The British Press; or, Morning Literary Advertiser.
London, England, 1819-01-30 00:00:00

PRISONS.

Mr. I (ttI.MF. SIIMNCR ttttt wed—.
" That an humble Address be presented from the Howe
to ha itu)al Ilighu►►s the Prince Regret. praying that he
would be pie:twat to Mee laid ►efore the Hotter, the Report
of the entnittistiotters appointed to inquiry title teat stale of

THE BMUS i.t PRESS.

LONDON,

SATURDAY, JANUARY 30, 1819.

The Bill for insuring the safety of his 501.
arwries hereon was last evening read the third
time. in the House of Lords, and ordered to be
sent to the House of Commons. As the Bill refers
to a Member of the Royal Family, it will be sent
to the Lower House by two of the Pointe Judges ;
whereas, if the Bill related to ordinary matters, it
would be sent by two of the Masters in Chancery.
This Bill has declared that the complete control
of the Windsor Establishment. whatever may be
its extent and patiousge, *hall be vested abso-
lutely in the Duke of You, as custos personas
of his MAJIISTV• The extent of this power, howeve►,
depends altogethe► upon a second Bill, which will
commence in the (louse of Commons, for regale-
a-certiviniog that Ettsblishrocut, whereby it

might happen, if the present 8.11 be putted, that the
Duke may find himself invested with the disposed
of a patronsge, equal to that which belongs to the
PRINCE BEMENT, as depositary of the Regal au-
thority. la this measure Ministers seem to have
committed themselves egregiously, for should
larger establishment be granted to the KING thici
they might thick exiserlierst, their contiousoce
office might rest with the Duke of YORK, {wing
once the guardian of ii. KING'S person, the Cont.
mender-in-Chief of ti.e army, and the 5e5.,,,,t
Prince of the blood. This matter involves the
constitutional question, respecting the wisd..in or
investing other bands thou those of the Execirne
with a patronage so extensive as to cause a posh.
hility of the two powers coming in collision, and
deranging the regularity of the system of govern-
ment. The only means of obviating this difficulty
is, to effect a very considerable reduction in IL
establishment at Windsor, which, without dimiii:s:..
ing the personal comforts of our Balloted sod ve-
nerable Sovereign, would remove the mockery i f
State that seemed at present to surround him.
In the Commons, a Petition was presented from
Mr. HUNT, complaining of an enormous
amounting to no less than 900/., made against
by the. Dian BAILIFF of Westminster, fur hit
share of the expenses us e Candidate at the hot
tVestminster Election. We cannot presume tai
express our opinion now, how justly this dernacd
may have heels made; but it is tit least certain that
the HIGH BAILIFF might, by some means, to Le
defrayed the expenses of holding an election.
A subject of far greater importance to the gene-
ral interests of the country was noticed in a subse-
quent part of the evening. Sir MatTitEw WHITE
RIDLEY Bakrd the CHANCELLOR of the EXCHE.
OVER, whether it was intended, in the present
Stvaion, to renew the measure proposed in the for.
titer Session, respecting the regulation of Country
Banks? To this it was replied, that the subject was
considered fit to be investigated by a Committee of
the Grouse. From this the country must sutra ipate
an attempt on the part of the Government to take
tile issues of the Country Banks altogether under
its own control, and to make these valuable esta-
blishments tobservient to the Bank of England.
It cannot fail to be remarked throughout the
country, that the proceedings that are about to he
undertaken in Parliament, !carving the paper
curiency of the country, seem to insure a perm'.
tieney of spient wholly iiiconsistent with the vogue
st•suraticss occasionally thrown nut, of the anxiety
of Nlnlisters and the Bank of England to return to
cash payments. We are now, after a period or
more than twenty years, beginning to revise our
paper system—cot for the purposes of terminating
it, but of concealing its errors, and rendeting it
better calculated for a longer continuance.

