The Sun. — London, England, 1821-11-15 00:00:00

t L ... . .. . . . .. . . „. 1 .,.....„ , , ?..s, . . . ..,.• --,,, ~, .... 4. .t.,, , • t....... ......" . . g . -17 :tfr —A k .:,..>•,- . ......",'e . ..., • -,.6 •' ~..-; - -,, -=,-.4."), l '''' ~.41., ' '- ' -. • ~...--.:-.=,., :...f . -,... 41- 11: 40 41 —..,-.....,. %-:': • ~ : 2 - ,421111` r - .1- ? 7,(?4,•!r:1—%'--..41--, •,•.. .., ...,.. . ~ ...// / 09 • ..„, (4, , i ,i/4 4) ". 1, . ,, , i .4' ' s'..• - , ~ .. • , . -• - '~. I ~' • ~ /w) NUMBER, 9118.] THURSDAY, NOVEMBER 15, 1821. NICE SEVENPENCE. EAST INDIA HOUSE, Nov. 14, IS-21. Public-house, she was answerable forali debts, and her property would be chargeable. Mr. BELL argued with great ingenuity from the analogy of tontines, and cliib-rooms, and hotels by subscription, that the conduct of the brewers was such as the Excise generally winked at. But let the brewers be guilty of fraud on tha Excise not, the plaintiff was not answerable for that, and her case couid not be affected by it. A forfeiture wotild not be decreed with out the strictest examination of the terms. The VICE-CHANCELLOU said the forfeiture must come within the principle of the testator, and the words of the tes tator before the Court could sanction it; but here it was a keep ing of a Tublic-house contrary to the principle and the letter of the will. grant a criminal information upon such legal evidence as would enable a Grand Jury to find a bill. THE COAL-TRADE. ,Mr. A.SrnitEws moved fora rule to skew cause why a man damuS should not issue to the Magistrates of Marylebo ne off ice , commandingthem to hear the information of a man named Bradfield.. - .The doubt in the niind'of the Police Magistrates arose (it appeared) upon the construction of the Act of Parlia ment regulatariz the coal-trade:. By the words of the 130th section of the Act "all fines or penalties exceeding 201. in amount are made recoverable by action in the Courts at Westminster ; all penalties under 201. are recoverable before a MagiStrate." In the present case the information was against a ceal-dealer for selling 10 sacks of coals, each deficient in measure ; and the penalty for that offence was a fine of 4Qs. on each sack. The Magistrates, upon the ground that the sixteen Penalties - ex ceeded 201. refused. to act. Mr. Andrews now submitted that the Magistrates were wrong, and that the words in the act— " all fines and penalties exceeding 201."- &c.—meant all single fines or penalties, and not the amount of several fines together. —Rule nisi grante& Mr. LoyAT addressed his Honour on the same side with Mr. Bell. With respect to revenue laws, they had nothing: at all to do with the present case. In support of this proposition he referred to a case decided by Sir Wm. Grant, late Master of the Rolls. Then as to the apprehension of the plaintiff' having cotne under the bankrupt laws, there was not one tittle of evidence to show that a single bottle of wine, or single pint of porter, or any other article had been sold by the plaintiff without doors. OFFICE OF ORD.NANCE, November 12, 1821. THE PRINCIPeIL OFFICERS of His 119.9- JESTY 'S ORDNANCE do hereby give Notice, that Proposals will be received at their Office, in' 1?all-Mall, on or before D'etlesday, the 21st Instant, from such Persons as may be willing to undertake the Supply of OILS, 1301- TLEs, and other Articles, for service of this Department for a P er iod of Three Years, determinable after the expiration of the first year,upon Notice of three Months, at the Option of either Party. Patterns and Samples of the Articles may be viewed upon application at the Principal Storekeeper's Office in the Tower, and farther Particulars, together with the Terms and Conditions of the Contract, may be known at the Seere llrY's Office, in Pall -Mall aforesaid,' any day between the Flours of Ten and Four o'Clock, where the Proposals must be delivered, scaled up, and endorsed " Proposals ft)K Bottles, &c.;" hut no Proposals ran be admitted after the . 2151 Instant„ at nVelve o'Clock at Noon of the same day ; neither will any Tender be noticed, unless Me Party making il l or an iigent in his behalf,:shall attend. By Order tf the Board, R. H. CRE TV, Secretary. OFFICE OF WIDN,IATE, November 5, I'2l. THE PRINCIPAL OFFICERS of His M - JEsrys ORDNANCE do hereby give Notice, tha t they will be ready to receive , Tenders in writing, at their ° ffice , in Pall Mall, on Monday, the 19th Instant, from such Person s as may be desirous if Purchasing Tu; Hun dred and Twenty Tons of RE-M E LTED LEAD, remaining ' n hts " a je 3 tY's Stores, partly at Woolwich and at Ports mouth. The Lead may be viewed upon application to Sir William Congr ess Bart. the Comptroller of the Rfiyal Laboratory at Woolwich, and to T. G. Burskm, Esq. assistant Fire master to th e R oyal Laboratory at Portsmouth,any day pre vous to the day of Sale. Tenders wild ie considered for the whole or part of the TwO Hundred and Twenty Tons, but no Proposal will be eidatitted for a smaller Portion than Fifty Tons, and Pay 'Yent of the Purchase Money will be expected on delivery of the Lead to Purchasers. Farther particulars ?nay