The Sun. — London, England, 1821-11-02 00:00:00

TIIE LONDON JOULINdILS. DAILY EXTRACTS FROM TILE MORNING. PAPERS Noeniber 2. [MORNING CITRONICLE:] • Yesterday morning the Lords Justices a.s. sembled at one o'clock at the Cockpit, White.; hall, and ,remained in close consultation till near half-past three. The unusual length of their Lorthhips' deliberations created a belief that some matter of great state importance was under consideration ; upon the breaking up of the (7ouncil a Messenger was immediately sent.off to the Continent with dispatches for the King and the - .larquess of Londonderry. The Archbishop of Canterbury, the Duke of Wellington, the Marquess ,Cholmondeley, the Right Hon. G. Bathurst, and Lord Sidmouth, were present ; the Duke of York was expected, but did not Sir It. Ilirnie' and Mr. Stafford were in attendance at. the Council Office.—Since writing the above, we have been informed that the accounts received from Hanover represent arrive ;Vlajesty to have completely recovered, though It was not believed he would be able to set out on his journey on the 20th. The object of the protracted deliberations of the Lords Justices is i%id to have been the unfavourable turn which the negociations on .the subject of Turkey, 'now carrying on at Hanover, have taken. [MORNING HERALD:, londay's Paris Papers contain the most la mentable accounts of the ravages made by the yellow feNer. Bawelona is one great lazaretto, strewed with the dying"and the dead. In Bar celonetta therewas not left a living creature. One nt . the French physicians is said to have died, and another was dangerously ill. An obviously salutary measure, proposed by the doctors there, -has been defeated by the obstinate ignorance or apprehensions -of tine military cordon. The phy sicians wished that all the inhabitants should go out of the ,town ; but . the Commander of the cordon refused to enlarge the circle by falling baCk a league. There is an account of election disturbances, which appear to be nothing more than parish squabbles, caused by the return of some Priests, who were suspected of hatred to the new order. It should be'observed, that these were but the primary elections for choosing, not 'the members of the Cortes, but only those who should return them. The French Moniteur pro nounces the article in the Berlin Giszette, to which we alluded some days since, to be non official. There is nothing of interest from the north or -east of Europe. [BRITISH PRESS.] It is very distressing that day after day we should still feel the necessity of repeating tales of outrage perpetrated iu the County of Limerick. The character of the disturbances in that part of Ireland seems by every successive arrival to deepen in atrocity, as if the crimes already com mitted had but served to give a more desperate fearlessness to the criminals, and to nerve the arm of guilt. The presence of the great military force, which has been assembled in the disturbed districts, has not produced as yet any salutary effects ; it cannot arrest the progress of a moral poison which arises from a relaxed habit of society. In the midst of all the bustle of military movements, houses are plundered of fire-arms, threats of personal violence are inso lently and alarmingly communicated, and ob noxious individuals are attacked. The military power has done nothing to check this evil spirit, and in fact can do nothing. If indeed the ruf fians who infest the country would come forward in their full force, whatever it may be, and give battle to the King's troops, some good might be anticipated from the employment of a large army ; but a half dozen fellows are sufficient to keep a large district in constant apprehension, and if these remain faithful to each other, they may succeed for ever -in eluding the pursuit of regular troops. We lament to find that the spirit of disturbance has manifested itself in part of the county of Cork, but the ready zeal and energy of the Magistrates and Gentry of that county were manifested by their immediately meeting on the first symptoms of the disorder, and passing reso lutions indicative of their determination to main tain the peace and security' of their county. — They agreed to raise by subscription among themselves the means of embodying two corps of volunteers ; the one of Cavalry and the other of infantry, in aid of the ordinary military and civil power of the country, and to request from the Government such an application of the small force of 175 rank and file of a regular regiment as from their local knowledge might prove most available for the public service. So active and efficient a co-operation between the local Magistracy and the Government, where the zeal and ready sacrifices of the one must justify Me confidence of the other, cannot fal! of pro ducing the most salutary effects. [MORNING POST.] Advices to a late date were yesterday received from the Mediterranean. They chiefly relate to the alarm excited by the ravages of the yellow fever and its extension