The British Press; or, Morning Literary Advertiser.
London, England, 1819-11-09 00:00:00

J'arlianmetary Rtfora—A serious Conway, is live sets.

The world has been long expecting a new piece
under this title. The story was originally eouv
ceivcd by the great Lord CUATHAM, and it was
once hoped would have been brought out by his
sou, the late Mr. PITT, in the best possible style.
He, however, grew tired of it, and it was taken up
by Mr. Guy. now Lord Cagy, who revised and
corrected it with great care, but never had sufficient
interest to obtain for it a representation. • After
lying on the shelf a considerable time it hi, been
at length taken up by Major CARTWRIGHT. who
has travestied most of the seems, and converted it
into a Nice, under the title of The Birmingham
Election, or the Birmingham Knight no Sham! In
this burlesque shape it will be probably accepted by
the Manager, but in its genuine sod original state
lie is its decided enemy.
• This piree has received a few touches from the pea of
Sir Charles Mink". •

Mr. BAIIR, our Consul-General in the United
State*, left town on Friday, to embark for 'Americo.
The 6.9 d regiment. 'tattooed in Plymouth, have,
we utidersotod, received orders to hold themselves
in readiness to march into this interior.
All unexpected order arrived on Tuesday few the
march of the 6th foot from Edinburgh Castle for
England. Accordingly, Wttltirsday morning eight
companies of the regiment marched in hen divi4ions,
one by the south aucl the other by the coast road,
for fieroiek-upon-Twerd. Tile two remaining
companies proceed to the sante Place as aeon as the
viiteratia are formed. We understand the reste-il
the regiment is Leeds, where it io to he stationed.
T-- el "whets, tate

(lo*.

On Saturday loot. whilst Mrs. F41114L1, .01 prattay four cot-ludas being t
gill. near Annan, had gone nut of lirr honor upon t whole unemployed firelocko belorigiegg to the lA-
some ordinary blisinesi, leaving a child shout six I narlialtire militia, arrived in Edinburgh from Ilminf.
•wtoke old lying to the erailk, a sow entered the ton, attended* by some of the stall of tliot .orris.
house (the d„at 'being half open), ggcl torn the and witre,lorlged in the Coathe. Tiers illsespyen.
chit‘l'. Cape tcp p bigot:kitbag Amipv.avt ; ppa. bitt for i ed, use measure of precaution adopted-by tjus.Lord
the tivoolly reeves of it.. toollogr. would h.ee 4orrs 11...u.utenquy of ttee comity of Lauer*. ire terri:e.
se wirier:re. sot hem to Ptelf; that ,Ibcollll,l • quince of she pirsent disiautlted raLspe.ed etteAriest of
t recovering. t Scielaud..—(Ls.:itaburgls roper.,

r"",ol;sia le awe •
r'xisl4 IP ft, U
.'• A-. 4., 1

,vv.7l 1.. ;a.; ;
.Asir

"^"IIPP•—•T•1••• •'t ti 4 • •o• •

It

so RIO illiesuiHrilikalksinfoilimit dile
liemplittustimindhslilldrocestr-tet the 411.eit
rasotoop; Ilhoicie shit ttosw4tot work had
heed et visahrarrivaie .af impartmeor. Yet welt it
e•llltiewitively dun Ps .blus shim* his • Bard
Highness.
Karl slid coessitsas Bathurst. Ladies P.. and
and the lion. Seymour •Bathuest. arrived at the.
Ohl *up OW 'clay sennitglit. hut bit is return to
Lowden mi Wednesday. Lady •M. Lemma. the
inner of the biersented Doke of Richmond. it ohm
in the LIM Skips arrival list. and where Lair-
soup. ire believe, still reusing,. . Lewd E.l.tord and
Lord Jahn Somerset were et he Yeah Woe' Oa
IVadneeduy, but deportee, for tows en Thimmtey,
Clo rho former day Lord •Ediesrd isrpeeteti the mei.
unary el the hu moss. sad an the adjoining dawns.

R7Oll

Naar M ammtsalw.
Mensibsit. 4141.606411, xi • .

• *vs •-• :14
The Loss, Cet a mot. o mg 'Nth* iliiirOmor,
this 11111arimig. poettpefteet sirtivelifivitsr iloa str
case a the Attoraey-General sr. Usti tall tvoissoir-
UM merest tag.

