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London, England, 1821-11-30 00:00:00

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was paid out of the proceeds of the estate, on ip.
plying for the surplus, was told that there was
none, although them aught to have been a sum of
seeml thousand pounds remaining. was one which
served to exemplify the sort of interest ip a bank-
rupt which rendered it imperative upon bun to cit•
deavour to secure the appoititoont of proper per-
sons AS assignees. It there appeared that several
bills had been proved over and over spoof owing
to the omission of the Commisstrinees;:to tedurse
the usual exhibiloat un the.backs of them ;• and his
Honour might rentember,„.thst.he himself emceed-
ed in gettitig back three or four thousand pounds
which had thereby been•iiisPraperly obtained. The
present was a case of a similar nature. The pro-
perty of the book, opts, hicluding the. separate
property of Mr. Howard, was sufficient to pny every
farthing of the claims against it, and to leave to that
gentleman' a Image surplus. Surety then it became
lin duty to use every lawful means in his power to
secure the appointment of such persons for avrignitis
as would be in his opinion most Illti ly to adinioister
the estate to the best advantage for all partte..
But even should it be the opinion of the Court that
an such exertion should be made, that would rot
at all affect this case, Masinudi as the sippointment
of the assignee* had not been effected by any influ-
ence of the bankrupts. He now cattle to die eine.-
tion of an adverse interest. It had been said by his
Learned Friend. Mr. Horne, that Mr. Duff had au
adverse entered, inasmuch as it was alleged that
in the amount of his debt had been included
usiirious interest ; he would thew, however, that
was not the fact. He then proceeded to read
affidavits on this, part of the case, when be as. lc-
terrupted by
The VICI-CRANCELLOR, who said the short an.
seer to that allegation appeared to be, that Oleic
was no loan.
Mr. MONTAGUE eontinaed--That was, in fact, the
answer. What was the fact as to Mr. Carroll's debt,
of which so much had beep said already ? Mr. Cat.
roll, in order that the case might be fairly met,
presented a petition ; mid he (Mr. Montague) con-
, ceived that the person by whom that petition could
,:best be met was Mr. Shaw, with the assistance of
his Learned Friend, Mr. Horne; but they thought
•it better that the matter should remain in obscurity,
and therefore they did not meet it.
Mr. HORNS said, this referred to a petition tint
. now before the Court, and as to the supposed mis-
cooduct of Mr. Shaw in that case, he had Ou soother
occasion explained himself to his Honour. It was
not intended that in the event of this petition bring
~,granted the choice of assignee. should he proceeded
until the matter of Mr. Carroll's claim should
ht cleared up.
Mr. MONTAGUE said, it would so operate by the
delays it would create that the choice would be
. thrown among the smallest creditors. Mr. Canto!'
applied to prove a debt of 13,20 V. en three bills of
exchange, and said he was ready to be examined as
to every particular connected with those bills. By
• former petition it was sought to remove Mr. Cat=
roll from his assigneeship under the femur com-
mission. because it was said his debt wits inogrlOnt.
HIS Honour, in the proceedings upon that petition,
went so far es to see that the bill for 15,00 - which
turned the choice of the assignees, was a good one.
Mr. Carroll was ready to be examined upon
those three bills ; he declared them to be
wholly unconnected with any other transaction,
and he conceived that in proving upon them
he was not by law compelled to go into any
other account to which they did not relate, there-
fore he refused to submit to the decision of the
Commissioners, which required him to go into ex-
planations upon en old account, on which it wit;
not pretended that he was a debtor, but on the
contrary he was a creditor to a large amount. lit
refusing to do that, he still declared his readiness
to do whatever the law required of 'hilts; only re-
serving it for the decision of that Court; instead of
being bound on a point of such importance by the
opinion of the Commissioners. Here then there era.