to new towns and pro vinces. Measures of precaution are becoming general in all the neighbouring States, and as distance cannot render any country secure against a scourge which may be wafted over oceans, un diminished in power and activity, it becomes all Governments to provide as effectually as they can, for the protection of their subjects against its introduction by human means. If- notwith standing their care the infection reaches their land, then it is a visitation from Heaven, and must be met, not merely by the palliatives of art and experience, but by national humiliation beneath that Hand that smites empires and generations for their iniquities. It appears' by these advices that the Board of Health at Marseilles has ordered that the port should be closed against all vessels that come from any part of . the Spanish coast along the Mediterranean, as well as from the ports between Gibraltar and the fron tiers of Portugal. This measure had been con- Aidered.necessarY in c9nsequeuse, of several per sons from the Spanish- coast raving died. of the yellow feizer at Marseilles . . A case of a sospit cious nature had also appeared amongst the in-: habitants of that city, but immediate precau tions had been taken by the Medical Boards, and. it was found'tha:t the general state of health had not' been affected: The. intelligence received at the beginning of the; week .from Malaga, an nounced that a greatnUmber of the inhabitants , had fled to the country, in consequence . of a report, supposed at that period to be unfound ed„ that the yellft fever had revealed itself within the walls of that town. The report had been subsequently contradicted; but we regret to say with more zeal than truth, for its correctness is now unfortunately placed beyond doubt Letters from Malaga, dated Oct, Bth, state, that on the preceding day UPwards of sixty individuals had been taken ill, and that ten had -already died. The Civil AUthorities were go seriously alarmed as to prepare to leave the town and re move their seat to another part of the province. The tenor of the letters from Cadis is also unfavour able, as they mention that a feW suspicious cases had appeared at San Lucar de Barremeda. With respect to. Barcelona, its population 'was decreas ing so fast, whilst the fury of the pestilence re mained unassuaged, that unless a change took place, it was likely that in a month or two desert ruins Would alone remain *here a flourishing eity once stood. The few inhabitants who still lingered within its desolated precincts were re duced to a deplorable state, - for want of the most common necessaries •of life. This Circum stanve having been communicated to the King, is Majesty had ordered a public subscription to e opened for their relief. [NEW TIMES.] The Morning Chronicle has endeavoured to defend the_conduct of the Noble Subscribers to Sir It. Wilson in an article, the close reasoning of which is only exceeded by the perspicuity of its style. Its character, indeed, in both respectS, is such as to lead to a suspicion that the writer must have lately taken lessons from the Editor of ' The Times.—lts readers are informed that we have " ventured to contrast the magnitude of the sums advanced by public spirited individuals to obviate the effect of a forfeiture occasioned by an act 'of gross injustice, With seasonable and judiciously apportioned contributions to sup port the unfortunate and afflicted." It is then argued that, " where a whole community, Whig, Tory, and Radical, unite in promotion of one praiseworthy design, the sum contributed by each individual is, of course, proportionably small." 'And it is•added, that, the Public " are now called upon to indemnify Sir Robert - Wilson, for a loss sustained by an interference that saved the lives of husbands, of fathers, and of children." There is a peculiar difficulty in replying to a writer who uses such language as we have just qthrod. Our sentences must, it would appear, be formed with the Most careful simplicity,in order even to be understood, by one who appears not to have advanced so far in his spelling-book, as to have acquired the meaning of" words of three syllables." —He talks of Sir Robert Wilson's " forfeiture , aving been occasioned by an act of gross injus '•--lie knows as well as other people that was occasioned by the" interference" to which e afterwards alludes, and which he certainly toes not intend to call " au act of gross injus tice."—lle appears not .to be aware that a " for feiture" means a penaltfattached 'to neglect of 'or violation of some duty, and'cannot be applied to Sir - Robert without confessing him to have acted criminally. CE.~~• [THE TIMES.]