The British Press; or, Morning Literary Advertiser.
London, England, 1825-08-19 00:00:00

TAUNT LEROY AND CO,

This was an appeal from the Vice Chancellor, who referred the
puttee to a Court of Law, which his Honour considered the proper
tribunal to determine the question in dispute between them.
This case was partly berrd on Wednesday, when Mr. HiptitrE,
on behalf of the petitioner, stated the facts of the case to be as
follow : _ _

The petitioner, Mr. Baxter, wu an owner of several unfinished
houses in Park-present, Portland-place, and had entered into a
contract with a Mr. Woodcock to sell one of them to him, being
No. which was to be finished according to a specification an.
ruled to the agreement, the terms whereof required that the a bole
of the buildings should be completed on or before the Ist of June,
1824.—possession given, and an assignment obtained by him of
the leave of certain adjoining premises, on which a coach-house,
stables, Ea. were to be erected, in consideration of which he was to
receive front Mr. Woodcock the sum of 50501. By way of secur-
ing the payment of this money it wu agreed that the same should
he deposited in the hands of • third party, upon the terms of the
contract. Mr.liazter was at that time • customer of Marsh, Stacey,
and Co. It was agreed that the .511501. should be deposited in their
hands, and an indenture was accordingly made between Mr. Box.
ter of the first part, Mr. Woodcock of the second part, and Mr.
StratrY and Mr. Graham oni.: of the third part, wherein it wu
stated, that the 50501. had been paid by Mr. Woodcock
to Messrs. Stracey and Graham, upon trust, that if the terms
or the agreement were complied with by Mr. Baxter, to
pay the same over to him ; but it not, then to pay it
Lack to Mr. Woodcock ; and in such use Mr. Baiter was to pay
interest for the money from the time it wu deposited to that of its
hang repaid. This agreement contained a covenant on the part of
the t!usteev, that if Mr. Baxter did not complete his contract by
the I.; of June he should pay to Mr. Woodcock 101. for every week
that he kept possession of the premises after that time. The house
was not completed by the time stipulated, but instead of Mr.'
Woodcock insisting on the terms of the agreement he extended the
period in which the buildings were to be finished ; and finally took
prrvesvion of the premises in August, 1824, having from time to
time varied the original contract, sod undertaking to do such work
as yet remained to be done. In September following Mews.
Marsh, Stracey, and Co. became bankrupts, and Mr. Baxter at
that time was indebted to the firm in the sum of 15,0001. He had
assignees 10,0001., and required that the 3,0801.
hands of Messrs. Stracey and
'tiding agreement, should be
remaining five thousand pounds.
objected. contending that, in the
into the bankers by Alf. Wood.
Stracey and Graham ; and, se-
considered that these two gentlemen
still, inasmuch as the terms
ern had not been fulifiled on
A bring completed on the Ist of
y did not become Lis, but conti.
oodeock, who alone could claim
to these arguments, he sob.
,4 payment to Dlr. Stracey and
payment to the whole firm, the
ig used on the situation of the
'ent to do so. It was perfectly
to De g aassmodon with the
Imo boom Awed to remain
4=lllnsides, on the
.thooboeke or Mr.
Ili Ohm doe Wood the agree.
that when Mr.
Nos ke Ansa M. the coo.
emsoy booms the weoperty of
albbab al Me. \Vadat k Aim-
be moodised the eon-
is Meg Mr.
mug me bobtai to
ot IMitose g Dekker me k
was k It ase=l:
Maim ot eke
deka Add dee Marko

browwanu on
rad Friend was 0
lanes of Mem.
'M awt coma my
immems 61
. Names, sod
, dr Mit due
ft eptudemst a ea
batmen OW nine
• wpm" debt.
stienied with
which
=lllelme tb
r
by die law
bid IWO r • very
OM' an a,.
an
ttletoe would not
rupee. because

of mutuality. The next requisite was, that
mutual debt existing between the elms path, at t.
bankruptcy. If he had an account with a man,
bankrupt, and who previously to that paid him &lOU
which he (Mr. M.) transferred to mother person, wits
happen to be the holder of it at the time of the banknertege.
bill should afterwards be returned to him (Mr. hi.), h.l.
Refight of set-off; because, at the time of the commiesisolamait,
howae not the persen to whom the debt was due. ih..40 so.
a=-pane Flak, clearly established this point. The amount attthe
time of the bankruptcy stood thus:—Marsh and Co. 1p account
with Baxter and Omhara, Baxter and Woodcock in account with
Mania and Co. Now. this must either meld Baxter and Wood-
OT Woodcock only, or Baxter only.
The Loan CJIANCtLLOH—They must contend, as It seems to
me, that at the time of the bankruptcy Marsh and Co. was in-
debted to Baxter._