The following are extri.cts from German Pap:rs
which arrived last night
JANU*RT Id.
The reigning Empress of Resole arrived heir at eleven
o'clock last night. Her Majesty alighted at the sew Palace,
where she was received by her Imperial Highness the Greed
Duchess C.oostantine, who bad sd►aocd from Coburg iu
the afternoon. All kind of ceremony was avoided, on at-
coned of the mournieg. Their Highuesses the reigning
Prince mud Prince Leopold of Saxe Coburg, arrived here to-
day, and have dined with the Empress. Her Majesty de
parts to-morrow, to return, by way of Leipzic and Frank-
fort ou the Oder, to St. Petershurgb.
IMIUNITCII, JANUARY I.

Some Mealier, of the Assembly of the Siatits have already
arrived here. The preparations for the opening of the M.
senility are carrying on with great activity the arrangement
of the Hall is completed; the gallery of lb* Hall of the
Deputies can contain above 250 spectators; tikes it is lei g.r
than that of the House of Commons at London.

A Ministerial Council is engaged in drawing op the plc-
grontrise of the solemnities •hick will take place on the
occasion.

JAN U ARV )1.

Accounts from Spain speak of a plait foe SUUlli 41.111WEICP,
but which is of such maitre, that it is rasher it, the mum.
bee of impossibilities than even of probabilities. Thu
plan is stated to be an idea of the new Minister, the Man
quit d'lrojo, aid to be u follows:—To act deci►irely ia
South America, 40,000 men are wanted, who meat be so de-
tributed as to operate at the same time, with energy and sm.
ma, in all the revolted provinces. He would, thervfose, semi
hat 10,090 men to VCIUZU(II4 and New Grenada; 0,000 to
Mexico ; 14,000 to Buenos Ayres and the River Plata; end
the rest to Chili. But as all t►is requires immense expense,
the plan provides the means of meeting it. This soma
cou►ists in ceding to Russia the islands of Majorca, Mi.
macs, and Ivica; to Molitor' the Canaries; to Eaglaw!,
Cuba; and to France, Porto Rico, also the flpastish part of
St. Domingo and the Philippines.
In return fur these cessions, Spain world receive their va-
lue iu transports, and every other requisite fur its eutrr•
prise, the expenses of which would amount to 39,000,0n0
dollars. These CCIIIIOI4II would be indeed of a greater value
than this sum ; hut if Spain obtains its object is America,
it will be amply indesnaified, for the piwsession of the abode•
mentioned islands is of no great advantage to it, but that of
au immense sod rich consistent, if it recovers it, ittv,,t..•
able. The Minister, Irujo, calla this plan, it is true, itif.a
lible ; but others deem it aboard, and say, "so precatwas
is our situation, that we would have recourse to such des-
perate means Nobody believes the execution or the
reality of the plan ; and if it has been proposed, we daily
have the sad experience that chat is resolved on to•day is
give• up to-morrow.

We have received Paris Papers of Tuesday
last. The Chamber of Deputies lithl a pubLe
sitting on the preceding day, in which the Batou
DELESSCIT reported from the Committee eh r;t
had been appointed to consider the propobitioit
made to the Chamber respecting the grant of
50,000 francs s- ear to the Duke of Rittictict,
as a national recompense for his tmisiebt swim

In the late nezociations at Aia-la-Chapelle. The
report contained an eulogy on the public character
and merits of the Duke de litcHtstEu, and ex-
pressed the entire acquiescence of the Committee in
the grant proposed, with the remark, 4' that the
~um of 50.000 francs e-year was propo►tioned net-
itier to the generosity nor to the gratitude of the
monarcl► and the nation, but that, in limiting the
„compel'se to this stun they wished to render their
homage to the disinterested character mid noble
moderation of the Duke dr H
The Co eeeee iittee thus cresi6rin the tir.t.a►tiele of
the proposed law ; but they object to the @Period,
•hicb enacts, that this earn shall be charged alien
the property of the Civil List. To this they make
several legal objections, and conclude by recom-
mending that " the toojorat to be created for the
Duke of Hicittl.tru shall be composed of property
chosen by the KING front among the dosnaiiis of
the State which are disposable." The Report Was
ordered to be printed, and taken into consideration
un Thor,day.
The Five per Cents. were on Nfon4lay 68 f, 7.5 c.;
Rook Stock 1,4'92 1. 50 c.

