The Sun. — London, England, 1822-12-24 00:00:00

~ :..) i .---'4)'• 0 c - ,- -:',-, _ , \• 1 " " _ '-,,,- • vi94-',"' - .- - t*--------,<J''r -- • i ~i ', .:7,; ... ~,, -, . • ,;:-_,-- -- .. , A • ~, _ --- Al itt , , w)ti-. .l 4, ,4, ,:;‘,,,, '--:-.t; ' ilf --,- ;.- -r- - ~ .1,., . .. . ' . . ...... - , , ,,;..2.4 , : ,-4.• 0/ - ...7. , ,, ' .. , • . , . ______ , s. \ , , • , \ , *O ' lliliNN * 0 1 7...4.--td //..-2 .`"`-, • 1 . 1 , - %-_-. \.....c5%. ..i t t r - , . ,•.• .• _ : . ~..- ____ -, --, ,, ,0, ~,.,,,„ , 0 , „, • ~,,,., .w~ 4 i.~ M ~/ the T (-y/t a t-d- NUMBER 9464. SOCIETY FOR PROMOTING CHRISTIAN KNOW- - LEDGE. ASPECIAL GENERAL MEETING of the SOCIETY for PROMOTING CHRISTIAN NOWLEDGE will be holden at the Society's House, in ' S ARTLETT'S BUILDINGS, on FRIDAY, the 27th inst., receive and to take into consideration, a Communication "In the Incorporated Society for the Propagation of the Gos- Pel in Foreign Parts.' The Chair will be taken by His Grace the ARCHBISHOP °I CANTERBURY, at Half-past One o'Clock, precisely. WILLIAM PARKER, Assistant Secretary. Society's Office, Bartlett's Buildings, Dec. 21, 1822. ROPOSED CHURCH or CHAPEL, in the PARISH of WHITWICK, in the COUNTY of LEICESTER. THE above measure (the particulars of which have been sufficiently detailed to the Public before) has been suspended from the difficulties that have occurred respect jug the proposed Site ; but these through the aids afforded, And to be afforded, by " His Majesty's;Commissioners appointed under the Act for the Building and promoting the Building of Additional Churches are now on the eve of being removed : did there is every prospect of the Buildings being begun tery tally in the ensuing Spring. There is yet, however, notwith standing a •gFant of Four Hundred Pounds from the Church Iluildin g Society, and the aid of very liberal Contributions, alt stated .below; a want of sufficient Funds for completing the arrangements connected with the intended Edifice ; espe cially as a farther addition of accommodation has been sug gested ; towards which, as well as to an improvement in the elevation, Additional Subscriptions have been given, as will be seen below. The assistance from the Parish itself certainly "x 3 not been what the measure might reasonably have been expected to produce. On the other hand, the peculiar poverty of the parish deserves in fairness to be taken into the account. p • Under ti , -ese circumstances as from its extent, poverty and po- Potation it is conceived that there is not any Parish in Leices tershire (with one exception in the County Town) where a e i _ 'Arch or Chapel is equally wanted,- it is hoped that the No vuility and Gentry of the County, who are well affected to the Fttional Church ; will, in common with the Clergy, assist a 111 ,easure that promises locally to be conducive to its welfare. the sum now wanted is calculated not to exceed Two Hundred Pounds. Subscriptions are received at the Banks of Messrs. Snow and CO ,- 217, Strand, London : and Messrs. Mansfield an d C o. .Leicester. At the Banks in Hinckley, Ashby de la Zouch , Loughborough, and Melton Mowbray ; and by the Rev. F. Alerewether, Cole Orton, near Ashby de la Zouch. Nantes of those who have already Subscribed. Those marked with an ' are Proprietors in the Parish, those ' Wi th t are Occupiers, and those marked with 9 -t- are both Pro prietors and Occupiers. 4 The KING, as Duke of Lancaster - - £lOO 0 0 1 - Sir G. H. Beaumont, Bart. Lay Impropriator of Whitwick - - - - - 56 0 0 .;tDitto . ditto - 2d Subscription 100 0 0 416 Grace the Duke of Rutland, Lord Lieutenant of the County of Leicester - - - Th e lion. and Right Rev. the Lord Bishop of Lin coln . - - - - , 4 %Grl Howe, Gmal Hall - George Moore, Esq., Snarestone The Venerable the Archdeacon of Leicester - „,tThe Rev. F. Merewether, Vicar of Whitwick flie Rev. Dr. Wordsworth, Master of Trinity Col lege, Cambridge - . - . b 5 0 Ditto - - --2 d Supscription 10 10 0 Joshua Watson, Esq., Clapton - - 10 10 0 Ditto - --2 d Supscription 10 10 0 The Rev. li. Way, Toppesfield, Essex - 2 2 0 George Gipps, Esq., at. P. Howletts, Kent - 5 5 0 Sir Frederic Fow - ke, Bart. Lowesby Hall, Leicester shire -- 26 5 0 20 0 0 - 1:► 0 0 - 10 0 0 10 0 0 10 10 0 5 5 0 5 5 0 The Rev. H. H. Norris, Hackney - - J0hn . 4, 0 0, Esq., Crescent, Bridge-street, Black Friars, London . 6 0 11. A. Merewether, Esq., 51, Chancery-lane, London 2 I.` The Rev. H. V. ayley, Sub-Dean of Lincoln 5 5 The Rev. Charles Way, Great Yeldham, Essex 2 2 *The Rev. George Wyatt, Curate of Whitwick 5 5 Mrs. G. Wyatt, Whitwick - - - 1 1 Mrs. Mereweather, Caine, Wilts - - 1 1 The Rev. Robert Wetherell, Newton Longville, Bucks - - - - - 5 5 Robert Sayer, Esq. Halstead, Esq. - - 5 0 John Rowdier, Esq. Eltham, Kent - - 10 0 'The Rev. J. Piddocke, Ashby-de-la-Zouch - 6 5 The Rev. Dr. Madan, Rector of Ibstock - 10 0 'the Rev. Spe_ncer Madan' Curate of Seale - 2 2 'The Rev. W. M'Donal, Vicar of Ashby-de-la-Zooch 1 I 31r. E. B. Knight, Cole Orton - - 1 1 'Thomas Pares, Esq. Hopwell Hall, Derbyshire 10 10 The Rev. H. Walter, Fellow of St, John's, Cambridge 5 5 William Jones, Esq. Ringwood, Hants - 1 1 The Rev. J. Walton, Rector of Birbrook, Essex 5 0 The Rev. Dr. Hawes, Salisbury - - 1 1 The Rev. Dr. Hardy, Rector of Loughborough 5 0 Richard Cheslyn, Esq. Langley Priory - 2 2 The Rev. W. Madan, Vicar of Polesworth - 2 2 The Rev. T. Buckley, Curate of Kegworth - 1 1 The Rev. R. Roberts, Vicar of Haverhill, Suffolk 2 0 Th e Rev. E. W. Estcourt, Rector of Newton, Glou cestershire - - . - 1 1 Raker Morell, Esq. St. Giles, Oxford - 2. 