The British Press; or, Morning Literary Advertiser.
London, England, 1824-03-29 00:00:00

THE LATE SIR C. COLLIER.

I
M {
~,i

, .
i . .
it
lc .
1 i
. i ,I,
r., •
I -

I

.1

{From (be Lferneshire Teferreph.l
'The melandhely death of Sir George Collier will excite the
deepest zegret and meet lively sympathy of the rakish navy ; for
no (Oyer of his atthdiai iu the service was snore generallyknown
e.e higher in estimation's& a brave, experienced, clever 'Amman, and
e.ost ge.sixims, wann.hearted, friendly man. It must be regarded
tin nos the hest renniyhtble circentstance is his case, that the Arne-
(Ken frigate Constitution, shine escape, as the circumstances, are
...toted by .)Ir. James, in his Nasal! llistury, wee the cause of his
inithe wes airmail) dhe ship he had been previously blockading
-serval natrithe in Boston berbeur, and which he had taken every
i.mins to LiZlkell to Clime one and fight the Leander. A letter ad.
dieseed to us by Me at his gallant companions (then First Limit.
not of dud ship), posts the anxiety of his nand to engage the
cony even single-loaded, and must dissipate the unfounded insi-
negsion of Mr. Jaws, that feat" was the cause of the untow.
atteireunistanaee whit* led to the escape of the Constitution. As
nsvfil was it trot y NU,* simodiff gal/ant officer on the crooner's
itiguest, might ksi be attributed in Lord Nelson as to Sir Ueprge
4".41er. It is certainly as impassible to impute to his conduct the
W.Srit of personal cottages to duty the natural urbanity and
1:81cd to s-
-s'. Fountain Inn, Portsmouth, March 26, 18!4.
" Raving learnt, with deep regret, the melancholy tenninatie.. of
'tee brave Sir (lenge Collier:* existence, which truly unfortunate
• te. eumstance occurred, no doubt, front the malignant statement of
a lel Itietesian, I think it but due to the memory of that gallant
I the hotad
i ter, to state a circumstance which happened during the time that
nour of being First Lieutenant of the Leander, under air
( rge Coiner's commai.d. when Llocitailirig the American frigate
Constitution, in Boston. harbours—A fishing boat aline ell with
seeczel Americans. wheasked permission to visit his Mejesty's ship,
*Lich was immediately gamed. Sir George Collier and myself
;tecom ponied them rosod the decks, when one of them observed,
' LOU' are a larger skip. but I do not think your men are so
send as outs on hosed . the Coastitution.' To which Sir
tleorge Collier made reply, ' they may be very little, buyl
4;,,te hearts are ii dig light place; and I will thank you tell
igfterni the Americas Captain, that if he will cows out and
meet the Lcezarr, I will pledg:: my word and honour that no Bri.l
ojeis obi!. shall be withio twenty leagues ; and furher, if my :hip
.overboard.'
more ~luns tbko die Constitution, I will threw the addinonal
This challenge the Amtritain, who appeared to
team racer, promise d to convey, but I de not assert that the .1 me.
dew Commander ever neared it. /tut I wish to obey, as tr.uch
as •lire in my pewee, Sir Geurge's ensiety to engage that ship,
ettich the Naval Ilieterlika declares he shunned, at a time when tie
444 treble her force under lie. command. Although. I hid not tile
COW.. of bring with him at the time (for an lament it was to sail
*Mtn noble a character) he chticed the American, yet, I can Yen.
tore to affirm, without the-lean fear of contradiction, that DO Dri-
vel, ormolu' was ever snort snail:Ws tor:bac* die sneaks of his coun-
try than the her is but calumniated Sir George Collier.
" I remain, your very obedient humble *imam,
•• 141ANCIS PEAR. Commander R.N."
- ((.late C,ollter, who obtained his rank and honours by din.
- - hinhelf dotal; Abe late war, when the sheets embed
scope to deesnsoitise uf the highest professional quell.
ritish ()tricot; to Itea excentldicd his ehlracler as a phi.
~ tdid his virtues is a man, •i the warm led zealous sup.
gave as Ceromaintler-isisChief on the Coast of Africa, fo
sure, adopted for the extinction of that abominable ;raffle,
trade. tit have otter had occasion to witness the deep
to took in that ' ; end to know that he employed
urthority invested_ n him; sad all the energies of his mind.
hing breaches of faith, and comma:Wing the due obsci trance
eve Abolition Treaties. 'The' country at hirge silt duly
Ate his excellent conduct in this'' respect, vied regret (so se
ardateboly sad untimely death.

