The British Press; or, Morning Literary Advertiser.
London, England, 1826-07-06 00:00:00

1,.4rr INTELT. MEATH.

COURT OF CFIANO.ERI, 11'EtfwItenar, JOLT I.
COVENTAAR DEN THEATRE.
COWPT r. DARIUS.
Mr, HALT (with whom was Mi. Rawi-sws) on behalf if the
plaintiff; stated to his Lordship that ha animated in support of a
111011011 praying that his Lordship would be pleased to order Mr.
Robertson. the receiver of the coax. to psy into Dint two sumo,
one 15.040 i., and the other 0i21401., being the balance in bis hands
of the rents mad protits of the theatre.
Hr. HSALD (with whom war IHT. Lot-TA)) opposed the mo-
tion, and said he thought it was a little two h on the part of the
plaintiff to endeavour to take out of the pocket of the Receiver
such a large sum as 18,0002. , when in pant of fact be bad not
above 201 W. in his hands.
Mr. HART, in reply, contended that the Receiver had expended
soms which had been on one occasion admitted by the Master, and
in another had been rejected by him. The fact was, that Mr.
Cons, considered that the conduct of the Receiver, in making the
.payment he did beyond what was considered m the current ex-
penses, exceeded his duty t and inaranuch as he hid given se-
curity only for 10,000/.. and bad expended 10.0001. adverse to the
interest of Nle. Conet, left him wit'tout retirees, unless Mr. Ro-
bertson's or;vate estate should be of a nature to admit the supply
of such deficiency, if, as he (Mr. Ham contended, he had acted
con.rary tr the order,•nd judgment of his Lordship.
lir. SOODZN appeased tor Me. Hants, and observed, that na-
bs toe psymems ia question, which were disputed by Mr. Corot,
Mil been mode, the lease of 3lessra. Forbes, \Willett, and Kenkble,
wa hate been void, and his client would have taken posareunn.
The LORD CHANCELLOR requested the aflielsvits to be handed
p to him, and std he would deliver his opinion on Friday
morning.

JUDGMENTS.
Ilk I.oangttp directed the Registrar to put Crenshaw r.
Culling and Brown V. De Teetet, in the paper for Monday, as it
waa his intention to deliver his judgments on those causes od Mon-
day next.
TX-PARTE GRIDSTTAD, IN TUT. NATTER OT 1101TARD AND

arms.
!qr. ITAIT rertuested his hortlatip would be ;dowel to none
un early day for henrin; the argnments as to the rusts in this tau;
as until that Wu deritied no slit-Wend could be made.
ilis LdetusitiP fixed tzi.erday for that purpose.

ICE.O fl A SCELLOR'S COURT, Wen", r ;nes', JULY 5.
The (..qtrt was occupied throughout this dry in hearing siotioUs,
twine of which were of public interest.