* The subjoined letter appears to us to'deserve very serious consideration, .not for the extent of the mischief which the individual act therein de scribed may occasion, but because it shews the principle on which the Ministers are acting. They make a great noise and take immense cre dit to themselves for their new system of eco nomy ; but the public will be slow to yield its praise to a mode of retrenchment which cur tails the hard-earned gains of the useful labourer, and leaves the idle pluralist to fatten on the pub lic property, as a reward for the silent votes of himself or his friends. We are surprised that a man of such honourable feelings as the Earl of Liverpool should give his sanction to a system which goes to strip of his little pit tance the humble officer who can least spare and most deserves it ; while overgrown and useless sinecures are considered as inviolable as if they were held by the most sacred right. With refe rence to the particular fact mentioned in the let ter, we are confident that the most strenuous ad vocates for economy never contemplated, .and would have blushed to recommend, so pitful a proceeding as the stoppage of a hospital allow ance of ss. a day, bestowed for most humane, charitable, and useful objects. - [Extract of a Latter from Aberdeen, dated Oct. 26, 1921.1 " As a signal specimen of the retrenchment adopted by Mi nisters, I may 'mention that two days ago the Treasurer of our Aberdeen Infirmary received notice that the dovernment allow ance of ss. per day is henceforth to be discontinued ! This was given in bider to entitle soldiers,, sailors, and other servants of Government, to the benefit of the Institution. The Establish ment is one of the most useful in the country, and is upheld by charitable contributions and annual collections at every parish church in the county. Every parish contributing, has the pri vilege of recommending, as patients, its own sick and wounded, who are administered to, and upheld in every thing gratis' The Public naturally ask, Why is not the Duke of Gordon's sinecure abolished ? It would afford payment to all the Infir maries. in Scotland, a3u.l a great deal more." The saving which will accrue to the country by thus excluding soldiers and sailors from the benefits of this asylum for the sick or mutilated, is about a hundred a year—a sum which, if taken from the overflowing and unearned heap of the sinecurist, would scarcely have robbed his butler's daily table of one , of its superfluous bottles of wine. The - same •petty spirit" of economy per vades -all departments, particularly those great establishments the Dock-yards : and we expect to be soon able to make it Manifest to the public, that the paramount principle of the new and boasted -scheme of retrenchnignt is to curtail and redUce the useful, active, ef.- ficient, and necesAry . hands, aha to leave! untouched and:unmolested the rich, the idle, and the us.eless thus sacrificing jnstice and humanity to the unconstitutional claims of borough patrons and Parliamentary supporters. \Ve 11'01)i. and trust that this diseased system Will soon work its own cure ; that the glaring injustice of Such a mode of proceeding will strike conviction into the most careless and unobserving - ; and that even those Who most benefit by it, will, from a sense of shame - and a dread of reprobation, give up those unfair advantages; which even the Minis ters who leave them untouched despise them for vtaining. PROVINCIAL JOURNALS. [From The (Dublin) Correspondent of Oct. 29.] STATE OF THE COUNTY OF LIMERICK. The intelligence received in town this day from the County of Limerick,strongly exhibits two, things—the infatuationof the deluded . peasantry, and the efficacy of the measures - of Go vernment in preventing the.assasSins from accomplishing their horrible designs. Houses are plundered of fire-arms, and the dcluilCil wretches are still actuated by a thirst of . blood ; but the precautions adopted by the Government are. sufficient to re strain, though not to suppress, the sanguinary spirit, which thus sets at 'defiance the whole power of the State. We must say, however, that the exertions of the Government are not properly seconded by the resident Gentlemers .and we deplore the .pre valence among them of a temporizing policy, 'which is no less injurious to their country than discreditable to themselves...:- Various observations • suggest.thernselyes on this occasion, but we shall reserve what we may feel necessary to say on the sub- jeGt,-until we shall have first submitted to our readers the fol lowing extracts from the Limerick Chroniele of last Saturday : This day the detachments of the 93d Highlanders, lately quartered at -YOuglial, Cloyne, and Dungarvan, under the coin, mand of Captain Lunt, arrived in this garrisim. Two com panies of the 93d Highlanders are to be stationed at the Castle Barracks, in - this city. Yesterday, twenty-four recruits for the 93/ Regiment arrived in this city, from Scotland, and this day proceeded.to join the Regiment, at Ennis.. A representation having been.made to Government relative to the reply given by. Colonel Douglas, of the 79th Regiment, to Sheriff Cuthbert, on his application for military aid, an inquiry was made into tho afthir, and the result is, that the explanation given by the Cd lonel was quite satisfactory, both to the