The Sun. — London, England, 1821-11-30 00:00:00

1 / _ • , \ ---- ' Al: . 4 - / I I I L - a ---- 471-./ t r.. 4 ..., '.,... , ~.z. . --,-- pl , '1 . i rf 111 , - 4 -4-4V' • . . :-- -- : - /. 09 , -, . 0, ' :' :'.. ..-:, - ;r i a, 174,1 f% ij z i W./ " . , . . ii/ailitlk - . ; 4 . . - _..._.___,..._.._._..__ . . . !-: . 3:..i..: -- ; ~y ~,,; °" , . 1" . 4".:r • 1 NumBER 9131.1 F i.I . AY, NOVEMBER 30, 1821. .l Pnrc E SEvEKpi?.4:cn. VICTU,ILLING-OFFICE, N0v.27, IS9I - E C , ";3I37:ISSIONERS for VICTUAL LING His 4 1 Z4.IES7'Y'S Ardi TrY do hereby give No tice, That o;z Friday, the 7th of December next„they will 4e ready to receive Tenders .(;z zo:•iting (sealed up) , and treat for 'SUBSCRIPTION For the RELIEF Of the WIDOW and CHILDREN of the late ftAle•ameramess C , 45,000 ERTAIN, with Eof OTHER CAPI TALS. RISK only 40 SHILLINGS, on the 11+,;t ('EMBER. CIARROLL, the CONTRACTOR, begs in inform thc POblic, that all Purchasers between the 20th of November and I Ith ofDecemher, Will he ati , )wen to return their Tickets or Shares after taking, the Chance of the Next Day, when - a Prize of - 5,000 at least is sure to be drawn, and neailythe whole of the Moniy will be given back, by which the risk of loss is reduced to the following trifling sums, viz. Whole Ticket • " I'2 0 0 Half 1 0 0 Quarter Eighth 0 7 0 Sixteenth , ,O 4 0 ' The Wheel is very Rich, and contains, ' 1 Prize of - • £50,000 . 3 I. - .42,000 , . • - • £i.ooo . •. 4500 8 . . 4300 .. 4 - • - 4400 Besides other Prizes of tOOl. 60 &e. AND NOT TWO BLANES TO "A PRiZE! All to be Drawn in Two Days, 11th and2oll . Deeeinher. • Tickets t and Shares are Selling at CARROLUS Fm - tunate• Offices, t 9, CORNHILT.,, and 26,.0XF0RD STREET, where Schemes, -- with toll Particulars, are delivered gratis. No. 11,486, a Prize of k 30,000 Money, drawn on Toes•' day, No . vember 20, %vat Sold in_ Shares by CARROLL. which of course would induce him to act for the benefit of the creditors generally. It could not be disputed that Mr. Carrol had a rignt to interfere with his own property, when the fact was known that there was sufficient to pay every body 20s. in the p)und, and leave a handsome property for his family. He contended.that there was no reason for changing the assignees on the mere charge that that Gentleman had a claim against•the estate, which he. might hereafter prove, and which there was no reason to a priori say he could not. Mr. MON'TAGUE cited various cases, and contended to a like• effect. was to take no futther trouble about - them. This he (Kr. Scarlett) took to be countermand of the order, as the condi tion wasnot complied. With, the. pictures not being sent to Archer 'till . Septerotrer ; and, coupling th a t with,the circnrn stance of the plaintiff having so long delayed .to•laring his action, would, he thought, satisfy the Jury that-the plaintiff should not recover. Five Hundred Sachs of KILN DRIED HOUSEHOLD FLOUR, to be sulfect to the usual warranty of Twelve Months; 4nd One Thousand Sacks of BISKET MEAL; Fifty Tons of NEW OATMEAL; Three Hundred Quarters of New Pale and One Hundred Quarters of New Close dried AMBER m ALT; to be itftwerasle.to samples of One Quart each, to be produced With the Tenders ; TO be delivered into His Majesty's Victualling Stores at I-oeffford, in the space of one month (the Flour and Meal by equal weekly proportions). For what Hogshead, Barrel, Kilderkin, Firkin, Lung and Short Pink, and Stout Hazel Wood HOOPS, may be de manded for the use of the Stores aforesaid, for one year, Preen the December next ; and For Three linndred Mille of GOLDSTONE or BROWN WILLOW RODS (not less than 4 8 inrAes in length) to be answerable to samples of 600 each great tale, to be clan pyoduccti with the Tenders, and to be delivered into the Stores at Deptford between Ist December and ist March next, by regular monthly proportions. The Conditions of the Contracts may-be . seen at the Secre tary's Office. No regard will be had to any Tender• in which the Price ell s h not b e i nserte d i n words at length, or that shall be delivered to the Board before One v'Clock on the said Friday, the 7th of, December next:- nor unless the Per -4914 who niches the Tender, or sonic Person on his behalf, alteNis to answer when called for. - The . 