logknown upon application at the Secretary's Office, in Pall aforesaid, any day between t4c Hours of Ten and Four o'Clock, where tize, be delivered, scaled up, and endorsed ." Proposals for inbut no P roposal can be admitted after the .said 19th start, at Twelve o'Clock at 2Voon of the same day; neither 4411 an , / Tender be noticed, unless the Party making it, or Qll "'gent in his behalf, skull attend. By Order of the Board, B. H. CRETP, Secretary. PUBLICATIONS. Tis was blishe • La Two Volumes i y gnio. pu price Bs. d ia boards, the a New Edition of I.: W ARS of the JEWS, or the Hi s t or y o f D estruCti on of Jerusalem. The l By FLAVIUS JOSEPHUS, earned and authentic Jewish Historian, and celebrated Dr•lilted fu /Var rior —Tran s I.a ts d from Ihe original Greek. • rP. and J. lti v i ng s ons , 63, Kt. Paul's Church yard, and 3, Waterloo-place, Pall-mall. This Day was published, In One larze Volume, svo, price in boa'rds, COURSE of SERMONS for the FES TIVALS and PASTS Of the CHURCH of ENGLAND. By JOSEPH HOLDEN POTT, A.M. Archdeacon of London, and Vicar of Si. Martin in the Fields. ~.armedPri fur P. C. and J. Rivington, No. 62, St. Paill's yard, and No. 3, Waterloo place, Pall mill. ;. Of wh om e may be had, by the same . Author, 1.61r1i.e Third Edition of a COURSE of SERMONS for tire throughout the Year. In 2 vols. aro. price ls. in boards. This Day was published, In Pone Volumes, 12tuo, price, in boards, 11. 4s. a Njw Edition of CONTEMPLATIONS on the lIISTORI CAL PASSAGES of the Old and New Testament. By the Right Rev. JOSEPH HALL, D.D. • Late Lord Bi s h o p o f N orw i ch. cYrinted for .C. an .1. Rivington, No. G 2, St. Paul's o urch-y ar d , a n No. 3, Waterloo Place, Pall M a ll. Th e Of whom m a y b e h a d , " Tes 'Argum en t s of the Rooks and Chapters . of Written d and xi ti tam en t, with Practical Observationsmi.. b i ,, ll Y in Preach, by the Rev. J. F. O sterva ld, Professor ill eh a ', l ,, n , i tYs and one of the Ministers of the Church at Neuf- Esq . Sr'itzerl - ind. Translated by J o h n Ch am b er l ayne , 41 1 ee vols. 12mo. 16s. 6d. in boards. 814 1 `°P MANrS FAMILY COMMON PRAYER. BOOK COMPLETE. Dedic a t e This Day was published, loi,i;d, by p erm i ss i on, to the Most Her. the Lord Arch hod 1 , ) of Cant er b ury, pr i ce 11. 16s, in boards uu Medium, IliE 2s, on Royal Paper, N oi ,ao- OK of COMMON PRAYER, with aPpr o 'ES Explanatory, Plactical, and Histor i ical, fron t ; art ang 7 e e a d Writers of the Church of England, selected an B 7 the Right Reverend RICHARD MANT, D.D. OZto d Lord Bis!lop of Killalue. t on e l Prit 'Pd for J. Partici': and F. C. and J. Riving "," Paul's C. lrch Yard, and Waterloo Place, London ; 41 1; s :',„d by all Bou -tiers in Town and Country. .abis Work may still he had in Parts, for the Corm.- terice of Purchasers - m e di um Paper, at 4s. and Royal , at "* " Of st, •ue Bo oksellers above-mentioned may be had, by the 1. S e saute Author, Mons for Parochial and Domestic Use. The Fourth Edi si°„ 9 vols. aro. 83. 1 8;* -Light Sermons Preached at the Bampton Lecture, in p_l2, defending the ' Rogular Clergy from the Charge of not preaching the Gospel. The Sixth 'Edition, Bvo. h.`3..• Academical Sermons on the Liturgy and other subjects, r'vached at Oxford, in 1814, 1815, and 1816. Bvo, 7s. 6d. BRITISH INIPERIAL CALENDAR tor 1b22. On the 20th instant will be pithlislied, price 4s. 6d. or bound, with an A LA:ANActi, 7s. 1 1 1 F l E BRITISH IMPERIAL CALENDAR ki r i, f°r Ins, Containing a general Register of Hi,: United . aiseL / 9 12 1 Of Great • Britain and Ireland, and its I.!,lonies , p riv lets of both Houses of Parliament, the Peerage, the. Bra t ) : F"ncils all the Official Departments of the State an , ti le it" . of, Pt.lblicService ; the Army and N!.vy . ; the . Chur , cd ; Ili st; ,:r, , National Scientific, or Commercial Compames . and wti ms ; with ' many additional Articles of Public Utility. tait o By JOHN D'ORETT, SLo ndon the Peerage of the United Kingdom and Baronetaf , e l . trand."... -- Printed for WincliesVer • and % arn half, . 0 , 6 _. udl.l. Scatebard and Letterman ;J. Nlawaihn ; ac : .. k . litiqk er an 'lltott ; W. Blacklock - ; Lackington and .. Co. , _ , an i t , (.:,.. .3 ; Kid J. E/both ; S. Bagster ; E. Lloyd; Sh!!rwood ~, Chei t ,' , a ' gwaY Suitabv, Ecance and Fox; S. Barry; (,• "el and other Plopiletors. ' T UE COURT of DIRECTORS of the UNITED COMPANY of MERCHANTS of ENG LAND TRADING to the EAST INDIES, du hereby give Notice, That the QUARTERLY GENERAL COURT of the said Company appointed to be held at their House in Leaden ball-street, on WEDNESDAY, the lath December next, at Eleven o'Clock iu the forenoon, is made SPECIAL, fur the purpose of submitting for confirmation the Resolution of the General Court of the '26th September, approving the Reso lotion of the Court of Directors of the 29th August last, granting to Dr. JOHN BORTHWICK GILCHRIST, as LECTURER in the HINDOSTANEE LANGUAGE, the Sum of 2001, per annum, for a further term of Three Years, together with an allowance of 1501. per annum, to enable biro to provide asnitable Lecture Rootis.