asp
wflie • b•

Ale. riourez—ueruunty.
Mr. MONTAGU—JUAt SO, my Lord. How then did it stand?
At the time of the bankruptcy, was the trust so executed, that
Baxter could claim the money, or if the bankrupts paid it, would
they not have violated the trust? The terms of the died, INN
clearly not complied with.
The LORD CHAVCELLOR—WouId not the question hapital
*posing. instead of a petition, Mr. Baxter had filed hisiMs
Mated, that Mr. Woodcock had thought proper to take peviermilet
lithe house, taking upon himself to finish the repairs, was.
elevey to be considered, in equity, the meow, of Baxter?
Me. &lox rstaty—That is the question. Insole
sees 4.
MIN inu not completed at the time of An
1: =lf ilsis
ng:Tereavet:dec. ut7ete sisal then •
M. *pee. that the money at the time it mr lota the 'of
11111111patess. remained the property of Mr ti= : and that as
=lion which it was to be paid to & , had not been
at the time of the bankruptcy, the roam still continued
OP le the property of the person who paid it in. \With respect to
that part of the petition, which prayed that if the petitioner should
be denied the right to a set-off,• he might be allowed to prove
against the separate estates of Mr. Graham and Mr. Stracey; he
would observe, that if the petitioner had a right to prove at all, it
was only against the four partners jointl the mimeo of the two
gentlemen having been, as the petitioner himself had stated, steed
0114 for convenience.
Mr. PEPYS followed on the same side.
Mr. /longs replied, and contended that from the moment the
terms of the deed were deviated from by the two contracting par-
ties, it ceased to operate on the guarantees ; they were entirely re.
leased from their obligations, and the character that remained with
them was simply that of depositaries of the money, and then the
question was, whose money was it at the time of the bankruptcy ?
The Learned Gentleman again contended, at considerable length.
that it was the money of the petitioner, and his alone, and that he
was entitled to set it off against the debt claimed from him by the
aseigneett.
The LORD CHANCRI.LOR observed, that it• approved to him,
from what had been said by the Counsel at the bar, that If there
was not a right of set off as against the four partners, there could
not be any right as against the two ; and for thin reason, the right
of set-off depended upon this, whether. at the time the bankruptcy
took place, the bankrupts were indebted, either in law or equity, to
Mr. Baxter; if they were, then his opinion was, that gentleman had
a right to set off thatdebt ; but, on the other hand, if they were not
indebted, ,hen neither would Messrs. Stracey and Graham have
been. But this case would have been as plain as noon day if it
had depended upon the contract. He believed there was hardly
any man who had any thing to do with builders but what knew
that if they interfere with the terms of the contract, they generally
release the builders from his obligation ; and if so, of course the
guarantee or security must be released also. The contract stated,
that Mr. Woodcock had agreed to purchase the house from Mr.
Baxter, which was in an unfinished state ; and Baxter agreed to
erect a coach-house on a piece of ground, and finish the house
within the time, and in the manner, as in the agreement was men-
tioned ; so that the time and manner formed part of the contract.
It then went on to state that Mr. Woodcock, with the consent of
Baxter, had paid the sum of 2,0501. into the hands of Graham and
Stracey, whom he should consider to mean Marsh and Co. upon
trust, &e. Now, there can be no doubt, that if the trusts were
not varied, they must be the rule of the decision of this case ; but
if they had been varied, then the question was, what should be the
rule of that decision ? Then there was a covenant by Baxter, that
he would, on or before the let of June, finish the meesuage, out-
buildings and offices, acconling to the specification contained in
the deed. Could any man doubt that there was a complete end put
to this covenant after it had been sworn, that Mr. Woodcock, be-
fore be took possession, had varied the terms of the agreement,
and that the buildings were carried on in many respects contrary to
the specification ? Then it was agreed that there should be an as
of the stable. There was another variation, for instead
of an assignment, the lease itself in substituted. It afterwards sti-
pulated that if the work should not be finished by the Ist of June,
then Baxter should pay Woodcock 101. for every week that should
elapse until the finishing of it. Now, if these variations were di-
rected by Mr. Woodcock, it would seem to hint • very ex-
traordinary thing, if' any Court of Equity would have per.
muted that person to have recovered such a penalty as this ;
which, with respect to the guarantee, was very material ; for, if any
thing in the contract had been varied, the consequence would be,
that the guarantee would not have that security to pay the penalty
according to the agreement, to which he was clearly entitled. It
WAS then agreed between Baxter, \Woodcock, and the guarantees
(however the guarantees might be put out of the question in his
vies of the case), that until the buildings should be completed and
possession given to Woodcock the premises should be under the
care and management of Baxter; so that if the possession was
given up before the completion, then Baxter would not have the
care and management of the buildings, which however seemed to
be essential to his fulfilling his contract. There was also a pro-
vision about the ground-rents, which were to be paid from and
after June. He apprehended that when Woodcock took possession
he could tot have refused to pay these ground-rents. The agree.
ment then went on to say that the trustees were to stand possessed
of the money upon trust, that if Baiter should complete all the
works, and assign the premises to Woodcock on or before the Ist
of Jane, according to the true intent and meaning of these
presents, the true Intent and meaning of these presents meant
nothing, unless they were the terms he had just mentioned.
Ile did not apprehend that the non-execution of' the lease would
have been a bar to Mr. BIM!r to claim the money, if the necessary
parties refused to join in It. The money was directed to be repaid
to Mr. Woodcock, if Baxter made default in performing his part
of the agreement. He should be very glad to know whether in any
Court of law or equity it coul.l have possibly been contended, that
after Woodcock had taken Ns:Amnon lie ought to have the deposit
returned to him ? He admitted, that if when the money was first
paid to Marsh and Co. he had been asked was it the money of
`Woodcock or of Baxter, or of both, he should have said-1 cannot
say that it is now \Woodcock's. nor Baxter's ; and I am quite ready
to say that it is not the property of both, and if the bankruptcy had
occurred before the lot of June, I am ready to say there would
have been great difficulty attending it. But this difficulty must
have been overcome, and some proof would have been given, the
benefit of which would have been given to the parties. If this
contract was to decide the case he was bound to say that Baxter was
not a creditor of Marsh and Co. nor was he a creditor of Graham
and Stracey. But when he made this declaration, it appeared to
him that he bad pronounced a judgment which had no
reference to this case, for the ease which required his judg.
meat was in total annihilation of the covenant (so to speak).
Then if this covenant formed no rule of decision, what did?
If a roam was foolish enough to vary the terms of a contract, he
thereby rendered the guarantee no longer liable, and enabled the
other party to say there was another contract substituted between
them. He had not the least difficulty in saying, that if this was a
i variation of the contract with respect to the manner of payment of
the money, as it was in the manner of performing the work, that
there would have been uo difficult) on the part of Mr. Baxter in filing
'a bill for an order that the bankers should not pan with the money
in any Way, because it was his. Besaase if the contract was to be
considered completed, the money co instanti became Baxter's ; and
although the law would not, yet a Court of Equity would have
given him a right to come here and stay the bankers from dispos-
ing of it. He thought therefore, taking the whole of the
transaction together, and the understanding of the parties,
that If this money was not In law Mr. Baxter's, yet he had
a right, in equity, to say it was: his opinion at present was
so. This was Lis present opinion ; if he should vary his
judgment between this and Monday morning, he would inform
the parties of it ; but if he did not, they were then to understand
him to decide that Mr. Baxter had a right of set-olf.