2 The Rev. Dr. Lloyd, Appleby - - 2 0 The Rev. T. Adnutt, Rector of Croft - - 2 2 ,‘jrs. Abney, Ashby-de-la-Zouch - - I I ehe Rev. T. Slade, Vicar of Austrey 2 2 The Rev. R. Marriott, Reetor of Cottesbach The Rev. W. Cleaver, Rector of Waulip - The Rev. T. Rose, Vicar of Rothley - .ii r G eo rge Crewe, Bart. Caulke Abbey 5 5 - ,Wm. Dewes, Esq. Ashby-de-la-Zouch - 1 1 n obcrt Greene Creswell, Esq. Ravenstone - 2 2 . 11 ,,„. E. Cresswell, Esq. ditto 1 1 The Rev. M. Babington, Minister of the Forest ,Chapel - - - - - 2 2 0 The Rev. W, Easton, Vicar of Barrow-upon-Soar 5 0 0 •.,., ~1---- Piper, Esq. Breedon Lodge - - 5 5 0 -niss Cresswell, Ravenstone - - - 1 1 0 5 5 10 U 20 ...L, 1.1, Gila 6n./ 1... * Min C. Cresswell, ditto - . - I 1 0 fir C. T. Palmer, Bart. Wanlip Hall - '2 2 0 , e - tMr. Grundy, Swannington - 5 5 0 - „l'Mr. E. liandford, Thringstone - 1 0 0 - +slr. R. Cox - ditto - - 1 0 0 The Rev. C. Allsopp, Vicar of Sheepshcad - 2 2 0 The Res'. T. Prior, Ashby-de-la-Zouch 2 2 0 The Rev. A. Hobart, Rector Walton on the Wolds 5 0 0 ~l'he Rev. T. Jones, Rector of Appleby - 2 0 0 11 -eY. T. Dalby, Vicar of Castle Donington 1 0 0 Robert Cresswell, Esq. Ravenstone - 2 2 2 Ldward Green, Esq. Odstone Hill - 2 0 0 11. Horton, Esq : London - . - 10 10 0 r. Joshua Harrison, Leicester - - 1 1 0 Clement Winstanley, Esq. Braunstone - ll 0 0 Anonymous, by the Rev. C. Chew, Vicar of Lockington 2 0 0 '' * The Rev. T. Selwyn, Master of Wigston's Hospital 5 5 0 ` the Darby, Tamworth - - - 0 5 0 The Rev. T. Bosvile, Castle Donington -. 10 0 0 :1' he R e y. Dr. Valpey, Reading Bucks - 1 1 0 The Rev. N. Morgan, Rector of Rearsby - 2 2 0 -4,8 - Barker, Clare Priory, Suffolk - 1 1 0 Mrs. Conyers, ditto ditto - - 1 1 0 )„Irs. Way, Spencer Farm, Essex - _ - 1 1 0 Aliss ' Way, ditto ditto - - - 1 1 0 .---. FOR COLDS, COUGHS, ASTHNIAS, &c. .TIM' PECTORAL ELIXIR. Experience during a very long period, has incontestibly proved flit sup er ior e ffi cacy of this Medicine, in all cases of Colds, „ l'oughs, and Asthmatic Affections. By promoting gentle "I , ecturation, it very shortly relieves the Patient of a slight or r e c e nt Cold, and a few doses are gene rally sufficient to 'eilecive those which negl ect has rendered more confirmed and o bstinate, and which are accompanied with Cough, Spitting ''f Blood, and other serious symptoms. Its peculiar balsamic Powers tend to heal sureness , and allay the irritation of the ngs in cases of Cough ; and in Asthmatic Affections it as 'sits and gives freedom to the Breath. ' Sold -in Bottles, 'at is. 1 and 2s. Pd. by Butler's Che ";4ls, 4, Cheapside, St. l'aul's, and 22(1, Regent-street, (near 4 1. ee Argyle Rooms), London ; 10, Waterloo-place, Ediu turgh ; 34 Saeliville-street, Dublin ; and by the principal Medicine Venders throughout the United Kingdom. N.B.—Be careful to ask for Butler's Pectoral Elixir, and -, 0 observe the Government Stamp has the words " Butler, 4, e brapside," engraved on it. TUESDAY, DECEMBER 24, (1 C OUNTY FIRE OFFICE, AND PROVIDENT LIFE OFFICE, REGENT - STREET, LONDON, Established in 1806. P r RESIDENT AND TRUSTEES. The DUKE of NORFOLK, The DUKE of ,ILTTLAND, The MARQUESS of NORTHAMP'T'ON, EARL GREY, LORD BRAYBROOKE. LORI) KING, &c. &c. &c. DIRECTORS. Sir Henry Pynn, James Sedgwick, Hon. Washington Shirley, Walter Strickland, Esq. Sir W. E. Welby, Bart. Sir Robert Wilson, M.P. &c. ,fie. &c. Managing Director, .T. T. Barber Beaumont, Esq. F.A S. JAIPORTANT BENEFITS REALIZED. Capitals—A Miiiion Sterling, and upwards. All Insured Share Profits equally. Exemptivi from Liability for Losses. Claims paid ittilitedialely, and in full, tofonrteen-Iffindred Sufferers, without a single Litigation. Returns of 25 and 20 per Cent, paid invariably; £36,000 returned in the last eight years. Bonuses of £l3 Ss, and 1:?6 12s per Cent. paid on Life Policies. Lord Nortbwiek. Francis Const, Esq. Sir John Doyle, K.B. Robert. Downie, Esq. M.P. Sir S.B.Nlorland.Bart. M.P. William Praed, Esq. _ _ MORRISON'S PRESERVED PORTABLE TURTLE, Sent in Jars, (hermetically sealed) to any part of the World, and warranted to retain its good qualities for years. 91111 E TURTLE in these Jars consists of the JIL- prime parts of the Fish, killed in the West Indies, when in the highest health and condition, and will be found to excel in riclmess and flavour, the produce of the half-starved Animal, hitherto used in this Country, after a voyage of several months. ... The TURTLE Will also be found infinitely cheaper than that sold by the great Dealers, not merely from the obvious dif ference in price, but from its consisting of nothing but pure Turtle, and no such refuse as White Meat, Tripe, or Liver. To Families residing in the Country, and to Hotel and Tavern Keepers, this TURTLE cannot but be a great con. venience, as affording, at almost instant notice, the necessary supply of exquisite Soup, without the waste and loss attendant on dressing a whole Turtle. Certificates of its excellence from Personages of the highest distinction and best taste may be seen ; but a single trial is requested in preference, as more certain of insuring appro bation. _ . To be had Dressed or Undressed, at the rate of 10s. per Quart Dressed, sor I2s, 6d. per Quart Undressed ; which last makes nearly three times its own quantity of the former. The Dressed requires only to be warmed up, and with the Un dressed a Receipt will be given, by which any Cook may make it into excellent Soup. . • N. B.