good the by-gone reduction. THE. AT TORNEY-GENERAL V. THE SKINNERS' COMPANY. GREGGopened the pleadings. Mr. I4EALD said the cause came before his Lordship as an appeal from the decision of his Honour the Vice? Chancellor. The information was originally laid by the Attorney-(leneral at the relation of some persons against the Alaster and Wardens of the Skinners Company and their secretary, for the pur pose of obtaining an inspection of the books and papers of the company. The object of the bill was to make the company account for the rents and profits of considerableproperty which had lately been much improved by being built upon. Tne property was called the Foundling-fields, and lay at the back of the Found ling Hospital. It orinally belonged to Sir Andrew Judd, who was a skinner, whoileviscd it by will for the'ptirpose ofsupporting Tunbridge school and other charities. It was contended, on thapart of the school, that that part of the property which was called the Sand-hills, and lay betv. - cen.the .Foundling Hospital and the New-Toad, ought to be considered as specifically appro priated to the maintenance of the school. On the part of the Company it was contended, that it was impoSsible legally to separate the property, and say that any part was , specifically bequeathed for the support of the school ; but that the whole waxelcvised lxy Sir Andrew Judd,. together With other property in the city of London, for the maintenance of the school and other charities mentioned in the will of the testator. The bone of contention then was, whether the school was entitled to the property called the Foundling-tields, in the parish of St. Pan eras, now, in consequence of some recent improvements, worth 4,04)01., or whether it was entitled only to 401, per annum from the rent of the estates. :Ur. BART said his Learned Friend seemed to leave forgotten the only material question, which was, whether, supposing the I school would be content to receive the 401., 'the company were to take the 4,0001. fOr their own benefit. Mr. HEALD said he had not forgotten that point,. as. Mr. Hart would have seen' had. he not incerroptA! limi ; hut he '• would maintain, that if the Attorney-General. should fail to in. duce. his Lordship, to /give the school a inrger . portion of the rents than 401. a year, it was immaterial to the school Whether the . C - onmany applied the remainder for their tiWn benefit or in aupport of other charities. He had stated to his Lordship what he conceived to be the question at issue, and he would then pro. coed to detail the faets on which it rested. In the reign of Ed ' ward VI., Sir Andrew Judd, who was an Altlesman and a per son of some note in the city of London, wialting to make him , self of note to - all eternity, applied for a charter to enable him to found and endow a free-school. The charter was obtained in the7th of Ed ward VI., and was the first &eminent in point of date in the cause. The . charter, like most-.other Charters of that period, was originally written in Latin, but it had been very•eorrectlte translated. He had compared the translation with the Orieinal, and found that it was very'faithful ; and he had heard no complaint with regard -to it on the part of the school, which was so able to discover error, if any- had existed. The Learned Counsel then read a pe,ssage from the charter, in which permisaion was granted to Sir Am:v.9 , 6lmM to-found a free-school tit.Tunbridge, to be called after-his Wane.. The founder was also.appointed governor for, his life, with authority to appoint a master and under-master of the school, and to deter mine - their salaries, and to enact statutes for - the regulation of the school. It was provided, that after. the death of Judd, the government of the sehoel was to be vested in the Master and Wardeni of the Skinners' Company, who, were to possess all the powers enjoyed by Sir Andrew Judd, with the exception of that of determining the salaries of the Master, and under Master. The Skinners' Company were then empowered to purchase, for the support of the school, lands not . exceeding in value 401. a year. It appeared, that in the 6th year of Queen Elizabeth, in 1663, about 9 years after the date of the charter, a statute of the school of Tunbridge was published, which stated that Sir Andrew Judi had created a free grammar, school at Tunbridge, and that lie. had directed the Master to receive a quarterly pay ment of Al., and the under-master a like payment - of 405., mak ing altogether the sum of 281. per annum. In order to shew from whence the funds in support