The Sun. — London, England, 1822-11-26 00:00:00

THE LONDON . JOURNALS. EXTRACTS FROM THE n Lir MORNING PAPERS : November 26„ 1822. [MORNING CHRONICLE.] It appears from a letter from Madrid, that the Spaniards are displaying a spirit and energy suit able to the occasion. We are glad to see that waste lands are about to be divided among the indigent part of the population. By this means the mass of industry and prosperity will be in creased, and, numbers will be ready to defend the Institutions to which they" are indebted for such an advantage.• [NEW TIMES:I The Marquis Wellesley is stated in the Irish Papers to have received his Majesty's gracious approbation of the measures taken to prevent public disturbance on the fourth and fifth instant; and the noble Marquis has in like manner notified his approval of the judgment, firmness, and temper evinced on that occasion by the Lord Mayor of Dublin. It cannot but be highly con ducive to the maintenance of order and harmony throughout the community to see the different authorities in gradation evincing an equal deter mination to maintain the laws, and to discounte nance riot and confusion on whatever pretext. The individuals who_feel their own weight and influence diminished by that which tends to unite and to tranquillize their fellow-subjects, have fallen upon a singular mode of revenging them selves for not having been allowed to disturb the peace of Dublin ; and that is, to declare their hostility against the Union of Ireland with Great Britain ! It would perhaps be cotnplimenting the reasoning of these Gentlemen a little too much to subject it to the process of refutation. [MO RNI NG POST.] Paris Journals to the 24th inst. reached us last night by E A spress. They contain advices from Vienna to the 13th, and from Augsburgh to the 18th inst. according to which the Emperor of Austria and his Consort were not to return to their capital before the end of December.— The intelligence from the same quarter is also highly propitious to the cause of Greece. It is stated that the Greek Deputation had arrived in the neighbourhood of Verona, and that the Pope bad exerted all his influence with the Allied So vereigns to procure it a favourable reception. Stich conduct on the part of the Head of the Catholic Church, in behalf of .a people who pro fess a different faith, is'highly honourable to his Holiness, and shows that humanity has triumph ed over those religious prejudices which had so , long been regarded as invincible. Letters of the ult. from Bitoglia give the pleasing assur ance that the Suliotes, having effected their junc tion with the Greeks, had defeated the Turks, and regained possession of their capital. - . . [MOR.NING LiEItALT] The accounts from, Ireland represent the coun try to be in as quiet a state as could perhaps, ender recent and present circumstances, be rea sonably expected. It appears that the enlarged establishments for preserVing - the public peace press rather heavily in the counties liable to be disturbedand the resident gentlemen of score have addressed the Government, deprecating the increased police expenditure. But. the• Lord Lieutenant judged very,properly that the first consideration was the repression or preiention of crime, and the,preservation of the public tran quillity. If repose, however, prevails, it seems to be—not the repose of nature and con tentment, but rather of misery and panic terror. The mildness of the winter hitherto has been -favourable, but there is still the great hardship—the want of employment for the labouring poor„ who are without any provision for the present season, in which it is always most difficult . ' for them to obtain the op portunity of ,earning a subsistence. In the mean time, looking to the Irish metropolis, one would think that the whole country was in such a state of repose and comfort, that there was neither outrage- nor sufferin-g - to excite the sympathy or the patriotism- of the good citizens of Dublin.— They seem like children or idlers, busying them selves, in very ‘wantonness, with frivolous and Mischievous pastimes. . . [BRITISH PRESS.? An articleof great interest at the present mo ment has appeared in the E toile.. It explains the recent depression in the French Funds to have originated in a rumour of the arrival of a courier from. Madrid, with intelligence that the French Ambassador had been grossly insulted ; to which it was added, that the French Ministers had, in cons'equence., held an extracirdinary• sittinff, in which it was resolved to commence the war without' delay, and that three officers of high rank had received appointMents in the army. To all these particulars it gives a distinct and positive contradiction ; and further asserts, that a rumour of war has not even - the ground of any new. military movement to rest upon, for during a month past no corps of troops has been sent to reinforce the FrenCh army on the frontierS. The tone of this article is decisive, and it is en titled to a more perfect reliance on its commu nications, when we consider the source from which it, is derived. it affords no room to suppOse that p n Aisposi tion whatever to commence hostilities exists . .on the 'part of the French Government. The same journal states, that .so far was the French - Ambassador, or any Foreign Minister, from experiencing insult at Madrid, that a pro position