1461tp CHIEF JusTica left it to the Jury,.on the-evi dence, to say . whether the defendant had ever received the pietures..: _ _ _ The Jury immediately found a . verdict for the plaintiff:— Damages, ten guineas. . . • ERADLEY V. 3WYNNE, ESQ. ' • • This was as action brought nominally against A late Sheriff of -Middleiei, but in f.tct :against • an officer of- the name of Vorley. • Mr. SCARLET ;'S ease 'was this :—.,The plaintiff was an up holsterer in MarylehOne. Falling intodiffienlty 'about the close of the last year, he wished to asslgn his property tir-his tors • and the stock in trade, household furniture; Bic., being valued for that purpose, was estimated by arip:aisers at 400?. Two persons, however, to whom - the plaintiA'St6od'indehted, refused to accept his pro.posal:of assignment ;- , at I-two execu tions, one for 181,, and one for 481., were issued-against hin, ; out ofthe Proemling's under those executions tbe.present cause Of action accrued. Vorly,. the officer, entered Bratiley',B house; hit instead of levying to the amount of 681,, he-Swept every 'stick of property.. from the premises, including eveh- the bed and ,ctdinary• utensils, of the family. The plaintiff's injury did not (Mr. Scarlett said) stop at that point. MS gob& were divided into 69 lots, 28 of which (sold tinder all disadvantages) paid the amount of the : levy ; but Vorley detained . the whole residue more than tworaentbs; when applied to, :he had the impudence to say tbat,he kept the - goods because'llc believed them to have been Stolen ; on being threatened wtth ah action, he gave up part in a damaged state; but property to some amount bad not even yet been restored to the plaintiff. • Mr fr'unrir Y was rising for the defence, when • To Sail in December, FOR LIMA. • With Leave ta.call at Gibraltar, THE fine fast-sailing coppered BRIG LAVINIA, A. 1, JOHN BROOKS, "h , CoMmander, burtheo 203 Tuns ; lying at St. `"" Catharine Staiis. Has very good accommo dations for Passengers. For Freight, or Passage, apply to Messrs. ANTHONY GIBBS and SONS, Great Winchester-street ; or to BUC KLES, BAGSTER, and BUCHANAN, 33, M*rk-lane. The Loan ciurr JIT'S'TICI: asked whether .the •Learned Counsel appeared for the. Sheriff' or for the officer 7 If for the latter, a proposal might perhaps be made to the plaintiff. Mr. GuENF.Y conferred with his client, and consented to a verdict for the plaintiff—Damages 501. SHIP OWNERS' SOCIETY, R 3, NEW BROAD-STREET. TRE ANNUAL• GENERAL MEETING of the SHIP OWNERS o f GREAT BRIT AI N will be hold at the CITY of LONDON TAVERN, on THURSDAY, t he 13 th day o f D ecem b er, 1821, at Ten for Eleven o ' Clock P E r i e .. e , i_seiY, to receive the. Report of the C airnittee, and to `-' a - President, in the room of the Earl of Sheffield, de ceased, aMi Eight Members, in th e place o f th a t num b er are going out by rotation: , The embers of the Society will .fter,.vards DINE together at the M saMe place. Sir STEWARDS. Wm. Curtis, B ar t . M.P. 1 Richard Gardner, Esq. Robertson, E sq. M.P. I Thomas Gillespy, jou. Esq. I:4llliani Tho Bawtre e , E sq . D av i d J ohnstone, E sq. mas Henry Buckle, Esq. J. A. Meaburn ' Esq. artin illiatu Burnell, Esq. Henry M oore, Esq. Fearnall, Esq. Joseph Somes, Esq. 4rickets, One Guinea each, to be had of the Stewards, and at te T D inner to be on Tahble Lvern. t Five o'Clock precisely. S. COCK, Secretary, P L-BLICATIONS. THE LONDON MAGAZINE, No. XXIV. icinow. for DECEMBER, 1821, price 2s. Gd. contains the ,„ tog Original A r ti c l es : .3,e-s.h.e Liox's HEAD—Letter from the English Opium Eater, • 1 " The Eatly French Poet; Clement Illarot-2. Traditiona, L_lteratiire, No. XII. ; Milts Co'vine, the Cumberland Ma liTer"---3. My First Play. By Elia-4. John . Paul _Frederick ichtee-...5. The Happy Life of a Parish Priest in sweden— e. ile I..st Will and Testament—the House of Weeping-L -. :Table Talk, No: XIII.: On the Spirit of PartirsambiP— Z• Continuation of Dr. Johnson's Lives of the Poets, No. 11. William Jones-9. - Leisure Hours, No. IV. Bacchus or .11e Pirates, from the Homeric Hymns -10. 4 Boiled Pig-- tU Sketdlies on theitoad, No. V.-712. Westniinster Abhcy -Ist; C. VLIII .Irnikhooms, his Dogmas for Dilettanti NU. 4:4 I, A . , ,kteut's Boudoir-14. Imitations of the , 42d and Sonnet—lb. The Drama-17. Report of and s e ,„„ .. ‘ B ' Popular Retrospect of the Progress of Philosophy teite e , - 7e - -19. Abstract of Foreign and Domestic Oocor- Bo u k --°- c u lturalAgriu and Commercial Report; List - of 11);,:rblei, -tined for TAYLOR and HFsSEY. Fleet-street. • " L)S Y Was p u bli s h e d. price 13s. boards, the third edition, wits , considerable additions. THE MAGISTRATE'S MAN UAL ; or a SUMMARY of tbe DUTIES and POWERS of a JUS- Th i , e , E of the PEACE, carefully compiled from the best Au rit7es, With E xtracts f rom a dj u d ge d C ases an d t h e S tatutes vo the 24 G eorge IV., Is2l, including a copious Collection of receskritt s of Summonses, Warrants, Convictions, &c. By TONE. ri ttcrney ' at Law, and CIerk WILLIAM. to the Magistrates acting for the r..do n Division io forn of New Brentford, Middlesex.J. u : Printed B tter wort b and Son, 43, Fleet-street. - AThis Day was published, price 12$. boards, DIGEST of the LAWS relating •to the POOR. By J. STAMFORD CALDWELL, Esq.' • • Londo Of Lincoln's Inn, Barrister-at-Law. Fl e e t- • 11 : Printed for Joseph Butterworth and Son, 43, In Tills Pay was published, ATwo Volumes, royal octavo, price 38s. hoards, DIGEST of REPORTS in EQUITY, C,,,, viz•— , -Anstruther ' Ball and B ea tty, Brown, B uc k, m e ?. ert• Cox,• Daniell, ickens, Eden, Forrest, Mock, i t ,„ ' v ale. Price, Rose, Sch D oales and Lefroy, Sw ans ton, add Vesey, Vrsey anilßeames, IVight wick, Wilson. • By ANTHONY HAMNIOND, Esq. LO'Of tire Inner Temple. f l .on Printed for Joseph Butterworth and Son, 43, 6.e.er}:street ; John Cooke, Orwond,quay, Dubli n ; - a nd J. . Edinburgh. • 1114 liar was published, price 15s. boards, DIGEST of the LAWS RELATIVE to '"3ONAL, aPLEADI nd MNG andIXED: EVIDENCE, in ACTIONS, REAL, By JOHN FREDERICK ARCHBOLD, O Lincoln's 'lnn, Esq. Barrister at L a w. 17 : N et Jun: f Printed for Joseph Butterworth and Stin, 43, c.: l4 "'ert; and John - Cimhe, Ormond-quay, Dublin; and Edinburgh. T•his -tay_ d was üblis ° b'oltitnes; royal octfiro, p price he ti d, . 