no adverse interest. There was, holever, su adverse
interest on the other side, as he might have born
prepared to show, had not the Court already de-
clared that in deciding upon this ease, it could not
be guided by the motives of the person applying.
but only by the facts of the case, and the law twit
applied to those facts.
Mr. HART followed on the nose side. The
view taken of this case, by his Haar, had reduced
the question to a very narrow commis. That view
left only two points fur their consideration; The
first of which was, whether Mr. Carroll, having an
adverse interest, eneld be permitted 'to stand in the
situation of an assigin-e under this commissioo; and
the second was, whether, if he was without such an
adverse interest, the mode in which his appoint-
ment had been effected did not come within the ii.-
terpretatiois of being procured by'such so
influence as rendered it invalid.' With respect to
the first point. that of Mr. Carroll's fitness to be-
come an assignee in this case; if he should ul-
timately two out to be a creditor to the timoui.t
stated, or nearly an, there could be no doubt that
that could be • strong motive for his becomint:
assignee. The former commission against these
bankrupts was sued out by a person named
Campbell, under which Mr. Carroll proved, with-
out any objection from Mr. Shaw, a debt of w.ooet.
and was appointed assigner. A petition wow after-
wards filed to remove him from the arsigueeship,
by the petstioning creditor and !Mat others, on the
ground of his debt hot having been fully proved ;
upon hearing which, his Honour otweivad, that
whatever might be the case as to the legality of the
whole amount of the debt, it had been proved to
him, with sufficient clearness, that he had a chains
to an amount which qualified him to become -so
ivaignee. It as afterwards proved that Campbell
had no interesesoliatever in the estate, sod that Com-
ninision was set aside, and a new one issued on the
petition of Mr. Shaw, who had beeu canvassing for
the appointment of assignee with a degree of warmth
and snider circumstances not a little uncommon.—
There could be no doubt that Mr. Shit*, es • cre-
ditor, had a right to exert himself to bee that proper
assignees were appointed ; but, on the other hsr d,
it must be admitted that Mr. Carroll had also an
equal eight so to do. If by the direction of the
Court an issue should be sent to a Court of Law to
decide upon the validity of Mr. Carroll's debt, could
any one doubt that even that would not be deemed
a good and sufficient ground on,..adlicb be should
, be removed. by the Courtfroutlns aim :Ointment as
astignee ? Would it be said that as arsignetAit had

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access to papers Mal accolints of the bankrupts, by
•which he might be enabled to substantiate his claim?
• Every one-knew that any creditor could call for the
, t , production of any document in the possession of the
, bankrupts or their malineea, which be thought
proper for such a peeps's; besides which, as
ittpingnee under the former commission, he had for
revered months bad all the access he could desire
•for such an abject. Would it be said that Mr.
Cavell might spoliate or destroy books and papers
which might defeat his claim? Such an imputa-
tion was too absurd to be for • moment attended to.
He now tame to the neat pert of the case. It had
been maid that solicitation had been used by the
•batikrupts to procure the nomination of there as-.
• signees. It was, no doubt, the duty of the Court
to prevent the effects of any improper influence in
. such cases; but did it follow, upon any principle
of public policy, it would prevent • bankrupt
from interfering to prevent the appointment of
proper persons as essignees. It had been con-
ceded that a bankrupt had a right to exert
himself to prevent the appointment of Union.
per persons. Of that proposition no case could
afford a stronger illustration than the present
bankruptcy. Campbell, on the former commis•
• •ulna, *wore himself to be • fit person to become
assignee, as the holder of • debt of 1.0001. By
the energetic exertions of the bankrupts, however,
the points had been brought to an issue, which
•hewed that be ought never to have been admitted
as a.creditor at all. On that occasion, as on the
present, it yea imputed that the assignees had been
appointed by the influence of the bankrupts ; but
it MOOT he 'Moved that it was by the tome exertion
which detested the attempt at that improper choice.
If • fiankrupt were allowed to exert his influence
for the one purpose, it naturally followed that he
should be allowed to exert it also for the other.—
He was at a loss to discern the difference on any
principle of public policy. He could not see any
reason why, when the bankrupt was allowed to in-
terfere to prevent the election of A., he should not
he allowed to use the same interference to secure
that of B. He admitted that if the right were at all
allowed, the Court would watch with care the mo-
tives which actuated the exercise of such influence.
if an improper person were appointed, the Court
would probablyconoect such sppoiatruent with an
improper motive. He apprehended that that was the
only I►mit to which the Court wooed confine the
interference of a bankrupt in his own concerns.
In many cases it would compel him to interfere.
It would require of him, for instance, to prevent
the proving of any unfounded claim of debt, and
if he quiescently allowed an unjust debt to be
proved, the establishing of that fact on application
to the Chancellor, would prevent him from obtain-
ing his certificate. Mr. Howard slated that he be-
lieved himself, though • bankrupt, to be a solvent
• man; that be had a separate estate worth 50,000!.
and that on the books of the copartnership there were
debts due to them amounting to 100,000/. ; of
‘lthich if little more than half were realised, the
• tilsole property together would be more than suffi-
cient to pay all the creditors. He therefore wished,
as indeed it was his interest, as well as that of the
creditors, that tire arrangement of the property
should he iv the. hands of persons who would •ot
allow any improper debts to be proved, and with
whom it might be safely intrusted. Mr. Carroll,
• as a public commercial character, well known in
the mercantile world, and inured to habits of busi,
nese, appeared to the bankrupts to be a most pro-
per person ;•sad so much exertion sad seal was di—
played in canvassing for the appointment of Mr.
*haw, that conceiving him to be an improper per-
sun, they felt themselves called upon to interfere
and endeavour to direct the attention of the credi.