made in the Cortes.for subjecting their -residences to domiciliary visits was rejected, and one of a totally opposite nature adopted in its stead. • [THE TIMES.] The present aspect and character of the Pe ninsula is more than commonly interesting. It has all. along appeared to us, that as the. Spa niards - have behaved towards their King and his .brethren with a degree of maguanimous for bearance, for which there are not many examples in history, so fresh proofs occur from day to day of the predominance of this temperate spirit, whenever a question comes before the Cortex of a critical or irritating nature. When it was proposed to demand - from the French branch of the House of Bourbon a categorical answer on the 'subject of peace or war, we doubt whether a second assembly in Europe would have acted with the same discre= tion as the Cortes, in rejecting at this time so inflammatory but so seductive a proposal. Prac tically, and according to the plain spirit of the law of nations, the French Government has done a great deaf more than would justify—it has in fact superseded the necessity -of such a question. The existing, or late civil war in Catalonia, has been fomented ;, the rebel troops have been ' equipped, and 'armed, and paid, and protected beyond the Spanish frontier. Under these cir cumstances, the Cortes have furnished a signal proof of self-command, equanimity, and, sagacity, by suspending, at least, their assent to the above-mentioned popular motion. But, added to this display of their unwillingness to offer, or even to accept the offered provocation, there are also proofs throughout the country of a spirit which may diminish the chances of war, by exhibiting to an invader the certainty of a formidable resistance. It is impossible to read the accounts of military preparation by the Constitutional Government, of the activity with which its measures are executed, and of the ardour with which they are seconded by the nation, without feeling our hopes, not merely of the issue of a conflict, but of the continuance of peace, materially , augmented and confirmed. The new levies are said to be proceeding rapidly; the orders issued being most severe,and the public func tionaries being every where responsible for their strict and immediate execution. The garrisons and divisions of reserve are to be formed of these recruits, incorporated with the troops not em ployed in field operations towards the frontier. LAW INTaLIGENCE. COURT OF CHANCERY, NOVEMBER 25. ROPER v. WILLIAMS AND OTLLERS. The LORD CHANCELLOR, upon coming into Court, gave judgment in this case. He had carefully read all the affidavits. —The covenants in the indenture between the parties, in 1816, were very ill drawn, if the object in view had been such as the plaintiff stated it now. The buildings were to be 30 feet from the road ; they were to be detached ; and they were to be of the third rate of houses. It was further covenanted, that no work should be done there which' could create a nuisance.— Roper was himself placed under. no obligation to build on the piece of land. which he purchased for 1101. Now, .in . such a case, if there was not active diligence on the part of Roper to prevent any departure from the covenants, a Courtof equity would not interfere. The Obligation must have been ,enforced against all the purchasers to coustitute a ground of interfer ence in a Court of equity. Against 'Williams the only remedy that could be sought was by.an action at law. The buildings erected were, in the Ist place, not 30 feet from the road; in, the. 2d place, they were not detached; and in the third place, they were of 6th, 2d, and 3d.rates. In 1818, a case ,was submitted for the opinion of a Learned 'Counsel whom, he., now saw in Court (Mr. Horne), and the opinion given then was, as - he should have expected, from that Learned Gentleman; extremely right and proper. It was, that.application ought to have been made to a Court of equity the moment the foundation—the first bricks —.. were. Notice was ,served upon the defendant, Bernaud, that the, plaintiff insisted upon the covenant. It was stated that the building. was for. a public-house. A bill was filed six months afterwards. This, then, insttch circumstances, was not a case of equity. If an action at law should be brought against Williams, it would be for the Jury to say what damagea ought to be given. He thought the injunction ought to be dissolved. It-ought to be generally , known that in all cases application must be instantly, and promptly made, otherwise a Court of Equity would not interfere. . ATTOItNEY-GENERAL V.CLEMENVS. Mr. KNIGIIT applied to the Court for leave to have this pe tition restored to the paper. It had foznaerly been ordered to stand over.—Leave granted, , . LEES v. AINSWORTIL—CONTEMPT. Mr. HEALD said his Lordship had ordered that this case should be again mentioned. • Affidavit was now made that the defendant's father. had a large family, and could not, therefore, settle a large fortune on this his youngest son. It was right also to mention, that the bill to make the young lady a ward of Court, had been filed in the name of the defendant's father, but 'without his knowledge. It had been done bythe solicitor, Mr. Chippendale, in whose name the bill had first been drawn. This might bolt, if not explained in this way, very like a trick; hut the father knew nothing of it. The father of the defendant had been sworn worth 40,000/. ; but out of respect for the youngest,son, and considering that his two eldest children were prOvided for, he settled estates on the defendant which were sworn to be worth 8,000/. • . . The LORD CHANCELLOR.