----The said Resolution is•open at this House for the inspection of the Proprietors. The Court of Directors do also give notice, that the said General Court is further made SPECIAL, for the purpose of submitting for confirmation the Resolution of the General Court of the 26th - Sept ember last, approving the Resolution of the Court of Directors of the sth of the same month, granting to Mr. JOHN HINDE PEI.LY, of theßoinbay Civil Establishment, the sum of £2OOO, upon the grounds therein stated. The Report required by the By Law, Cap. 6. Sec. 20. to gether with the Documents upon which the said Resolution has been formed, are open for the inspection of the Pro prietors, at this House. JOSEPH DART, Secretary. To Sail immediately, _ . For VAN DIEMAN'S LAND, and NEW SOUTH WALES, with liberty to call at Madeira, E fine fast-sailing new-coppered SHIP DENNIARK HILL, JOHN FORE MAN, 0)111111,w:1er, burthen 250 Tons, . ing in the London Dock. Has excellent accommodations foiCabin and Steerage Pas. sengers. For Freight or Passapt, apply to BUCKLES, BAGSTER, and BUCHANAN, 33, Mark-lane. o follow the Denmark Hill, For VAN DIEMEN'S LAND and NEW SOUTH WALES, THE fine fast-sailing new-coppered SHIP MACCLESFIELD, JOHN MOORE, Commander. Burthen 385 tons, lying in . . the London Dock. Has excellent accom modations for Cabin and Steerage Passengers. For which or for Freight, apply to BUCKLES, BAG STER, and BUCHANAN, 33, Mark-lane. .With all dispatch, For the ISLE of FRANCE and CEYLON, With Liberty to call at Madeira, TIIE tine fast - sailing SHIP 1 1 1: 4 GLOBE, THOMAS CUZENS, Cowman der, Burden 3G5 Tons, lying in th e City - Canal, Blackwall. Has excellent accotunto ' • &along for Passengers. Fur which, or for Freight, apply to BUCKLES, BAG STER, and BUCHANAN, 33, Mark-lane. FOR MADRAS AND CALCUTTA, THE fine fast-sailing River-built :,.." SHIP HO 0G H LY, JAMES THOMAS A , Al:l# LAMB, Commander, Burthen 470 Tons. Has excellent accommodations for Pas sengers. For which, or for Freight, apply to BUCKLES, BAG STER, and BUCHANAN, 33, Mark-lane. TO BE SOLD BY AUCTION, By Mr. SOTHEBY, at his House, No. 3, WELLINGTON STREET, WATERLOO BRIDGE, STRAND, on MON . DAY, November 19, 1821, and Three following Day, at Twelve o'Clock,. AN Excellent COLLECTION of BOOKS, in fine Condition; containing a Select Numismatic Li brary4and some Duplicates of a Nobleman's Library; araong which will be found— Folio.—Rapin's England, with l'indat's Continuation, 5 vol.; Knolles"Furkish History, 3 vol. old mor.g. 1.: Thor low's State Papers, by Birch, 6 vul.; Camden's Britannia, by Gough. 4 rul.; Hall's Chronicle; llugdale's Warwick shire. Oclavo.—Annual Register, 55 vol.; Clarendon's f; vol. ; Bacon's Works, 10 vol.; Lecke's Works, 10 vol. large paper; Bell's British 'Theatre, large paper, Bell's Edit. with proof impressions of the Plates, 22 vol. morocco ; Sporting Magazine, from the Commencement to the present time ; very scarce ; British Essayists, 45 vol. ; Shakspearc, by Johnson and Steevens, 91 vol. ; Sharpe's British Theatre, 18 vol.; Johnson's English Poets, 75 vol. &c. &c. To'hc viewed, and Catalogues (Nice Is.) had at the place of Sale• ' LAW INTELLIGENCE. COURT OF CHANCERY, Nov. 14. NOTICE was this day posted in the Court, informing the suitors that it was his Lordship's intention to hear on the first day after Term, Bankrupt Petitions, and to continue to do so until the next Seal, after which he would commence the hearing of Appeals. THE ATTORNEY-GENERAL V. THE COOPERS' COMPANY. Mr. HART said this cause oriOzially came before his Lord ship some time since on a very litigated information, which was filed by certain parishioners of Egliam, in the county of Surrey, against the Coopers' Company, as trustees of the estates for the support of the Charity School of Egham, and against Dr. Jeans, as master of the School, for haVing removed the said School from the spot where it originally stood, and for having made several alterations in the alms-houses attached to the School. In answer to that information, Dr. Jeans stated, that in all the alterations which he had made in the school and the alms. houses, he had acted under the authority and with the sanction of the Coopers' Company. Ii is Lordship, after hearing the arguments on the information, directed Master Cook to inquire and report respecting the alterations which bad been ellhcted. Master Cook accordingly made inquiries respecting the altera tions, and reported that some were abuses, but at the same time approved of others as necessary. When the cause came on for hearing for further directions on Master Cook's report, his Lordship ordered all the alterations which were considered un fit to be reformed under the direction of Master Cook. All.the abuses pointed out in the report of the Master had been re medied, and since that time the school had been conducted by Dr. Jeans with great propriety. The Learned Counsel then stated that he was now instructed to move his Lard ship . tacia a petition of Dr. Jeans. The petition , prayed that it might be referred to the Master to inquire what money is due to the petitioner for the repairs and alterations which he had effected upon the school at Egham, under the sanction of the Coopers' Company ; also that it might be referred to the Master to inquire whethergirls, as well as boys,might not be eciti rated at the Charity School of. Egliam; and, tmally, that the Court nould direct the arrears of the annual sum of 30 guineas, with interest :due the year 1307, to be paid to the petitioner out of the funds of the Ceopers' Company. lie had omitted to mention another prayer of the petition, which was, that Dr. Jeans might be permitted to send in a scheme for the future regulation of the charity for the approval of the master, The original scheme of 1708, on which the charity proceeded, allot ted-three shillings per week to each of the alinsmen, and a sti pend of 401.