tors to the preferability of Mr. Carroll. If it were
a principle in the rule of the Court that a bank-
rupt was not to exercise any influence at all in the
care, then he had nothing to say ; but if it should
he allowed that he might exert his influence, but
that he must not exert it improperly, then he called
upon the other side to shew wherein the influenceof
there bankrupts had been improperly exerted. The
rarity attempt they had made to establish an impro-
per influence was in the case of Mr. Bridges, in
which they had completely
Mr. BELL followed on the same side. In addi-
tion to the two points which had been referred to
by his Learned Friend who had just sat down. he
should also address. himself to the question of the
regularity of this petition. Should those two points
be established, still he contended that the present
application was not the proper mode of correcting
the irregularity. He then referred to the Act of
Parliament to shew that the assignment ought
to take place immediately upon the appoint-
ment of the assignees, by the creditors, slid that
therefore • petition to prevent the assignment,
after assigness had been chosen, could not
stand; but if there were any substantial ground
for impeaching the propriety or fitness of such
assignees, it must be done by petition. after
assignment made for their removal. Reve►ting then
to the question of the interference of the bank-
rupts iu the choice of the present assignees, he
proceeded to argue that if the app ointment were to
be cancelled on that ground, this was nothing less,
su fact, than a petition against all the creditors who
had voted for them. It sought, in fact, to invalidate
their choice, solely because the bankrupts had wished
them to be chosen ; fur there was no pretence what-
ever to say that any person was actually influenced
in voting for these assignees by the solicitation or
canvassing of the bsnkrupts. The extent to which
such an-argument would go. would be this : that
although all the creditors who voted fur these
assignees should swear that they had not ever been
applied to by the bankrupts on the occasion, yet
their appointment must be set aside if it should
appear that the bankrupts had made application