t4V Wrntrozifc;s.
COM?'OF CHANCPV, SATURDAY, 11.kitzn

TOE EARL or STRATUMORE.
This was a motion n the part of Mesas. Lyon and Roebeck.
trustees oti the nuke of lord Strathmore, called ithadwell, and the
abject of theapplication was, that a variety of orders pronounced
with respect to this estate, since September, lift.'d, might be re-
tecioded ; and it was also prayed, that the receiver appointed in 11119
might be discharged. The ground upon which We motion was
made was; that the trustees had no notice of these orders so pro-
potuided, and had proceeded in the management of the estate as if
these orders had never been propounded. With t:espert to the die.
charge of the receiver, it was urged by the Sonteurron-lit-
hy whom the motion was now sohnoiroted, that the l'rus-
tees who possessed the legal estate, had a right, on giving good se-
eurity, to apply for the discharge of the receiver upon the property.
Mr. SULOEYatiet M.'. PIIILLIMORE alp:Mired on behalf of
the Globe Innurance Company, who were large incombrancers
upon the property, to the amount of 30e.J1. a-year. The lammed
Counsel urged that there was no pretence for this notion, the effect
of which would be found to be, that the Trustees. who now ap-
peared, were only the tools of lord Strathmore; and the ohject of
the parties was to till their packets at the expense of the incum-
braneere, who were alone ermtleil to the rent.
The Lout) CLI AN cELLeat thought he certainly could not grant
the application as at present ?lamed and unless other parties were
before the Court ; he meant the ;hole of the creditors upon the
estate.
The Soi.rettron-Urset al., in reply, urged his lordship to
direct that the bill should be amended In this risport. and diet a
fresh application should be inade upon that amended bill. Ile
apprehended tharit would lie to the interest of the tootles that the re-
&leer should be di icharged, and he thought that the trustees had •
to demand it.
'The Loan ('nswcrl.i.oll. was of opinion that he ought not to
direct the ainctulnieit of the bill. If the parties thought proper
to ahthe a 'second application to the ('mint, it ought to be done upon
a new bill, a,;.ti renewed notices. It had always been his desire
to admit tenants for life into posetssion of their estates if other in-
terests did not prevent it ; but in t.he present instance, the inruin.
brancers moat first be satisfied. Ile saw nn reason whatever for
niscluteginf the receiver, and it' nintions of this kind were acceded
to—if receivers were to be blistered by such applications—what
man of character or of credit would undertake to fulfil the duties
of the office ? Ile was clearly of opinion that the bill ought to be
dissniesed with coins, without prejudice to any subsequent motion
er petition which the parties might think lit to submit.
COVENT-NA RDEN TIiEATRI.
COliaT W. MARIUS.
Mr. ITEAC.O., eon:pliance with the order of the Court, now
applied that Mr. Roberson be allowed to propose himself in tioe
Master's office, as receiver to Covent-garden 'Theatre, otwithstand.:
ing he hail beenenole • jowly to the plaintiff .3 bill. The Learned
Counsel saw no objection which could be raised to this notion.
The SOLICITOR-GENERAL said, that his objection was mast
obvious, and world be no SatistaCtOry. It was, that Mr.
Robertson was an nue:esti:ll pArty, and still accouutieble for profits
received.
Mr. MART, on the part of 31r.Const, stated a similar objection
to the appointment of 31r. Robertson. Previous to the proposal of
Mr. Robertson, a gen:lto:an of the =tie of Barton had been
nonthiand. That gel Leman, who was a merchant in the eft),
stated, that he should be unable to devote the requisite time for the
fttlfilinent of all the ditties of she office. In consequence the
Master had declined to. appoint Mtn. The Learned Counsel now
Understood that 31r. Boon was willing to accept the office ; std
the plantiff, to she, that his was not a frivolous or captious objet.
lion, hail no difficulty iii expressing his approbation el the appoint-
ment of that gentleman.
3lr. SUGDEN obsentd, that a liberal proposal had been male
to din plaintiff, which had no: been accepted.
The LORD CUANCE vx.on was surprised that these offers, which
appared to be so frequent, were not acted upon. Ills Lordship
asks' of what rature the proposal was ?