Government and the Commander of the Forces, and their approbation has been offi cially communicated to the Colonel. Robert O'Callaghan Newrnham, Superintendaht General of Barracks, is especially ordered to Newcastle, to meet Major-General Sir John Lambert ; he arrived there this day. By the following communication from . Government, it appears that the highly respectable and efficient corps, the Adare.Yeomanry, are, i'roni Wednesday last, placed on permanent duty. We are confident that their best exertions will be given to the suppression of out-' rage in that neighbourhood, and, by their local knowledge, several of the fire-arms taken from the peaceable householders will be recovered:— " Dublin Castle, Oct. 23, 1821. "San- = I have had the honour to receive and lay before the Lord Lieutenant, your letter of the 18th instant, respecting the disturbed state of the county of Limerick. His Excel lency commands me in reply, to acquaint vou, that, from the several representations which have reached Government, he has deemed it expedient to call out, and place upon permanentduty, the Aline Yeomanry, and which purpose the .neces sary warrant was forwarded to the corps by last night's post. " W. GREGORY. " Captain Smyth, Adare Yeomanry." On Thursday night, a large party attacked the house of Mr. Henry Shire of Garranroe, bet ween Groom and Adare, and having deinanded arms, they received 2 guns. The house being thatched prevented Shire from making resistance. Last night, a considera ble number of armed men attacked several houses in the neigh bourhood of Cappavilla in the county of Clare, and took fire-arms therefrom. ASGeorge Leake,Esq. was returning from Rathkeale this week, attended by four dragoons (2 in front and 2 in rear), two fellow's armed with muskets rushed out of a house at Bar=. nakyle, just after .he had passed it, supposed with intent to as sassinate him, but desisted on the appearance of the soldiers in rear, whomaliey had not observed before, and retreating quickly round the house, made off. . • Among the numerous outrages that have disgraced this coun ty, we have to record the following:—" On the night of Sune day,the 12th of September, a number of armed men, styling themselves Captain Rock's Corps,' entered the dwelling house of John Sullivan, Esq., of Tullilease, near Charleville, and sucr ceeded in taking a musket, (the only arms in the house,) with which they made off. Again, on Tuesday, the oth instant, they made a second entry, and, in a threatening manner, de manded more arms, which they said Mr. Sullivan had concealed, but, on being assured that there were none, they went away, after breaking some windows. On Tuesday night, the 16th in stant, they, a third time, tumultuously entered and broke open Mr. Sullivan's private desk, which they rifled of various papers, among which were many of - importance. Mr. Sullivan being possessed of some property, in tithes, in the counties of Cork and Limerick, the papers relatiye thereto. were their declared 'Object." . . . Amidst the general disturbance, there is no part of the county, in which thuoutrages of the mal r contents have risen to a higher pitch of excess than in the farm of . Glenabine and its neigh bourhood. This is a large farm in the vicinity of Newcastle, which was evicted for non-payment of rent; it is at present in the possession of Edward Sheeby, of Ballintobber, Esq. The lawless banditti that infest this part of the county have endea voured, by repeated threats and incessant injuries to his cattle and other property, to compel this Gentleman to the abandon ment of the place. Such is the state of insubordination existing there, that a herdsman would not be permitted to reside upon the ground. - On Saturday last, Mr. Sheehy sent one of his men (Thomas Reddy) to bring from the farm a bullock, whose legs had been broken by some ruffians the evening before ; the man had scarcely appeared on the ground, when two fellows, armed with pitchforks, (with which they had been making hay in the adjoining meadow, for the Rev. Mr. Geraghty,) rushed frorti the body of the hay-makers upon time unfortunate man, cut and beat him most cruelly, and left him for dead. The • man was, however, taken up alive ; but we regret to add, that his reco very is despaired of. Prior to this outrage, a man of Mr. Shecbv's had been fired at, and his herdsman inhumanly flog ged. The cause of this annoyance to Mr. Sheehy and his pro perty we are totally at loss to discover, unless it exists in the circumstance of having taken . a farm which had been evicted for non-payment of rent ! Should this desperate system prevail, what guarantee of security can any man have for the possession of property ? The offices of the Castle at Newcastle are fitting up for a temporary barracks. Wednesday evening, the High Sheriff of this country received an order, conmmuting the sentence of Michael Shaughnessy from death to transportation for life to Botany Bay ; for which place he was sent on a route to Cork, at an early