• a year to the schoolmaster. This arrangement continued to exist until 175 , vahen iht income of the charity buying increased, the Coopers' Company formed is new scheme, by which the sum of 4s. was given to each' of the almsmen.— But the new scheme, instead of giving the Master a specific in crease of stipend directed that he should receive an annual gra tuity of 30 guineas in addition to his salary of 401. per annum. Dr. Jeans, in his affidavit, stated, that this gratuity was pro mised to him on his election to the office of master to the school. Dr. Jeans, however, could only ^ obtain the salary of 401. from the Coopers' Company, who refused to pay the gratuity of 30 guineas. To some persons who were accustomed to deal in thousands, the sum of 30 guineas might appear very inconsid erable, but it was a matter of importance to Dr. Jeans, to whom the arrears of 7 or 8 years were now due. Mr. HORNE here observed, that Dr. Jeans had never re ceived the gratuity on any occasion. He also took that oppor tunity of observing, that the same application which Mr. Hart was now making was made on the motion in 1817, and refused by the Court. Mr. HART said, that when the application alluded to by Mr. Horne was made to the Court, his Lordship considered it pre mature, and refused it on that ground alone. The Learned Counsel then read the affidavit of the Clerk to the Coopers' Company, in order to shew that when Dr. Jeans was elected master, he was given to understand that - he was to receive th e unnuafgratuity of 30 guineas. in addition to his salary. The affidavit set forth, that when Dr. Jeans was chosen master, some of the gentlemen who were prestit informal him that in addi tion to the salary, they believed a gratuity had been granted, but that it was contingent and depended upon an increase of rent-4. After the motion of 1817 had failed, and all litigation between the parties had ceased, Dr. Jeans again applied to the Company for the payment of the gratuity. Upon that occasion the Com pany informed him that they were willing to pay him the gra tuity, provided that the parish of Egham—that is, such persons as might choose to meet in vestry_—would consent to it. In consequence, a vestry meeting was called to take the question into consideration, at which ony 17 persons, some of whom were informants in that cause, attended. Dr. Jeans, after fairly submitting his claims to the meeting, quitted the room, and left the vestry to decide upon them. The meeting was divided in opi nion, but the majority of 9 out of 17 was in favour of Dr. Jeans. The scale was, however,finally turned against his client by a ruse de guerre which proceeded from a quarter whence he (Mr. Hart) should have little expected it to come. Mr. Rosser, the solici tor of the informants, who was present, informed the meeting that the Company had suspended Dr. Jeans for neglect of duty. This piece of information, which was totally false, had the effect of inducing the meeting to reject the claim of Dr. Jeans. Mr. BORNE said, he felt it due to the character of Mr. Rosser to state, that lie made the representation alluded to up on the authority of a paper, purporting to be a copy of an order of the Company, which was given to him by an agent of the company. Mr. limt.T said, that Mr. Rosser might have stated that fact in an affidavit, if he had thought proper. The LORD CHANCELLOR asked what the vestry had to do with the question ? The vestry there was assuming a power almost paramount to that of the legislature. It happened now that no important question, either political or otherwise, could be agitated, but a parish vestry must be called to decide it. Mi. HART replied, that it appeared to him that the Com pany were unwilling to exercise a right, which undoubtedly was vested in them, without the approbation of the vestry. The LORD CHANCELLOR said, the Company either held the funds for some trust, or for their own benefit, and in either case the vestry could have nothing to do with the matter. Mr. HART then proceeded to contend, that if it should ap pear that Dr. Jeans was not entitled to the gratuity, still he had a right to call upon hisLordishp to direct that the Company should augment his salary, in proportion to the augmentation which had been made to the allowance of the alms men in 1750. With respect to the prayer of Dr. Jeans to be allowed to furnish the master with a scheme, he would merely observe, that