EXPARTH THE SANK UP ENOLAND:IN HE JIAIISU,STHACEY,
AND CO.
Mr. lIIONTAGU mert,oried this case to the Court. It was
concerning certain claims made by the Bank of England ; and the
assignees prayed that, pendiag the investigation of those claims,
they might be allowed to set aside a certain part of the assets to
meet such claims, in order that they might be at liberty to pay the
second divider.d of 33. 411. in the pound, to those creditors whose
debts had been proved. His Lordship had been pleased to order
that it should be referred to the Commissioners to inquire what
was the amount of the claims, and whether there were sufficient
assets to pay the dividends, supposing the Bank should be entitled
to prove their claims. The Commissioners had made these in.
quirks, and row reported that there was, in their judgment. estate
and effects sufficient to secure to the Bank the dividends pari passe,
with the other claimants, on the sums they claimed ; and the Com-
miaaioners had rendered a statement of what these assets were.
His Leonetti r asked FLisr touch had already been paid.
Mr. MONTAG u—A dividend of 3s. 4d. In the pound had already
been paid, and another of that sum would be paid in a short time.
Making every allowance for bad debts, there remained 176,9081.
available assets. The twi.rimunt which the Daub of England
obillmed to prove was 84,024/.. The amount of the balance would
ha , out of which the second dividend of 3s. 4el. would be
He was seas that Wan ample fund was set apart to secure to
OM *di that the batik would Dot Um, any obstacle