18s. in hoards, the s . - ,"d Edition (*ith considerable Additions, Alterati ons , t l mproyea,ri i t s ) of. -n IGESTED: INDEX to . the TERM RE- P oRTS - , 'anilytic a lly a r r ang e d ; con t a i n i ng a ll t h e liti'`7 of Law, argued a n d d e t erm in e d i n th e C ourt o f Ki ng ' s 18,, fr om Michaelma s T erm , 1785, t o Nlich a elmas.Term, 17g; in' the Court of Common Pleas, from Easter Term, glue o to Trinity Tenn, 1819; and in • the Court of &idle ve..rorn Easter Term, 1792, to • Hilary Term, 1818; Is ; : t ci Notes, References, Tables of Titles and Statutes, and 4/ " of CaSeS. By JOHN BAYLY MOORE, Of the Inner Temple, Esq. 0 / d,,, 0 0 14, 1 . • Pr inted for Joseph Butterworth and Son, Law bil°,•teller 43 Fleet-street John Coo Ormon and J . Clark. Parliament•sqnare. ke, Edinburgh. d-quay, • TREATISE oublished, f the in royLAW al octavo o, f price boards, LANDLQRD • mid TENANT. By ROBERT BOCKLEY COMYN, Esq. Condon Of Lincoln's Inn, Barrister at Law. Printed for Joseph Butterworth and Son, Law b,lo,l!ellers, 43, Fleet-street; John Cooke, Ormond-quay, ; andJ. Clark, Parliament-square, Edinburgh. of t jtjitts be en en d eavoured in this work to reduce theLAW t 4,„ 'I ND LORD and TENANT to a more systematic and I , 4 7';k,ridions form than it has hitherto assumed. I n th e fi rs t been c ons i dered the means by which the relation of '"rd and Tenant may he created.; • in d the do nt, liabilities which the parties incur,Neither by comact, ! ) e i e i„' ) , r ; e °f Law; in the third, the several means by which ith• — " nl may be dissolved ; and lastly, the several reme - dies ich'the rights of the parties may be enforced.- - . CAPTAIN IBENI?.Y . IIALES, Of the Ship OFFLEY, 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 ag g ravated barbarity, by which deplorable event his Widow and Orphan Children are left erirely des titute of the means of Subsistence. THIS Melancholy Catastrophe occurred on a voyage to the South Sea Fishery,—Captain HALES sailed from England in 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 Island of St. 'Maria, whichis uninhabited, on the Coast of Chili, to re-fit.—On the 24th of February, about it) A. Nr.., several men were seen on the beach, and Capt. Hales supposing them to be Spaniards, who had come over from the Alain, went on shore with his Second Mate, Armourer, and four Seamen, mailed, for the purpose of procuring 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 beach to gether, and it was supposed that Capt. Hales was ir treaty with them for provisions, and.was gone over to the South Bay to look at them. Towards sun-set, the Captain not nar:ng re turned, the crew became alarmed end a boat was despatched to search for them, which returned with information, that on their approach, several strange men were seen on the beach, and from their movements more were supposed to be concealed, and it being near dark, it was deemed 'most prudent to return to the ship without venturing to land. The following morning no tidings having been received of the party on shore, at day-light the Chief Mate manned and armed two boats, for the purpose of endeavouring to find them ; on coming near the shore, they perceived a man naked, sitting on the beach, and on landing, disdovered him to be Thomas Moore the Armourer, 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 stir. 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 terms.—The Spaniards then treacherously 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, he having received 23 wounds in his body, and two sabre cuts, one on each side of the neck. Ile was perfectly sensible, and was immediately taken on board, where the Sur geon examined him, and found his wounds mortal. The boat had no sooner returned, than a number of men were seen com ing towards the beach, and soon afterwards a man presented himself dressed in the Captain's clothes, waving his hat 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 behind 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 leader of the Spaniards so much resembled Captain Hales, that he had remarked it when on shore. The Offley immediately weighed anchor, and stood for Conception, and at 5 P. el. 