if it were not granted, the master would never receive any scheme, or at least none upon which he could act. The order directing that the informants should submit a scheme for the approval of the master was made in 'HIV, since which time two schemes have been submitted to that officer, both of which he had rejected. He understood, however, that since the pre sent petition had been filed, a new scheme had been submitted to the master, v:lio, in consequence of the informant's delaying presenting a suitable scheme, had refused to take it into con sideration until his Lordship decided upon the petition. Mr. SILADWELL followed on the same side. Mr. HORNE next addressed the Court in opposition to the petition. He thought the conduct of the petitioner very ex traordinary. He now asked by petition exactly the same thing, which he endeavoured to obtain by motion in 1817. After hear ing all that could be said on the latter occasion, his Lordship said that he could make no order for directing the payment of the gratuities, but that the Company must exercise its discre tion on the subject. The Company had exercised its discretion, and had refused the gratuity. He was surprised to hear his Learned Friend dwell upon the circumstance of the vestry meet ing, which, as his Lordship observed, had nothing to do with the business. The Learned Counsel next contended that the first object of the Petitioner's prayer was already under the con sideration of the Master. That officer was also the proper per to decide upon the question of an increased salary to the schoolmaster. He denied that it could be fairly inferred from the affidavit of the clerk of the Company, which Mr. Hart had read, that Dr. Jeans was made to believe, at the time of his election, that he was to receive the gratuity of 30 guineas. The only Master who had received the gratuity was theimmetliate predecessor Of Dr. Jeans, and it was given to him, on the ground of his excellent management of the alms-house and the school. If the state of those two establishments was compared under the respective management of Mr. Jones and Dr. Jeans, his Lordship would find ample reason why the gratuity should be given to the former, and withheld from the latter. In answer to what had fallen rom Mr. Hart with respect to the delay on the part of the informants to submit a suitable scheme to the plaster, he would inform his Lordship that thepresent petition was tiled in November, 1820. His Learned Friends, therefore, had kept their brief in their pockets for a year, and then came forward to accuse him of delay in not presenting a suitable scheme, although they knew he was precluded from doing so until his Lordship had decided upon the petition. That part of the petition which prayed that the Master should inquire whe ther the charity did - not extend to the education of female chil dren introduced quite a new view of the question. That part of the petitioner's prayer ought certainly to have obtained the sanc tion of the Attorney-General before it was urged. The Learned Counsel concluded by expressing his conviction that his Lord ship would dismiss the petition. Mr. DUCKWORTH followed Mr. Home, against the petition. The LORD CHANCELLOR observed, that it would become a question whether the trustees ought not immediately to apply all surplus funds in fulfilment of the intention of the founder of the charity by distributing them -equally among the objects. of the charity. It happened that trustees too often lost sight of the object for which they were appointed, and made the execution of their duty a source of favour and patronap. Mr. HART rose to reply, but his Lordship requested him to postpone his observations till to-morrow. VICE-CHANCELLOR'S COURT, Nov. 14. Jolas v. BROMLEY. The plaintiff Mrs. Jones, a widow, was, by the will of her late husband, left the life interest of all his _property, provided that she should remain a widow and not keep apublic-house, or haVe any interest or concern therein, or in any other businesS. The trustees under this will refused, after a certain period, to pay the interest to the plaintiff, on the grou n d t h at she kept a public-house. She filed a bill in Chancery, and it was by con sent referred to the master. The master reported that . the plain tiff had not forfeited, and the case was argued this day in the form of an exception to the master's report. Messrs. HEALD and KEATE contended that there was clearly a forfeiture, because the plaintiff ppenly kept the Roman Eagle, in. Church-street, Deptford, ordered spirits.fratm the pots. It was very unfortunate for thi s p oor l a d y, spirit-merchant in her own name , and had her name .narked on t b h u e t P tl e ie terms ler of the will were perfectly explicit. Mr. 11f,a..T. • argued that Mrs. Jones was only tho servant of Messrs. Taylor and co., brewers. There was an affidavit proving that the pewter pots had been ordered by Messrs. Taylor and Co., and that the • whole business was conducted as theirs, the nlaintiff receiving one guinea a week for her services. It was here objected that there was an Act of Parliament against brewers selling in less quantities