—Let it go to the Master to ap prove of the settlement. Mr. WINGFIELD mentioned that application had been made to the Vice-Chancellor to strike the name out of the bill. Mr. HEALD said, that was - as - he had explained it. There was now an affidavit of bans if his Lordship wished to see that. The LORD CHANCELLOR.—Let the Master inquire whe ther they are properly married. Mr. HEALD asked ? whether they should be married again. They kere disposed, if his Lordship wished it./ The LORD CHANCELLOR.--I think it is proper. Mr. 'HEAD said, they would have been married according to the act on the Monday foliowing the time of their marriage. LORD CHOLISIONDELEY V. LORD CLINTON. Mr. HEALD led in this case for the'defendant.'--Margaret Harris, grandmother of George Lord Orford, left certain estates to her daughter, the mother of George LciTd Orford, as tenant for life, with remainder to Lord Orford, who, by a codicil to his will, assigned them to trustees, to be sold, for payment of his debts. Lord Clinton, the father of the present Lord Clinton, gotpossession of them, according to the, plaintiffs, wrongfully; Horatio Lord Orford, according to the plaintiffs, having had the right title to those estates. Mrs. Darner, the plaintiff, claimed them as devisee under the will of Horatio Lord Or ford; and Lord Cholmondeley claimed them as heirat law. The Vice-Chancellor had directed a trial in the King's Bench to as certain the effect of the codicil in giving a power of selling the estates for payment of debts ' • but it never tried. Appli-. cation had been made to his Lordship to amend the bill in order to discoVer the title. A demurrer was then put in on the" grounds of champerty, maintenance, and a pretensive yitle. No great quantity of argument had been used. It had 'come on, however, before the great cause in the Lords, of Lord Chol mondeley and Lord Clinton. This was at present a demurrer entered to a bill of discovery., The bill could not be support ed, because the plaintiffs came under the statue against chain perty (a divivion of lands in suit or action), and maintenance an engagement' to maintain 'a law suit for a share of the sub ject of litigation); or the title was alternative, and therefore not good. Neither of them separately had a clear title, and there fore both together amid not have a clear title, because it was founded on an agreement between them. Mr. PEPyS followed on the same side. It was surprising that his Lordship should be called on there to revise the judg ment. in the Lords. This 'was in fact the very same question which his Lordship and Lord Redesdale decided in the House of Lord 4. kriOtlier Gentleman, whose' name we could not learn, fol lowed. The ATTORNEY-GENERAL appeared for the plaintiffs. He did not conceive that this . case was affected by the judgment of the LOrds. The estates in question were hOnses in Ashbur ton, and the only point before the Lords had been the length of adverse possession. Ejectitents had been brought by sepa rate and joint demises of Mrs. Damer and Lord'Cliolmondeley. A bill of discovery had then been brought in order to establish The Lon]) CHANCELLOR quoted from The report in the Lords the opinion of Lord Redesdale, that if there was an agreement between the parties, they must sue on a beneficial interest or a legal title. Now the assertion was that it was a beneficial interest in Mrs. Darner or Lord Cholmondeley. Lord Redesdale was of opinion that they Could: not 'support a bill in equity without asserting the title. It clearly was in the bill orator or oratrix. He (the Lord Chancellor) now stated this without giving the least hint or opinion of his Own. The ATTORNEY-GENERAL.—The decision in the Lords proceeded on the twenty years' adverse possession. He sub mitted that it was right to have stated the title aaernatively. - Mr. SHAHwELL followed. 'The LORD •CHANCELLOR asked, what were the points argued before the Vice-Chancellor? Mr. SHADWELT. stated them. First, that the proper parties were not before the Court, 'because the four trustees were .not parties secondly, that the titles of the plaintiffs were incor rectly asserted; thirdly, that it was an illegal agreement be tween the plaintiffs. His Lordship would observe, that the bill was brought in in order to enable the plaintiffs to bring an action. There was no pretence here for charging champerty and maintenance.. The Loan CIIANCELLOR.—Was it not the practice to dis miss bills, not merely on proof of champerty or maintenance, but, in he language of his predecessors, because it savoured of champe?ty or maintenance ? At the bar of the Lords it had been boldly stated, that Mrs:Darner had the right and another the money.- Mr. SUADWELE argued that this case did not savour of champerty and maintenance. Mr. SUGDEN followed. They had not dared on the other side to argue upon the legal estate and the adverse possession, because those points would be an answer to their demurrer.