—A liberal discount allowed to those who purchase to Dress, and Sell again to Customers, takin a certain quantity. F OR READY MONEY ONLY. WAREHOUSE, 3, CHARLOTTE ROW, MANSION HOUSE, LONDON; WHERE MAY BE HAD Portable Soups of all kinds, Dressed Meats, Fresh Salmon, Vegetables, &c. BRAMAH'S - PATENT PORTABLE PENS. AVery inferior Imitation of this Popular and Useful Invention having been introduced for Pul,lic Sale, .1. BRAMAH and SON, respectfully announce that every Packet of their Genuine Pens is inclosed in a Paper stamped with a fac simile of the Signature of the Inventor JOSEPH 13RANIAI - I." The Patett Portable Pens continuelo be Sold at the Ori.. ginal Warehouse, 124, PICCADILLY; and by most respeit able Stationers. N. B.—The Prices have been lately reduced. This Day was published, I❑ Three Volumes, Octavo, price 365. The Third Edition, of T HE LIFE of the Right Honourable WIL LIAM PIT!'. By GEORGE TOMLINE, D.D. Lord Bishop of WIN- CHESTER. . Printed for John Min ray, Albemarle-street. LAW INTELLIGENCE. COURT OF CHANCERY, Dcc. 23. EARL GROSVENOR V. MATHER AND CO. Mr. D. F. JONES stated that this case was brought before the Court, in order that his Lordship might assign the terms of the issues which he had directed to be tried. The suit had arisen out of the misconduct of a gentleman whose name could not now be mentioned by the members of the profession without sensations of pain and regret. Mr. Abraham Moore, the gen tleman to whom he alluded, as the agent or Lord Grosvenor, had entered into several contracts with essrs. Mather and Co. for the delivery of certain quantities of lead, at prices then agreed upon, from the estate of the Noble Lord, with stipulations that the Noble Jord should forfeit certain penalties if the lead should not b 3 delivered within a specified time. When the defalcations of Mr. Moore were discovered, Lord Grosve nor, for the first time, became acquainted with the con tracts, and was . disposed and advised to resist their per formance. There were in all five contracts, and on the first four Messrs. Mather neglected to sue, but sued Lord Grosvenor for all the forfeitures on the non-performance of the fifth. Lord Grosvenor resisted the performance on the ground of impossibility, because the quantity , of 4ead to be delivered was more than the. mines . produceit. and that the defendants, from the vicinity of their establishments, must have known this ; also because the conditions were disadvan tageous, inasmuch as the price was far below that of the mar ket ; and farther, that in such singular contracts, the defend ants were bound to have consulted Lord Grosvenor as the prin cipal, more particularly as the conditions of the first and second contracts had not been complied with when they signed the three others. The defendants had prepared forty-four issues. —On the part of Lord Grosvenor, he applied for the Court's direction. The single question was, whether the contracts were made bona fide with Mr. Moore, as the agent of Lord Grosvenor, or whether they were not made under such knowledge as would defeat them. If they went to trial only on the terms of the con tract, the attention of the .Jury- would not be drawn to this question. It had been thought proper that there should be a general question of contract or no contract, and to that question the various circumstances he had mentioned would furnish the proper media of proof, and the conscience of the Court would beinformed of the collateral points. The circumstances of the consideration of the original contract would be shut out on the issues prepared by the defendants. Ile hoped that his Lord ship would give directions for such an issue. Lord Grosvenor neither desired, nor would he permit, one shilling to be lost by any one who had a just claim upon him, but against the exor bitant and unfair stipulations of these contracts he felt it his_ duty to resist. The ATTORNEY-GENERAL WI the same side. Mr. LIT TL EDALE, for the defendants, was very ready to comply with his Lordship's direetions. It had been thought necessary to get out all the contracts, as some of them were founded on papers and correspondence which referred to other correspondence. lie submitted that he ought not to be tied down to the specific terms upon which his clients sought to esta blish the contracts. The LORD CHANCELLOR—You had better frame your issues in the largest and most comprehensive view in which you are desirous of alleging the contracts to have been made. The Jury will then be able to find whether Mr. Moore entered into that contract or not, and if he did not, into what part of it he en tered, and whether he did so in good faith as the agent of Lord Grosvenor. The Jury may also be at liberty to endorse special matter on pOstea. Mr. LIT TLEDALE suggested that that there should also be an issue of quantum dam:Om-his. The Loin) CHANCELLOR.