The British Press; or, Morning Literary Advertiser.
London, England, 1825-01-27 00:00:00

fair and candid, and the valuation of the property available to tile
creditors extremely moderate. As an example, 31r. Henry, of,
eitephen's-green„ who is a creditor, and a competent judge, declared
his opinion, that one of the estates with which he is particularly
aquatnted, was worth 3,04.10/. more than the aunt at which it was
estimated.
The whole of the unsettled estates of Lord Newcomen, are sub-
ject to the debts of the house. It is supposed his family have little
or no provision. except a sun) of 11,0041!. for which he had insured
his life, fur their exclusive benefit. His Lordship was in the habit
of drawing front 3,001/. at 10.00OL a_year front the concern' on ac-
count of profits--wilich, it is unnecessary to say, were not realised.
It is rupposed, howzver, that the creditors will receive fifteen or
sixteen shillings to the pound.
The case of 31Ir. Evory is one of peculiar hardship. His name
was put into the firm without his solicitation. He had merely an
allowance of CAM. atyear, and his property and his savings are now
subject to the debts.
Another meeting will be held to-day at two o'clock.

FALSE RETURN OF THE PRICES' OF CORN.
Yesterday the case agni;nrasrs. !loggia and Savage, corn-
factors, in pursuance of notice front the Louu Syron, utile ott
st the Justice-room, at the Mansion-House. •

The Surveyor-General of corn returns, charged the defendants
with having made an undue return of the sales of corn. It will he
recollected, that a tonvictien took place on the 22d of last mouth,
on a similar charge against Messrs. Huston.
Mr. HOLLAND attended for the prosecwinn, and Mr. Lave for
the defence. Neither of the defendants obnved the summons its
attend, although the poi ponennent of the cas: was made witii the
view of having one or both of them present.
It is necessary fir the elucidation of this else, to stare what, (we
have it tipm authority), transpired atter the dmision upon the charge
against Meters Huron.
One of the defendants in the present case, at the suggestion of
the solicitor tor the Survernr-Gemral, addressed a Ctter to the Sor-
vevor-General, of whith the following is a copy
" Jacobs, Esq.
" Sir—The hearing of the information against Mews. Bog is
and S. • ige, for an undue return of rum, having been postponed tit
consequence of the non-attendant; of Mr. Boggle or myself, which
was nriportsible, on account of illness, and which we were informed
would not be necessary, if a solicitor appeared fbr us, I have now
to state to you, :hat Mr. Iloggis, front the infirmities of his age
176), and the effect of a paralytic stroke, has for many years been
incapable of taking any part to the business; and I have fur my-
self been confined to my house by an abscess upwards of cistern
weeks, as Mr. I.evick, who lives very near me, knows perfectly,
nor dues my surgeon give any hopes of my being able to get out for
many months.
`• The return in question was made while I was confined to my
bed, and Rour clerk was by any means it.duced to return a sale not
suicide and !Keno /ide correct, it was without my knowledge.
•• I cannot suppose your object in laying these informations vin-
dictive, but with the view of preventing any undue return for the
future, anti as this end must be fully attained by the conviction
which took place at the Mansion House, I put it to your candour
and liberal feelings, whether, under the peculiar circumstances
above stated, you can deem it necessary to proceed any farther
against us in the business, especially atter the serious injury we
are likely to contain, from my incapacity to attend to business
being circulated through the country by the newspapers.
`• 'fills will be banded to you by Mr. Lofty, our Solicitor, from
whom I hope speedily to hear that you have coasented to withdraw
the information. " I remain, respectfully, Sir,
" Your most obedient Servant,