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 confidence to the bene volence of the Public, convinced that they yid humanely con. tribute to the relief of an unfortunate far lily, who have been deprived, by this unforeseen and calamitous event, of their only support, and who have.thus been redeeed from. respectable and comfortable circumstances, to the eatest poverty and distress. SUB S CRIPTIONS will 1.) thankfully received by-Sir JAMES ESDAILE and Co. Lonibard Street;' 8.1. LINTHORNE, Esq. Austin Friars; W. CURLING, jun., Esq. 10, George Yard, Lombard Street; Messrs. CURLING, YOUNG and Co. Lime house; and at THE SUN Newspaper Office, 112, Strand. Xs. d. Curling, Young, 4nd Co. Limehouse . 21 0 0 William Mellish, Esq. . 10 0 0 Samuel Enderby; Esq. 10 0 0 D. Bennett and Son . 5 0 0 J. Gale and Son • • 5 0 0 Hill, Boulcot, and Hill 5 0 .0 • • Hayman, White, and Co. .' . . - 5 0 0 Doinett and Son Blyth and Sons Brunton and Co. 5 0 0 . .5 0 0 5 0 0 The Sun Newspaper . ... • . ' 5 0 0 G=eorge Brown, Esq.. . - . . 5.0 0 Thoms 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, sen.., 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 o Rev. C. P. Burney, Greenwich . . 50 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. J. P. Jarman . . • . 1 0 0 31r. E. Barber • . . 1 "0 Q R. E. P.. - . . • . . . 2 0 0 Squiers and Steaiie ' . . . • ` . • 1 - 1 0 Mr. Harris, Lombard-street . . . . - . 1 0 0 J. Wilkinson . . . . . 1 0 0 .• . .- 1 0 0 George Green, Esq. . ' . .. . 5 5 0 Nicholas Charrington, Esq. . . 5 5 0 William Forbes . . . . 2 .0, 0 H. and E. Kemble . . . . . 0 0 Robert Batten . . . . . 1 1 0 Mrs. Forbes, 1 . . - I' 0 0 Mrs. Adams, Camberwell . . • -. • 1 0 0 .... . Mrs. Kemble, - ... . . . '1 0, 0 Captain William Youpg,A.N.. , • .1. ' 1 0 Mr. John Stock . • 1 0 0 Mr. James Walker . ~ -. . . :'• -1 0. f 1 Mr. W. H. . • . . . 1 0 0 Mrs. Mary Ashley,"Epscim • -. . . 5 0 0' George Byng, FAT : : .M.P. . • . - - 5 0 0 C. If:Turner, Esq: ." . • ' . . ' 5 b 0 W. Farmer-and Son . . . . _. 5.. 0 0 Dowson's Mid Ord ': ' . - . . 5 0' 0 William Mellish, Esq. Bush ,Hill, Enfield . - 50 0 Cresswell; Adams, and Cresswell . . , 5 5 0 P. Ogilvie, Esq. . . . : ' . - 2 0 0 Christopher 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 Jurymen, per the Foreman, at Guild- _ _ hall, Nov. 19 Edward White 0 16 0 ••• 1 0 0 Captain John New .1 1 0 Per Sir James Esdaile and Co. Admiral Warre . . . . • . • 3 5 0 W. Fuller,"sq. . • • • • O 0 0 R.G. 2 0 0 Esdaile, Hammett, and Co. . . . 5 0 0 W. G. Peyton . . . • 2 0 0 2 0 0 Per TUE Sur; Newspaper. R, W. C. . • • • ' 1 0 0 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 Pludxer " . • ''' .• . • - 22 0 }Hiss Vanjutw. : • „. :... : 4. '• .. ,2 U 0 LAW -INTELLIGENCE. COURT OF CHANCERY, Nov. 29. The LORD CHANCELLOR having declared his intention to sit every day after Term (which ended yesterday) until the next seal, his Lordship accordingly came into Court this morning at 10 o'clock. In consequence, however, of the . petition in the matter of Howard and Gibbs's bankruptcy being to be - dis; cussed in the Vice Chancellor's Court, the attendance of Coun sel was extremely thin. Several causes having been called on, and the Counsel concerned in them being absent, The Loan CHANCELLOR at length observed, that, in order to accommodate the suitors of the Court, he had appointed the time intervening between the last day of term and the ensuing seal to the hearing of bankrupt petitions. It appeared, how ever that his wish to get th r ou g h th e b an k r u pt pet i t i ons was likely to be defeated in consequence of the other branch of the Court having appointed to hear a bankrupt petition in the mat ter of Ho ward and Gibbs on that day. An application had been made to him to hear the petition before the other bankrupt pe titions already in the paper, but he had refused to do so be. cause it did not appear that there was any ground for the appli cation, except that the case was connected with great names.— He did not suppose, when he refused to hear the p e titi on out o f its turn, that it would have been fixed for discussion that day in the other Court, the effect of which was fo deprive him of the attendance of almost all th e C ounse l. Hi s Lordship concluded by directing the Registrar to strike out of the paper every peti tion in which Counsel did not appear when it was called on. An appeal bankrupt petition, which did not present a ny pe culiar features which w ou ld render it necessary to report it, was then called on, and occupied the attention of the Court till it rose at 2 o'clock. Upon rising to leave the Court, his Lordship again declared, that in future he would direct every petition in which Counsel did not appear to be struck out of the paper,-and•would not al low ;t to be restored. No man, he said, regarded so little as he did the want of any marks of respect to himself personally; but whilst he had the honour to hold the Great Seal, he thought it was due to his office, and to those who might succeed him in it, that he should. not permit himself to be treated as he had been. He did not wish it to be understood that he was offend ed with any Gentleman or class of Gentlemen in particular, but he would appeal to any person