—Let the Jury find at the same time the damages, and I will attend to that point afters-arils. Frame your issues and hand them up to me and I will settle them. Tu be published early in the ensuing Summer, For 1823-4, piGoT and CO.'s LONDON and PRO VINCIAL DIRECTORY, which will contain an im proved New Edition of the Metrnpo and all the Towns and Villages within 19 Miles of it ; also upwards of 800 Cf. tits, Towns, and Sea-ports, not comprised in their last Di rectory. This elaborate Work will contain a more comprehensive mass of commercial information than ever before appeared fhe Public are most respectfully informed, that the Agents are now collecting the Names in London and the Country for insertion, for which no charge is made, nor is any money received from Subscribers till the Work be published. Officts-24, Basing-lane, removed from St. Swithin's-lane, London ; and 16, Fountain-street, Manchester, Just published, By R. Ackermann, London, price 125., FORGET ME NOT ; or, Annual Pocket Chronicle, to serve as a Token of Friendship or Affec tion at the approaching Season ; with 13 highly finished En parings by Agar; containing interesting Tales and PorZry, a Chronicle of remarkable Events, a Genealogy of the rei:m ing Sovereigns and their Families, a List of the Ambassadors at the different Courts, and a variety of other useful articles of reference. 18mo. pp. 391; neatly bound, gilt, and in a case. _ Vol. H. of RUSSIA, being Part of the Sixth Division of THE WORLD IN MINIATURE, of which have already appeared : ILLYRIA and DALMATIA, 2 vols. 34 Coloured Plates, price Its. WESTERN AFRICA, 4 vols. 47 coloured Plates, price 11.1 s. TURKEY, 6 cols. 73 coloured Plates, price 21. 2s. HINDOOSTAN, 6 vols. 103 coloured Plates, price 21. Bs. PERSIA, 3 vols. with 30 coloured Plates, price 16s. 6d. THE ASTRO-CHRONOMETER, or Planisphere of the most important Northern Constellations, with Illustrations, price 10s. 6d. Also, a great Variety of Useful, Instructive, and Enter taining WORKS, GAMES, &c. &c. CITY ELECTIONS. At the close of the day's poll yesterday, in the two contested Wards, the numbers stood as fol- lows : BASSISHAW WA RD.—Four Members. *Mr. Wiguelin - 32 Mr. Frisby - - Mr. Hughes - - 32 Mr. Britten Mr. Lester - - 30 CRIPPLEGATE•WITHIN.—Eight Members. ,Mr. Waterhouse - 38 Mr. Kin - - - "Mr. Forsyth - - 36 *Mr. Thorogood - - Mr. Jowers - - 35 Mr. Heron I‘ , lr. Field - - 35 Mr. Valiance - - 34 Those marked thus' The poll will final] Mr. Capel - - Mr. Eicke - - " are new Candidate& ly close this evening. An elegant monument has recently been erected In the parish church of \Volsingham, to the memory of the Rev. PETER lONN, late Ourate of the parish, and for 38 years Master of the Grammar School there. The design and execu tion do great credit to the sculptor, 11r. Davis, of Newcastle. The expence of the monument was defrayed by the contribu tions of the pupils of Mr. lonn, who might truly be said to be their revered master. NEWTON V. STANIFORTH. Mr. Hon et applied to have the injunction granted in this case dissolved. Mr. Newton was only a nominal plaintiff, the real suitors being Messrs. Beatson, his agents. Mr. New tiki bad signed a charter-party with the Capfagi of the Urania ship belonging to the defendants) at Quebec; for the convey ance of °s a full and complete cargo" of timber, the size and quality being regularly specified, to England. The timber was not enough for a complete lading, and Mr. Newton ob tained other freights at a higher rate than he had bargained for. The timber was consigned to Messrs. Brockindale and Co. ; the other goods to the several consignees, after paying the freight. The conditions of the charter-party were to pay down halt in money and the other halfin good bills. The port dues were to be paid by the defendants : but Messrs. Beatson, wishing to take possession of the cargo, paid the port dues, and had since brought an action against the defendants to recover them. The defendants claimed the freight, took possession of the cargo, and proceeded to deliver out the goods. An injunction was ob tained in the name of Mr. Newton, and the aditional freight was claimed for him by Messrs. Beatson and Co. On what pretence Mr. Newton was to have the freight, the defendants could not understand, as they strictly fulfilled all the terms of the charter-party. It was not known that he did really intend to claim it, though his name had been used in the suit.— It seemed more like ,an attempt, under the guise of seek ing -a remedy in the Court, to injure the defendants as mer chants and destroy their credit. lie complained of the asper sion which had been cast upon his clients by the assertion in the affidavits, that the petitioners believed the defendants to be in an insolvent state. It was true that one of his clients had been borne down by adverse circumstances, and that he had been brought to compromise with his creditors ; but those creditors had all expressed their satisfaction at the conduct of the gen tleman. This took place in 1319. He had since that period entered into partnership - with a Mr. Gosling, a gentleman of unimpeachable credit and good substance. lie deprecated the use which had been made of the former circumstance to wound the feelings and prejudice the interests of a firm of mercantile gentlemen