than whole casks, and this was business that property from being lg ishould sub . shewn to be the state of the law. • The VICE-CuANcEanola said, it was manif est t h at t h e tes b t a o t s o t r b ' s y theintention plaintiff e n 1 3 , m a en n g i n prevent any to ject her to the bankrupt laws. The plaintiff had subieaticl her self to the bankrupt laws, for it was nut to be believed that re spectable thin, as the brewers in question, would declare to the , world that they were guilty cf a fraud. *.zhe th.4refore kept the The VICE-CHANCELLOR—If you get rid of thatob-jection ariAing from the bankrupt laws, you will remove a great-diffi culty from 'the case. _ If appeared that there was not even an allegation to the effect on the other side. Mr. LOVAT proceeded. The plaintiff was ostensibly keepfn of the public house, but not in reality. It also deserved to be mentioned, though strictly it was no part of the case, that Mrs. Jones had brought. 8001. to her late husband, and afterwards by her activity in keeping a public-house increased that sum to the amount left in his will, and of which the life rent was now in question. . Mr. BLACKBURN appeared for the trustees, and wished that the decree of his Honour should be left subject to further inquiry as to who were next of kin. Two brothers had ap peared, but it was not known whether there were not other re latires. The VICE-CHANCELLOR, after some deliberation on this point, said that the judgment he now pronounced might be open to motions to amend the record, and that if the master should, upon inquiry, find there were parties who were not now present in Court, the whole case would be open to be argued again.— The liability to the bankrupt laws being now entirely out of view, it was evident that the plaintiff was not keeper of a public house, either according to the principle or the letter of the will. Therefore there was no forfeiture. IN RE HOWARD AND GUMS This petition, which had been fixed for 3 o'clock this after noon, was postponed till Friday next. COURT OF KING'S BENCH, Nov. 14. This morning the Grand Inquest for the city of Westminster and county of Middlesex appeared in Court, and was sworn. The gentlemen, after a. short but impressive charge from Mr. Justice BAYLEY, retired to their jury rooms to consider of such bills as might be laid before them. THE KING V. SUSANNAH WRIGHT. This defendant appeared to plead to an indictment preferred by the Society for the Suppression of Vice, for publishing a blasphemous libel. The defendant (who is sister-m.daw to Mr. Carlile) pleaded Not Guilty, and received notice of trial for the Adjourned Sittings after this Term. ALEXANDER SOUTHEY. Mr. DEN - 3JAN, for the plaintiff, moved for a new trial in this case, which it will be recollected was an action by tin: plain tiff, a Hebrew printer, against the defendant, as. Agent of a Fire Insurance Office, to recover certain Hebrew printing types saved from the plaintiff's fire. The Couity, under the circumstances, were of opinion that there wss no ground for disturbing the defendant's verdict, and refused the rule. •,• CRIMINAL INFORMATION. • Mr. ScAntryr moved for a Rule to shew cause why a cri minal information should not be granted against John Ambrose Williams for libel. The Loarned Counsel said that he should proceed to state the matter contained in dip libel, and when their Lordships had heard it; he was convinced that no other affidavit would be required, except the one which he spewed, that the defendant was proprietor and publisher of the newspa per in which the libel was contained. A The CHIEF JUSTICE—Mr. Williams is proprietor of a newspaper. Mr: . CARLET T —Yes, -my Lord, and in that newspaper, published in the county of Durham, August 18, 1821, are the following remarks, upon • which I do not now' stop to comment : " So far as we have been able to judge from the accounts in the public papers, a thark:of respect to her late NI ajesty has been almost universally paid throughout the kingdom, when the painful tidings of her. decease was received, by tolling the bells of the cathedrals and churches. But there is one exception to this very creditable fast,which demands especial notice. In this episcopal city, containing six churches independently of the Ca thedral, not a single bell announced the departure of the mag nanimous spirit of the most injured of Queens—the most perse cuted of women. Thus the brutal enmity of those who embit tered her mortal existence pursues her in her shroud." Had the writer paused here, my Lords, he had, I think, gone far enough ; but still he was delivering an opinion which, perhaps, as a public journalist, lie had a right to express ; but he proceeds-- " We know not whether any actual orders were issued to pre vent this customary sign of mourning ; but the omission plainly indicates • the kind of spirit which predominates among our Clergy. Yet these men profess to be followers of Jesus Christ, to walk in his footsteps, to teach his precepts, to inculcate his spirit, to ptomote harmony, charity, and Christian love! Out upon such hypocrisy ! It is such conduct which renders the very name of