present, whether, if the notice which he had caused to be stuck up in Court two or thiee weeks ago had been attended to, he should have been left almost all the morning without the attendance of either Solicitors or Counsel. SEALS, REHEARINGS, APPEALS, AND PETITIONS, BEFORE THE LORD CHANCELLOR, AFTER MICHAELMAS TERM, • 1821. • Wednesday, Decembers, First Seal; Thursday, Friday, and Saturday, Rehearings and Appeals. Monday, December 10, Second Seal ; Tuesday, Wednesday, Thursday, Rehearings and Appeals. Friday, December 14, Third Seal ; Saturday, Monday, and Tuesday, Rehearings and Appeals. Wednesday, December 19, Fourth Seal ; Thursday, Petitions. N.B. The Lord Chancellor hears Bankrupt Petitions to day, and will daily, until the First Seal. SEALS', CAUSES, PLEAS, DEMURRERS, EXCEPTIONS, FUR THER DIRECTIONS, AND PETITIONS, BEFORE THE VICE-CIIANCELLOR ' AFTER 3IICHAEL 3I AS TERM, 1821. First Seal, Wednesday, December 5, Motions;. Thursday, Fri '. day, and Saturday, Causes. Second Seal., Monday,lDeeember 10, Motions; TueSday,W'ed nesday, and Thursday, Causes. • • • Third Seal, Friday, December 14, Motions ; Saturday, Moti day, and Tuesday, Causes, Pleas, Demurrers, Exceptions, and Further Directions. • - •• • Fourth Seal, Wednesday, December 19, Motions ; Thursday, Petitions. • • VICE-CHANCELLOR'S COURT, Nov. 29. . HOWARD AND GIBBS'S BANKRUPTCY. • , 'This cause • was-again-brought before his Honour the VICE CHANCELLOR this day, and oocupied his attention from ten in the morning until six in the evening. Our readers are aware, that it Was an' application to dismiss the Assignees appointed under .the new Comninision, on the grOtind that the bankrupt had no right to interfere in the choice ;. and that there had been 'solicitations and even threats held out, to. induce one person, Darned Bridges, to abstain from voting in the 'choice of the. Assignees{ • . Mr. HORNE opened the case, and went.' over the faciii on which the application waa' .grounded, in tams similar to those' used by, him on the &finer hearing. He defended the conduct -of Mr. Shaw, one of.the present appliCants. • ' . The VICE-CHANCELLOR said, he had here nothing to do . with Mr. ShaW, as thelneition was, whether or nct theother s iignees, whom it was now sought:to remove, had been properly chosen. Mr. HORNE contended, that . there was suspicion strong enough to ground the removal of Mr. Carrol,.witheut the affi davits of the several persons who bad positively sworn to the 'declarations of Bridges, who hattdeclared that -h e was i n d uce d not to come forward in consequence of what had .been t.old him. • The question was, not how they would act, but how they had been chosen ;• and in his opinion the choice. as repugnant t o th e Bankrupt Laws. . ' 'The VICE-CHANCELLOR asked if Messrs. Howard . and Gibbs had, by their affidavit, denied that they had interfered: in the choice ? Mr. HORNE—No, your Honour, they justify i t , • • 3lr. BELL said, he should contend with contdence, that the Bankrupts had a right to interfere in their *concers, and had a right to solicit the voters. The VICE-CHANCELLOR said, the question was one of very considerable importance. If the assignees were to be chosen by the - interest of the Bankrupt, it must be expected that he would attend to the sole inttrest of the creditors. Here the fact was admitted, and it was also contended that he had a right to do so, and therefore he observed that it was unnecessary to go on with the argument on that point. Mr. BLAKE said the belief of the applicants was, that there had been a general interference. If Counsel on the other side could not prove that that had not been the case,. there was an end of the question, at least if they.could not justify that which had been admitted. • _ _ . Mr. HART contended, that Mr. Carrol was entitled to be chosen assignee from the great interest he had in the property, The VICE-CHANCELLOR said the anus would lie on Mr. Blake to prove that the Bankrupt had interfered so as to cause the removal -of the assignees. Mr. M ONT AC u argued at very considerable length against granting the motion made by Mr. Home. He submitted that nothing had been shown to induce the Court to exercise a juris diction on the present oceAsion. Under the former Commission every thing had been done that could be required of the bank rupts, who had, he would fearlessly say, rescued the concern &am destruction, and the interference of the bankrupts had • been most proper. He went on to contend that the allegations relative to Mr. Bridges and Mr. Shaw were unfounded. The, VICE 4 HANCE r.Lon. said he was not now considering what the conduct of these Gentlemen had been, but what had been the conduct of the bankrupts and other persons ? Mr. HART felt convfneed the Court would not send this to a new trial without first having it proved that the .apbt of Mr. Carrol ought not to be allowed. The VICE-CHANCE LLO n said there might be facts hereafter to alter the opinion he had now formed, and he should treat the. case with great attention. The question now is, whether the assignment ought or ought not to be executed ? Mr. Motemou noticed the difference between the sums on the part of Mr. Carrol and the other set of claimants, the latter having but 1,5001. while the other had in reality 17,0001.