be arlestalsed.
His LoansMie mid the bad in referring the one to
the Commissionen was to me er they could make a metificate
to *ds the Beek. Me. per to him a soft of objet.
Lion, by asking whether be sake an order to secure the
lot*
money le the Mak, a thing ehlthi "resent, he thought he could
not do $ end la the rat Owe Mei been asked as to when the
debts world bileoisva. Now he moo not Inquire into these dr.
-cumstances. It was fee the ask te do that. If they were not
satialled with that security, he NAN set compel them to be ro.
Mr. PHILLIMORE followed Mr. HART.
Mr. MONTAGU stated that the Assignees and Commissioners
had winnowed the chaff from des wheat, and had fully satisfied
themselves that all the sums they bpi stated were available, and
did not depend upon any continents".
Mr. HICICERSTETH, on the MEM side with Mr. HORNE, said
they were not satisfied with ibis stellement, because they had not
seen the securities nor the armee* if his bordaltip could not
make an order unless they were enekgel, be would repeat that the
were not satisfien.

Mr. MONTAGU
land having an opportunity
The Loin) CH

doubt whether the

for those Who had

Bank of England,
securities, had said,
they were better judges
had said, there seemed
at the securities, and '

could mention the

EX-PARTE 11EXE

This was an appeal h.
recting an issue to be tried
Dlr. HORNE stated that the petitioners, Ilfr. flume and Mr
Ooodchild, were the surviving trustees under a settlement made
by Colonel Bellis, in 18110, whereby he invested certain monies
and stock in the names of the two petitioners and Henry
Fauntleroy, as trustees, to pay the dividends to him for life, and
after his decease to his family. Colonel Hollis had, previously
to this, transacted business with the bank in Ilerners-street, who
had received the dividends on the stock which was now included in
the settlement. Mr. Fauntleroy continued therefore as the acting
partner of that firm, to receive these dividends, and to give credit to
the Colonel for them. The Colonel died In 11123, and then an ac.
lcount was opened, in the name of the trustee, with the firm, the
Rome of the Colonel having hitherto been used. When the
.bsukruptcy of Marsh and Co. took place there was a balance due
to the trustees, amounting to 1,1771. ltia. lid., which they claimed
to prove against the estate; but the '..3ommisitioners had refused to
admit their proof, stating that, in point of fact, the money had
ewer been paid into the Bank; for that so long ago as October,
ICIO, Henry Fauntleroy had forged a power of attorney, and sold
ant the stock, and had fabricated the entries in the bankrupts'
books, to prevent the forgerpfbeing discovered. The question
therefore was, whether these entries, made by the acting
partner of the firm, bound the firm or not ? His Honour thought
It a question for a Jury, but the petitioners wished to have his
Lordship's opinion upon the subject. The Learned Counsel con-
tended that if It should be decided that bankers might deny the
lecurscy of their own books, which were as much the muniments
ot their customers as their own, the consequences would be most
sisinous, and would work very serious effects in the commercial
world.

Mr. :if ow7Aotr, on behalf of the assignees, argued at consider-
able length that the decision of the Vice-Chancellor was correct.
It had been fasted, with very pest confidence on a former occasion,
that the money had actually been paid into Bank, but on inspec-
tion of the books it appeared to be otherwise. The course pursued
by Mr. Fauntleroy was to give the dividend warrants which actually
existed to the clerk to obtain the dividends, and then for the money
which ought to be received for that part of the stock he had fraudu-
lently and by forgery disposed of, he himself made the entry into
the books, giving Colonel Bellis credit for it, thus charging the
firm with money which never was paid to them.
Mr. PE PYS followed on the same aide.

Mr. 31oNTAciu handed to his Lordship a book from the house
of Marsh and Co. where it would appear that a sum of 4,60 W. was
stated to have been received limn Martin and Co. (into whose hands
Fauntleroy paid such of the dividends as were received) for the use
of Marsh and Co. that being the exact amount of the forged divi.
dends. But when application was made to Martin and Co. to
ascertain whether their book corresponded, it was found they did
not by that very sum.—The book. of Martin and Co. was also
handed to his Lordship.