our Established Clergy odious till it stinks in the nostrils; that makes our Churches look like deserted sepulchres, rather than temples of the living G oo ; that raises up conventicler in every corner, and increas!ls the brood of wild fanatics and enthu siasts ; that causes our beneficed deputarics to be regarded us Usurpers of their possessions ; that deprives them of all pastoral iaittence and respect ; that in short has left there no support or prop in the attachment or Veneration of the people. Sensible of the decline of their spiritual and moral influence, they cling to temporal power, and lose in their officiousness in political matters, even the semblance of the character of Ministers of re ligion. It is impoSsible that such a system can last. It is at war with the spirit of the U.f!.f: as .wll as with justice and reason, and the beetles who crawl about amidst its holes and crevices, act as if they were striving to provoke and accelerate the blow which, sooner or later,. will inevitably crush the whole fabric and level it with the dust." such are the obstarrations with which this writer sought to vilify and defame the clergy, and they cannot be paused with out a conviction, that it' abase of this kind was permitted', there must soon be an end to that veneration which ol:glit to be paid to the established religion. Your Lordship will perceiVe that it is not an individual who is here aimed at, but that the over throw of the Established Church is the object of this individual. The CIIiEF JUSTICE—You May take a Rule to shew cause. ANOTHER CRIMINAL INFORMATION. Mr. CH autl:s PHILLIPS moved for a rule to showca.use why a criminal information should not be filed against Bache Thorn hill, Esq., a Magistrate of the county of Derby, for affecting to take bail upon a charge of minder against Wm. Brittlebank, Esq., and afterwards returning no recognizance. The LORD CIIIIII•jUSTICE asked - if there was any impro per motive suggested? Mr. PH IL Lres said that corruption was imputed. The transaction arose out of a duel which took place some time since bow= Mr. Brittlebank and a Uentleman of the name of Cuddle, in which the latter was mortally wounded; and M r. Phil lips moved upon three affidavits, from which it appeared that Mr. I;rittlebank had escaped arrest in consequence of an assurance given by Mr. Thorniiiii's clerk (at that gentleman's house) that bail to the amount of .1,0001. had been put in. The affidavits im puted that the clerk's assertion had proceeded from the autho rity of the magistrate, and swore that no bail had ever been given. - . . 111 r. Jnitice B.SYLE,' asked whether the clerk had been ap plied.to to make . allickvit ? LLIPS believed not. The LORD CHIEF JusTicE said that there was nothing in the affidavits to bring offence home to Mr. Thornhill. Every word contained in them might be true, and yet Yui fault in:- put:Ale to the magistrate. The clerk ought certainly, in the first instance, .to be applied to. Mr. Pi:ILL - fps stud that such application should be made; and that hemOuld mention the matter again to the Court. Justice BAYLES' observed, that the Court could only COURT OF COMMON PLEAS, Nov. 14. The Court sat in naxco Until 12 o'clock ; but no case of any importance came on. At 12 o'clock Chief Justice DALLAS sat to hear Nisi Prius cases. The following was the only defended case among them : THE PILOT ACT.-PEARSON V. BR OWNFISLD , This was an action to recover the penalty Of 501, under the Pilot Act, from the defendant, for having piloted the brig Paris down the river Thames, he not.being a licensed pilot. Mr. Serjeant LENS, in stating the casa to the Jury, ob served, that the Act in question was passed for the greater security and protection of vessels in the nver, and for preventing improper or unskilful persons from navigating them. The de fendant, who, it would be proved, was a waterman, and not a licensed pilot, had taken charge of the vessel ; and though a re gularly- licensed pilot had come on board and produced his papers, the master refused to deliver the charge up to him. He (Serjeant Lens) understood that the defendant meant to rest his case on a seetion of the pilot act, which exempts from its operation colliers, and all vessels sails sailing for Norway, the Baltic, or the Cattegat ; and that the brig Paris 'did not come under the Act, as she was trading to St. Petersburgh, whither she was bound from the River. The CHIEF JUSTICE asked, would not that bring her un der the denomination of vessels bound for the Baltic ? Mr. Serjeant LENS replied, that that was the point at issue. He then called Mr. Baswell, a pilot, who proved that he saw thebrig Paris proceeding down the river. Witness went on board, and saw the defendant at the helm. Witness produced his papers to all on board, but the charge of the ship was refused to him. On his cross-examination, witness said that the vessel was bound for St. Petersburgh. - On the part of the detendant, Mr. Serjeant VAUGUAN called Mr. Nelson, the owner of the vessel, who proved that she had traded to the Baltic for the last five years, and that she was then bound for St. Petersbuigh. Chief Justice