of the school were to proceed, the Learned Counsel referred to the will of Sir A. Judd, which was dated the 2d of September, 1558, in the reign of Philip and Mary. It ought to be observed,. however, that though the sta tute to which he had just alluded was dated after the death of Sir A. Judd, yet it was evidently framed in his life-time. The testator died in the same year in which his will was made, in 1558.. He (Mr. Heald) cortceivtal,that the will was a most im portant document, although the Judge who tried the cause in another place was reported to have said that the decisiOn of the case turned not at al ,upon the will. He ought in this stage of the case to state, that the appeal had been lodged in consequence of an opinion entertained by the legal advisers of the Company, that the case did turn upoh th e will mainly and principally.__ The will stated, that the testator,having founded,a school -at Tunbridge to continue for ever, for its support bequeathed to the Skinners' Company in trust his property inSt.Pancras, Mid dlesex, and other property in the parishes of St. Helens, All Saints, and St. Mary Axe, in the City of London. The pro perty in St. Pancras, at the time of the testator's death, pro duced an income of 131. Gs. Bd. ; and had it remained at that value, it was not probable that the Court would have been troubled with any suit 'respecting it. But when the Sand-hills were overspread with streets and squares, and the rents pro ceeding from them. amounted to '4,0001 a and would probably equal ten times that sum when the present,lea.ses had expired, then the school came forward and said, that though Judd did not give them the land by his will, yet it was convenient for them to have it, and have it they would. The yearly value of all the lands devised by the testator was 601..135. 4d. By the char ter the company were empowered to employ not more than 401. a-year in support of the school. The will then directed how the remainder should be distributed. The Company were to have an annual sum of 21. for paying a yearly visit to the school and seeing that the pedagogues were employed in teaching the boys " virtue and learning. " The Company were also to pay six poor almsmen 4s. each on every Sunday, and - 10s. a-year to the renter warden. A balance of some pounds still remained, and this was to be employed in needful reparations of the school and the trust-tenements ; and the overplus, if, there were any, was to be for the use of the Company. It appeared, therefore, .that the testator anticipated there would be a surplus, which he directed to be laid out in repairing the tenements, from which the revenue was derived. How unfair, then, would ithave been for the school, upon the death of the testator, to have' said, " We will take the Sand-hills for our portion, because they will never need repairs ; we shall always be sure of our 131. Os. Bd. If a-fire should burn down the city, we shall still have our .hills, and will leave the poor almsmen to get their support out. of the ashes." Mr. Heald then said, that three questions would arise with respect to the overplus. First, whether the Company could not take it as a remuneration of their labours, by virtue of the 43d of Elizabeth, by which, as his Lordship well knew, the testator's. will, as well as all similar documents, was made a valid instrument. Secondly, whether the Com pany could not convert themselves into trustees of the overplus. And thirdly, whether, if the Company could do neither of these things, the overplus ought not to be considered to be badly dis posed of, and as belonging to the heir at law. He next came to the circumstance on which the claim of the school to the pro perty was chiefly founded. It appeared that all the property which Sir A. Judd devised for the support of the school and other purposes, was purchased from two persons of the name of Gates and Thorogood. The property was conveyed by G a t es and Thorogood to Sir A. Judd and a person named Fisher. This Fisher was a servant of SirA. Judd, and for what purpose he was associated with him in that way did not appear. After the deaths of . Sir A. Judd, Fisher, in compliance with the will of the master, conveyed the property to the Skinnees' Company. The Company, however, soon discovered that Fisher h a d made a p rev i ous con veyance of the property to some of his own relations, and they thereforcnapplied to the Legislature to make good their title to it. , The Legislature, by a n ac t of th e 14th o f Eliza beth, declared that the right to the property was vested in the Comeany, and