- Hp could not see any reasen for the Court interfer ing at this stage. The VICE-CHANCELLOR said he had directed the Counsel for the bankrupts.to proceed and confine themselves in the first place to the question, whether the interference of the Court would affect the policy of the Bankrupt Laws, and therefore he wished them to satisfy the Court that the act of the bankrupts , was justified by that policy. He thought the Court was called on to consider the present question for the first time, for dur ing his experience of 35 years, he could not recollect that a similar one had ever been raised, and therefore he wished to hear Counsel on it, although he had made, up to that time, an opinion on it. . . Mr. NI ON TAGLI again contended, that it was of the greatest importance that the bankrupts should interfere. On general principles the Court, he anticipated, would rule to that effect, tor when the great benefits that had already been achieved, and when Mr. Carrol stated, that if only one half of the book debts were realized, in addition to the fortune of 50,0001. ; more than 20s. in the pound would be paid. He thought he had shown quite sufficient to warrant the Court in not disturbing the ap pointment of the assignees, which was conducive to the benefit of all the creditors. Mr. HART contended, that Mr. Carrol had not an adverse interest to the general creditors, and that if he was bound to stop a person from acting as assignee, who would not do so for the benefit of the creditors generally, he had also a right to say, appoint that one which would so act. He inferred that the motive of Mr. Shaw ought to be looked to, though he said' so without any personal meaning, as it was fair to think that in getting Mr. Carrol out of office, he wished to get himself in. With respect to Mr. Carrol having possession of the books, be could not but conceive the objection to be futile, as he had al ready had them for some time in his possession; and it was but just to say, that the result of the former interference had been to prevent a corresponding misjudging of assignees ; and surely if a bankrupt had a right to interfere against A, he had a right to speak in the appointment of B, if it Was for the general good.. He called on the other side to chew Whether any thing had been done to.prevent the bankrupt acting, for every man knew that at all elections there was solicitation used to induce votes, as nothing was more common than for a person who had an:. interest in the election of his friend to request his ac quaintance to vote with him. Under all the circumstances, he thought the present appointment ought to stand. -Messrs. IELL and HEALD followed on the same side, and laid much stress upon the absence of all proof of intimidation. If his Honour should order another choice of assignees, he would order that previously the- debts of Mr. Carroll and Mr. Orimstead should be proved; that of the former amounting to 13,0001., that of the latter to 35,0001. . Mr. WETHERELL appeared for Mr. Howard. He contend ed that Mr. Howard stood in motive and conduct completely irreproachable. The case was admitted to be novel. ‘Vhat rule of law was there respecting the interference of a bankrupt ? Was it to .be contended that he was to be a perfect muee ? He knew not what his Honour's opinion was, and therefore he would say that this was a gross and palpable absurdity. If, then, there might be solicitation, how should they ascertain whether that solicitation was mixed up with circumstances, which press upon the person solicited so strongly, that he could not resist it? Here they got into a 31ARE 3IAGITUM of difficul: ties, between solicitation and a pressure which might influence the vote. In Scotland, the choice of assignees was better regu lated. A Preses was chosen, who could scrutinize the fitness of the assignee, and the rights of the voters, and decide upon the spot. Against his decision an appeal lay to the Court of Session. Ile could not cite a case to prove that the bankrupt interfered there, but he had a right to infer that he could inter fere. If the bankrupt could not interfere, the law left him with out protection; and this state of destitution was a strong argu e ment in a Court of Equity. Arguing by analogy, he might re fer to the Grenville act. By that act each of the candidates whose rights were in question named one of the committee.— The House of Commons, with heroic fortitude, supposed its own committee capable of bias, and therefore armed the candi dates against it. In like manner, in arbitrations, every party had his interests supported. 'Were the bankrupts, then, whose interests were indisputably involved, and who lied a right to the surplus of the estate, were they to have no right 'to inter- fere for their interests ? 