ladder to the lop of a house without letting him
fall ; a cam which, although it rested on so weighty
and so ancient an authority as that of Joe Miller,
yet he (the Learned Counsel) could siot deem it
oss pregnant with probability us to be much relied
wpm
Mr. FIRAILD then spoke on the same side, con-
gaing himself to the two point, laid down by Mr.
Hart. With respect to the interference by threat,
as imputed in the case of Mr. Bridges, he con-
tended that, upon reference to the only affidavits in
the ease which touched nit that point, it could not
for • moment be sustained. lie further entered
into a statement of the debts proved under the
Runner commission, and also under the present,
nod of the manner in which the votes for the is.
livers had been given, and contended that the
Vesult would obese that three-fourths in amount of
The creditors were in favour of the present assignees.
Upon the whole, lie thought the facts of the case
would be found to be too weak to support the pre-
sent application.
Mr. Wirrnenet.t. theta followed on the part of
Mr. Howard. If ever there was an individual, he
said, who was entitled, as a bankrupt, to exercise
.61 influence which he 'Mehl possess to procure
tisitemsintment, as assignee, of a person in whom
place (sill contides.ce for the due admi-
'Distention of his estate, that individual was Mr.
Howard. That, he thought. no man could deny,
Lith any reference either to the amount of the pro-
perty which he here hod at stake, or to his con-
duct under the commission. And as to the suo-
ogres, or the manner iii which he had exercised
•that influence, his conduct in respect to both was
perfectly unimpeachable. The Learned Coun-
sel then went at much length into the muse
course of argument as had been followed by
Mr. Hart and Mr. Heald, contending that it was
not the interference of a bankrupt by canvassing
or solicitation alone in the choice of his assignees
that could be deemed improper, but an interfe-
rence by threat, by bribe, or by some other means,
which would have the effect of controlling a cre-
' ditor in the fair exercise of his reason, and give a
bias to his vote in opposition to his judgment.
' Mr. AGAR followed on the same side, for Mr.
Gibbs. The question, he said, was entirely a new
one, and required the most minute attention to the
particular circumstances of the case; the prayer of
the petition calling arm the Court to interpose in
is manner, which, he contended, was at variance
with one established principle of the Bankrupt Law,.
The clause of the Act which his Learned Friend.
Mr. Bell, had referred to us requiring that the
assignment should take place immediately upoo
the appointment of the assig,uees, went still further.
He then read from the latter part of.the 26th clause
of the Act the words directing the Commissioners
to assign the estate of the bankrupt to such persons
as shall be chosen by the creditors, which, he con•
tended, left no option or discretion to the Commis.
Moneta. That choice was, he said, in itself the
removal of the provisional assignee. In the present
case the commission issne4 in Angust, and under
it Mr. Shaw, the petitioner here, and the petition-
ing creditor who sued out the commission, became
provisional assignee. The assignees were chosen on
the 3d November. but Mr. Shaw yet remained pro.
visional designee. This, he maintained, raa an irre-
gularity in the proceedings ender the bankrupt
laws, which Mr. Shaw himself had occasioned, and
which this petition called upon the Court to sanc-
tion and prolong.
The Vscs-ettaiscrt.r.oo said he should not now
trouble Mr. Horne to reply to the able argument.
which had been heard from the other side; when
he did call upon him he should wish to have the
advantage of his serious deliberation on the srgu.
ments which had been urged. As the Court would
nut meet for a few days, he should have an oppor-
tunity of reading over again all the evidence in the
case, and of re-considering in bis own mind those
topics which before struck him, with advantage.—
When the Court met again, he would tell Mr.
Horne whether he should call on him to reply, and
when he did so, he would mention the particular
topics to which he wished him to direct his atteutioi-
-----

COURT OF KING'S BENCH, Wrenn/Ivrea,
TMIRIDAY, Movement 29.

Beare the LORD CHIEF JUSTICE sad COIII.IIIII
BRADLEY V. GWYNNE.
This was an action against the Sheriff, under
the following circumstances, which were stated by
Mr. GURNEY—The Plaintiff, lie said, had
been an upholsterer in Mary-le-bone, but about
too years ego he became embarrassed in his cir-
cumstances, and with the intention of giving up
his property to his creditors, he had his goods and
stock Yelped, and the estimate was 4001. but he
did not put his intention into practice. Two exe-
cutions were put on his premises, one for 18/. and
the other for 48!. and a Sheriff's officer, minted
Vorlev, levied, but instead of taking what was rea-
sonable, he took the whole of the property, even to
the beds which the family slept on, and put them
into fig lots, 28 of which were sold and were suf-
ficient to answer the executions, hut Worley refused
to deliver up the residue, alleging that the Plain-
tiff had stolen them. This, Mr. Gurney said, was
the case of his client, mid having proved it he
should be entitled to the verdict of the Jury, with
such damages as they thought for such cunduct the
Defendant ought to pay.
At the suggestion of the LORD CHIEF JUSTICR.
the Plaintiff consented to take a verdict for 50/.

• damuges.

JOHNSON V. DESCHRIYER.
This was uu action brought by the Plaintiff, a
surgeon and apothecary, to recover the amount of
his bill for attendance, and inediciue furnished to
the Plaintiff's wife, during her lying-in.