of as great respectability as any which had ever been brought under the observation of the Court. As the injunction had been granted under the rash and improper allegation of in solvency, he hoped the Court would immediately dissolve it. Mr. STEPHEN s followed on the same side. Mr. KNIGHT contended that the plaintiff had hired the ca pacity of the vessel, and was, to all intents and purposes, in the situation of owner, as far as it regarded the lading and the owners of the goods. He wondered at the arrogance of the de fendants in resisting an ordinary form of proceeding, because the course of jqstice made it necessary to call in question the solvency of their firm. Mr. lionsiE replied. The Loan CHANCELLOR said, that he had conversed with the Vice-Chancellor upon the subject of this injunction, and it appeared that his Honour was not rightly understood. He had not refused the injunction because the sum was too small to he an object for the treatment of a Court of Equity, but on the ground that it would be quite enough to give the parties notice of motion for the next seal. With respect to the case itself, his Lordship had granted the injunction on the ground ofalleged in solvency. Great care was necessary in stating such a circum stance. on account of the serious effects which it was calculated to produce upon the characters, credit, and property of the parties charged with it, as well of commercial men and commercial pro perty. The Court generally felt itself bound to give such an alle gation immediate attention, not because insolvency was in itself an offence, or to be considered disgraceful (consequences which must depend upon the circumstances of the case), hut for the security of any property belonging to others, which might be im properly left in the power of the parties. But the Court would seriously resent any wrong allegations of insolvency—not only on behalf of the injured parties, but because of the danger of its being led into the commission of an injury. It appeared that one of the firm of Staniforth and Co. had been insolvent, and compromised with his creditors: but he was now in another partnership which, for all that appeared to the contrary, was possessed of good property, and the credit of which was not suspected. The injunction had been granted on the ground of insolvency alone, and could not have been obtained upon any other grounds. It must therefore be discharged with costs. VICE-CHANCELLOR'S COURT, DEC. 23. EX-PARTE SHAW, IN THE MATTER OF HOWARD AND GIBBS. Mr. oRNE ' for the assignees, said he was now ready to pay the money into Court in pursuance to the order, relative to the messenger Bowen. The VICE-CHANCELLOR asked if some deductions were not claimed from the gross amount. Mr. IlonNE replied in the affirmative. Mr. MONTAGUE expreised his desire to settle the matter by a legal proceeding. lie had no objection that the money simuld be paid into Court, subject tt deductions under the present commission. The VICE-CHANCELLOR directed that the money should be paid into Couri. There would be no objection to an amount being taken as to the second commission. Aft.. Hoot NE was desirous of referring the whole matter to Mr. Cooke to save legal expences. Mr. 31 orrrAouE would not consent. He had many rea sons against it. 822. PRACTICE OF THE COURT. The first of the bankrupt petitions having been called on, " Expartc Bird in the matter of Stanton," Mr. HORNE, the leading Counsel in the case, was not in Court. On a former day an application had been made to the Court to allow this petition to stand first on the list. The solicitor, on whose be- half the application was made, was now called upon for his affidavit, to shew that previous notice had b-.-:en given to the other side. It appeared, however, that no such notice was given until subsequent to the motion being made. The VICE-CHANCELLOR wished ,every solicitor to under stand that he would entertain no motion to advance any peti tion or cause, unless previous notice of the intention to make that application were given to the other side. If such notice were not served, the application would be cx parte, and directly contrary to the practice of the Court. In future he should listen to no application to advance a cause, unless an affidavit were produced, chewing that such previous notice had been given. COURT OF KING'S BENCH, DEC. 23. TILE XING Z. BARER. This was an indictment against the defendant for a nuisance, in carrying away and couverting to his own use the soil of a certain public highway, called Union-street, in the parish of Stepney. Mr. MARRYATT and Mr. CHITTY conducted the prosecu tion ; and the COMMON SERJEANT and Mr. PARKE the defence. The place in question, which formed a sort of cal de sac, had been dedicated by the respective owners of the adjacent lands, to each other, and to the public. The road led to a .Jewish burying-ground, and to the lands of the defendant, who was a brick-maker. It was alleged by Mr. Alexander, the Hebrew printer, and prosecutor on this occasion, that the defendant had dug up the soil of the road, and carted it away for the purpose of making bricks, and thereby almost destroyed it as a road. This was denied by several witnesses, who proved that the defendant had merely removed mud, and emptied the water out of holes in the road, and filled the same with hard materials, and had done every thing in his power to improve the road, and make it passable. The case went to the Jury under the directions of the Learned Judge, and they immediately found the defendant Not Gailty. FENWICK v. MORTRAM. The plaintiff sought by this action to recover of Mr. Mor tram, who was employed by Sir W. Congreve to conduct the fireworks in Hyde Park, on the evening of the Coronation, the sum of 50/. for the assistance which he rendered to him an that occasion. The defendant paid 111. 