't'OCRT OF KIND'S JILT 5.
[Before the LORD CHIEE JCSTICE and a Special Jury
inuso 1.. VANGLET.
This was so action brought by Sir ttetnuel Young, Dart. as the
proprietor of a farm In the parish of Cookeam, in the county of
Belo, against the defendant, who Is the lord of the 3laeor of
Cookham, to recover compensation for the damages the plaintiff
had sustained by consequence of the defendant having planted a
number of trees, and enclosed the ground on which they were
Panted. being part of several moors within the said manor on and
over which the plaintiff' claimed a right of en union.
Several witnesses were examlred as to the existence of the right
of common, who established a right for larpe cattle only.
The ATTORNET.ORNEEAL, for the defendant, then submit d
-14 his Lord...hip. that inasmuch as the declaration was laid for a
• right of common Or all sorts of cattle, and it having been proved
that the right only extended to large cattle, such as heifers, cows.
.4e. and not to sheep, &c. the plaintiff most be nonsuited, becante
if a verdict were to pass easiest the plaintiff upon such a declara-
tion, it would preclude all future-M(og of the said manor from re-
sisting the right of coalmen as to slurp,
The Loon enter Jesvict thobght the declaration was too
laze in Its terms, and directed a Nonsuit.
The plaintiff was accordingly called.
101503 AND ANOTHER, ET terTOES, &C. T..COLLtEIt.
This was an action of trover brought by the plabitiffe, as the
meseutom of Don Juan Julian Parga, to recover poyseminu of she
valuable pictures from Ilia defendant; 31. Jean Baptist Col-
Her, which were the property of Dan J. J. Parga, and had been
detained and converted by the defendant to his own use.
The ATTORNEY.OENE RAI... Mr. SCARt.F.TT, and Mr. Pot..
LOCk, were Counsel foe the plaintiffs, and the COHNON SER.
aItANT and 3lr. Ifni. conducted the defence.
The ATTORNET-tiEWERAL state(l that the plaintiffs were the
executors of Don J. J. Parga, who was by 'birth a Spaniard, and
had lived the ;neater part of his life in that country. The defer.
dam wee a native of France, who had been residing for some time
in thi. conntry, 'bat 'a, few year. 'ago he had become vary embed.
rered, and was diacha'ged under the Insolvent Act ; after which
Ile went to Spain, where he became acqiialnted with Dan Parga,
who. being a man of property, advanced money to 111. Collier for
the of ets.Abling him to wail himself of the knowledge and
anent he pnesessed in the collection of pictures. Accordingly, a
namher of pictursa were purchased by Collier in Spain, mad money
to the extent of 3.6001. was advanced by the testator on that ar.
count. These pictures were subsequently brought over to this
rowany for sale, as originally intended by the moths: and Parga
and Collier came to England tu the some vessel, with a view to
realise the produce Of the pictures. Upon the voyage 31. Prop
fell ill. and on his arrival here' •he took a Roast at Brampton. in
apish C.llier elan resided with him, and there Pugs soon after
died. After his death, a document was found by his executors,
• which was evidence of Don Parga',: right to the pictures that had
been purchased by the defendant in Spain. The document was
Leaded (lAN A catalogue of ill 3 pictures, of serious sixes. on
canvas. wnod, and copper. which I have sell to Don Juan Julian
Varga." And then fen:twat the description of them. At the fee t
of this catalogue there was the following tnemorandum :—'• I have
delivered to Don Joan Julian Faro the above 133 pictures, having
raceived the amount thereof. pursuant to our agreement, am appears
hi a repartee account which I have signed for him at the same time,
as l ander Inc same date. Dated at Cadiz, the 811th Dee. 11123.
(Signed) s• J. CoLesza."
Col Her, it shoul,l he observtd, was living with Mr. Parga at
toe time of his death, anal hail access to several of his papers t and
fa looking through the pipers afterwards, the executors of the :es-
nem were not able to di,eaver the document referred to by this me-
ntorandom •, he (the Attorney-Clenereli however felt satisfied that.
upon the production of the ',moment signed by Celtics., he shenlid A correspondent, who has seen a very intelligent person
keprortied to a veriliet ; and this was the evidence upon ohich his .„
I.euts
relied. It
would be for his LeargA. k.etend‘ tee Commd„ from tvlengardete gives no the following particulars
ssigamt, mazy what mks r eruld begiven lathe right which hi, gartling the piesent alarming tires en Dee-side. It would
*ma thus set up. appear that the fire alt Lochnagar began en the west, or
The memorandum was then put in and rraa, and also an order Achalater side of the mountain, and that it came round the
niade by the Vice.Chaneelior, betwe whom this cause bad been north end, anti at one time approached near the forest of
- • hioneto, and who had directed the present issue to be tried, by Ballacbbowie, but owing to a change of wind it proceeded
attic., it was ordered that the defendant should admit the signature
to the menturantium to be his haad.aritinet, and also the passes. u. p Glen elder and along the east side, completely destroy-
sion and conversion of the piettares. mg evey thing in its course, as fares a well-known building
• h;ledence was then given at %ha defendant hating been iniolve called the Hut, belonging to Abergeldie, tile furniture of
;n 11120. and diecloireel mulct' he 'se'. , which wet removed ; the fire then communicated with Glen-
The Loan WEE JUNTICE—Toe pictures are in existence, i muick, where it now prevails with considerable strength.
wipurote P thsy are de., In passing along Glen elder the heat was so excessive that
The Avvonliev.Onetaax—Yes, my Lord ;
tallied at the London flocks. the trouts in the stream were thrown out upon the banks in
This was the plitintirs ease. area, cumbers quite dead, and many of them found scorched. I
The Coulsow Seangaier then addressed the Jury for the de. Oil the eta: side of lochnarer, the flames and unlimited
.!
fendant ; and treated that he 'tumid be able le give a very sstairae...b. snow wire contending with each other ; ultimately the for-
tes', answer tothe teatennent made by his Learned '
star revelled, and the fire reached the highest summit.
Jury world bare perceive I by the evidence put in of tea. t pa -et.
- ite the Insolvent Debtors' Gann, that Mr. (hillier had tin On uesday last the smoke from Mcent finer and Pol-
itest MN been a pitture tleal,ir. Ile was a man enseeroed f loch, situated south of Panietnach, was so dense in Glen-
ram skill ; wed he (the lostiord Ceinvel) ',vat not observe, that garden, that the nearest farm town to our informant, til-
tinn was no pmeerty whatever about which the exercise of ',kit, though not a quarter of a nude distant, could not be seen ;
wee attended wittf mole staccato, and In grater wealth
Ind in astir
mot be realised io a very short space funto.' Th., passing down the meth side of the Dec on
the ease with ate, cake, by his skill in nesdry afternoon, he says he was nearly suffocated with
„inns, had enabled himself to atch.e.c, while in Spain, in •moke from Cloelinabeit and the Glens of Dye, Hirst., and
ptv, the valuable pictures in The Jury were aware Tanner ; some strangling trees in tls latter had been burnt,
that slam that time, the Spanish t:ntirt siengether changrd pm-
* and the Are proceeded with such rapidity that the occu-
glissort, and that the pictures in ti
,*•.re removed anti
y nt piers of houses removed from them with their whole ef-
ulaposed of. Tne pie tires purchased I? 31r. Crewe were
them wet "onardo de Vinci,' phi h feel*. In some cases it was distressing to sec young in-
wasmat colleetion. Among
taken to Spite) by Francis I. tenl had had rematnett in the Escu. fants actually lying in their cradles in safe spots, until I
lid to the period wbea that licit and wontl rful magazine of art was carts could be provided to carry them away. Fires appear
j.r.nopen,andwhichenabledmany pefsonsofknowledge and skill to prevail very, far westward: onr informant saw the sum-
'. be art to emieny their skill to adiantage. Mr. Collier avatbd .
mit of Ben Avon blazing, at d smoke its various other
ritn'aelftf event, and purchased 137 of dime ',lettuce, for the
Dose
of
.end," them over 1140„tury. Mr. p„ga w" a quarters. Report says there is a moss ill Ourgarf hi a ate
jr;: ;id tar has, with whom lie had to
had detliugs,,and lie ;contr.; miler state ; and that a loan removing his peals to a more
Now, it termed to lee the safe place then the tnoss, hail incautiously thrown amongst
Seas y a d tag still; hint at thAt. time,
9pos, na• sorue pe• sone, that: in order to cecat_lllLifti_xisitrirrEce.ti the. th • rest some-in which fire was coneeeleti. After hit carts
',rope!, must HOUR?, I I t'el!';ig 1,1"1 Fylberersiit.ed lt .d proceeded sonic distance, the fire kindled tip and
opinion was the mencistion of r t rite
Jury to-day. Mr. Parga being shoat to gir to Engisnd, was r s ',mad SO, that lie wan o'llieed to throw nut the wirele, to
eau fa by 31Ir. Collier to effect au insurance on tbspie.ures for I .ve his Car that