A Dutch NI. has arrived, with Papers to the
e7th instant. It is now discovered that the Con.
stitution so long promises! to the people of Prus-
sia cannot be grsottil ; and as hope lung deferred
tnaketh the loan pick, the interest which the
question excitial rapidly subsides, and no popular
itiocositent is apprehended from the disappoilitittrot.
'Chat the ili•covery was not made long ago, way will
excite surprise, fur the mystery seems to admit of a
tin easy solution. The KING, and his Nliiiister.
lIARDENISERG, we are told, have a great
Nvemon to all sudden changes!!! and a financial in.
Tiiry and arrangemetit of great labour snot diffi-
culty, aml requiring a great length of time, are
relirisrnt,l ),• rosentially necessary, before the
subject of a new Constitution can be entertained.

The following an extract of a letter received
from Catuvia. It refers to an event noticed in the
Pro.emt. wr Laxly publi►hed. by the Governor of

I;e1 co..len

" 153 t av is, October 1, 11111

The Dutch Governor has at last thought proper to send
to Reorouten the liritialt Officers dispatch, it to Palembang
ba Governor Rallies, but not until the letter threatened to
finch them, provided the Dutch Governor did nut think
proper to complyeith his request.
" apprised you that the additional duty of 6 per neut.
ue all ship. was to tie imposed, excepting on those or Hol-
land. This was to tote place the Ist November. Ships be.
(ore could sell all or pint of their cargoes at Ibtavia, and
proceed with the remainder to Semarang and tither port. of
the 'coast. They see now deprived of this inottilgettee, and
are compelled to sell all their cargoes at flata•ta."
On this letter we thiok it stillic,esit to express
our satisfat tion, that in corcumstaincts requiring
so moth energy and determination, the British
authority in the E linens Seas has been intrusted
t•o one so well capeble of maintaining it from every
egression, ettlier of injustice or ingratitude, as Sir
T. S. lteriLes. We are happy to hull lie has at
I•ngth brought the Dutch Commissioners at Bata-
irk to a sense of whet is due to the name and poser
of Great Britain. With respect to the additional
import duty imposed ou all ships other than, those
of tine Netherlands, and the vexatious restrictions
that accompany it, we shall say nothing, us every
Government has an undoubted right to impose
whatever duties it may think proper upon the entry
of foreign vessels, but we think there may he dis-
cerned in it a spirit of monopoly that twerlooks
eiery consideration but that of immediate profv.

A ccounta front Waallington to the 30th nit, state,
that the Senate had been sitting for the list two
Illy, with cluaed door.. Conjecture was on the
ale rt, and nuuterous rumours were circulated as to
the subject under discussion. It was tuder•tnod
that the new Commercial Treaty between Great
Britain and the United States had been taken into
consideration. It is added, that this 'Treats• is
satisfactory a. fur U. regards the Fishrrie., the Nor-
thern Bow:deities, and Slaves ; but that the later-
eating topic', of the Colonial Trade and the
Im-
pre•smeut of Sailors remain unadjusted.
A letter from Margarita says--" Commodore,
A 011 Y has taken thut fine ship La Nymph, mount-
ing 30 gnu., in the Gulf of Mexico. She chafed
A vav's ae.sel. which is smaller, but full of men,
sty 150, all Englishmen. MAY headed his town,
"Yilig. Board her, my boys, she is Cur.!' 151)
men invisediately poured on her rigging anti direk,
and in g 0 minutes she was taken, but that ActtY
was killed in the attack."