10s. into Court. It appeared that Mr. Fenwick was at work on the spot from Monday morning till Thursday, at an early hour in the morn ing till late periods in the evening. The materials for the fireworks were supplied from the Ordnance, and Mr. Mor tram received 3501. from Government for arranging them. A witness named John Cousins, who had formerly worked with the defendant, was called to prove a specific agreement that the plaintiff should have 501. for his labour. He swore that Mr. !lortram, jun. entreated Mr. Fenwick to assist, as " it was a good job, as all Government jobs were," and finally consented to give SOL for his services. Other witnesses des cribed the plaintiff as " an artist in fireworks," and gave their opinion that, as he had quit his business, 50/. was a moderate recompense. One of his witnesses, however, thought two guineas a day would be an ample reward. For the defendant, Mr. Mortram, jun. was called, who posi tively denied that there was the least foundation for the con tract alleged and•swore that he employed the plaintiff as a com mon labourer. Mr. Southby, 'the director of the fireworks at Vauxhall, and Mr. Winterborn, swore that two guineas a day was pay which they themselves would have been happy to re ceive. ___ • __ The LORD CHIEF JUSTICE left the Jury to decide—first, whether a contract was made for the payment of NI. ; and if they disbelieve this, then whether the sum paid into Court was not a sufficient compensation for the plaintiff's exertions. The Jury immediately tbund a verdict for the defendant. FROLICS v. crtAwroaD! This was an action by a fashionable tailor, to recover the amount of a bill, being about 301. for clothes delivered to the defendant's order. The defendant pleaded, first, the general issue, and second, that he, was an infant under the age of 21 at the time the debt was contracted. The Commom SERJEANT and Mr. ABRAHAM were for the plaintiff; and Mr. ADAM and Mr. CHITTY were for the de fendant. It appeared that the debt in question was incurred by the de. fendant in the space of four months, when he was of the age of sixteen and a half, and whilst he was a student in HeatOrd College. One item in the account was for a cloak, which the defendant ordered for a young woman whom he was pleased to call his sister, residing at No. 32, London-street. NI Ith the exception of the latter article, it was contended that these were necessaries suitable to the defendant's condition in life, and for which he was liable, notwithstanding his infancy. The defence set up was, that the articles in question were not necessaries, inasmuch -as the defendant's father, a respectable gentleman, had supplied him during the same year in which this debt was incurred, with every requisite article of clothing, and that his tailor's bill during the same year amounted to GU, and consequently, that the defendant could not be liable. The defendant had no separate fortune of his own, and had since gone to India. These facts were proved by the father. In reply it was insisted, that as the goods sold to the defend. ant were suitable to his condition in life, the plaintiff was en titled to recover. The LORD CHIEF JUSTICE left the case to the Jury, under all its circmstances, upon the issue, whether there were neces saries suitable to the defendant's condition in life, suggesting to them the wisdom of that law which protects infants from their own extravagance, rendering them liable only where the credit was given for necessaries suitable to the condition in life of the party. The Jury found their verdict for the defendant. The CHIEF JUSTICE said he thought the verdict of the Jury was highly crecitable to their personal character, consi dering that some of them might possibly be of the same trade with the plaintiff. CLARIDGE V. CRAWFORD. This was an action by a bootrnaker, in Bond -street, against the same defendant. The C031310N SE RJEAN T withdrew the record. _ _ _ _ . _ _ Here the Middlesex sittings ended, the Court having disposed of all the common and special jury causes in the paper. The LORD CH I El J USTICE complimented the Jury, in high terms, on the punctuality of their attendance, and on the attention and intelligence they had shown in the discharge of their important duties. COURT OF COMMON PLEAS, DEC. 23. GRIMSTEAD V. HOWAUD AND GIBUS. Mr. Serjeant LENS stated this case to the Jury. It was an issue directed by his Honour the Vice-aancAlor to try whe ther the plaintiff was or not a good and bona fide creditor of the defendants' estate. The plaintiff had become through the agency of the defendants, a purchaser of annuities to the amount of above 45,000/., and had besides advanced to Howard and Gibbs another suns exceeding 30,0001.f0r thesanie purnose,which