Mr. HORNE replied. arguing at great length, that for all civil
purposes the partners of Fatintletoy must be considered cognizant
of the transactions that heal taken place, as to the unjust transfer of
the stock. If they were not, then they proved themselves to be
most grossly negligent ; but it was impossible to believe that they,
for the space of three years, would, and did suffer their books to
remain uninspected by them. Nothing could he more dangerous
to the public than the argument that had been used, namely, that
the partners of a banking concern were not bound by the entries in
their books. Hut it was quite impossible that such a fraud as this
could have gone on without the other partners having, in law, if
not in fact, such a knowledge of it as to make them liable. If they
were permitted to say that they did not know of such things, and
were not therefore responsible for them, then the law itself was no
security ; but he would take upon himself to say, that the law did
not tolerate such a position. The petitioners wereprimafack enti-
tled to prove, particularly as the bankrupts were in a situation
which enabled them to ascertain how the facts really stood, while
the petitioners could not know anything but what was commuui.
cated to them by their partner.
,The LORD CHANCELLOR considered the present question to be
one of very 'treat importance as if respected the commercial world,
and one that was highly proper to be sent to a Jury. It' he were
now trying this before a Jury C some
he 'Could have soc very considera-
ble doubts as to the manner in which he should give his charge.
lie conceived it to be of infinite danger, to say the least of it, if'
bankers could be permitted to go the length of saying to their cus-
tomers, that by reason of their negligence, or the misconduct of one
of their partners, they the customers) should be deprived of all
power to prove their clams upon them, and that their books were
not open for inspection, nor were they any evidence against them-
selves. It was not consistent with the interests of the commercial
world that bankers should say,—we were so negligent to see into
our own concerns, that we have for several years been giving you
credit for money which was never paid to us. and which we will no
longer allow to you. In his opinion, this was a case which
must be decided by a Jury, where those books would be
evidence against the parties. It was doubtful to bin whether the
bankrupts ought to be admitted evidence on the trial against what
was stated in their books. lie thought that the issue should be
altered so far as to direct the trial to take place in London,
and not in Middlesex and before a jury of merchants ;
Nand he thought also thati these books ought to be produced
into the Master's office, and that such of them should be produced
on the trial as the parties might require, upon giving a previous
notice to have the same brought forward. lie would not hint what
his opinion was on the subject, that it might go with less prejudice
to another tribunal than it otherwise would, if he were to express
that opinion.

VICE-CHANCELLOR'S COURT, THURSDAY, Ave. 18.
After hearing arguments on several bankrupt petitions of no
public interest, the Court adjourned till November.

A subscription has been raised at Manchester, amount-
ing to half a million, fcr the purpose of making a broad
street through the whole of that town. The street will be
even broader thaw Regent-etreit.' Pt.
RE-ESTABLISHMENT or ritt 'SOIIIONNE.—A recent
letter from Paris states, that the motive for the re-esta-
blishment of the Sorbonne, which, like the return of the Je-
suits, is disguised under a new name, is to form an eccle-
siastical militia capable of combining at once heretics and
philosophers. Never was there, however, so strong a dis-
position in France to separate from the Catholic Church,
and to adopt Protestantism, as since the priests have taken
upon themselves to interfere in all affairs, public and
private. The abjuration of the Catholic for the Protestant
faith by a rich merchant of Lyons, was at first regarded as an
effect of party spirit ; but the affair assumed a different cha-
racter when the merchant published the grounds of his con-
version. It was then perceived that his change was not to be
attributed to religious indifference, but that it was founded
on a deep and rational conviction. The new convert has
published at Lyons his reasons for separating from the
Catholic Church, and of this the Government did not
venture to complain ; but a Paris journal having reprinted
the document, was immediately seised. It was not thought
prudent to interineddle with the pie-chant, because be bad
all the zeal of a man acting from conviction, and to engage
openly in a religious prosecution; but no ceremony was
thought necessary with the second, for it was easy to per-
suade the public that an opposition journal might be more
moved by party spirit than religions feeling. This public
abjuration of Catholicism is not, however, what moat alarms
our clergy; they are far more vexed at the course taken by
several fathers of families, who, though Catholics born,
choose to educate their children u Protestants. This
goes on quitly, without any oateibtion, and there is no
way of atoppiog it.

rivrsLuainrcH.
INTELLIGENCE EXTRA.
FIRST SPRING MEETINO, 1827.
wuzsroot,
eicsi!gralL Osil Silks Sib.,
r r yst aty:Lio=
out
b, diet' er.
• Oeenoe. by Eked's, ems of Fair Helen.
out of dominoes.
y Wbal cwa.out of Vigoette.
Sllpslop, by Smoleusko, out of Old Maid.
EGHAM RACES.
expected at this meeting, which commences on
following horses are entered for the gold cup
Royal . ..less the Duke of Clarence ns. Falstaff, 4 yrs.
of Wood ns:Hurly Burly, 4 yrs.
Mr. Ramsbottom's noising., 3 yrs.
,Mr. Coekburn's Agnes, 4 yrs.
Mr. Whiteside's brother to Antonio, 6 yrs.
Mr. Shard's Ruor,4 yrs.
Mr. Whiteaide's Picton, 6 yrs.
Bell's Life in London names eh. e. Comestible, by Walton •
Mr. Scaitit's Blunder, 5 yrs.
Duke of Richmond's Spree, 4 yrs.
Mr. Ockendon's Triumph, 4 yrs.
Lord Palmerston's Biondetta, 6 yrs.
Mr. 51 esser's Vargas, 4 yrs.
Mr. Ptckfoed's Monimia, 4 yrs.
Mr. Osontlett's Mina, 5 yrs:
Mr. Page's Silkworm, 4 yrs.
Mr. Scardi's El Dorado, 4 yrs.
TATTERSALL'S, Totrnstiaw, Aye. 18.
The betting today was more general than for some time past,
and the Derby and Oaks came into notice. For the St. Leger the
alteratMns are scarcely perceptible. Alderman is gone back to even
"Ina with Redgauntlet. The odds are as under.
ST. LEGER.
apt Memnon 18 to 1 apt Cleveland
apt Alderman 18 to 1 apt Whisks.
apt Redgauntles 19 to 1 apt Dauntless
apt Homer 20 to I apt Trinealo
apt Addy 32 to 1 agst Pastime
the field apt the four first (taken) ;,1,100 to 1,000 Alder.
Homer (taken) ; 1,000 to 1,006 Redgauntlet apt Homer