COURT OF com MON PLEAS. GUILDHALL, JULY S.
XAJONIDANNS V. C A3I PE AND ANOTHER.
This was a ease of no importance, except as regarded the point
of law. It wars an action to recover the sum of 1,7181. the amount
of a bill of exchange accepted by the defendants. It appeared that
after they had accepted it, they placed it in the hands of a person,
named Prime, to get it discovnted. The latter, however, with-
out indorsing it, !nitnediately transferred it to theplcintiff, in part
payment of ■ considerable sum he owed him. A few days after
Prince became a bankrupt. On the bill becoming due, the de-
fendants refused to pay it, and the plaintiff brought the present
action.
The defence set up wee, that the plaintiff had not taken the bill
in a fair and business-like manner. as it was not indorsed. A case
also was quoted, lately tried In the Court of King's Bench, in
which,erwerdiet was returned for the defendant against the plaintiffs.
who had obtained a bill in a similar manner to which the plaintiff
in the prefect ea‘e had obtained his. It was, however, admitted, a
rule for a new trial had been granted, which was still pe•uting.
The Lunn Curry !UST ICE summed up, and observed that he
did net think the defendants tiad the slightest ground of defence ;
for hr.wover fraudulently the hill might have been obtained from
them, pi the right of the holder, unless lie could he proved a
party to the fraud, which was not the ease here, was cot affected.
Verdict for the plaintiti—Damages 1,7151.

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