it was upon the wording of that act that the school founded their claim to the-lands in the pariah of St.' Pancras. The son of Fisher, however, discovered that the Company had still no right to the property, because, the Act of Parliament- had given it to them under a wrong title. To remedy this defect, the Cernpany again applied to the turc,Legisla which, by an act of the 31 s t o f El iza b et h, enacte d , t h at the orispany should have the benefit of the former Act, whe ther they were wrongly designated by it or not. The Learned Gentleman then contended, that the construction Which was put on those Acts of Parliament ought not to be permitted to overturn the positive declarations contained in the charter and the will of the testator. The Acts must be considered as pri vate Acts,. and the intentions of those who obtained them must be taken into consideration. What, then, was the intention of the Skinners' Company in applying to the Legislature ? It was to prove their title to the property, not to obtain a - direction as to the particular manner its which it should be appropriated. The Loan CHANCELLOR asked whether the deed of convey, ance from Messrs. Gates and Thorogood was extant ? (The so licitor for the Company said, that it could not be found, and was supposed to have been lost, together with many other papers, at the time of the fire of LOnclon.) His Lordship then observed, that the Act of the 14th of Elizabeth recited the . property to have been conveyed to Sir A. Judd and Fisher, as joint tenants in fee, for the express purpose of being conveyed by them to the Skinners' Company. Judd died, and Fish er convey ed t h e estates to some persons who claimed them under that convey , ance. The Legislature then made good the conveyance to the Skinners' Company against the p ersons to whom Fisher had previously conveyed. theM. But the Act did not operate against the descendants of the Alderman. The Act of the 14th, and the Act of. the 31st of Elizabeth, differed mate rially with respect to the charitable uses to whi c h t h e property should be given. When the Court came to decide upon the case, it would require from the Company an account of thepro perty devised by the will of Sir A. Judd, Int not appropriated by the Legislature. Ills Lordship concluded with desiring Mr. Heald to conclude Ids'aegument to-incrrow. , . VICE-CHANGELLUKS COURT, Nov. 16. EXPABTE SHAW IN RE HOWARD 'AND GIBBS. • This petition having been fixed for three o'clo c k t hi s d ay , t h e Court Was exceedingly crowded, in expectation of hearing its merits fully' diseusseu. . The array of .Counsel .was sufficiently imposing .--Messrs. Horne, :Messrs. and Blake, fo r th e peti tion of 'lll'essrs. 'Shaw and Co: ; Messrs. Part, Bell, Agar, fleald,,Motague, and Itc,sc, against it. ' Mr. HORNE said he would state the merits of this queStion very shortly. Mr. BART rose, and said that the affidavits filed stated ne w facts, with which he had net been acqtfainted, and that he was not therefore prepared to gaorn AIT. MON"TAG U E said that he had been ;ending the a ffid av i ts ' till eleven last "light, and resumed the task at four , this morn aug ; but tbat at seven he found three' new affidavits filed, and oa coining to his chambers:this.morning, he learnt that there were three Inore. Mr. Hon NE asked whether 51r. Montague would state when he would be ready. Mr. A oan - said that io one could tell, for Mr. Horne's clients were going on filing afhdavits. Mr. BLAKE said that no affidavits had been filed in answer, from Friday till Wednesday, and that, therefore, they - could not on his side have their affidavits filed earlier. The VICE-CHANCELLOR. said, • that some rule must be adopted respecting the ffinig of affidavits in this case. Mr. HART observed, that such a rule was imperatively celled for. Mr..IIORNTE read a aottce which had .been just put into his. hand, bearing that affiaaVits tired in the matter of. Grinstead Would be read in thiS case. Much contention here arose respecting the filing of affidavits, the handing over reciprocally copies of such affidavits, and the probable time that might be required. The VICE-CrIANCELLO at length ordered, that no affi davits should be further filed against the petition, but in so far as new matters were stated in the affidavits on the other side, and that -the atrulavits_in reply should be limited in like manner. Mr. .ki.wiNE asked who the solicitors were for the several par ties on . the other side, that copies might be got of the several affidavits without loss of time. Mr. MONTAGUE said, the same solicitors were for all parties. Mr. HORNE—I have no doubt of it. The solicitors are the same, and the cause is one. • . . l~lr. MONTAGUE.