_ .
Mr. lIART—It is Mae ilitAlC paper.
Mr. St:Gor.x said, that it was an offer to give 1,6001. a year
upon good security.
Mr. HART had no doubt whatever of the word of Mr. 111HT1s,
but as to security, real property was always deemed supt4ior to the
declaration of any gentleman, even to that of Mr. Harris.
he Loan CHANCELLOR said, that his intention had been to
afford the Master an opportunity of consitlering whether it was fit
that Mr. Robertson sll4lllkl be appointed. He meant nothing fur.
they than this in what he had aced, and any Master who thought
differently must have been misinformed.
Mr. HART myrehended that the Master would, without diffi-
culty, declare Mr. Robertson to be dniqualifixL
The LORD Coax E tton observed, that the manner he viewed
the point in was this:—That Mr. Robertson had been acting as agent
to the concern, has irg been appointed by a portion of a number of
individaits &emirs a partnership. The accountability of this
gentleman must cense the moment he wax nominated as receiver,
and he had tio Mitre •, excepting in the account which he was
bound to render as receiver. The Master was at liberty entirely and
freely to exercise his judgment.
Mr. HEALD believed that there was not a single Master who
had otherwise understood his Lordship. The application row
was only that the Master might have leave to exercise that judg-
ment.
Mr. HART was proceeding to state the manner in which he un-
derstood the Court.
Mr. HEALD interrupted the Learned Gentleman. He knew of
what weight those words would be considered. winch were then put
into his Lordship's mouth by his Learned Friecd.
The Loan CHANCELLOR—I desire not that the words put
into my mouth snould be of weight, but only those which conic
out of it.
Mr. SUADWELL wished his Lordship to :rake some order with
respect to the profits in the hands of the receiver.
The Loan Citasc ez.noa—l will do to such thing.
Mr. StLearerEtt suggested that it wits usual to give direction as
to the application of the hinds in these eases.
The loan t:it axe let tun said, he would deal with playhouse'
property in the same manner as he would with otbtr property. The
moment a receiver was appointed, that instant he would Ilia, any
motion as to the application of the funds.
THIS COUNTNNS OF CUTE W. TUE MON. NHL C. STUART.
Mr. H •nr, in this case, applied to vary the minutes. The ques-
tion related to certain coal.nunca left by . the rill of the late John,
Bari of Bute ; and a question lied arisen whether a quantity of
coals, estimated at' ,M4ll. were included in the words, ••• property
necessary fur the working, managing, and employing the collies.
less" It, had been decided in the House of Lords, that these cools
did fall within the words in the will ; and a.•• inquiry. had subse-
quently been directed before the Master, to ascertain the clear
value of the coals at the death of the late John, Rae) of flute. The
object now was, to vary those minutes with respect to the inquiry
directed.
After bearing the Solicitor-General on the other side, the Lord
Chancellot [Atom:mil the case until Tuesday.
••-^

- . .
iX TIIE MATTES OF CMITII, A SOLICITOR.
Mr. Bic ILEUSTETM reminded his la,nlship that a motion had
yesterday been made by Mr. Ban, on the part of Mr. Smith, who
had been struck off the Rolls of Solici:urs. Ills Learned Friend
had, at the tame time, stated, that the aprlicatioi. was not opposed
by the party who had instituted the proceedings. This was woolly
a r 1161.148, and the reason shy uo opposition had yesterday been
ofered was, that no notice lind been given to the parties. Ile (Mr.
Diektrsteth) would be prepared on a given day to ar.swer the ap-
plic:citn..
The Le an CH V.VC ELLOR said, tit:A he should be ready to hear'
the Learned Counsel at Tuesday.
Mr. LlicarcasTLTlt tiered that he should not be prepared on
SO early a day.
Mr. HAUT then suggested this day se'nnigbt, and his Lordship
aseeded to that preparation.