'ANY.
agst The General 17 to 1 apt Monarch
apt Cedric 21) to 1 agst Baron Munchau-
-17 to 1 agat Bolirs, sen.
OATS.
Bto 1 agst Paras3l Il2to 1 agat Augusta
10 to 1 agst Henry 12 to 1 apt Quadrille.
12 to 1 apt Fawn

CRICKET.
A grand match was played yesterday at Lord's Ground, Mary-le-
bone, between eleven of the L xbridge and elven of the Kennington
'Clubs, during which the superior play of the former was very evi-
dent. The game was decided in favour of the Uxbridge players,
as will be seen by the following statement :
, 'KENNINGTON. 1 UXBRIDGE.
Ist iwe. 28 DO. lit its. 2d DO.
Mr. Bird . 1 1 Mr. W. Batt - 38 11l
1 James . 10 17 Nicholas . 2 24
Everett . 5 11 Sewell . 14 8
Speck . 12 0 Newman . 0 0
Johnson - 2 17 Gret ille . 13 0
Plank . 6 1 Newman - 1 0
Rich . 12 1 Elliott . 5 0
Lunn . 3 6 Mercer . 0 0
Dennee . 3 3 Powell - 0 0
Bache . 0 3 Batt - 2 0
White . 0 4 i Cox . 0 0
Byes - 1 3 Byes - 10 0

69 67
Uxbridge winning with

line wickets to go down.

GRAND REGATTA.—MR. KEAN'S PRIZE WHERRY.—The
river above Westminster bridge was yesterday crowded with boats
of every description, and if we eay a more respectable company ne-
ver graced the bosom of old Father Thames," we do not exag-
gerate. Mr. White, of the British Fire Office, had the whole ma-
nagement of the wager, and he performed the duty with much cre-
dit to himself, and to the satisfaction of every person present. There
was not one regular galley absent on the occasion. The starting
galley, in which the tragedian was placed, was manned by the
watermen of the British Fire Office, having their foreman, Mr. C.
White, as the cockswain.
The time for starting was fixed for two o'clock, but it was nearly
half.past three before the boats started, the craft having driven up
with the tide just at the appointed hour.
The distance to he rowed for the first heat was from Westminster
bridge to the Lawn Cottage, and again to the fled House, Batter.
sea, to decide which the following men started, viz. :
James Joyce, of Arundel.stairs, and William Noulton, Lam.
beth, scarlet.
Charles Mills and Henry Vincent, of Hungerford, purple.
George Maynard, of Lambeth, and Ambrose Hallam, of Vaux-
hall, white.
J. Evans, of Waterloo-bridge, and James Covington, of West-
minster, light blue.
George Jones, of Banksidc, and Robert Croker, of Vauxhall,
pink.
Wilson Emery, of Hungerford, and Samuel Finer, of Vaux-
hall, green.
William Williams, of Waterloo-bridge, and George Heath,
jun.. of Hungerford, yellow.
The three first of the above men were entitled to row for the
second and grand heat.
At starting, scarlet had the lead, closely followed by pink and
white, yellow closely passing the whole of them. On passing
Vauxhall-bridge, the four first boats were so close together, that a
common sheet would have covered them all. aat this period, the
boats were placed as follows :scarlet, white, pink, yellow. green,
light blue, and purple. On arriving at the Red House, the head-
most boats were so closely on each other's bow, that much conten-
tion ensued as to which of the boats scarlet and white, were a-head.
On their return down, however, scarlet had the lead, white close on
their quarter, followed by pink at a respectful distance, yellow
closely pressed the hindmost boat, and it was the general opinion at
the Red House, that had the competitors to row two hundred yards
farther, yellow would have been in for the grand heat.
At a quarter after after six, scarlet, white, and pink, went off to
their moorings, to row the second and grand heat, viz.—from the
Red House to Waterloo-bridge, up again to the Lawn Cottage, and
down again to the Red House.
At starting scarlet had the lead, but while closely pressed them.
and on rounding the bridge scarlet seemed to be losing ground.
Eventually white shot a-head, and scarlet, completely dead beat,
resigned; white now shot forward in excellent style, and came
in the winner, followed by pink at the distance of about a boat's
length.
On the whole a better contested race has not been witnessed on
the river Thames for some years. Very heavy bets were depend-
ing on the occasion, and the result will give a bolus to the knowing
ones.