-Mr. Howard has done great service to the creditors, by setting aside the first commission, for he has saved the estate from being divided among the lawyers.-,-(A laugh.)—lf irrelevant observations are. made on the one side, we have a right to reply to them on the other. The VICE-CHANCELLOR, after much inquiry and delibera tion, finally ordered that he should be applied to on Friday next to name a day for hearing the merits of this question. COURT OF C011:110N PLEAS, Nov. 16. This Court was occupied during the' whole of the day in hear, mg special arguments on points of law and pleading, none o: which were of any public interest. CONSISTORY COURT, Nov. N. RESTITUTION OF CONJUGAL RIGHTS. TIBIRLOV V. TIIURLOW. This suit, at the instance of Mrs. Maria Thuilow, against her husband, for Restitution of Conjugal Rights (on the plea that he had, without just cause or provocation, 'Compelled. her to quit his house in 1816, under a deed of separation), was met b y a responsive allegation on the past of Thurlow, Esq. charging adultery in bar of the wife's suit, and praying in con sequence, that the Court would pronounce Kilter* of divorce. The present question was as to the admissibility of this allega tion, which contained 17 articles. The chief of these were now objected 'to by Drs. Phillimore and . Dodson (Counsel for Nita. Thurlow), on the ground that they were expressed in a manner which was too general, vague, diffuse, and irhetrh e Thee objections were answered by DrS. Jenner and 4ftlibg-41, and argued at considerable length. Sir C. Roma:sm.' proceeded to give judgment on the several articles as to their admissibility. It was competent for the husband to plead the adultery of his wife, in bah of her suit against himself, not only to oppose her claim of restitution, but to avail himself of a divorce, which the law alie!weil f where • the adultery should be proved ; so that, in fact, this became suit of adultery, by means of the husband's defence.-Ist. With' regard to the husband's pleading the marriage e the • birth of children and a deed of separation, by which, in 1816, he ceased to cohabit with her, as alleged, on the ground 'of unhappy dif. ferences between them ; there was no solid objection to his pleading those facts, although it was admitted adeed of separa tion was no bar to a suit of restitution of conjugal rights, unless founded on adultery a s th e cause o f suc h separation. Tho'se pleas not being attended with additional expence or detri ment to the female, were yet material to the history of events, and therefore the 'ourt would admit them to proof. Like. wise as regarded this agreement, by which the husband' was to take the children from their mother's charge, allowing her 801. per annum, which the allegation further avhned, was regu larly paid. To the sth article, it being objected, that no act of adultery was charged to have taken place till 1820 ; yet it set forth, that the said Maria ThurloVe resided at Sudbury, in Suffolk, and Braintree, in Essex, after the separation, such specification of residence having no object in this suit. The Court,. however, determined this was a pact of the res gesta, as connected with the more substantive facts charged, namely, that the said Maria Thurlow afterwards resided in the neighbour hood of London and Southwark, at Paradise-row, Lambeth, West-lane, Kennington, and other places, where she assumed va rious names, and became criminally connected in adultery with sundry strange men, whose n a me s this c ompl a i nan t canno t set forth ! The Court observed, in answer to this general charge e it was not likely to find out the names of all, or any of such per sons as might be connected with a woman living separate from her husband in a state of public prostitution, as tlei article set • forth ; but being connected with the history o f wh a t took place in that of more substantive charges . of adultery, that article should be admitted, as it might tend to more satisfactory. evi dence of specific facts which might afterwards come before the Court ; and espe c i a lly w h ere it was- charged in the nature of confession ; though confession of-adultery was not admissible evidence in itself, yet as decided in the case of Mortirrier v. Mortimer, under the -peculiar circumstances' of the case,' it might be evidence connected with other facts. This allegation in the 6th Article pleaded, that the said :Maria Thurlow fre quently