Mr. Gibbs had appropriated to his own use, or the immediate necessities of the firm. James Gibbs had been a partner 4n the house of Howard and Gibbs, of Cork-street, Burlington-gar dens. The first annuity purchased by the plaintiff was one from Lord James Murray, the principal part of which was paid in September 1818, at seen years' purchase ; the interest was 141. :is. from which insurance was to be deducted. An other annuity was soon afterwards purchased by the plaintiff from Lord Sefton of 3001. in consideration of 3,000/. ; that annuity continued. till 1818 ; when Howard and, Gibbs. re ceived the annuities they paid them over to the plaintiff, after \ I deducting their commission. " ' he next was an annuity of a Mr. Sydenham of 2001. per arms n, in consideration of 1,2001.; that was stints existence. The p s'istiff continued to be paid ' until the bankruptcy in 1821 ; the next was an anhuity of a Mr. Benson, but that did not appear on witness's books, as the plaintiff attended to it himself, the consideration was 4,9001. the annuity 7001. ; it was purchased for seven years, but .paid off before the bankruptcy ; the next was an am u . ty of Mr. Long Wellesley's, it was first granted to another person, and afterwards assigned to the plaintiff in September, 1819, and the consideration was 2,0271. Ils. 9d. for seven years' purchase, t was now in existence, but did not continue to be paid ; the next was an annuity of Lord Wallscourt's, which was also graLted to aainher person, but subsequently assigned to the plaintiff, the consideration was 2,7471. fur 7 years' purchase ; the ntx; PRICE SEy.ENPENCE. was granted by Mr. Beckford, in May, 1819, the consideration was 1,0881. the annuity 1361. ;.the next was an annuity of Mr. Udney, the consideration 3,2001., the annuity 4001. it was purchased in June 1819 • the next was an annuity of the Rev. Mr. Struth 1501.;the consideration 1,0501. ; there was a second of Lord J. Murray's of 3001., the consideration 2,1001.; and a third, of 1501., for 1.000 guineas ; the next was an an_ nuity of Mr. J. Payne of 3501., the consideration 2,4501., that was still in existence ; there was another of the, same party of 3501., the consideration 2,4501. ; the next was an annuity of Count Linsingen of 1191., the consideration 1,1001. ; the next was an annuity of the late Duke of Kent of 614 h, the consideration 4,2001. ; the next was an annuity of Sir D. B. Urban's of 4001., the consideration 2,8001., and another annuity of 2601. ; the next was an annuity of Lord C. Fitz roy's of 3301., the consideration 2,6401. ; the gross amount of all these was 44,1251. ss. 2d., and all these were real trans actions. Witness never applied to the plaintiff for money, ex.: cept to invest in the purchase of annuities • at different times the plaintiff had lent money to witness to the amount of above 30,0001., all of which he believed was invested in annuities ; witness always told him it was ; the house had ample property, but money not coming in as fast as it was required, witness had appropriated the plaintiff's money to the immediate necessities of the firm, which was from the year 1817, under engagements for the annual payment of 120,0001; on the 9th of October, 1819, the plaintiff's pass book was made up, and the balance really in favour. of the plaintiff was 14,3191. 2s. 4d. ; to reduce that ba- . lance, witness made fictitious entries of annuities and names of annuitants, so ask) make it but 4191. 2s. 4d. Another settle ment of the account took place in May, 1820, when witness again made ficticious entries for the same purpose ; in Novem ber. 1820. the balance really in favour of the plaintiff was 36,8771. 10s. Mr. Reinond4 went into the employment of Froward and Gibbs in September, 1819 ; he deposed to making up the ac.l counts alluded to by Mr. Gibbs, and that the erasures were not there when he made them up. The SOLICITOR GENETTAT., for the defendant, said there was a conspiracy to defeat the claims of bona fide creditors, whose only support had been wasted and destroyed by the gross mis management of Gibbs, for Mr. Howard, at the time of the failure, actually believed himself possessed of very extensive property. Gibbs had represented himself in his evidence to have acted fraudulently towards Grimstead. His case rested on fraud and deceit, but it had been well observed, and he (the Solicitor-General) should use the argument here, that if a man represented himself to have acted infamously, the question would ' be whether he had so acted, or was so acting at the time by mak ing the statement of his infamy for a particular and fraudulent purpose ? Several letters from Portea, a conveyancer, to Gibbs, dated March 1821, were read, in which he desired Gibbs to arrange, so as to postpone the meeting for the choice of assignees, until, the plaintiff could arrive from France. A letter from Gibbs to the plaintiff, dated Oct. 9, 1819, was read, in which the balance was stated to be 4191. 2s. 4d. A letter of Rimondl was also read, in which lie stated his willingness to do any thing to assist Gibbs, and promised •to attend the office as clerk to the commission. The pass-book was produced, and Mr. Richard Adam, the accountant, proved that he had ascertained the amount of the annuities received up to May, 1819; by that account, 2,3501. 