Extract of a letter, dated Baltimore, letli
ANA Arrived per ship Plato: Commodore TA Y-
-3411 havoig gathed his suit, his ship sailed avant in
S.oieriiher, and has captured four more valuable
•.,.. 4 )LE Lo,huti Lr ",.,)110,t and .dok a Porto-
:u. se sloop of war. A 'wilierAcres privu-
•er has upward. of 300,001) dollar., Wm.
',sit i.f at Lima ship hound fur Cadiz (this is the se-
cowl Lima ship lately taken) ; the ship mod cargo
:or veiy valuable; she was sent to Bileous Ayres by
the captors. Several royal licenses are offered for
the introduction of flour into Lints, the want of
..ionitioisiviitiosi with Chili having reduced Li us al-
to a starring state."
lioExtu and BAYER, whose names have
ottvo so frequently mentioned with hooour in the
English sod German Journals, as the iuveunsrs of
ti ors., and most loges 11111 l ptiotiiig-press, and who
filive hitherto resoled its L ton. 31.', now re'l°red
to their natter etsUlary, soil have taken up their
in the late Cistercian Convent, 11011 f IVIIII2-
I.!arg, which they have tishichaioU ut the Virsanan
Isuvernmeut.

V ' ~ ::).-..7,-r$ 0.14
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COVENT-GA RDEN TIIEATR E.

The character of Meg Mari:its, in the musical
play of Gay Mannering, was lest night represented
by M Ica SOMERVI I. LE. being her first appearance.
on the London boards, in that part. This l.ady
hail previously personated " the Ginsy Vagrant,"
when preforming with the Bath C patsy, and re-
ceived, we underetand, the moat flattering teronno-
Mee of approbation from the prime inhabitants of
the British flair. Her idea of the character dif-
!ere easentielly from that of her predecessors—whe-
ther it he more correct than theirs, is another ques-
tion. From a perusal of the novel, we are led to
think, that Meg Alerrilies should, when transferred
to the stage, display more of the emnruatieling than
of the pathetic—more of the hold than of the tender.
Fier habits have long been rude and savage—she has
herded with the vileet of the vile-e-she bw cotn-
maned with those, an association with whom, UN
surely destroys the gentler feelings,, all the touch of
the torpedo paralyzes ployeical strength. Feeling is
not, however, wholly obliterated. The probable
fate of young Bertram, connected as it is with the
recollection of past days of innocence moil of hap-
piness, interests a heart almost dead to emotion—
and elicits occasional gleams of feeling ; as the
feeble rays of the sun, taunting the topmost crags
in the rugged scenes of SA LVATOR Rosa, by con-
trast render the general gloom more strikingly ter-
rific—so these scintillatry of iraticction ought to
place, in the 'strongest point of view, the almost
savage wildness by which they are surrounded. Miss
Son F.RV seem' to have read the character dif-
ferently. She has added to its pathos, but she has
detracted considerably from its strength. In her
first scene, more of determination, less of pity,
should have been Manifested. The reason is ob-
vious. Meg Merrilses, when interrogated, tells
Harry Bertram that she knows him better than he
knows himself—throughout the scene she acts the
Oracle—owl a faltering accent and averted look be-
fit nut such a character. They are caleulirted to
engender doubt, the Gipsy wishes to inspire con-
fideoce. The scene with Dominic Sampson was
acted in an unexceptionably excellent manner.
This portion of the play is of a elierptered de-
scription. The beisiiiess of the present moment
c.ills forth a lofty and detertnitted spirit—
remembrance of the past, gives rice to bitter re-
pentatice—and the prospect of the future produces
a melancholy and superstitious presentiment of evil.
Miss SosstaviLLE 'narked. with affecting accuracy,
the strongly-contrasted features which distinguish
this, perhaps the most dal It scene in which Aleg
!Versifies appears—end wleiwramily and universally
applauded. We wete pleased with her
delivery of the poor waiidereVe heart-tout hing re-
quest, to have the walls of the old cottage its the
glen. the scene of her youthful joys, rebuilt. when
.he Omit have ceased to exist. A strung expression
of the pathetic is necessary to give full effect to
this highly interesting passage ; Miss SOMERVILLE
proved that she understood it well, and her action
zed utterance were its beautiful accordance with the
melancholy which pervades it. The itascotitre with
Dirk Ilatteraick (aussin was extremely well
sopported. The bitterness of manner which barbed
her reproaches, war in complete unison with the
clisracter. The dying-argue was skilfully managed.
We have only one other observation to make on the
pet fortnasice of M its SO)I eav I LI.E, which is, that she
introduced a sort of broken dialect, half Scotch half
English. which, in our mind, though it may claim
the merit of singularity. blends little chance of
being praised on the score of propriety. We are
a good deal at a loss to discover why Meg Merril;es
should affr ct the Scottish dialect, while Baillie
Murklethrift, Mrs. Al.eundlish, (lie retterwued
Dominic Sampson, and the great body of .)leg's
follower% are content, Scots as they are, to speak
in plain English. It is a false ertiorment—and,
as a painter would say, entirely out of keeping.—
To harmonize with the characters amongst whom
slue moves. Meg should tither speak Etiglish, or
they should minute Scotch. At present she hiss a
very nadir monopoly of the northern twang. Miss
Stamens. tiLLE'rat performance commanded the ap-
plause of a eery crowded audience. Miss Foote,
in the absence of Miss MATTIIIIMs, who, ire
regret to say, is vety ill, suppurated the cha-
racter of Julia Monnering. The other parts
were cast as heretofore—awl, having already
spoken cf them, in the maitirse of the week, in
terms of unqualified approltatiois, we do nit deem
it itecessitry to reps Lii our praises. It is 51111Eeltnt to
say, that the principal I:trimmers, male and female,
deserve emery connuendation that has been be-
stowed uu them.