called upon a Mr. Parsonson, with whom she had for merly lodged at Sudbury ; and confessed to him that whilst she lived at Paradise-row, Lambeth, she was regularly visited by two young men, who were in business in-Bond-street, on-Satur-. days and Sundays, and that they slept with and allowed •lieha weekly support. was a confession of a singular nature, which the Court felt reluctant to admit, until it should. appear under what circumstances this Lady had made Mr. Pareonson her confidant, so as to possess him of such a minute disclosuee of her being engaged in an habitual adulterous intercourse. And with respect so the objection-that both theSe young .men Might be inferiid as sleeping with-her at one and the seine "time, the Court thought it more probable that by Saturday and'Sunilay night, was meant that one passed the Saturday night wifithher, and the other the Sunday ; although this confession went -to statethat they staid with her till Monday morning, and theh went to their businesi. The names of these -young men were not introduced, and the Court was desirous.. to know how it comnienehd, and what gaVe rise to so' sidgular a conversation between her and Mr: Peesonson, before it admitted that article, especially as it eethfOrth no date or specific act of Adultery : it might be diflicultetinthe party. to make a defense to such a general charge, specifying no one particular day, but Sundays and Saturdays genehally, • In consulting books of practice, the Court was particularly cautious to admit evidence of confession, in order to guard against collusion; for purposes of voluntary separation and divorce the Court would at all events require that article to be reformed. The decision of Sir W. Scott. in'the caste of Mortimer anit'Mortimer, drew the line of distinction, the evi dence in that case of confession : - tieing of .a special nature, and such confession having a connexicn with substantive facts proved. The seventh article was more specific, in charg ing her - With Carrying on an adulterous connection with a Mr. Ferguson, who lodged at the house of a Mr. An derson, ,No. 9, Tower Royal ; that on • the 'morning of the lath f September 10,0, she called there and inquired .for Mr. Ferguson, calling herself by the name of Taylor or Turner, and being shewndip stairs to the first floor, she breakfasted with him thatelaye and remained taking her meals with him till the neat morning. The servant went up about ten o'clock on the night of the 14th, and' - found the room door fastened, and the key-hole stopped up with paper. This was the very jet of the husband's allegation, and therefore should be ailthitted. It was -further charged that she lived with the said Feruson in the King's Bench prison, p ass i ng as hi s w if e , b y the name of Mrs. Ferguson, and that meeting a female with whom Ferguson had cohabited, by accident, on Fish-street-hill, she confessed to her that .was then living with the said Ferguson in the pi leen. Tlie,(got; the admitted the objection as to the ieference, that this confession implied they . were living in adaltery, since it was for the Court. to draw the inference from the -ale res gesta of this confession. The inference could Jeniy by admitted by way. Of inuendo. With respect to the 13th and 14th articles as regarded repe tition in the manner in which identity wi,s pleaded, the Cou n T held that was not a material obj ec ti on ; if it should appear there was a sufficient identification. The Co u RT admitted the articles to proof, with excrytion of the Uth, some trilling reform being direetcd in other articles. A `~.~•~` ,~:, ~~" (' 1) \ '.`l • -4, ,~_ "*; Pitttt .SilirENti*No.:t: BRIGHTON, Nov . 15. EXPECTED RETURN OF THE .KlNci. . . • , . Information was received yeSterdaf i that PIA most gracious SOVEREIGN and Pa;- tron would 'be: here ou Monday next. 'ln, " consequence, a Meeting Was tv s held at - the,.,01.d Shipp rt. R. Kemp,- Esq. iu the Chair. The objects' of the meeting were; to • decide upon the propriety of an Addres's . to his Majesty, upon his return from a f0rei2, 4 ,1 land, - and to can'y into effect whatever should lit: resolved, as the best means of manifesting" the affection and. loyalty of the town, - towards its best benefactor upon his next arrival, under the . circumstance named. Upon the propriety of the address; there 3vas : hut one opinion —it was voted with acclamation; .and a messenger was to be di, rected to set off foi Carlton Palace this day,, to ascertain the way in which it should be presented. —The lot address, of ,the town "his Majesty condescended to.receive . in ,person from a depu tation appointed for that purpose. Previous Addresses had . only-been permitted to reach the Throne, through the Secretary of State for the Home Department; and the prevalent hope yester. day was, that his Wjesty would.he .graciously .pleased to receive the address in question in per son, as he received the last. This matter, so gratefully and unanimously disposed pf, the question, how his Majesty" was to be received by the inhabitants upon his desired return as best calculated to evince . the common feel ing, then came under discussion. It was then moved, that the Committee appointed to prepare the address should also, be deputed to plan the best and safest means which they could devise, of giving public expression,.on .the day of his MAJESTY'S next arrival; at . the Pavilion, to those feelings of joy 'which have 'been diffused among all- ranks. This motion . was, carried nem.• s. and the meeting, after a vote:, of .thanks to the chair, was adjourned to, k ; ritlaj., The Com, mittee have sat to-du. -'ho r rnprrpw; the result of their deliberation will be before the ad journed meeting at the Old Ship,- • The individuals of the Committee are; Sir M..T. Tierney' Bart.,, Sir D;•Scott, Bart., Rev. Doctor . Styles, Rev. Doctor Pearson, Rev. E. Everard, •• Barratf, Esq., Major Allen, T. Attree, Aitiee;'Esq., .---1- Colbateli, Esq., G. Wigney, Esq.,' Johil Valranee; 444., I+.: ~.Mager, Mr. Wild, and J. 111.*Ciipiii, Esq... The• meeting to 'morrow ii'called for one o'Clta: • • Aslet, at the Pala.c'e . „ evt.ry 0111 . 14 reinaim in stab; quo, not an individual of 'the' .establislanent is' arrived ; but as the interior of 'the Pavilion k iu due order, all other matters may be a.rran. ,, i in the course of a few hours. ~•~ The ancient family of the celehrated Reformer JOHN Wycr.rrrr, beciime . extinct a few days ago by the death ofTnomxs.WycrArrE, Esq. whose ancestors have been se - Wed .: at - Richmond, in Yorkshire," ever, since the reign of EDWARD the First. The princely, Fortune . of Ti hirtY Thousand Pounds may be.obtained, Next Tuesday; for the small sum of TWenty-two Pounds Fourteen Shit- Hugs ; a .comfortable independence Of . Fifteen Thousand Pounds for Twelve Pounds ; Five lings : for, Six -Pounds Three Shillings, Seven Thousand Five Hundred Pounds ; for Three Pounds Two and Sixpence, Three Thousand Seven Hundred aid .I , ,lfty Pounds ; and for One Guinea and a Half; .Eighteen Hun dred and Seventy-five Pounds; ‘if bntight at EY- ToN's'Lucky Office, (2, COrnhill and ornbard ehg4ges •to ingest the Prize Money in the FundS for his Frjends who may he so fortunate as toobtain any'of the above Capital Prizes, at his 0416:5,, free of expence, On the first ; •d4i.of every Lottery, there are certain arrangement's. to make which causes it to be rather later than on another day before they can commepce.driliving.. This accounts for the news of the f ) :30;000 Prize, drawn on the 30th ult. being hint reaching his Oitce till tleyen Minutes . ! past Nine, although it was the very first. Prize. .Next *Day of Drawing, if he sells ths.,ff4o.,ogo, we think he will receive the intelligekcegbout Three Minutes and a Halt after Nine. THE RECORDER'S'REPORT.—Thursday the Re= corder made a Report, to his MAJESTY of the convicts upon whom sentence of death was pass . - ed at the last September Sessions, held at the. Old Bailey, when the following unhappy men were ordered for execution on Wednesday next : —Josiah Cadman, aged 26, a scrivener ; Edmund , Sparrow, 2t, grocer ; John Ellis, 21, scrivener; Thomas Tapley, 23, painter, for uttering forged. 51. notes of the Bank of England - ; George Smith, 31, labourer; John Cabelin, 24, brazier, for highway robbery ; William Harding, 29, la_ bourer, for stealing six sheep ; William Gar ton, 24, bricklayer, for stealing a 501. note..--• The others were respited during his MAJESTY'S pleasure: Thursday night the Rev. Mr. COT TON Mr. BAKER, and Mr. BROWN, jug. com municated the melancholy intelligence to the un happy men. On Cadman's receiving the infor mation, he instantly exclaimed, " 1 - 1 my poor wife Fayed ?" The gentlemen assured him tha't the Royal clemency had been vouchsafed to her: " Thank Con!" said he, "then I shall die perfectly happy." The other unfortunate men received the notice of their fate with becoming resignation.—Yesterday morning the Rev. Mr. Cotton and Mr. Baker visited the prisoners, and. afforded them all the religious consolation in their power. They appeared perfectly recon ciled, and joined fervently in the devotions. (Morning _Paper.) j ..