" JOHN SAVAGE._

Mr. Jacobs, upon reading the letter, expressed his regret to Mr.
Lofty that It arrived too late, and the proceeding must take its
course; that it was in the hands of Mr. Huskisson, Mr. Holland,
Mr. Grant, and Mr. Janie, Parke, without whose advice end con-
currence he neither could nor would do any thing in the affair ; and
he concluded with an expression of his regret that he had not insti-
tuted proceedings in the Court of Exchequer, and indicted all the
parties for a conspiracy besides.
The nest coinmunication upon the subject wan from Mr. Rey.
nolds, the prosecutor's solicitor, who reminded the opposite party
of the day uf adjournment, and said he should insist on the per-
sonal attendance of both defendants, unless he could be assured
that Mr. Walker and Mr. Garwood would be. present to give evi-
dence on the part of the prosecution ; and not, that he would
apply to the Lord Mayor to issue a warrant for compelling the at.
tendance of the defendants. Mr. Lofty, in reply, repeated. that it
was impossible for his client to appear; and that with respect to
the witnesses alluded to, he would not attempt to influence them,
but leave them to do as they thought fit. Ile also intimated, that
the defendants could plead in this as they might in any other case,
by attorney, where the judgment upon conviction could not be in-
carceration. In a subsequent correspondence, Mr. Lofty stated,
that his client, Alr. Savage, would endeavour to be brought to the
.Mansion-House, although it would be at the risk of his life ; and
Mr. Reynolds replied, that it was only ter the defendants to request
the witnesses to obey the summons to prevent such hazardous con-
sequences.
When the LORD MAYOR and Alderman VENABLES, who pre-
sided, called upon the prosecutor to proceed with his case yesterday,
Mr. Law stated, in objection to the course Mr. Holland intended
to pursue, that in the ease of the King c. Simpson, it was shown
that many Acts of Parliament that appoirt a forfeiture or penalty
do not give the Justices power to bring the offender before them.
the words of the Court being " an for the other order of conviction,"
whereby it appears the defendant made an attorney 40 defend Mr
him. We thick that is certainly good, for the offender may entrust
Iris defence with anothir, and the Justices cannot enforce hint to
appear in person. In Paley's work on convictions, it was also said,
" For offences arising by penal statute merely, and not connected
with any breach of the peace, a Justice has no authority, as neces-
sarily incident to the cognizance of the offence, to apprehend the
accused in the first instance, or even after a summons and default,
but can only summon him to attend, and in default of his appear-
ance proceed rsporte." The Learned Counsel argued, upon those
authorities, that the Lord Mayor was bound to proceed upon the
case in the absence of the defendants, air: Lofty, their solicitor,
being present to defend them.
Mr. Bostmas was of opinion that the authorities first quoud
had no reference whatever to the present question. He inimcdi.
ately called the "-unease., but in vain. Indeed, he did not expect
their attendance, and without them he could no nothing.
Mr. LAM said he tendered Mr. Lofty, in the place of his clients,
to plead Not (lenity, and he called for ap acquittal.
Mr. Boisamn—By no means; you are not entitled to acquit-
tal. I shall withdraw the information, because I have no evidence.
Mr. Law pressed hard for an acquittal. Hia client Mr. Savage
had, he said, at the risk of his life, come to the neighbourhood of
the Mansion-house, but by his ( Mr. Law's) advice, he would not
appear, as the legal objections which presented themselves ought to
be taken advantage of.
The LORD MAYOR decided in favour of the course pursued by
Mr. Holland.

31r. Law—i'llen we are to understand that this information is
not to be visited upon us again ?
31r. 130LLAND—No. We shall not set upon this information
again.
Mr. REY/corns—But you are not to understand that we are,
therefore, not to prosecute you for any future °hence of the kind.
It was observed in a conversation upon this subject, which has
not at all abattal in interest, that two eminent cora-factors have had
frequent conference with 31r. Iluskisson and 31r. Grant, who, they
say, are both of opinion that the ports should be opened, and that
a duty of 23 per cent. would be a sufficient protection of the agri.
cultural interests—that the present system is fraught with in-
jurious consequences, amongst which the inducement to make
fraudulent returns on one side, to counteract those made on the
other. is by no means the least. Ipswich, for instance, a few
months since, returned the sale of 1900 quarters of oats,atsevrnteen
and eighteen shillings per quarter, when, in point of fact, it was
well known that there were not 9013 in the town ; and corn-dealers
were purchasing at that time, in the London market, at twenty.sis
aid twenty-seven shillings a quarter.
It was also said, that an opinion had been given by the Attorney
and Solicitor General, on :. question of a very important nature to
corn-dealers and the public. It was held by an eminent Counsel
on a recent occasion, that tr. satisfy the corn laws, a delivery of the
bulk must take place, in order to constitute a pale, for which put.
pose a delivery by sample would not suffice. The law authorities,
when their opinion was taken by some individuals interested, Raid
that " no action (i.e. for penalties under the statute) can be had on
the ground of an actual non-delivery, inasmuch as the granary.
ke.per, after notice of a sale, ticket and transfer note would be a
transfer of corn for the buyer, which would be equivalent to an
actual delivery by the seller."

We understand that the Master and Fellows of Peter-
house have recently augmented the patronage of their Col-
lege, by founding two Fellowships and four Scholarships,
the stipends of which are to be paid from the proceeds of
the very liberal donation of the Rev. Francis Gisborne,
M.A. fornieily Fellow of that Society. The Fellows and
Scholars on this new foundation are to bear the name of
the donor.

ACLOMBIODATIONS AT INNS.-.-THE KING V.
We mentioned a few months ago, an indictment found at
the quarter Sessions at Lancaster, against Mr. Pritt, of
the King's Arms, at Lancaster, for refusing to furnish
Mr. IVemyss, solicitor, of Appleby, with necessary rest
and refreshment. The indictment was wetted to be tried
at the Sessions held there last week, but was removed by
the defendant into the Court of King's Bench, and stands
for trial at the Assizes. We understand the facts of the
case were these :—The prosecutor went to the King's Arms
late in the evening, and expressed a wish to sit up until
the arrival of the mail, at two o'clock in the morning;
but as the mail stopped at the Royal Oak that night, the
defendant's waiters desired him to go to that house, as it
was inconvenient for them to sit up. Tie declined going,
but the waiters finally refused to permit him fo remain at
the King's Arms. The defendant, we believe, was in bed
at the time.—Line rpod Advertiser of Tuesday.
Wednesday the Rev. John Arundel Radford, A.B. was
instituted to the rectory of Nymet Rowland, in Devon,
void by the death of the late Rev. IVillian3 Radford ; and
on Thursday he was instituted to the rectory of Lapford,
Devon, also void by the death of the late Rev. William
Radford.