hour on Thursday morning, under an escort of the Pith Dragoon Guards. Shaugh nessy was to have been hanged this day. A respite has been received by the High Sheriffs of the city of Cork, for the persons who had been sentenced to death at the late Assizes. In consequence of directions received from his Excellency the Lord Lieutenant, C. B. Barker, Esq. High Sheriff of the County of Tipperary, has called a Meeting or the Magistrates of that county, at Killenaule, on Tuesday next, at twelve o'clock. We see, in the foregoing accounts, the same restless spirit, and the same audacious combination, which have already pro duced the most hideous crimes, without any hope for the safety of the peaceable and loyal part of the inhabitants, unless in the presence of a large military power, marching and counter marching through the disturbed districts, by night as well as by day. The large rewards which have been offered for the dis covery of the murderers of the late Air. Going have not induc ed any one of them to give information against his associates, and the desperate fidelity which they exhibit, at a inonient when mutual distrust ought to excite each of them to anticipate what lie should suspect in his comrades, is a proof of the magnitude of the danger.—The troops in the disturbed districts are as much harassed as if they were in the country of an enemy, with out even seeing an armed foe, but without knowing at what mo ment they may be attacked. —The life of every loyal, or peace able, or industrious person is exposed to danger every moment, because the assassins are not detected : while the' real strength of the State is liable to be undervalued by the wretches, who are spared on account of the veneration widen the Government feels for the Constitution, but who seem, by their atrocious obsti nacy, to justify the application of the most coercive measures.— The power of the Constitution, however, in this case can only act defensively against the machinations of such wretches, 'par ticularly as the object of the conspiracy has not been as yet fully developed ; but as the Irish Govennuent has taken every pre caution not incomp at ible with the liberty of the subject, for the an protection of life d propel t)', we think we can trace time policy as well as the character of the,Administraeion in the measures, which have beeii adopted for the safety of the State. The measures taken by the Government are operating calmly, and we hope successfully, for the re-establishment of tranquillity. of Limerick he com- Indeed we have some reason to e x p ect, tha t before the expire tii)loenteolyf ten days, zednot,obnulyt:thwiell discontented county d spirit of the peasan- try in other counties be entirely allayed, id 6rANiience of tlitir ' measures which the Government has put in operation. li, was often said, for .the purpose of irritation, that the Irish phi". Santry were uni tirmiv . 'treated badly, wbeneer the British Go vernment heel been at peace with the rations of Europe, end that concession never was granted but' at a moment of .diatresta. -It is not necessary to shew the falsehood of such an assertion, particularly as the atrocious calumny cannot be :created at the present. moment, when the British GaaVermnent is at peace with the world, and when -the Sovereign 'is respected abroad as much on account of the energy .of his mind, at• on account of the exhaustless- • resources of his realm. ---Yet at such a moment, when the Ertecutive Power ' is irresistibility strong, the measures of -the Government are as mild and as conciliatory, as if its existence depended on the fa , vout of a mob. Surely, the measures whichhave been adopted for the public safety in the county of Limerick, and the pre cautionary steps which are about to be taken, by the express directions of the Government, in the . . county of Tipperary, to morrow, for the purpose of preserving tranquillity, shew the pa rental feelings which actuate the Government, even at le mo ment of general alarm. It is not the, true spirit of the Consti tution that the laws should be so defective as to - allow murderers to .effect their horrible purposes unpunished, or that the liberty of the subject should enable assassins to destroy every peace able person. If the existing , laws should not reach the perpe trators of the most ' horrible of crimes, and if rewards should not induce any of the '. assassins to make a discovery of the extent of a plot, which, as we Jearn by the 1 Provincial ' NeWspapers, is on the eve of an explosion in other counties, and. if every supporter of the Constitution should be in danger of being murdered- on account of his loyalty or his zeal, then the Constitution itself would fail to produce that benefit for whieh 'it is so' deservedly prized—namely, flie.