The followingis a correct account of Lady Cerr'e
'occident on-Wedsited:y. Her Ladyship sines taking
an airing in her chariot, accompanied by Miss Per.
civet, one oilier amiable daughters. In missing
the barraeks, the carriage was suer by three of the
Lancers, whin were retursalint hem the inspection
named. The 11.sgs attached to their weapons so
alarmed Lady Carr's horses, that they became Isis-
attanage.stile, and, ire the evil, overturned the car-
' rise. Her Ladyship, who had let down the glass,
and had her hand moon the edge of the roof of the
chariot shove, w.is very mulch hurt. The weight of
the carriage falling directly serail; the. hand, led at
Gist to the supposition that the bones had bees
crushed, hut this, happily, dues not turn eat to
be the case No bones were frsetnied whatever,
but r cut !Rs received above 'the right eye,
and contusions of a very pinnful tiatOie. Her La-
dyship was reresoveo to the hospital at the barred's,
where • Ire►ii iu the arm was opened, and anon after,
in a kind *flitter, to her residence on the South
Parade. Her Ladyship Ira. suffered much pain and
been entirely confined to her bed since ; but the
strongest misnriumes are now given of her desired
and speedy recovery. Miss Percival fortunately
escaped the accident almost unhurt. The inqni.
ries of nobility to learn the state of her Ladyship,
have been numerous daily.
Several of th'e children of the Duke of 'Bedford
ere arrived in Bedford-square. Their Graces, we
believe, are Ott this time oil the Continent. Admiral
Sir H. and Lady Strochan pin intend to make
this place their winter- residence. They have taken
a. house its the Royal Crescent. A house in the
Crescent neighbourhood, it is said, is engaged fur
the Bari of Warwick. Lord and Lady Fitzroy
Somerset hare it house on the Marine Parade. The
Lord Bishop of Down, Itssicontit F more, Sir
B. and Lady Leimard, Sir D. Scott, Sir W.
Aboyde. Lady StaohoPe, Lady Sutton, &c. are
also in the last arrival list. .
The [inches* of Lerde,,Sir M. J. and Lady
Tierney, Lady C. W. Melville, and upwards of
three hundred persons of fashiouable importance,
honoured the Master of the Cereuionies Ball with
their pivaelice at the (old Ship Rooms this day
sesenight.
A. cow el, under the favourable auspices of
Lady Tierney, forithe benefit of Madame Bellgar,
was elegantly and numerously attended at the
York Hotel ou Thuvridsy evening. A second con.
torte of O complexion similar to the former, at
thd seine hotel,- for the hesielit or Madmine
Campania, is expected once more to bring the
rays of rank aud.beauty to a focus, ou Thursday
next,
The opening dinner of the new innkeeper of the
Star and Garter, was attended by shout seventy
persons this day sehusight. The viands were pro-
falsely provided-the wines good, and good humour
was the order of the day.
• "Uhr Libraries continue to be elegantly fre-
quentrd, but the arousing 100 and music diver-
tissements. for the season. are diecoutinued at
Uossulsisott's, and will shortly be the saute at
Tuppen's. The nightly exremblages at the !Miner;
notwithstanding, have been brilliant in rank, elf.
'wee, and number since.
The theatre, after a prosperous season, closes
here on Tuesday•evening, with a hearth fir the
respected Massagers. at least two months earlier
than had been calculated upon by the tetra. The
last week, among other agreeable novelties, exhi-
bited Milli Clara Fisher Xra' her sisters on these
boards. The fortiter appeared as Itiehard the
Third, on Friday evening ; as Lord Fliatnap, in
Lillipat. and Falstaff. in Henry the linarek on
Saturday, saucier the Immediate patronage of the
Duchess of Leeds. liar performauce on each oc-
casion astonished all preseilt—but it was an two-
nisisinent pregnant with delight, cud unqualified
were the plaudits beat/awed. The benefit of this
extraordinary siege herniae takes place this evening,
cod boxei, pit. and gallery, therefore, may be ex-
printed 19 enbtbit uo racing seat.

Governor Mss, of Fort George, has obtained
the permission of his Royal Highness the Duke of
Your. to have the name of his Royal Highness the
Prince of Sou Cowin° iuscribed upon the rare,
lino of Fort George, to perpetuate the honour
that Prince did the Governor' sod the garrison of
Fort George, by visiting said fortress in the cowry
of the tour his Royal Highness niade in Scotland,
accompsuied by the hlauquis of Maim( rad the
gentlemen of his • Rovsl Highness's suite. Feet
George is the only regular forties', in Great Orttsin,
and its various hoetions are named after the sons of
his NIAAZETT.thr 4r.t bait iota bariug iuscribtdou it
" His Royal HighwessAhe Ptimee or Wain' Aug:
tien,u &r. • Thadioretios, ,hid' were in fact the
only pert of the thieves' without's name engrareit
cos then), hare of .his Jloyal Highliere
Prince LEOPOLD, and are 6' His Royal nighties',
Prince Looroib of Saxe Vaburg's•Rarelins."
Week hes brim said the :Lohdboirrititot of
late. eirireresittg wooderftit eiroitiog wor-•-• Ardis
pony', goitig at. the rate
carrying let. but title

~..