,•ry, under tiHLordshiphusdireclidai, found a vet&
diet for the Plaintif—d•mages 41. I9S.
lIRRNETT S. SHEPPARD.
This was su action brought by the Plaintiff, an
animal painter, residing at Woodstock, for two
portraits of horses painted by him in the year 1810
for the Defendant. The Defendant pleaded the
Statute of Limitation', and also that he never re-
ceived the pictures.
The Plaintiff called Robert Archer, • carver
and gilder, who proved having received the pictures
on the 30th September, 1810, and framed them by
the Defendant's order'', after which he dispatched
them by the coach or waggon, according to direc-
tions which he had received from the Defendant;
but he could not say whether the pictures had come
to his (Defendant's) hands, neither could he tecol-
feet whether the directions he had received from the
Defendant were before or after he (the witness) te.
ceived the pictures from the Plaintiff.
Mr. Scxatarr submitted that here was no proof
of the delivery. Ile read an extract from a letter
of the Defendant's to the Plaintiff, dated in July,
1810, wherein he exprersed his dissatisfaction at
the delay iii sending the pictures, and directing,
that if they could nut be aent
,within a fortnight,
the Plaintiff was to take no further trouble about
them. This he (Mr. Scarlet') took to be a coun.
term•nd of the order, as the condition was not
complied with, the pictures not bring sent to
Archer till September ; and, coupling that with
the circumstance of the Plaintiff having so long
delayed to bring his action, would, he thought, on.
tidy the Jury that the Plaintiff should not recover.
the LORD CHIEF JUSTICE left it to the Jury,
on the evidence, to say whether the Defendant had
ever received the pictures.
The Jury immediately found a verdict for the
Pleintiff.—Damages, ten guineas.
PREROGATIVE COURT, Novnessa 49.

FORBES S. GORDON.
AFFIRMATION AND SENTENCE.
This was a question of probate as to the last will tad
codieila of John Forbes, Esq. deceased, late of Aberdrial4
North Britain, and of Fitzroy-square, London.
The deceased (who, it appeared, was suddenly takes
111 only three days before) died on the 20th of June
`loaf, at his bowie in Fitaroy-square, at tbe age of 78
years, possessed of considerable property, supposed to
'moon' to about 350,0001. Before his - death the de.
dosed made a will, by which be left 5,000/. beside, an
tenuity of 150/ per annum, to Mrs. Forbes, his sister, who
*as meek advanced in years; also to the children of his de-
;teased brothers and sisters be bequeathed considerable pro.
peaty. The nephews and nieces by brothers and sister
ererseted in number to 15, and in reversion* is their chil.
*MN griead-nephrws and nieces of the it-editor, who amount.
to 11811; be left upwards of 200,0001. To this will he ap.
simlNlhemeifora Charles Forbes, John Forbes, and Nicht',
&qrs. with another relation of the name of Mitchell.
:The NW and resider of his real and personal estates he
thed to his executors, " to staid sad answer /or
stew," subject to legacies, in such part as he should
Alilipme of by any codicil or codicils that he
make to his last will.
a Two•lrsesibiesesp pipers were likewise propounded as
relic* is the ihrod.writing of the deceased, marked A
sir s•
, i n. will of the deceased wee econtaleed is the form of In.
lose, which he put into the hands of his solicitor, Mr.
Illistehinson, of Lincoln's Inn, on the 2.1 of Mayol)2o, for
Abe pawn, as be Intimated to that Grader:wan, of altering
. eg,po4ooo • sew will, so as to dieted* further berineate.
Mgt *Mute detail of the various items and interesting
attending this diecassion occupied the attention
of the Cart the whale of yesterday.)
Dre.lB;eassv and PHILLIMORR argued in support of the
will mod codicils being entitled to probate, as contaisiag the
kelesarstary intrusions of the deceased, and which he Wan
greeested 'secedig by the act of God, occasioned by sadden
. *nth; sieve, in all such eases, the rule and practice of the
Court was to give effect to what might fairly be collected*
the intimacies of the testator with respect to the ultimilsl
disposition of his property.
Tie present proceedings commenced by a caveat, which
WM baked by Mrs. Caroline Gordon to oppose probate
king granted to the papers propounded, she being largely
leiatereeted as a niece of the testemes and 'ise residuary le-
tee. The facts of the ease wore brielly tbrie, es disclosed
' fay the evidence:—
' The deceased having entered into dinenasiee with his Soli.
'fakir about altering his will on the 2.1 of May, lir. !Joachim.
•••• told him there was no necessity for such alteration, soli
Idles residue might be disposed of by codicil'', appointing
web legacies as he might afterwards tbiak proper te be,
set
t I. To this the testator acquiesced ; and Mr. MAW
being called away by other business, neglected
e the iostrument further than the instructions is
aa popeonded, which remained as the last will of the deer'
sod who, it was then understood, reserved to himself
power of disposing of the residue, but without ailed,
saying how it should go.
It was submitted, upon the evidence of the butler, named'
Ilhiliner, that the 'lt-edged was prevented executing time
paper marked A, by sodden death; he haying been ob d:
on the same day on which he died with that paper is one
hand, and s pen in the other, looking at it iotensely, sot
that when the deponent come into the dining-room, the ille.'
ceased opened his desk, aunt pot the paper into it, in the
exact folding and situation in which it was found and iden-
tified after his death. The paper marked B was likewi.e
contended to be a perfect codicil, although found in an int.
perfect state, and undecided.
Dr. I..toatuvree, and anotEeryomng Civilian, opposed
the two pipets being admitted to probate. on the ground that
they were imperfect papers, from which no testamentary in-
tention could be 'hewn, as to ally continuity of intention i•
the deceased that they should ever operate; that the paper A
was that which the deceased had sbandoued at the time of his
death, and the paper B being comprehended in his will, was
no longer operative, hut was impeiseded by the will itself, or
instructions given to his solicitor, from which a regular tel-
lstrument was directed to be prepared. These codicil.,
they contended, were in direct contradiction to the will itmlf,
which left the deceased's sister only 5,0001.; 11 h ,by
Ithese codicils, leaving the residue *indisposed of, she would
take 35,0001. in addition to the 5,0001. It was further con-
tended, the will and codicils should be sent to the Court of
Chancery for construction.