• protection of,life and 'property, with the enjoyment or rational liberty In such a case, the boasted freedom of the subject would not be the liberty of industriOus persone to follow their ordinary businessit would not be the liberty of the opulent to enjoy their wealth —or, it would not be the liberty of the loyal to walk on the King's high- way . ; but ,it would be the privilege of assassins to commit their crimes With impunity, as it would be the right of Conspirator's to become lievotutionists.—lf we were to Offer a cdnjecture.respecting the intentions of, the Irish Administration, we would suppose that they will do every - thing which may be strictly conformable to the laws ; but • that no measure will be adopted which may be inconsis tent • with • the privileges , enjoyed under the Constitu tion, . If the ordinary course of justice shall effect so .desirable an object as the re-establithment of public tranquillity, then the Government will be content with what may have been done for the safety of the State, and leave the moral regeneration of the tumultuary partuf the peasantry to the influence of their Pas tors, and to the equitable administration of the laws. But, if such mild and benevolent intentions should be disregarded by the infuriate peasantry, we suppose that the Government will be content with restraining the tumultuary spirit, . and preventing assassination, until the Parliament shall meet, and that the Mi nistry will propose the enactment of such measures es will - place public tranquillity, on a permanent basis. We conceive that such is the. olicy which is adopted ; because we believe thatthe members of the Irish Administration, who are as distinguished for their wisdom as for their mildness of temper and their ha bitual veneration' for the true principles of liberty, would not imitate the conduct of that King of Spain, *hi) forfeited his life by his unwillingness to deviate from the grave etiquette of ,the Escurial ; but would think. it to be extreme folly to adhere to . the forms of the Constitution, until all the cirennistances. which make the Constitution valuable Should be utterly lest. • LAW INTELLIGENCE. COURT OF CHANCERY, Nov.* L PATENT MEDICINE for CURING the TOOTHACHE, SHAWE V. HEATH. Mr. CULLEN moved for an 'injunction to re-:1 strain the defendant from proceeding at law to recover the sum of 801. from the plaintiff. He stated, ite•moved it on a bill, filed by the Plain tiff against the defendant, for an account, and to be decreed to repay him.mOney that he had paid to the defendant under misapprehension. It .ap peared that the plaintiff had agreed to be the vender of certain patent medicines prepared by the defendant, which were to be delivered in the usual bottles, and to take to the amount of tof. a year of them, and to keep secret what the mixtures were compoSed of. The medicines were, " Juniper's Essence of Pepperment, Juniper's Essence of Pennyroyal, and Heath's Sedative for the Tooth Ach." The hottles filled with the com pounds were to be delivered to the plaintiff at - a fixed price. An Act of Parliament of the 52d of George the Third passed for the purpose of raising the duties on glass, after which the defendant reduced the size of his bottles, so as to meet the advanced duty on glass, and informed 'the plaintiff that the - Act empowered him to make the purchaser of the bottles pay the ad vanced.duty, but to remedy it lie had reduced the size of the bottles; the plaintiff, believing his statement, continued to pay the same price for the lesser bottles which he had before paid for the usual bottles ; but on looking into the Act, he found that it was only makers of glass that were allowed to advance the price to cover the increased duties ; it did not allude to the case of the defendant, who, by his agreement, engaged to furnish the usual sized bottles filled with his medicines. The LORD CHANCELLOR —I agreement." After his Lordship had read it he observed, " What can I say to such an agreement as this, where there is a covenant that the plaintiff shall keep secret what the component parts of a medi cine are, when the patent was granted for the purpose that it should be kn?wn to all mankind at the expiration of the patent, and must have been set forth in the specification in the year 176 0 ?" -" Hand me up the Mr. CULLEN contended that although the com ponent parts of the medicine might be no secret, yet the covenant only meant that the plaintiff was bound not to reveal it. The Lo►tn CHANCELLOII—" Th►is Court can- not act upon a secret that ought to have been made known to all the world in the year 1762. If you want to know if the Act of Parlia ment bears on the agreement, you can bring an action in a Court of law for that purpose. You do not lose any thing by the reduction of the quantity of the medicine by the bottles being re duced in size. The unfortunate patients who take it may have been benefited by tl►e reduc tion. You do not state that you have sustained any loss." Mr. CuLLEN said, the plaintiff had sustained a loss, as - the sale of the bottles l►ad decreased since the quantity of medicine bad been reduced. The Loa►n CHANCELLOR—" I cannot grant an injunction to restrain a person from having the tooth-ach, nor can I enjoin the unhappy persons afflicted with it to make use of your medicine. If you have any remedy it must be at law." Mr. lloasiv., Counsel for the defendant, said, that this -case had been decided by a similar one which was argued before his Lordship, that of Newbery t. James.