COUSIT OF KING'S IMF WO, Warisassiges,
Jiiquait, he 10.

-....,i......

-

precedents go, there is no instincts(' it criminal pro.
aeration being instituted hiAte halt of the King,
except by the legal officers of the Crown. or by
Counsel. If the case were otherwise, •.priaciple
winiki be established; winch would destroy the
distinction between pettlic and private rights. If
as individual, as such. undergoes private *floor. he
bus his civil remedy in any way tie pleases by civil
action. he. on the part of the public. institutes
a criminal proreention, I. enlist do so in the name
of the king. and by Counsel." The Learned Judge
repeated. that the pent.:) now making' the prevent
application could not be heard as a public prose-
cutor.

Mr. Hunt-44 I am stopped when I am about to
adduce the reasons which, iu my opinion justify
tiv- course I wish to take."
The Cuiav JOSTKE—" Yes, and you will be
'hopped Alien you proceed in an ir►egular manner."
Mr. ilunt—'4 I have a number of instances in
eibich the person aggrieved was allowed to apply in
person."
The ChtElf Jurrics" Name a single instance
wbsre • private individual (not a professional man)
was allowed in person to obtain a criminal informs•
tion in the home of the King ?"
111 r. Hunt—" I have many instances." •
The Cllllll Justice—" I have asked you to
manic one."

.-...-
Mr. Hosit—fi Yes, I have many precedents
during the last hundred years. where an aggrieved
individual came into Court Nod perannally obtained
redress."
The Cnice JusTice—" That is no answer to
my question. Have you a single case in which a
private individual came here and obtained • cri-
linnet information in the behalf of the King ?"
Mr. Hnot—" I can't say whether I can con-
fne myself to the precedent of a criminal informa-
tion, lint I helms, I may. There was a recent case.
that of Mills, where I know the party was pre-
vented."
Mr. Justice BAYLEY—I" Yes; I prevented
I

Mr. hunt—" But he wanted not only to open
his own case, but to be evidence also."
Mr. Justice BATLEY—" That was not my
ground for refusing his application."
Mr. Hunt—" There was the King against Pitt,
where my Lord Ellesiborongh suffered Pitt to pro-
cried and open his own case, in a prosecution
against Mr. Huskisson, sod the other New Street
Commi,sionesa."
Mr. Justice BAYLEY—" I'll state to you how
that (li, stood. I know the nohle and learned
person to whom you allude did stiffer Pitt to pro-
ceecl, hut I at the time took occasion to state to
1 m in private, that I thought he was acting wrong,
tin,' he on reconsideration did not he-itate to ad-
mit that be had acted wrongly, and his ultimate
opinion he expressed accordingly."
Mr. GURNEY..." Before the prosecution was
ended. Lord Ellenborougli distinctly stated that
alteration in his opinion."
Mr. Justice BATLEY-81 If it were not so, the
iiistinces would be very dangerous to the public."
Mr. Bunt—" 1 am of course hound by the
Court, even though I am left without remedy."
Toe Cntcv Jurrtce" Yon are so, and the
Court are amena!ile to the Legislature if they have
ninosken the law."
Mr. I hare often beard that the
(7ourts of Law in England are open to every man,
tutu the Plitice Regent's late Proclamation ex-
taro so; here 1 am and can't be heard."
Tire CHIEF Jostice." We have nothing to do
with these things; you have been heard, and were
xiiortly an,wervd, that your application was irre-
gular. This would not satisfy you. and you will
cuir hear the opinion of the whole Court."
Mr. Justice HotROYD was about to deliver his
opitlion, when Mr. Hunt again' attempted to ad-
ftrt., an interlocutory obrervation, and was desired
the Learned Judge not to interrupt him. The
latter said, that the only instance in which a party
was hearth in person as prosecutor in • criminal pro-
, •eiting, was that which had been mentioned (Mr.
Pot'. ea...), and in that the Noble and Learned
Judge who had tolerated it, confessed himself
wrong even pending the particular prosecution.--
'the Learned Judge then, in nearly the same words
as :Mr. Justice Bayley. delivered it as his opinion.
t::st no person could be heard in a criminal prose-
coti.m fur the King. except through the applies-
t...na of the King's Counsel, or a Gentleman of the
Z... _ . .