Sir J. NICHOL obverved, the Court would give this care its
most earnest and serious utientine ; not only because of the
great magnitude of the property, bet the muster of peewee
iiiiecrsted in it ; although the magu,iltide of the property did
wit vary the principle which governed the Court's decision.

•
POLlrlf. '
POW state?.
FORGED TEN POUND BANK NOTES.
A few days since Mr. Doncaster, the landlord of the
Orange Tree public-bower, in the New-road, applied to Mr.
Mansholt, the Sitting Magistrate, stating that he bad taken
a forged 101. bank note about two months since, which had
been traced back to him, he knew the person he bad re-
ceived it from, who was a female residing in Ension.place,
New-road, whom he wished to have apprehended.
After some investigation as to the uttering of the note,
the Magistrate issued • summons, and the charge came
on before Sir R. Biroie, when the servant gift, to whom
he gave the titanic, attended, and stated that she tendered it
to obtain change for Dr. Dillon, who lodged in her mix-
tress's house. On being interrogated by Sir R. Birnie as to
how she became possessed of the note, she slid she re- I
ceiveil it from a tall gentleman, whom she did not know.
Sir Richard Rirnie's suspicion was excited that she had
a guilty knowledge when she uttered the note, when
Doctor Dillon, humanely stepped forward, and assured
the Magistrate that the girl's conduct arose (rem confesiou,
and Hot from a guilty knowledge, as she was of • most re-
spectable character. She having recovered herself, stated
Thal it was in an evening about haltpvel *even o'clock when
the Gentleman called, he inquired for Dr. Dillon, she in-
formed him be was out, nod she did mot expect him home till
nine o'clock. The Gentlensau said his name was Jones, he
was a particular friend of the Doctor's, he owed him some
money, anil as he was leaving London early in the morning,
fora considerable time, be wished to pay him before he went,
and asked if there was anyone with whom to leave the money.
She replied she would receive the money and deliver it
punctually. Mr. Jones then gave the 101. note which has
proved to be forged; she told him she had nut got change
to take V. which Mr. Jones said he owed to Mr. Dillon,
bet she would step out and get it, be saying in the mean
lime he was going a little farther and would call again for
the change; but there is every reason to believe that
he watched her to the house of Mr. Doncaster, and
ascertained that she had got the change, or there
is every reason to suppose he would nut have called
again, which be aeeordingly did, when be told the girl
lie had made a mistake as to the sum he owed Mr. Dillon ;
it was not 21. but IL Is. which be gave her, sod took the
remainder of the change away. On Mr. Dillon's merle
home, she informed him what had taken place, when he ob-
served that lie had rw doubt but that it was a swindler, as
he knew no such person as she deeeribed.
The girl described the pretended Mr. Josses to be a young
man about twenty years of age, live feet nine mom high,
his hair curled •t the temples, and a very white Iliad • he
had a very genteel appearance, and wore a black eim, White
waistcoat, and black trousers. He answers the doloelpition
of a voting man who committed a similar offeseiV at the
house of Dr. Gregory, a short time since.
Mr. Doecaster applied to Sir R. Birnie to lowestalt• *as
to be at the loss of the 101. ti, if,'