Yesterday morning the Duke of YORK left town
far Windsor. His Royal Highness returned to
town in the evening.
The Dowager Marchioness of 11.s:sipowiv had
a spirt t fashionable party yesterth y evening, at her
lion:e in Albeniarle-strret•

Count awl Count LIEVEY entertained a party
of chstinctinn )etterday, at their house in ilarle)-
'a reel.
The Covent-Carden l'hentrical Fund Dintorr
take., place this day. at the Fretinastitts Tavern.
at *ix o'clock ; his Royal flightiest the Duke of
YORK Oi the Chair.

'Die Colchester Theatre was. on Monday even-
ing, most reiliect:thly attended. to wituitss Mr.
NiATIIEWVA entertainment of his Mail Coach 941.
ventures. The boxes were filled, and the receipt
amounted to sixty pounds and upwards.
Sui Amy week his Royal !belle's the Duke of
YORK arrived at Anltems, the reatuf C.
GaBEY-
WOOD. EN. at Buttner, in F...rietc, from Reuther-
ham Hall. The Duke was attended by Colonel
UPTON. They were joined by Lord YARMOUTH,
Lord PIERCE, General Colic, 3cr. and 011 Mon-
day they partook of the diversion of pigeon shoot.
ing. On Tuesday the Duke paid a visit to Sir
‘1'11.1.1411 PARKER, of Nlelford Hall, on a shoot-
ing !party, and returned to Auheries in the evening.
At •eveti o'clock, on Werlire%dAy morning, he Wt.
Al,. GREENWOOD'S for London.

LAW INTALLILENCP.

VICE-CUANCIA.I.OII'S COURT, Wensitsfi:
ritioAV. J 'AU ART 211.

I4i [follow the Vic6-Cttitt4Let.t.ott wig occu-
pied ttnid there o'clovk in hotting motions of no
interest except to the loirrier concerned.

COURT OF KING'S BENCH, WriTimistrit,
FRIDAY, JANUARY 29.