— He refrained also from those topics, because Mr. Heald could not advert to them in his reply. If he should, it would be a new matter, and his Lordship would hear them again for the plaintiffs. He denied. that there was adverse possession. , — What was possessed by my '-tenants was possessed by me. .averse payment of rents was nothing. Cham perty, maintenance, and pretensive title, were jumbled together, without any foundation for them. He denied that there could be any objection to the validity of the agreement and compromise of rights. A lawyer of the great est authority, Sir Samuel Romilly, had said that he made no objection to the agreement ; but the objection was, that there was only an allegation. The LORD CnArroELLop..—No man could have greater re spect for the authority of Sir Sarriitel Romilly than he had; but he (the Lord Chancellor) would- have said he did not know what the allegation meant. Lord Redesdale and he had said that the allegation ought to have been proved. At the Bar of the Lords it had been stated that it was not necessary that the tide should stand secundanz allegata et probata, but only sawn dam allegata. His Lordship here read his own observations on.the case in the Lords, and remarked, that he had there given no opinion on the points now argued. He might be slow in his decisions, but he never gave an - opinion which was not called for. Lord Redesdale had done otherwise, for he had pronoun. ced the agreement of the plaintiffs illegal. Here the discussion terminated * and his Lordship rose to leave the Bench. BEER. AND WARD. Mr. WETHERELL asked whether his Lordship would go on with Beer and Ward to-morrow, as Lord Portsmouth's case would not come on ? They had sent their case to the Attorney General, but the other side had not sent theirs. The LORD CHANCELLOR.-1,4 it stand for the next mo tion day—Thursday next. Would . you be able. to go on •to morrow, or are the Gentlemen from the Common Law Courts engaged in the Cambridge election ? Mr. SHADWELL said it Was he who was next to address his Lordship. Mr. HEALD hoped they would not'be prevented from going to Cambridge. The LORD CRANOELLOR.—I 'should be sorry t6' prevent any Gentleman from going to Cambridge, bp it to vote for whom he will.—lt is better to take it on Thursday. VICE-CHANCELLOR'S COURT, Nov.. 25, BRYBON.V. WHITT:FIELD. Mr. HEALD, on the part of the plaintiff, stated that this bill was filed for the specific performance of AD agreement under the following circumstances :—The plaintiff; who. was a dyer resid ing in London, agreed to sell his business to the defendant for a consideration of POW., and' also to communicate a certain secret in the. Art of dying for a further consideration of 1,000/. the plaintiff binding himself not to divulge the secret, or make any use of it, or to carry on the business , of a dyer in London for 20 years. When the deeds of agreement came to be drawn up, the defendant refused to sign them, unless the plaintiff would submit to certain terms which were not originallystated. The plaintiff, under these circumstances, applied to the Court to compel the specific performance of the ,agreement. Mr. BELL, for the' defendant, said, that his client ought not in equity be cbmpelled to perform the agreement, because he had been deceived as to ihe benefits which he expected from it. The plaintiff could not in law bind himself generally not to carry on a trade, and if he were bound only locally, he, might, from the peculiar nature of the business, establish himself at Nor wich, or any 'other place, and - compete with the defendant as effectually in the London market as if he lived in. the metropolis. The VICE-CDANCELLOR was of opinion that a man might bind himself generally from making use of a secret in business - he therefore decreed that the agreement must be carried , into ef fect, and that it be referred to the Master to draw it up. COURT et i ICIXO'S PENCIL, N0v.25. THE KING v. THE PILE-eirAscrumit OF THE UNIVER SITY . 0F: cAMBRIDGE. In a former term, a rule wasiobtained, calling on the Vice_ Chancellor of the University of Cambridge,to show cause why a mandamus should, not issue, commanding to admit Mr. Jeph son to be Professor of. Minendggy in the University, to which office it was alleged that he had been duly elected on the death of Dr. Clarke. , • - " Mr. Serjeant LENS, Mr. LITTLEDALE, and Mr. ALDER SON, showed cause 'Against the rule. Before entering into the great question in dispute between the two parties, relative to :the mode in which the election of Professors should he con ducted, they took two preliminary objections to the pro ceeding by mandanius. First, they • contended that the Professorship was not an office of such a description as would warrant the interference of the Court; and secondly, that even supposing the office, simply considered, was the subject of such a proceeding, the proper course of the applicant was, not to move the Court,'but to appeal to the King as a visitor of the University in Council. On the first point, they argued that the professorship of mineralogy was no office conferring per manent emolument, but merely a title of honour incidentally productive of certain benefits. It was not of ancient date, for it had no existence before it was specially conferred on Dr. .Clarke; nor was there ,any salary which the Professor could claim. Dr. Clarke, indeed, received 1001. a year from his .51a- . jesty, which was granted annually by Parliament, but in which no one could obtain a permanent interest, as it was