—Motion refused, with 51. costs. COURT Of' KING'S BENCH, Nov. I. EXTRAORDINARY PLEA. LORD SONDES V. FLETCHER, CLERK. The LORD CHIEF JOsTicr., at the rising of the Court, ad verted to this cause, which stands in the Paper, and observed ; Before Lord Sondes v. Fletcher is decided, 1 think in justice to the defendant we ought to be assured the plea is with his know ledge and approbation. The consequence of a Sirnoniacal Con tract will be serious. Judge BAILEY.—The King will- have.the power of present ir!,g,' to' the Rectory ;• the defendant will forfelprofitsot the benefice, and be , disabled from holding it. 31r. LIT TLEDALE said, he was willing, if the Court thought it proper, to let•the discussion of the cause stand over until he could consult his client. LORD CHIEF :strsTrcE.—Yes. It may stand over until we know his plea is with his own concurrence. Mr. I.tivi7.EDALE observed, thnt the defendant lived in the country. Judge BAittr.—lf he is well advised he will eome to•town. It did not appear what the nature of the question between the Noble Lord and the defendant is. KNOWLEI iT. IiditSFALL. This was an action tried at Lancaster to recover a quantity of brandy. The plaintiffs Were assignees of Dixon, a bankrupt, who as well as the defendant carried oir business at-Liverpool. Previous to the bankruptcy, Dixon had imported brandy from France, which was entered at the Custom House, and bonded as his property. The defendant became the purchaser,' and the question the Court had to decide in the present instance was, whether the brandy was in the possession of Dixon, to give him the character of ownership ? After the case had been ably argued by Mr. Tyndal and Mr. Campbell, the Court gave judgment for the defendant. • - CULVILLE- V. NEWBERRY. This was an action on a Charter Party, on the ship Penson, from London to Calcutta, ..with a contract for freight home.--- The Charter Party was between the plaintiff and owners of the ship, but the action was brought against the master of the ves sel; on a presumption that ownership vested in him whilst he had the command of the ship; at the time.the plaintiff sus. tained a loss 4y breach of the Charter Party. - The Penson sailed, and was obliged to put into Mauritius, where it appear ed that she had the dry rot. The Surveyors were of opinion the ship might have been repaired, but the goods were landed and sold, and the plaintiff lost the benefit of the Charter Party. When the cause came on for trial the plaintiff was nonsuited, and a point reserved for the consideration of the. Court. In the present instance; the Judges'. were called upon to de cide what wasthe effect of the Charter Party; anti whether the defendant was liable to be sued ? The case was argued by Mr. PAnKr. and Mr.. CA3rrstr.7... The Court held this to be a question of considzralde import. am:eta the commercial interests of tile country, .ti. o.uer hate all the facts put in the flirm of a special verdict ; ',iz•cted new trial. nONKII,T V. ALI)r.RSON. This was an action tbr money had trod received. The ques tion arose Upon a seizure by the Sherid: The plaintiff, Doakin4 being joint tenant in a farm with his son, execution i ss ued al:ainst the sup, and the Sheriff, therefore, levied. upou and sold the joint property. The question was as to the proprietyaf the forni in which the present action had , been hrought " Mr. LIT T pAL E, for the plaintiff,.went over the various forms of pleading, and contended that 'any form of action but that " forinoney had and teceiV6d" would"be objectionable. !Mr. Sergeant HuLLocK was about to address the bench on the part of the defendant, when The CouitT asked to what form of action the plaintiff ought to have resorted ? Mr. Sergeant Hutto-L:lr said that it would be sufficient for him, he apprehended, to deny the. competency of the course taken, without pointing out what would have been the proper course. To that strait, however, he was not driven ; for he. should contend, that for so much as the. father was indebted, upon ac' count, to the son, for so much the Sheriff might levy upon the share of the father in the joint property. • The CQURT took the limn of the action to be a question of some nicety, and deferred its decision to a future day.. COURT OF COMMON PLEAS, Nov. 1. The adjourned sittings after Trinity - term commenced before Lord Chief Justice DALLAS and tt common jury. ' • . HAM:I - SON V. }I•! EC This. was an action of assault, originating hr a quarrel be - .. tween the parties, both colliers in neighbotanig Coal mines, i ll Staffordshire. It appeared that on the loth of N; arch last til e ' plaintiff...was working in a coal-pit, the prOperty Of whi,..11 a matter of dispute between the respective employers of t 3 parties . , -when the defendant came up to him and. told king „. desist and leave that; but the plaintiff hesitating to ObeY . 