GRAND JURY.
Mr. Justice BAY LET took his seat on Elie Bench
at half-past nine o'clock, when the Grand Jury for
the Comity of Middlesex were sworn. His Lord-
ship addressed them as follows :
" Gentlemen of the fiirseil Jury—l have inquired, leiti
And there is no case of an extraordinary tivitire likely to
come before you. It I...aerator, only necessary for ire
to stole in you the geseral rule by which you are to he
guitled—naniely, that you examine diligently every Clo,r
prearnlcil to your eunsideratiou ; and, if the evidence api
pear aulfirient in support the indictment, you will find the
hill, hut, if it be at all defective, you will reject it. Ravine
paid thus much, it may he proper in observe, that it is of
great import•nee 111 the country, and to the individuals Con-
cerned, that pm.. presentments be made ,i pper.l4ly a• pos.
aible, in order tleat whatever is eomplaineit of may be quickly
remedied, and that the expenses to the parties tuna...aid
nig he rendered as !Wit as circumstances will permit."
•f be Grand Jury then withdrew.
CERTIORARI.
slr. Caose applied for a writ of certiorari to re-
move an indictment, found at the Cardiff Sentient*,
into Hereford, Ike 114•Xt English county. The in-
ifichneitt was against the Bailiffs and Churchwar-
dens, fur a supposed conapirsicy, in refusing to
amens a poor's-rate—and the Delendsnts wished to
have it removed, as they were iipprehensive they
would mot receive an impartial trial in the county
where the indictment was found.—Motion granted.
nottaaLoweat v. ?Rowe and oittErts, Assignees V
GIBBONS..
Thus was an action of 'rover, on three bills of ex-
change, ;.r the Irma of 9401. It was brought by
order of the Vice-Chancellur, and was tried before
Chief Justice Abbott, at the Guildhall sittings,
after List Tr' • y Term, when the Plaintiff was
non:mated. The Defrodatits admitted thitt had they
become posammed of the billy as assignees, and that
they hid converted them. It appeared that, on the
'2.1 of Nlarcli, 1816, the Plsintiff's clerk went to the
counting-house of Messrs. Gibbon., who were
hankers at Wolverhampton, and requested that, for
the three hills its question, Messrs. Gibbous would
•give their bill on London, at two months, to which
they coo,elited, and drew on Messrs. F:silaile, their
banker. in London. Ott the 4th of March the hill
was presented, but Messrs. Estlaile, " not havilig
been milvimal," refused to accept it—aid on thi-
gh'', Messrs. Gibbous and Co. becetne bankrupts.
On winding up their account with Alessis. Eilaile,
effects solficittit to cover the tf.•lit doe by them,
and a surplus of upwards of min/. %ere ,Otind to the
hands of Messrs. Estlaile ; alio therrupou trans-
mitted the three hills, now claimed by the Planitiff,
and which had been sent to their banking-house, to
the assignees of Gibbona and Co. who resisted giv-
ing them up to Hortiblower. The flOnplif was di-
rected, on the ground that the Plaiutiff's 'merest
in the bills hail ceased the moment lie exchanged
them with Gibbons and Co.
In the course of the last Term, Mr. MaRtIYATT
obtained a rule to thew cause why the nonsait should
not be art aside, and a new trial granted..
Mr. SCARIATT and Mr. TYNDALL this day
abetted cause. The question war, whether the hills
still remained the properly of the Plaintiff? For
several reasons, it was evident that they did tort—
and, indeed, the present was not a tit case fur au
action of tenser. although it might have beets the
subject of an action of assumpsit. Bills of ex-
change, like any other species of commodity, when
endorsed over, for any coosideration, became the
property of the malinger, and could loot re-vest iii
the iniriy endorsing, on account of a breach of
contruct. It could not be contended, that a bill
of exchange did not come within the provisions of
the statute of the flat James—because, in this
case, as in that of goods placed in the possession of
a person on the eve of bankruptcy, the bankrupts,
by means of those bills, were enabled to deceive in-
diviilonls, with respect to their solvency, and to
prticuie tea ei.larged credit. For it was not possible
that ally persoti, from whom they might wish to
raise money on such a security, could tell whether
it really belutiged to them or not. This wits an
exchange of securitira—and, supposing that to he
the fact, the Pleintiti had no right to ask his bills
back, unless a sprcifie agreement were made nn that
poiut, or a charge of fraud against Gibbons and
Co. could be sustained, neither of which existed.
No evidence was given of soy agreement—and, as
to flood, it was palpable that none was contem-
plated, since, when the accounts with Monis.
E.daile were wound up, it appeared that Ciey
(toed more 111811 0001. to the estate of the bank-
rupts, and had, in consequence, given tip the bills.
Mr. M A ItRYATT 81141 Mr. V. LAWES were heard
in support of the rule. The question merely was,
whether or ‘tit the three hills were vested in Mews.
Gibbotia . v the original trommetion ? If this were
the case, then the Plaintiff had only an interest in
them, its a creditor, and must !trove his debt under
the euininissiou. But, it was evident, that, by
implication, there wits an agreement, and there wan
sufficient matter on which to raise the question of
from!. The Plaintiff took hack the bill to Messrs.
Gibbons, when payment was refused, but lie could
not demand his bill* of Messta. Esdaile, to whom
they lead been transmitted, they being real and
bums fide holders. Au exchange of acceptances
bid often been heard of—but this was not a trans-
action of that kind. Ilere three good acceptances
were given for a bill that was nut accepted, and
which could nut, therefore, be deemed a valuable
consideration, in exchange. It was a substitution
of one piece of paper Sur another—thot produced
by the Plaintiff being valuable, and that given by
Messrs. Gibbous being of no value whatever.
Now, it could seemly lw doubted, that there was
here an implied undertaking, that the paper howled
by Messrs. Gibbons and Cu. to the Plaintiff should
be co.exteusive in value, and co-beneficial, with
that which they had received. With respect to the
allegation of fraud, it could not be denied, that, if
Gibbon* sod Co. got possession of bills, by giving
another in exchange, they, knowing, at the tutor,
that they diak nut possess lauds to meet it, they