liable at any time to be discontinued, and, indeed, it was-not improbable that some member of the House of Commons, bent on economy,would insist that it should be withheld. Its profits arose from the volun tary attendance of members of the . University on the lectures of the Professor,for which they gave him a compensation ; but it did not even confer the right of delivering lectures, for Dr. Clarke had lectured before he received the title • and other persons, although doubtless liable to inhibition, had at various times de'' livered lectures without any title or direct sanction. The office, then, was analogous to that of a lecturer of a parish, where there was no endowment or fixed Salary, but the party chosen by the parishioners was compensated by their voluntary subscriptions ; in which case the Court had always refused to interfere. Here, then, there was no lasting interest—no profit essentially and parmanently resulting from the office—nothing but a mere title of honour, attended with fluctuating advantages of which it might be rendered destitute; and this, upon the principle of all the cases, was not an office to which the Court would compel admission. In the next place, it was clear that there was a Court competent to hear and determine the complaint, to which no application had been made, in which no reluctance to hear the case was suggested; and to which, therefore, the party seeking redress ought to apply. It was a Court pecculiarly fitted. to determine the case, because it could decide on the whole at once ; whereas the Court of King's Bench must hear the mandamus and quo 'warrant° separately, and if' they refused to interfere on behalf of one party, might again be called to decide on the validity of the election of another. Former appeals had been made, when .differences arose in the University (rarely it was admitted, for the occasions were rare), to the King in Council, and there they had been heard and decided. It was. the evident purpose of the statutes of the University, to keep its members from submitting disputes to Courts of Law, by providing tribunals where academical questions of right and of discipline might more properly be decided. This case, there fore, on the final determination of which the mode of electing the five Professors would depend, ought not to have been brought before a Court of Law by motion for mandamus, while there was another Court peculiarly adapted to the discussion, and willing to hear it. Besides, it did not appear that Mr. Jephson himself had promoted the application, for he had made no affidavit ; and the case was brought before the Court by a stranger. The SOLICITOR-GENERAL and Mr. TINDAL replied, that it was true Mr. Jephson, who was now at Cambridge, had made no affidavit; but it was stated that he was elected—that he firesented himself to the 'Vice-Chancellor, for admission, and was refused—and that he had adopted every legal means of ob taining adthission in vain. The Co t.t fur intimated that they could not entertain any mo tion for mandamus to admit to an office, unless the party on whose behalf the application was made swore that he had been desirous of being admitted to the office, that he was still desirotis of admission, and that if admitted he would execute its duties.. , Without such an affidavit, it would be wasting the time of the Court to proceed farther. The SOLICITOR-GENERAL expressed his hope that in a Case of so great importance lie Should mot be precluded by the omission, but allowed an opportunity . of obtaining the affidavit of Mr. Jephson, which he could obtain on Wednesday. Mr. Serjeant LENS expressed his readiness to consent that. the case should stand Onto allow for the production of Mr. Jephson's affidavit. The Somciion-GthanlaL wished it to be understood, that he did not undertake that such an affidavit would be made by Mr. Jephson.—The case was then postponed tilt Wednesday. DI THE MATTER, OF RADFORD A SHERIFF'S OFFICER. On a former day Mr. COOPER made application to the Court on behalf of a person named Wood, against a Sheriff's officer, named Radford, on the ground that the officer had taken much larger sums from Wood, while in his custody at .a lock-up house, than are allowed by law. It was then referred to the Master to ascertain whether any and what extortion had been committed. The Master now appeared ivith his report, which he read. He stated that in his opinion Radford had taken of Wood, who was six weeks in his custody, 211. 13s. 6d. more than he could legally receive ; and that, on the investigation before him, Rad ford had pursued a line of conduct calculated to mislead him in forming his decision. The COURT adverted to the power given them by the sta tute, not only to order restitution, but to punish the offending officer; and this power they now felt called on to exercise. They therefore ordered that Radford should pay to WOod the sum of 211. 13s. 6d., and the costs of the application to be taxed as between attorney and client; and that he should fur ther pay a fine of 251. to the. King, and be committed to the custody of the Marshal until the sums of 211.135. 