Mr. Justice BEST concurred in nearly the same
words in opinion with his Learned Brothers, and
saki that no person could obtrude himself, as had
Leen done to day in the name of the King, av pro-
recutor, for • crimiond information; the very ex-
simple they lead seen, where the Judges were at-
tempted to be replied upoo, and their decirions
cuctrvdicted, demonstrated the public evil that
would arise, if • departure were allowed from the
Jewish, coulee of proceeding.
Hunt was therefore, by the unanimous opi-
Lion of the Court prevented from making his mo-
tion. As he rose to withdraw from Court, he said,
t' I am now quite couvinced that uo application will
ever be inside against the Magistrate. at Maui luster,
it is is left to the Gentletuen et the Bar."
Mr. Hoot was accompanied by Mr. Knight and
hlr. Moorhouse.
/a the ',totter of 3. G. RICHMOND. a Bunkropt.
I , th:a .111 gr Mr. Ea.'s, moved, on Saturday, los
a vent of prohibition to be directed to the Lord
Churicel'or, sitting in bankruptcy, to preveut the
carrong ii•to effect an order triode by ins Lordship
for the priment of • sum dm° thousandonehun-
dred pounds by Coaso and another, swig-
Lees of the bankrupt, to a woolen of the name of
Mary Arne Hughes. The and' Justice now pro-
cerded to give the Judgment of the Court on this
application. Ile observed that he and his Learned
Brothers were of opinion. 'on Saturday last. that
there was no smut of jurisdictiorr in the Lord Chan-.
reline for acting as lie had done. end having folly
coosidered the case. they sew_ne reason fur altering
that opinion. lint Loedaiiiptfien proceeded to state
all the facts of the case. lu 'February, 1817. •
cornsoissitio of batikreptcy was armed against
J. G. Richmond, and Cowen and another per-
Son were chosen es assignee+. Uroler• that com-
mission they took possenioss of • farm, u part
of the ititaltrupt's estate, which was claimed by
Mar, Auoe Hughes, es ker property. After a ee-
rie,. of proceedings at law mad se eyiily, the
Lord ebaucellos, on the Pith of Jay last.

the eats ctoot to be P 1412) die eleipreei
Richmond, N She 'execute* stiNsr Ann tiuglseas
which order they ts/►iiMele+l. It was Wider '
that else Lard araleaslists had so jeriadietiete he thi~
ease—ist. hecsasselet wet issiosioa of lisakeeplay etas
superseded 6,16,1116 e seder was made—d, because
the order was a 'posies of assessment of &arse% mid
the Lard Chancellor's duty was merely to inquire
into facto—and thirdly, because the !payment must
be out of the funds of the soignee', which was
unjust. With respect to the first point, the
Court held that the jurisdiction of the Lord
Chancellor war not confined to the period during
which the Commission of Bankruptcy was in exist-
euce—if such • principle were suffered to operate
great injustice would be the conseqwenee. If it diffi-
cult question of law arose, the Lord Chancellor coos-
salted the highest legal authority—and, if • doubtful
point of fact were stated. •n issue was directed,
which brought it under the consideration of a Jury, as
was the case in this instance. As to the second
!mint, it was argued, thst the jurisdiction of the
Lord Chancellor was not rester in bankruptcy
cases then when he was sitting in Chancery, and in
support of this doctrine the case of Aymes e. Jack-
son, First Chancery Reports, was cited. This Case.
however, was wholly inapplicable to the present.
The arguments that suggested themselves against
this position furnished also an answer to the third
point. It was a misfortune that the assignees were
tint able to make full restitution, without loss to
themselves, if it were called for. But another an-
swer, anal one more ',roper, a as. that. supposing
the Lord Chancellor to have jurisdiction, the Court
of King's Bench had no authority to revise his
decision. Exceptions might be taken before the
Master, and be argued before him. Such would
be the regular course. With respect to the
authority of that Court to interfere. under cer-
tain circumstances, with the Lord -Chancellor sit-
ting in bankruptcy, their Lordships did not now
think it necessary to give an opinion, as during
a period of nearly three hundred years, since
bankruptcy cases first came under the cognizance of
Chancery. no specific question of the kind hail
arisen. If it should occur, their Lordships would
take care, that, in deciding on the jurisdiction of
another Court, they did not exceed their own au-
thority.—Application refused.