u .derttlelt cirrirtistsir.-•'. be tiaitl to '
have acquired Hay peterrot in the hills thus pro-
cured, wire they had (doomed them by concealing
n aunt imnerrteur point, That loch a • velment
wag intended. appeared frontilie fact, Oita they had
lint .1 ariviseil" of the bill in flues-
tutu. They did not. became they knew there were
not Aufficient funds in the hand, of their banker, to
meet it. A. to the lounge of the 21st of James, it
did toot apply to this c.ltte, inasmuch as bills of
exchange could not. tender that statute, be consi-
dered as gond* and (+agent. Certainly no person
could he deluded by seeing those bills in the hands
of Gilibtins and Co. hecattie, :in hankers it molt
have heel, known, that they were acciititomed to
have hills in their po,,e,,tois, as much, if not inure,
iu trust fur others than as their own immediate

property.
The CottitT helot, that the property passed, by
the actual eschaiive, fenin the Plaintiff to Messrs.
Gibbons. The bilk giltwri to Gibbons were en-
dorsed—tho y were 11/11t,;ilittlitly negociable—and
the prides holding than bad au unquestionable
right to part with them for a valuable consideration
to whomsoever they ple.i-.11. It was alleged that
there was foaled on the part of Gibbous, which eir-
Coolvtirocr would to till rte the whole tratioie.
ttttt . l itt they P Pis not, no the cviulellCr, ~,,y
l'lrSvOit for solipu.tog that a lal.tid Was ensitemploded.
For, II ;:h they might, nil the evenitig they gave
the boll, or the next
.day, discover that they had
%tot tirecta to meet it, it did tot follow that, at the
moment they rn.olle the exchange, they were mg-
mx,mt or the Net—and, utile.% they were ,0 cog=
nizatit, at the time, the allegation of fraud could
not he suationetl. If fraud had been Intruded to
he relied on, it should have been tried on a dis-
tinct 6.. up, and not I.ft involved in a general issue.
At the very instaut the transaction took place, the
bills delivered to Mtts tt Gibbons, being urt;o-
ciahle tiny moil the ordering of
soul were empowered to put florin in circulation.
Clad they remained in the hands of MettQrs. Gib-
bons till the period of their bankruptcy (which was
perhaps the true way of honking at the case), and
been room' amongst their eirect.., the Court should
have comsolered this to Iw a po,st,sion, w.thin the
statute of James, by v lock the as-igisees would
I he empowered to hold them. If the Plisiotoff Ise-
lit veil that fraud load !wen practised, he ought im-
mediately to have applied to Esdaile and Co. for
his bills ; hut, on floe contrary, he let them re-
main in their hands, sill the bankruptcy took place.
Lovk me to the rose, in every point of view, there
raid not aporAr to be sufficient ground for disturb-

thP nensitit.
Itule refts.til.