6d., and 251. should be paid. THE KING V. ANDERSON. This defendant had pleaded guilty to an indictment charging him with peculation in his office of Surveyor of the Highways for the Hamlet of Mile-end Old-town, and, on the motion of Mr. GURNEY, was now brought up to receive the judgment of the Court. _ _ The defendant, a man of very respectable appearance, and who seemed greatly affected by his unfortunate situation, put in an affidavit imputing improper motives to the prosecutors in this proceeding. He received fiorn several deponents a very high character for integrity and honour during a period of 20 years. Mr. GURNEY prayed time until to-morrow to answer the de fendant's affidavit, and moved that in the mean time he be committed. The case was therefore ordered to stand over until to-morrow. CRIMINAL INFORMATION. THE VINO ALLISON. Mr. BROUGHAM moved for a rule calling on the defendant, a tea-dealer, in a small village in Cumberland, to show cause why a criminal information should not be filed against him. 'He applied on behalf of Captain Backhouse, who had been an officer in the 85th Regiment of Foot, and in 1794. and 1795 served in Flanders and Holland, with great intrepidity and zeal. On no occasion had his'conduct been called in question, until he was directed, with seven others, to prefer charges against his commanding officer, . who was eventually acquit ted, in consequence of which he with the others was forced to leave the regiment. There was no imputation whatever at any time on his courage or honour, which could give occasion to the conduct of Mr. Allison. In the Autumn, Capt. Backhouse had been with some Ladies to look at a waterfall, and on his return passed through a field of Mr. Allison's. He received a notice not to trespass—of which he so far did not complain ; but which proceeded, after some : insinuation respecting his " modesty," to denominate him " a cowardly incendiary, and no gentleman."—The Court granted a rule to shew cause. TIIE RING V. THE INHABITANTS OF BERKS. Mr. TAUNTON moved to make this rule for a criminal in formation against the inhabitants of the county of Berks, for the non-repair of a bridge, arid the failure of the grand . juries to present it, and, of the Magistrates to interfere, absolute. No cause was shewn, and the rule was made absolute. COURT OF COMMON PLEAS, - Nov. 25. . . SHORT v. ANNESLEYi (SOLICITORS). Mr. Serjeant PE LT. moved the' Court this morning, calling on Messrs. Joseph and Robert Annesley, Solicitors of this Court, to answer, the matters contained in ;he affidavit, and why they should pot deliver over to Mi. Tounsend all deeds, papers, and writings, now in their custody or power. The affi davit contained serious charges against the defendants, which we do not think it proper to publish, as the case still stands, over, the Chief' Justice - having suggested that the 'affidavit had better be shaped in another. way, the offence, if an thing, being indictable, and in the nature at a conspiracy. - CRAMPM, SYMONS, CLERK. Arr. Sergeant LE:gs moved fora rule to show cause why the award made in this case should not be set aside, and the matter left open fortrial.• Theoriginal question was to deterntine whether the fees for the interment of bodies in the chancel of a church belonging to the rector or the vicar. The case was left for arbitra tion to Dr. Lushington, by whom it was decided that the fees belonged to the viear, and that the plaintiff ought not to have brought the action. The award then went on toorder that each party should pay his own costs. Sergeant Lens now contended that this decision was contrary to law, and bught therefore to be set aside. - The C OJRT said‘there were several cases (which their Lord ships' cited) where barristers had been appointed to determine .both the law and the fact, and the courts always considered the parties bound by their awards, except where they plainly ap peared to be in error. The Court saw nothing in, the present case which called upon them to interfere.—ltule refused. lIETTqs COLLIERY. --On Monday, the 18th inst. The Hetton Coal Company effected the first shipment of their coals at their newly-erected staith on the banks of the river. Wear, at Sunderland. The waggon-way, which extends over a space of eight miles, from the colliery to the river, and in, its course crosses Warden Law, (one of the highest hills in this part of the country), was crowded with spectators to witness the first operations of the powerful acid inge nious machinery employed for conveying the coal-waggons.— Five of Mr. George Stephenson's patent travelling engines, two 60-horse power fixed reciprocating engines, and five self-acting inclined planes, (all under the direction of Mr. Robert Stephen son, the company's resident engineer), simultaneously perform ing their.various and complicated offices with the precision and exactness of the most simple machinery, exhibited a spec tacle at once interesting to science, and encouraging to com merce. The quality of the coals is universally acknow ledged; and the shipment of them has been anxiously looked fdr by the ship-owners and fitters at Sunderland, who had the gratification of witnessing about 100 waggon loads (containing upwards of 100' tons weight) conveyed along the iron-railway (which Was furnished by Messrs. Losh and Co.) with astonish ing facility and dispatch, to the Company's staith, where the coals were shipped by their newly-invented self discharging ap paratus. The crowds of people assembled on the occasion, the flags and colours 'streaming from every building, with the cheer ful airs of the Newbottle