DALLAS held that this brought the vessel within the 'exceptions to the Pilot Act, and directed a verdict for the defendant, which was entered accordingly. . Mr. Serjeant LENS observed, that the aetion was brotght to' have the opinion of theCoort on the case, in order that if it should be as it now turned out, an application might be made to Par.. liament in the course of the next Session. - • , . PREROGATIVE COURT, Nov. 14: LE MANN AGAINST CONSAL. In this case certain witnesses who had travelled Up from Wales in order to give theirtestimOnyappearedat the bar, and attract, ed, by the singularity of their appeara.nce, considerable atten tion. The 'habiliments of the females were particularly 'gro4 . tesque. An interpreter having applied to the Court, by their desire, for permission to be sworn as witnesses on behalf of one of the parties (a pauper), took the. opportunity of stating that the parties, before the oatlis'were taken, were desirous Of halin; , ,' some allowance made to them for - their expenses. These had been already considerable, and were likely to become still mon: so, by reason of the delay to which the prosecution of the cause . might subject them. The COURT directed the Interpreter to acquaint the witnesses, that the party on whose behalf they appearcd,bc;ing a pauper,cculd furnish no funds; and that it was quite impossible for the Court to undertake for compensation. It was for them to decide whether they . would take the oaths or not—a cc :se which, for the ends of justice, it was evidently very desirable should be taken ; but the Court thought it would be highly unbecoming' and improper, if they should now return to their tomes without giving the . evidence which it was in their power to Co. The witnesses by means of the interpreter expressed their apprehen sion ofbeing detained . in London, • at great expense and incon venience to themselves 7 unless their charges were defrayed...-. The proctors on both sides, anti the examiirr, undertook to exercise every possible diligence ; and the witnesses with s,nitc apparent reluctance at length consented to take the oaths, which were administered to them in the Welch language. FORBES V. GORDON. In this case the Court was prayed to admit an allegation, propounding, together with the will of the late J. Forbes, E. of Fitzroy-square, London, two testamentary papers marked A and B ; the former being described as a codicil to the said will, and the latter undated. It appears that Mr. Forbes died in the night of the' oth June, 1821, leaving behind him personal and freehold property to the amount, it is supposed, of 580,0001. and upwards. The will, dated May 2, 1826, duly executed in the presence of three witnesses, disposed of a property in value about 220,0001 specifically. The value of the residue was not known even to the testator. Paper A was dated Ist of Al arch,lB2l. Paper B- without a date, was handed over by the deceased to his solicitor, Mr. Hutchinson, as containing instructions for a new will or a codicil (that beirw'a matter of dispute) which it was his intention-to make, and by by which he meant to alter and to add to some foriner beqUests. This interview between the deceased and Mr. Hutchinson took place on the 12th of June, 1821, eight days before testator's death ; but important business calling his solicitor to the Continent, the codicil in 'question could not be immediately prepared. In the interval of this gentleman's absence, Mr.. Forbes died, and the executors felt it necessary to try the question of the validity of one or both of the two codicillary papers, inasmuch as they went - to make a very important alteration in the disposition of the residue. Lunn NoToi.“ and Dr. MASHAM opposed, and Dr. SWABEY and Dr. Px4.l.4xoltE contended for the admission of the allegation. Sir: JoHN NrcnoLL, without giving any decided opinion as to the merits of the Testamentary Papers A and B, but defer ring that to a future stage of the case, thou =ht there was that matwr pleaded in the allegation which made it proper to be admitted.—Admitted accordingly. A meeting will be held this day, at two o'clock, at the Old Ship, to take into considera tion the best means of giving public expression, on the day of his MAJEsTv's arrival at the Pa vilion, to those feelings of joy, which have been diffused among all ranks, by the prospect of hav ing our beloved Patron and Monarch again resi dent among us. T. R. KEMP, Esq. is expected to be in the Chair.—We are happy to announce that his MAJESTY is expected to arrive, at the Palace to-morrow.—(Brighton Chronicle, No vember 13.) Dame Fortune hag her favourites, and one she. seems most to prefer, is her old friend ats.u.— This Lottery, it appears, her blind Ladyship has looked to biul only, for of the Four Capitals already drawn above r f2.00,,he sold all four. Perhaps this might be intended as a compliment to his Office in Cornhill, as the number of that 'house is . Four ; and as his Office at 'Charing- Cross is numbered Nine, we may expectliy the same rule, that he will sell Nine more Capitals ; and, no doubt, include one or both of the Thirty Thousands yet in the wheel.