AULD RODIN GRAY.—Such is national prejudice, that
many well-informed Scotch people contend that this ex-
quisite melody is originally Scotch, though the author i
yet living, and well known—the Rev. Mr. Leeves, Rector
of Wrington, in Someisetshire.—lfeading Mercury.
ATTACK or Wsses.—On Wednesday forenoon, two
gentlemen of the names of Page and Ship, residing in
Crawford-street, Mary-la-bonne, having some business in
he country, were travelling past the demesne of Viscount
Mansfield, at Caen Wood, in a tilbury, when suddenly
they sustained a dreadful attack of wasps, who in actual
myriads swarmed around them and fastened upon their
faces, and indeed covered them ; the horse too did not'
escape the general onset, and such was the pain occasioned
by the sting of the insects, that the poor animal reared and
plunged in an alarming manner. Mr. Ship jumped out of
the gig, but his insect assailants fastened on his face so
thickly that he sustained a momentary • deprivation of,
sight. His friend could not move, but roared with pain.
At length some farmers men, who cbscrving the cause of
the uneasiness of the gentlemen came up, and calling upon
them to throw off their coats and hats, which were covered
with the wasps, soon dispersed and scattered in the wind
this dangerous host of insects. The only cause which Mr.
Page thinks urged this singular attack was, the fact in
some boys having pelted the wasps' nests which abound of
that neighbourhood. Mr. Page's face is covered with
blisters, and indeed both suffered considerably.
whose case we noticed last week, died in the In-
firmary on Friday. A Coroner's inquest was held on view
of the body in the afternoon, when a verdict of Wilful
Murder was pronounced against Kelly, the man who has
been in custody on suspicion. He has since been com-
mitted to Lancaster Castle.—Lieerpool Courier.
SCICIDES IN sue CITY OF WESTNIINSTIR.—The
general inclination among juries to assume the existence of insanity
In most cases of suicide, is strikingly illustrated by the returns for
the City of Westminster. During the last 13 years, there are only
live cases in which a verdict of felo.de.se has been returned. They
occurred as follows :—December 1812, a man ; September 181 h,
ditto; November 1316, ditto; blarcit 1821, ditto; June 1823,
ditto. The aggregate number of suicides during the years 1812 up
to 1316 inclusive, was 129, being an annual average of 23 4.5, and
that from the year 11116 to 11124 inclusive, the number was 161,
making an !average of 201 a year, consequently there has been
during the last eight years, a reduction on the average of neatly sis
suicides every year, and that too in a city containing, according to
the census of 1821, one hundred and eighty one thousand inhabit.
ants. It appears that the number of men committing suicide, ex.
ceeds that of the other sex, in the proportion of five ha two. The
gloom of November it has often been asserted, predisposes English-
men to hang and drown themselves; but it maw in no
instance have the suicides during that month the fair
average, and that in Dom Wining they hays We decidedly
below it.

1117MPOOL, Wzoxitiersay EY MVO.
Wind N.W.—High water 7 m. p.l.
Arrived the Triton, Churn, from Charleston ; lliontinnma,Pons,
Rom Philadelphia; Herrulits, Mouneey, from Baena Aytes,
BAUM 6th June; Ann, Lewis, from St. Petersbatigh ; Louisa Au,
crßichter, from DantsiF ; Corinthian, Hall, from Savannah ;
ett'ia, You, from Dantsig ; Direcdon, Roast°, from Rip ;
and One's, .--, from Ar,thangel.
The Mary Wade, Monteith, from Aries, arrived at Chill 16th

;.e Six Brothers, —, from Valparaiso, strived at Chill lth
April.
The George the Fourth, and the Minstrel, from Liverpool, h
arrived at Chili.

Our Cotton Market is rather pressed upon by sellers ; however,
there have been sold this week about 4,000 bag.,. of which 1,600 to
2,000 are taken by speculators. Prices may be quoted at Id. to Ad.
per lb. lower than last week.
On the sth June, there was given the most superb ball at &mos
Ayres that ever was witnessed at that place. It was on occasion of
the acknowledgment of their inderpendencs.'
Sailed yesterday the Florida, Pinkham, for New Yotk.
Sailed today the Courier, Hudson, for New Vork.