CR 11 IN A L INFORMATION.
Mr. SCARLIAT titittrrl for a rule to shew cause,
why a crnnui iI inframation should not be filed
against Mr. Patrick Cannily, for sending a chal-
lenge, or endeavouring to provoke • gentleman of
the name of IVilliain Mitchell, to tight a duel.
Mr. W. Mitchell and his brother, John Mitchell,
were respectable merchants in the City of London,
omit had been appointed trustees, under the mar-
riage settlement of a young lady, on her union
with Mr. Conolly, which took place in 1813. The
lady hail is fortune of 10,0001. three per Cents.
*lnch was gelled sill her for her separate use, and
which it was covenanted should not be disposed of
except upon Goveromeitt, or freehold security.
lit the year 1816, Mr. Conolly wished to pure
chase 14 house at Brighton, and applied to Mr.
W. Mitchell to lay out seven hundred pounds
on the speculation. 1I r. Mitchell, not knowing
how far he might Ire authorised, by the deed of
settlement, to accede to this proposition, referred
Mr. Cottony to his Solicitor, Mr. Le Blanc. By
that grotlensani he was informed, that the request
could tint legally be complied with. The year fol-
lowing Mr. Connally renewed his application ; and,
in the course of his correspondence, thought fit to
use vroy abusive expressions towards Mr. W.
Mitchell, who, tat length, declined answering his
letters. Mr. Cottony afterwards met Mr. W.
Nlitcliell anti his brother, on the Steyne, at Brigh-
ton, when lie assailed them as persons of low slid
contemptible origin, and insulted them very much,
fraying to Mr. W. Mitchell, amongst other things,
" If your feelings are offended, I am ready to give
you satisfaction." lie suiPtequently wrote a letter,
apologiaing fur what had passed, and stating, that
he wished to purchase soother house, the reversion
of whir li, in fee, he could obtain. Mr. W. Mitchell
again referred him to Mr. Le Blanc, who answered,
that such a purchase could not be made, ii con-
formity with the deed of settlement. On this, Mr.
('molly wrote several angry letters to Mr. W.
Mitchell, who, at length, found it necessary to send
one of them hack unopened. In consequence, on
the 4th of January, in the present year, lie wrote a
letter, which contained expressions, the object of
which could riot be mistaken. lit order to insure
its recept;oit, for lie knew it would not be taken
if the superscription were in hid hand-writing, lie
procured tonne other person to direct it, but the
commits were written by loin. Ile there said—
" You hard.hearted wretch, the moment I can get an op-
portunity, I will shake my whip over you. Yon are a cow-
ard, and as deformed in mind as in body. You have beau
the ruin of my family, and, I suppose, of many others."
Mr. Nlitchell swore, he believed, from this and
other expressions, that the intention of Couolly was
to provoke him to tight. Conolly after this wrote
to Mr. Scott, the Solicitor of his wife, who had beau
separsted I him, and expressed himself thus—
" The Mitchell" are infamous wretches. I know their
origin. I wish I could prevail un Wm. Mitchell to give me
an honourable Interline."
The CHI EF What is Cot.olly ?"
Mr. SI:MILL:TT —" He is a surgeon, tootling at
Brighton,. 'I or Lady whom he inarl,.l is of great
respectability, nod powwows in 11k11111,40111e fortune.
I appeal to the Court, whether a trustee, placed in
this situation, is to be con.tatitly air.ulted, because
he won't act in violation of his trust ? Is lie, there-
fore, with impunity, to be called a coward, mid
threatened with having a whip shaken over his
shoulders ?"
The Casey JUSTICC—" Take a rule to chew
cause ; it may, pies hops, lead to an amicable ad.
justauent."
Mr. SCARLET!—" 1 hope it may. Mr. Mitchell
swears he never did an net, uor used an raprearion,
that, if sightly consideierl, could °fiend Mr. CO..
MAYOR OF GR AYLREN D.
Mr. MARKT ATE Moved fur a rule to *hew cause

by the Corroratinvi of G-siv-niti .Is-nlel,pset
teed to the election uf a new M or, of tlir
ground of the illegality of Ole eleestesei of Mr.
Cruelest, who at present hold* that oflice.—ltule
grouted.

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