6s. Bd. was the balance up to that time, when a bill to that amount was given to the plaintiff; and subsequently paid. Mr. Ambrose Humphries deposed, that a Mr. Wilson, a client of his, had purchased an estate of Mr. Howard and Mr. Gibbs, and the plaintiff had been present at some of the inter views for the purchase, r.:nd requested that a part of the pur chase-money should a, paid to Grimstead in liquidation of his debt. Serjeant LENS replied, and contended that the books which had been produced supported Gibb's evidence, and be ing documents created at the' time when nothing of this kind was expected, cleanly and indubitably proved the truth of his statement. Lord Chief JuStice DALLAS charged the Jury, who retired at half-past seven o'clock, and after half an hour's deliberation returned a verdict for the defendant. IRELAND. ( From the Dublin Morning Post of Saturday.) ATTACK ON THE LORD LIEUTENANT. GENERAL MEETING AT THE EXCHANGE. Yesterday one of the most numerous and re. spectable Meetings that we recollect ever to have taken place in the City of Dublin, was held at the Royal Exchange, pursuant to Requisition to the Right Hon. the Loan MAnott, for the purpose of addressing his Excellency, the LORD Lt ENAN T on the occasion of his first visit to the Theatre Royal.—Each individual participated in the general sensation of abhorrence excited by the disgraceful attack on the King's Representative. A few minutes after twelve o'clock the Loan MAYon entered the Exchange, and took the Chair amid the acclamations of the Meeting. Sir F. Flood, Mr. llugh O'Connor, Sir Charles Morgan, Lord Cloncurry, Mr. O'Connell, Mr. henry Grattan, the Duke of Leinster, Mr. Shell, and several other Gentlemen, addressed the meeting, and all united in expressing their utmost abhor rence of the shameful outrage. The following Resolutions were then passed, and a Committee appointed to prepare a suit able Address, and to present it to his Excellency :- 1. Resolved—That we contemplate with disgust and abhor rence the late atrocious attack committed on his Excellency the Lord Lieutenant,—an attack not limited to mere insult and affront, but aimed, with audacious brutality, at his very life. 2. Resolved—That though the detected aggressors in this scandalous outrage might appear contemptible, we trace, with regret and alarm, in e indecent expressions and the printed placards that accompanied their daring conduct, a premeditated attempt, by awe and terror, to controul that liberal and concili ating policy that has been recommended by our gracious So vereign, and so generously adopted by his present illustrious Representative. 3. Resolved—That an Address be presented to his Excel lency the Lord Lieutenant, warmly expressive of our congratu lations at his happy escape, from the late impending danger, our high sense of the benevolence, energy, and wisdom that have marked his conduct in the administration of the UoVern ment committed to his charge, and our full assurance that the Constitution of that enlightened system will tend to promote the peace, the happiness, and the security of this country. 4. Resolved—That a Committee of twenty.or.e be now ap pointed to prepare an Address to his Excellency, pursuant to the foregoing Resolutions, and to report the same forthwith to . this Assembly. 5. Resolved—That we cannot suppress the expression of our sorrow and regret at the criminal apathy and neglect that was evinced during the late disturbance by some of the subordinate members of the Established Police and our satisfaction at finding that this conduct has been marked by prompt and signal punishment. 6. Resolved—That our most particular thanks are thie, and hereby given to Edward S. Johnston, Esq., the Private Secre tary of his Excellency, for the activity, manly spirit, and per sonal courage which distinguished the entire of his conduct, and produced such beneficial effect during the late tumult and riot. 7. Resolved—That the Address now prepared by the Com mittee, be adopted as the Address of the Meeting, and that the Itight llon. the Lord Mayor be requested to present the same in the most prompt and respectful manner to hie Excellency. 8. Resolved—That the Lord Mayor do now quit the Chair,_ and that his Grace the Duke of Leinster do take the same. 9. Resolved—That the thanks of this 3leetingetre hereby re., turned to our Worthy and spirited Lord Mayor. We beg him to be assured how sensible we are of the resolute spirit,' and liberal line of conduct which has marked the commencement of his career in office ; and lie may rest convinced that, by a con e tinuance of the same, he not only deserve the praise, and command the support, of the virtuous portion of .fellew citizens, but will thereby most effectually carry into effect the peternal wishes of his Majesty, and obtain his ample and eor-, dial commendation. When the Meeting broke up. the Lord Mayor, accompanied by several respectable (iv - elem.-re immediately waited en the Lord Lieutenant, ivho received them eith the greatest kindness • and condescension. rue tat• Dore .5 o_l 0 6 , . 5 Oa sacii s oa s sa s 6 6 06 ;s 01 4 0 0 , oa Bar• Hof DO' Ids A 325; ackr s 0 1 46t L 41. 16g ' s s 0 0 ;11-' od, —s * cant ,s od od otis 4d o 3 61.1 )at, Sou , ou 04 , o 4 5 cat ~~~ J . Or: o' 0 0 ; Po o ft or