1111% AGAR appeared for -Air. Gibbs, and contended for the right of interference on the same principles. In the course of the whole of the - arguments on this side, it was•contended that the estate was amply sufficient to pay 20s. in the pound. The VICE-C'.-wscii.Loß said he would not trouble Mr. Home to reply now. The arguments had been stated very ably against him. He (his 'Hallow) would read over all the evi dence, and reconsider the opinions he had formed. When the Court met again; he would mention to Mr. Home whether he would wish him. to reply, a.nd - direct his attention to the points on which he would wish him to reply.;... coußt OF KING'S BENCH, NO,VEMBE!I 29. 11idt . tlesex.Siiih3gs. after MiChaelm . is Term :before the Loin) CHIEF JuwricE and -Common Juries. JOgNSON V. DESCIIR4:VER. -1 • - ' • nis was an action brought by a'surkeqn and apothecary - to rec Over the sum of 41. 19s. the expence of attending the defen d= ant's wife in childbirth. The - defence w,as,;that the plaintiff's patient was not the defendant'swife; ,but a lady living under his. protection. The defendant was stated to be a waiter at ' Brunet's-liotel, Leicester-square ;4 ral it was, proved that he had frequently called upo'n the lady• during her confinement, and had rhatiitstect themost UNOrions tenderness for her welfare, that he always inquired for Mrs. Tiesehriever, and passed him- . self off as her -husband.. , • Mr. Sciattlryr, for the defendant, Offered to chew, that in fact, :the lady was not the defcnilarit'S wife, but a kept mistress. The Loan CHIEF JLTF3TICE, IIOWVVer, • Vial of opinion, that as the defendant had passed himself off as the lady's husband, he must take all the consequences of the assu m ed character. Verdict for the plaintiff— Damages 41. 19s. uENNET V. SHEPPARD, _ This was an action brought by the plaintiff, an animal painter, residing at Woodstock, for two .portraits' of hOrses painted .by him in the year 1810 for the defendant. The defendantpleaded the statute of Limitations,, and. aim that.ho never received the pictures. The plaintiffcalled Robert Archer, a carver and gilder, who proved tidying received the pictures on the 30th September, 1810, and flamed them by the defendant's . orders, after Which he dispatched theni by the coach or. waggon according to direc tions which he had received from the defendant ; but he could not say whether the pictures had come to his (defendant's) hands, neither could he recollect whether the directions he had -received from the defendant were before or aftei he (the witness) received the pictures from the plaintiff. ' 'lllr. SCAR LETT submitted that hers wilt 110 proof of the de livery. He read an, extract from a letter of ;th e . defendant's ,tO, the plaintiff, dated • in . July; 'lBl.O, v.:herein he expressed his dissatisfaction at the delay in sending the pictures, "and directing, that if they could not be seat within a fortnight, the plrantiLf COURT OF CONINION PLEAS, Nov_ 23. Sittings in Westminster after Term. EANSOR V. BARWELL. This was an action to recover damages for an assault by the defendant on the wife of the plaintiff: • Mr. Serjeant V,i.uorrAg, in stating the case, observed, that as it Was undefended, he did not feel it necessary to occupy the attention of the Jury with any comments on the defendant's conduct in his absence. He would therefore allow the circum stances to go to the Jury from the mouths of the witnesses themselves, with' this remark only, that this was an.action for an assault on a woman, and a woman, too, in that situation which of all others should have protected her from personal vio lence from any person claiming the name of man. She was far advanced in a state of pregnancy, and this could not have escaped the notice of the defendant. The jury should hear .the rest from the evidence. Mrs. Ellenor Barnes stated, that she was acquainted with the defendant Barwell. He was her landlord. He emit to her house in June for July) last for his rent. He went into her garden, from which souse angry words passed between him and the plaintiff and his wife , whose garden was adjoinin g .— He afterwards came out, and Mrs: Eansor was standing at her front door; there the defendant struck her three times severely under the, left breast: She was taken away by her daughters, and fainted from. the effect _of the blows. Witness kn ew th a t she was at that time far advanced in pregnancy. She was put to bed in about. two months -after. At the time defendant struck the plaintiff she had a young child in her arms. 