band, rendered the scene most lively and exhilarating. Extensive commercial speCulations are as grateful to philanthropy as they are animating to science. Whilstthey call forth the powers of genius, they, at the same time, afford subsis tence and comfort to the labou ng classes of society ; and, we trust, there are none who will withhold the meed of praise from under takings like the present, which has for two years given constant employment to many hundreds of individuals and their families, and opening a cheering prospect to the working'part of the com munity in the coal-districts. After the business of the day, the owners of the colliery, with about 40 of their friends, who had been invited to celebrate the event, sat down to an excellent dinner, at Miss Jowsey's, the Bridge-Inn, Bishopwearmouth. The chairs of the president and vice-president were filled by J. C. Tarletori and W. Charleton, Esqrs. Among the guests were—Col. Nichol, Co). Lascelles, Mr. Fox, Dr. Pemberton, Mr. A. Fenwick, the Rev. George Stephenson, &c. &c. The Hon. Capt. Cochrane, the Hon. Major Cochrane, Mr. Scruton, Colonel Light, Mr. Darnell, Messrs. Horn,, Mr. Mowbray (the Manager of the Colliery), and most of the other partners in the concern were also present. Many loyal and appropriate toasts were given in the course of the afternoon, and the hilarity of the entertain ment was continued to a late hour in the evening.—( Newcastk Courant, Nov. 23.) On Monday James Brown, a copper-plate printer, dropped down dead while going to his work. His sudden death was occasioned by the bursting of a blood vessel ; but what renders the awful visitation more melancholy, is, that the deceased has left a widow and ten children, who were en tirely dependent on him for support; one of the latter was im plicated in _the recent robbery of a pawn-broker's ware-room, for which he will soon take his trial, which circumstance has preyed greatly on his father's mind. A subscription has been set on foot for the relief of the family.—( Edinburgh Courant,Nov. 21.) NEWCASTLE POLICE.—On .Wednesday last George 'Spence, a Castle Garth tailor, was committed for trial, at the next Sessions, on a charge of. stealing two blankets, a sheet, and a counterpane, the property of Elizabeth Curwood, of Qneen-street, widow,; and on the same day Elizabeth Wind, a labourer in the tobacco manufactory of Mr. Thomas Gray, of Dean-street, was committed .for trial at the same Sessions, on a charge of stealing from her master ten ounces of tobacco. On Friday se'nnight thu following singular circumstance occurred on board the Ower's Light Vessel, moored off Selsea Bill, about nine miles from land. A flock of widgeons; either attracted by the light of the lanthorn, (com posed of very thick plate glass) or driven by the turbulence of the weather, came in contact therewith, and several fell on the deck, of which some made their escape, but three were made prizes of by the men on watch. As a proof of the mildness of the season ) there arc now growing in a gentleman's garden, at Richmond in Yorkshire, roses in full bloom, also carnations, pinks, genti anellas, stocks, polyanthuses, aurigulas, anemonies, daisies, polyanthus-narcissus, wall-flowers, &c. LONDON MARKETS. ba T u h er e s. pri T ce h o e f re th a e r 4 e 1 o b t . h L e O r a s o i f s s t t h a e t e t d r a a d t PRICE OF BREAD. and 7d. e 7 kv d. ho by s t t l i 1 1 e aft°l6ll, r6ciedf IMPORTATIONS 01 GRAIN LAST WEEK. ~,, English. Irish. 'Fore% Wheat Barley Malt •••••••••• Oats 935 2,475 --- Rye ....... Aye Beaus . Peas Tares Rapeseed.. 1,219 478 ww....... •••••••••• ••••••••• 41......... •••••....... ,/ ''... Mustard Seeds..., 63 Flour Brank Linseed - 29 ~...... .......... ............ 0..,....... r •••••.1....• ......... NN.,,,.,... 1,615 o 1 - 1 - ed Clover (Fore S ig E n E ). D . S 24 ' s N 34 v s . - 2 6 6 n . e, 44s 52s —4 per 0 41 ' .Ditto English R. 18s 33s—fine new, 42s 54s 56s White ditto 2Bs 44s—fine, 54s 585 ._ Trefoil ‘ .. per cwt... ;15s 1 8 s—fine 14s 205 Per OA. Ribgrass ... 4Bs 34s—fine, 40s 45s Carraway Seeds ' s4s to sSs—fine, 60$ 62s Coriander do. Spring Tares ... 26s Od to 30s Od 345 Cinque Foin 32s to 34s—fine —s per ci lr : Rye-Grass ... lss to 22s—new, 27s 31$ per 4' ' Canary per qr —s 31s to 35s Od per qr. White Mustard Seed Bs to l Os Od Brown ditto Bs to 9s Od Winter 'l'ares 27s to:3ss Od per qr. - Rape Seed .. 2Ol to 2110 s per Last. Turnip Seeds. —s Od 6s to 7s pr. bush. Linseed ...., —s—fine, —s —s per (11', NEWGATE AND LEADENHALL INAtth.F573-01';16. . _ By the Carcase. ' i .Oa Beef ls 8d to is 6d I Veal 2s Od to. , 4a Mutton ls 4d to 2s 4d i Pork I s 8d to Ss Lamb, Os Od to Os Od. _____......0"" Sl'. JAMES'S HAY MAttrt.k.'l', Nov. 23. oa N. Hay 31 Os od to 41 Os od i Clover, .. 31 los to 41 49 01 Old Hay 01 Os od to of Os od 1 Straw 11 10s Od to 11 165 _ SMITHFIELD. lo Od Old Hay 3l 3s Od to 41 Os Od-Averagc, 31 . •, OJ . Straw • 11 lOs Od to 11 16s Od-Average, II lc': Od Clover 3l 73 6d to 41' 3s, 00--Average, 31' 15 .7 .• WHITECHAPEL. • g, 0 Hay 31 6s Od to 41 4s Od--Average, 31 1- a . New ditto Ol 'Os Od to 01 Os Od-Average ; 01 Oc a Straw II lOs od to 11 16s od-Average II 16! od Clover 31 Ss Od to 4! 15s od--Average, PRICE OF 1101's, per Cwt. ' Nov. g 3. Pockets. I Bags. JI 10 0 I Kent .. 21 lOs a3lSs a 41153 Kent .. 418 s a3l 36 a -, 0 Sussex.. 