Sir R. Birnie observed, that be bad nothhs tora. MIA
who ass to bear the loss. If they meld mot opME/11111101
themselves, That most be subject for an action.
. ,
MARLBOROUGH-STIRINVe
Cook, a special coestable and street-keeper, applied to
IM sitting Magistrate to suppress the system of what the
boxers call the art of se!filefeace. He said be was employed
in the absence of some petitioners, also bed Mined a protest
against these exhibitions, and sere abort to call a moan
on the subject, bet they int wished to bavolbgateiMMlS.wf
the Magistrates.
The Bench gave their opinion that in reassekN prise.
dgbting and bull baiting, where a certais owerdpee of persons
assembled to constitute • riot, the parties were liable to in.
dictment ; bat in the present ease it was • question which
did not apply to the letter of the law.
We regret In state that the banking-house of Sir
F. BLAKE, REEDS, and Co. in this town stopt
payment on Thursday tart. Some of the banks in
a neighbouring county experienced a run in come-

quence—ohat rut gave rise to a rumour of an slant-
ing nature for a few days post, which we can confi-
dently assure our readers was without the least foun-
dation.—(Newcastle Paper.)
The news of the judgment en the lite Mayor of
Chester, reached that city on Sunday evening. The
intelligence had been expected every night from
that of Tuesday, and crowds surrounded the Post-
office at the hour of the Mail's arrival, so anxious
were the citizens to know the result.
Letters from the Tyrol announce an extraordi-
nary and deplorable event :—A high mountain in
the Pusterthel. between the ancient bishoprick of
Brixen and Ca ' hia, has suddenly moved, nod
seen precipitated on the little village of Mud..
The whole valley of Muth, was covered in au in-
stant with earth, rocks, and trees. It as not known
how many persons have suffered by this frightful
catastrophe.—(French Paper.)
There are several counterfeit sovereigns in circu-
lation, well executed. The reverse side of some
of them seems worn, and they have no sound.—
Other,. supposed to be composed of a mixture of
plaints, ■nd other metals, ring when struck against
wood, but the sound differs totally from that of the
genuine sovereign..

On Monday last, upwards of one hundred swal.
lows made their 'Nommen in the market.place of
Lyon Regi►, in the county of Norcolk.'to the asto-
nishment of all beholders, and continued flying
very low for some hours. These birds must have
been driven back by the stormy and boisterous wea-
ther they met with ow their passage.
Ronny, IS ALWAYS THE BEST POLICY.—
WILLIAM BUTLER, late overseer of the poor of the
township of Darfield, having refused to pay to his
successor the balance of his poor accounts, and
also not having left sufficient goods and chattels
whereon to make distress for this balance, has, by
the order of the Magistrates, been committed to
York Castle. In the present day, when the country
is groaning under the burden of the poor rates,
greet caution should he used in selecting officers ;
otherwise an evil, which is scarcely tolerable, will
be exaggerated beyond all proportion.
011 Monday night, about six o'clock, a respects.
ble young woman, who hail just come ashore at the
Bromiehaw front a stram.buut, instead of directly
leaving the quay, inclined to the right, and after
walking about twelve yards fell into the river at the
paddle-box of the Argyle steam-boat. The alarm
being instantly give'', the paint of the Argyle, and
the fireman' °hilt. Arena., Castle, plunged Into the
river, and supporti, themeel by hold of the

RkzoticrioX tirrus.

We rejoice to hear that is thee! times of agricultural di,.
tress, several of the clergy are extending their liberality to
the revisers. The Rev. Mr. Doseison, vicar of Feliskirk,
nese Think, has generously returned 10 per cent. to his
parishioners, al the pay meat of (billies due at filidetsinnier
and Michaelmas last. The Rev. J. Router, tenon. of Merton
College, Oxford, sad vicar or Riableton, has 'thirsted 10 per
teat. opus the tithes let lly in his parish. The Rey.
G. MON!, of Wrothano, has handsosnely deducted 20 per rent.
(amonntiag to nearly 5001.) from his tithes, due at Michael-
mas last ; and we are happy to Gad that this lendable exam-
ple bap recesttly been followed bight Hun. and Her. r. Nuo
aho deducted 15 per cent. from Ina Neitlested Whet. The
Rev. Dr. Willis, vicar of Wateringbury, at his late tithe dim
made, unsolicited, a deduction of tru per cent. from 11.1:
tithe composition.