'ln an swer to some questions from the Court, witness said that plain tiff came-to the - assistance of his wife. There had been some dispute between their about a party-wall, but Witness was not present at its ; commencement.. The defendimtis a Custom house officer. He was in liquor at,the time. of this transactiqn. yyung, m : onian, the d a ughter of the plaintiff, corroborated this account, and 'added, that it originated with the defendant . calm!: her mother some very opprobrious 'names. The dispute was about a party-wall. Her mother was confined to her bed two or three days in consequence of the htirt she received: The medical man who attended her was . prevented froth coming to give evidence by having been called toatssist a lady. The de fendant was in good circumst.andes. He was a married man, but had no family.. This was the plaintiff's case. There was no defence. ". The Lout): CHIEI JuSTICE Rut-limed up, anti the . ;Tury re. :urned a verdict, for the plaintiff—Darnages 101.10 s. PREROGATIVE COURT, Nov. FORBES V. contoN --ArrlrtmArioN AND sENfENc.e. This was an amicable suit. instituted fpr the 'purpose of ob taining the opinion the Court 9n the validity of twO'papers (marked A and .t.t),-whiaii wire propounded as codieils; . .to the will of the late•Jultri forbes,..Esq—of New, in the:.Catinty of Aberdeen ;. and of Fitiroyi-square, London ; who died. on the 20th of last June,.leaving some real estates, and also a personal property.estimated at near 350,0001. • . . • The deceased also left•behind him the following relations : One maiden sister - of advanced age, six children of a decOased brother, two of one deceased sister, and seven of another *de_ ceased sister, besides a considerable -number of grand nephews and grand niece. .• • .• . TFie party-' promoting the suit was Charles Forbes, Esq. a ne phew of the deceased, and one of the executors, named. in his will; the other party Was Miss Jane Caroline Gordon, a minor, and one of the grand nieces of the deceased, aetiag by her father and assigned guardian, George Gordon, - Esq. On the part of the executor an allegation in six articles had been given in, pleading in substance _ ' , • That the deceased, On the 2d of NI ay, .1820, executedti formal will, and immediately after the execution, took hiS Solicitor( Mr. _Hutchinson) apart•and asked him whether any particular form of words would be requisite for the purpose of bequeathing legs qesto relatives. and friends ; and on being answered in the ne g:‘tive, so far aStegerded absolute pecuniary bequests, he then expressed his it tea tion to 'make, at a future time, a codicil him self t. that - purpose. On the 12th of June, 1821, he called at Hutellinscin s chambers" in liincoln'tslnn, with the above mentioned will,' and also with the paper B. (which was in his own hand-weiting) sayinghe wished a new will to be made; with the alterations:containedin' that Paper. Mr. •H. haVingsotn .pared the will drid , propoitcl'alterations, told him that a hew will would not be necessary, as the events contemplated in. the.altera , tions were for the:MostputtProVided for in the existm& will, and the otheri might be provided for in a codicil, The Solicitor then observing that the rcsidilaiy clause in the will was revOlit:d in paper B, asked the deCeased hOw . hewiihed that to be disposed - of ? to which he replied,4,e meant it togoto his executor., and considered • that belbe effect of the. Wordi i i paper B. The tleceased then 'told .Mr..Mitchinson toprepare.such . codicil at his leistiteibiit as he appeared then to. be ingood health, and as . -31i..11utdrinSoii was just; at that time called to the Continent on UrgentliuSines, - the latter - deferred the Pllia`a ration of the codicil till his retUrn. In.the meanwhile, hovever, the 'deceased was taken suddenly ill about nine o'cloCk.on the evening a the , 20th of 'January, aiddied in a few hours. ,On the 30tn of - that- month a search was ii.ade among his papers, Andthe other testamentary paper (marked A). also in writing, was found in the drawer . of his writing table, where lie usually kept his papers of value.. In the forenoon of this day thedeeeased's butler having come into. the room to sea if his mastet wanted any thing, had observed him ,sitting at, the,writ ing table with hiS pen, and went near enough to observe the , he had before him a paper . of the size of a foolscap sheel, writ.: ten almost' all over (as paper A is). On being interiiipted the deceased put , the . .paper into the desk, and on the search wards made, no other paper answering to this description was found tliere. • ' .• . . • Upon this allegation six witnesses were examined, whO spoke fully up to-the plea, and added several other confirmatory cir cumstances.. cumstances. The followineW , efe the contents of th e two invert-lug. pounded:— _ • •-• 6 PAP,Fit V• = - PE RS ONAL ESTATE.' 2d Page bottom, " QMit altogether th e exce ption-bf the ship ik;rribay, which is tcpeated s again in the page following," 3d. OnAultogetht;:r theoccupation of the house at Bea.- beg by my niece. Stuart, sincsilleceasetVand place the provision for her daughter and son in It9roper place.' • 4th. ".Eleven lints in ch1.11)a1"?,,74-0 marked thus ("), , fo be 7 • /UK: it: being viiident tit thr t e.pf: the four nieces thti: siluiied to are past the age of childbirth, it is my meaning that, ti at their death, the principal sum frond, which they derive the