11 ' - mandate, Beech collared him, a struggle ensued, and, serZ an iron crow bar which was standing near. thetlefitodant-,titru c ;' the plaintiff with it on the heal and cut him severely, by 'Ala ° he Was rendered uniule to work for two or three days. To ev: , cover compensation for this injury the present action st', brought. • . . Mr. Sergeant VAUGHAN conducted the plaintrs case, a' •M r. Sergeant PELL that of the defendant.--Verdict for tb' plaintiff—Damages, 101. • 111RTHS.- At Camberwell Green, on the Ist inst. Mrs. James - Wais i '' of a thughter. Yeste,,Lay morning, in Mlllbank-row, Westminiter, of Edward Parrett, Esq., of a son. On the Ist ult., Mrs. Dakin, of Stockwell, of a son. MARRIED. On Thursday morning, at Marylebone Church, Mr. R.l're!' ham, son of Mr. Welham, of Dennington-hall,.SuflOik, to 1 ,1 .-° - Smyth, daughter of the late Captain Smyth. On the 22d ult., at the Ambassador's Chapel, Paris , the Baron de Gavedele-Gearing, to Rim, widow of Georkre ing. Esq., son of the late and uncle of the present Sir Ear'}'Dermg, Baronet, of Surrenden-Dering, Kent. DIED. At Belfast, on Thursday, the. 18th nit., Brevet "Mayor drew PAlison, of the late 11th Royal Nr.teran Battalion, 39 ,f formerly of the 29th Regiment of Foot. He was interred the Regiment in garrison, (the 31st,) with military honours' ° the 24th. • At i%larkethill, . aged l&4 years, Mr. Matthew Maepari who retained the use of his factildes till the latest period 9i Sunday se'nnight, aged 14, the wife of Mr. W. Leovolti,,°,,,f Ilalesworth, Suffolk. She was on a visit to her son at 13•=!cc l '. • and had spent the forenoon to better health than of late "e 3l '.'6; but, after eating a good dinner, and whilst seated on a sofa, ufl o a Magazine in her hand, she-suddenly exclaimed that she cO ft • not see, and that she was dying, and expired in about an after. J. EAST INDIA 13IRT113;, MARRIAGES, AND DIL.-1. 1- 8031.8AY BIRTHS. 4 At Neemutch on the Bth Feb. the Lady of Lieut-0:"W" John Ludlow, of a On. . c l. At Ilengullo„ on the IStli Feb., • the Lady of Cart ' Doveton, Bengal N. I. of a son. BENGAL BTRTtIS. At Agra, on the 3d March, 1821; the Lady of Lient.,l°)l Forbes Paton, Garrison Engineer and Executive Officer, °' son. . t or On the 15th March, at Chrowringhee, the Lady of Lizt l.c Colonel Nadia', of a daughter. • • 3 1 ' At the Presidency, on the 18th. March, the Lady of -• 3lacnabb, Esq. of the Bengal Civil Service, of a daughter. lei, At Serampore, on the t2,3d'Altirch, the Lady of 11. J. lorup, Es+ of a daughter. On the 21st March, Nirs. *Tames Baddiley, of a daughter' ne , At sea, let. 4. 17. N. and lonr. 19. 57. W. on . the 20th Of Li e f tober, the Lady of Nlr. E. C. li . arrison, Assistant Surgeor' 9 a son. BENGAL Mtnit'AG2S. Of At Patna, on Monday, the 12th 'Alan*, at the 1-louse tii e Mrs. Marker (late a Supt. of Lady Ilas6 , 'g's School). 11 Y it , Rev. Mr. E. Brodie, Cha.plain, :31r. Gray, Bau fe sistant of the CustoM House, to MiSi .lessy, second daught c " Lieut.-Colonel Francis, of the Lionel:table Company's 4 1.1 - t Service. • On the 17th March, at St. JoIll:•s Cathedral, by the Rey , Person, Mr. Patrick Boyle, to Airs. Annalyellii Smyth. On the same day, at St. John's Cathedral, hy the I te'''" Parson, Mr. Richard Wiseliam, to Miss F.oaina ItodriKtto. - nrsoAL On the 17th March, .fir. N:achew William Morlcs, fi g eti 51 years. Bth Captain Alexa At Kornegalle, on :le _;) etritary, ;ay. Mcßcan, of 11. M. 62.1 Cqleti Regiment. On the forenoon of the lath March, at his house in ringhce Lieut.-Colonel Archibald Campbell, of tae '2 60 1,:j 6 meat N. I. after a short but extremely severe illness, whc e itie bore with that placidity of temper, and resignation to the D . ,L ce l , will, which characterized hint through life ;.---gifted e'sgi4 lent natural abilities, and always conspicuous by an activ e ter intelligent discharge of the duties of his profession, ° ,i0.1 0 ; was at an early period of his service in selected for: e rie' Lions of high trust and responsibility, and having throughout a long and distinguished career of public L' e ' co ill' strictest integrity and the most unblemished T i onout."l., o 're' bmcd as these superior qualities were in, this instance wi t / markable warmth of hearth. and a disposition so uniforrosi"betr mane, considerate, and kind, that it gas felt by all with., it r ti he had any intercourse, it may be safely asserted, t- 1,3 4 fallen to the lot of very few to live so generally respect' beloved, or to die so deeply. znii.sincerel reqretted. qt .e / On the Lath March, near Diamond lifar'.;aur, t he ir'-. 1 1 ; 0 0P of Capt. Charles Beach, commanding the Lady Ne ll • , g d 6 months and 19 days. On the 13th March, Mrs. Eleanor Lemondine. ra 3 of. Phillip Lemondine, of the C. ilarine„ 34.) Y e a Printed and Published, for the Piton:t.:ET as, at the OF rICE, 112, Strand, Ly J. B. C.4utsTAlus"