21 Os a4l lOs ati 18s Sussex 21 Os a2l 6 6 a ', "6: Essex .. el 5s a 313 s a3l 12s Essex.. 41 4s a3lOs a 3 ' Farnham, fine, 61 Os to 71 7s—Second, 51 lOs to 61 O S Old Duty laid at 200.0001. ---•---.- RA Wki IDES : • ssa Best Heifers & Steers, per st. Ordinary .... 23 6d to 2 „ ocl 3s 2d to 3s 4d Market Calf . . each.. I ' 3 _ od Middlings... 2s •Iod to 3s Od 1 Eng*. Horse Os Od to 05 • SHEEP SKINS. Polled Downs to —d PRICE QF LEATHER. 2 1 3: d Butts, 50 to 56Ms each per lb 22d to , d Ditto, 56 to 66Ibs each 24d to 3 'd Dressing Hides J sd 0 9 Coach Hides - l 9d to 1 ,. 0 ., Crop Hides, 35 to 40lbs for cutting 19/d to t.; Ditto .... 45 -to 50lbs Calf Skins.. 36 to 401bs Ditto 50 tii 7 0 Ibs , Ditt0...... 70 to 8011,5 22 2 6 i 5 dd i 1 to 5:276:1 6 1 Small Seals (Greenland) 18d t° 20 01 ol Large ditto 'fanned Horse Hides l7d to c o Spanish Horse Hides l9d 1.0_,..., PRICES OF TALLOW, NO, Town Tallow 41s od —s Od Yellow Russia 435 od —s Od I White ditto .. —s od —s Od Soap ditto.... 37s od —s 0a Melting Stuff 35. s Ott —s Od Ditto Rough.. 23s Od od PRICE OF CANDLES, FROSI Price of Candles, per dozen 6d per dozen allow PRICE OF RAW FAT, per. Stone of 811).--Ntr . ' rod Price of Tallow (as stated by the Tallow Meltersit ------------;—:',. AP, &c. per it2ib.—..° ' gl 765 IYellow 50ap......... •,' ot M0tt1ed....... ." sst I .. Curd ............... •':/sOd Graves - ... •• 1 04 Good Dregs ••• ,lIALI' d 1 TALLOW CHANDLER ' 6d. Lit 9s'Od—Moulds, 10' 'ed for ready money. COUNTRY . GUILDFORD MA Wheat per I. 61 Os to 101 4 10 s New Wheat.. 91 Os to 111 10s Oats, per qr... 01 18s to 11 4s New ditto.... 01 Os to 01 Os MARKET. ,RK ET, Nov. Barley, new, 23. t l 65 tO 1113 ? 0 WO , riveaasens,9ppeerrglrr. qr. I 0: t i I ! (;): PUI Rye, per qr of Us to COAL MARKET; Nov. 25. Pric• pd Ships at Market. Ships sold. : 5 d 8 . 45 , 3j 12 Newcastle 9 Sunderland - 7 tt. ~.........--. ...---- --- at tb c Esq . the 1_ % t i On Friday the 15th inst.. a public dinner took place wit h town-hall, in Stockton, to celebrate the lighting the w w n n fortY gas, an fi w ft h y ic h en c tl o e m m m en en sa ce t d so th w a n t . evil . l in vi g iki t n o s w on h , ich betwe e l , or presided Many loyal and appropriate toasts were druoit,onvi, the evening was spent in the greatest good humour ind c n , 3 viality. During the lighting of the lamps, the bells i;lge, merry pealt At the same time, notwithstanding the ' w ee mency of the weather, several hundreds of spectators ..0, parading the streets. The lamps have a most brilliant aIT on ance, and give general satisfaction, and reflect grea t crew' Mr. West, the engineer. --...." • BIRTHS On Monday last, at Lopperwood . of House, Hants, th e Matthew Monro, Esq., of daughter. h Pres ton On Sunday, the wife of Thos. Fenwick, Esq., Sout ot Lodge, of a son ; also, the wife Of Mr. William 8r. 3 ",', t , at Dockwray-square, surgeon, of a son.—On the Nth insa.asn..... Rippon, the wife of Thomas Darnbrough, Esq., ° I (Newcastle; Nov. 23.) • MARRIED. t On Thursday last, Mr. Julian Slight, of Portsmoutl2."—.c: Eliza Ann, only daughter of the late Thomas Woollgar, of Lewes, Sussex. At Warblington Chorch, on Thursday last, Captain only Ton, 53d Regiment, to Elizabeth Tomazene daughter of E..Pinnix, Esq., of Emsworth. i r e un ders- -- 0 that the new married couple intend spending the honey P on their way to Italy. wods At'Bristol, on Tuesday,lhe Rev. William Seaton, of " - to worth, Surrey, author of The Church in the Wildertiess,,;, Mary Anne, relict of Charles Morgan, tsq., and sister to John Owen, Bart., _.M.P. Middlesex' to John Feathtrstonhauge, Esq.,. of Isleworth, Miss Clark, of Sion-place. On the ltith ult., at Memel, in Prussia, John Macke!' of Dantzic, to Eliza, the eldest daughter . of James 3. l eu' of the former place. DIED. On the 18th instant, the Rev. Spring Casborne, of .-- • ham,•Suffolk, Vicar of Old Newton, in the sa me couni• Ar.. On Saturday last, the 23d instant, at Watford, Stepherl desoif, Esq. in the 70th year of his age. Long' On Saturday, the 23d. instant at Highgate, George , man,-Esq. Vak e- Oil Saturday last, aged 32 years, Mr. J. Birkett, of / • • field. This gentleman fell a victim to his . zeal thee n sion, for bting called out of bed at a late hour in_ieve when suffering under considerable indisPosition, he rr" ea sed ral miles. in the rain to visit a patient, and thereby:olf! his Own illneas so much, that he died in less than a wee" t •v s q.. On Saturday last, after great suffering, James Piggo t , _ t „ of of Fitzhall, near Midhurst, and a3lagistrate for tile coo" J Susex. k a t a ttar , On Thursday'se'nnight, suddenly, of a spasmodic broil tter of his seat, Brambridge House, Walter Smythe, Esq. , Mrs. Fitzherbert. rt ni ld ‘ On Saturday last, at Yayly, near Lyinington, RIC for the den, Esq., one of his Majesty's Justices of the Pea e county of Hants, aged 66. , , i „ f rs , At Wilthall, nearAlton t Mr. Thomas Gunner, ago' "ye u rt, Bsq., of Fryern Yesterday se'nnight, 'George Reade, much near FUrdingbridge, aged 64 years. 3" , • On Sunday se'nnight, Mr. Jaines Tiillyer, Ofllfr s c lot wid , in his prOfuest: ti l e i sli s e o c n t i e e d bon i o l u is rs remains were interred on Sunday Office, No. 112, Strand, by J . B. C4.TOTAI"' ' US, 3t the S'l ' ll'. Printed and Published for the PROPHIETO /.. Nuiv *VI? for celooe • ( 11 ,4 or 'Glut Pric e pl d s T — CCED FEE INN NAr, 13, E fc