•, 3 ..._. ..... .. _-....---- .., „. ............
',ince paid the assignees 10,0001.' and
which had been deposited in the hands
' Graham on account of the buildini
considered as a set off against the remait
To that proposition the Assignees object,
first place, the money wu nut paid into tl
I. cock, bat only into the bands of Street
away, that If it were to be considered
, ...-
represented the firm in this tnumaction, st
upon which the money was held by them
the pan of Mr. Halter, the house not bei
June. as stipulated for, the money did I
need to be the property of Mr. Woodcoc
it of the Asaignees. In reply, however, to
mined that, in the first place, the pal
Graham was, in point of fact, • payn•
tie names of these isedemen babe sae
firm, that it mold be owe •mnt
c:„..r, that if it had set bees homed* it
banking-house, this mom mold set ha
a u prod Wive is sir hands et these tiro ri
(audit of this my deposit the husk bed in
kiaster, With memo * the d
in ent bed mit Poe sem*. 'heves
Woodendt ink essimside a iimmi
, t met me the. toesinated, and mem
Mr. Baste& it am mud is die WSW
*elf, dot en take/ messesies tif the Mei
tract popisted, and he Ineind
heater's, lend the home hie M. dpi
Me. Wisest*, that he_ W messoide II '
' Me peony ef die ain...t whesim
Air. Rama ; and ibis Wag prier et the k
hew • right is set it if spinet toy el
1 M Irmo ns his,
ile. aim= Mewed se the mete SO
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i .
t

on btiuslf et ;aped observed, that lds to the way of the midge desiring lb* dividends. He thmOt ;PORTIA'
1 thibelhow• Is Ithatetentathistered the &la or& es Imo mildty ova *Me 4010 *dug Yet
_
IR glisbey arag net es deter thelbm. Ask dim INTEL:
my web de:erir ispla Mu, XL nOttlbd slid di lied elikak be bad ao with
V heft the was XL
the owitime Weed t teen onsekaan with NEWMARKET VI
led that be eseld aer."ool"4set-of chi Nth Inteligthe. M • -thlt the aide sif sot order
IN hall him bib ` CUM& Oft re, would month Os had de=, he 1111 de etas Eweepetakee of 100 Nth,
a set.off under I theibtptey, was a mad jection is die the rl
same parties. A jelat debt could not be MAN' or P. Meseiglirril.semme. drat Mr.Vaa. C. by Pla
ebt. Alost leen ewer on this point wets mere id tlis seem yMenerethellie bre Md OM Milni . It. 's e. by ddl
tal
ith hardship—that of Stanifortls awl Farm, weds owls be wee idgethemdelasamibetid be a 11h. II f. by Come
established the law on this subject, wee la se. day m ohm el lis; • Fie Mr. Ma wee stated Mr. Tbsablein's gr. c. by
but however hard it might be _they mast be te me te the estate, odd yd was osJi valued at Dlr. Smith% b. f. by Wh
te as it stood, and loth to that alone. It Would . the Ceillmidems. Tlts Mhos et NI. ThIPIMS wit Sir J. Shelly's hr. 1. Slips
7 curious case If Henry ?madder had led that wee •esedidered pal 61110,6111. If
I act of bankruptcy before he . was died midsehtsgs were Neteerelhew mad the Et
lard as It would have been in point, of Bask be west, that WM pm be math, Unusual sport is entice
not have been one ties.eff against the prom Moss the debts .41111 ailed la • stave mad mils same W Tuesday next. The toll(
w there would net have hew eqs red ? He tame* le wee heggegmut this else Nip Arad His Royal Highness the
I'.l. Wnnel na. Hurl', Bu

s concurred la dietpasgoisty of the Bank of Eng- and the 0
portunity to how do seconnts and securities. alteration,
rANCELLOI mil, he wootrt meant to express $ betting wi
Court might hot lON &dividend to be reserved
claimed, if thagesporty was tangible. But the 3* to 1 e
, with mpg* * 4lio productire-mature of. the 8 to 1 i
but ,id, the; 1r satisfied. He was quite sure 8- to 1 i
udges than but from what nr.. Sontag-4 II to 1
:rued to beams' • Perhaps. tbareneld look lb to 1
end he shadiest cut of the reagyeeths4l4g Ito 4
t csise again. 1 .:.,.. - ' , man agat
e AND ANdTtiEl—IN HE NANSNIFfIkOrf, (taken).
AND CO.
Preal from an order of the Vice-Chaneslice, di. 12 to 1
I be tried in a Court of Law. 13 to 1