VIL::-CHANCRLLOTC-b COURT, N . -I ARCH 27.

I!. PARTE TAYLOR 131 ME BEY DI: 6T. JUN.

.. .--.--.
The Sem tetion-elexteet meted that tids ..tes a petition pre-
sented by 3lr. Taylor, in order to stay the certificate of the bank-
rupt, Herbert, jun. and to strike out the name of Herbert, stn. from
the sigentures of creditors to that certificate. The petition was
fouodtd on au affidavit winch stated that Herbert, men. 11'3% a cre-
ditor of his eon's ese.te, to the aumitim of nearly 3,00111. that he bad
proved his debt under his son's cumuli- sine, and after that proof he
had assigned by deed all his interest in the debt to Mr. Taylor, se
trustee, for the benefit or his own &editor*. Subsequently to the
date of the deed be signed his son's certifica ate, and it was about to
be Mired to the Lord Chancellor for his approval and continuation.
The signature having bent. given by the Lobe: without the slightest
consultutaon with the creditors or the trustee, that gentleman felt
bound to present the present petition to his Honour, to prevent the
certificate being allured un that signature which had thus been int.
properly given by a person who pommel) no power nor authority
in the matter. The Learned Gentleman cited two cases in support
of the petition, sad observed, that although it ought be said that
the person who heal prove I the debt was the only person who could
legally sign the certificate, yet that did not ebange the nature of
the question, which was, whether a uuette fur the benefit of others
adds] sign any instrument without the captors COMMI:t of those who I
were beneficially hum:teed in the debt, that signature operating as
a legal release of their beneficial rights ?
The 'V te e.Crtersettai.on thought that the ease depended on a
*till nermwer question. Tile deed of assignment had taken ail the
kht and interest in the property out of Herbert, senior, and hest
vented it in the petitioner, Who was not merely the trustee OD be.
ballot Herbert's. creditors. but who had been specitiedly appointed
by the dead lietbert's attorney fur the disposition and management
of the debt. The deed therefore divested Herbert not only of all
right to the debt, but also of all power arm the disposition of it;
and the question was, whrher. under these special circumstances,
Herbert's signature to the certificate ;should be suffered to remain.
Mr. Haas I:, tar the bankrupt, oentemlud that this petition
oaglit DM to be granted. The question was not, v.:tether fl•vbeat..
sea should be restrained from signing his son's certificate, but I
whether, after by signature had bees' affixed, it should be erase,'-'
Who could sign the certificate except the parson who prayed the
debt ? Acd aho hail proved in this instance ? The father. So
that be alone was Lzally entitled to sign. This trust decd litul been
given to tear ofthe father's creditors; but surely the Court would nut
erase the lather's signature from his son's etrudeara, and knee it
to each of the parties beneficially interested in the deed to determine
whether they would or not give their approval to the benkrupt's ob-
taiaing his certifirtee. There was no imputation against the bankrupt,
it hail nut been tura moment suggested that he bad obtained that wig
-
nature through any fraud, nor even that he knew of this trust deed,
a Imo his fatber signed the certificate. This deed did nut trans-
t
er the power er the original creditor; it mrtely assigned his hi-
tt:rest in tine dividane to the petitioner tor the benefit of utf.a
I The Vict4L:KascELLoa said. Mr. lioene's argument would
' be hits' ids it the cs:t:tilizate had beer. alk ts. c..!. 1,), II:•: t.: .. o.: :se3l,

1 1 ; i Sir gi corgi
=int
jive I
; ;
0 jliin a liki
. • ropibt,
he gasr
it eniesbure
I . g Mist tra
,
.
Ile
1'• • IM 'lulu
paugs ibn i
plie dLtre
illowsciaite 1
' 1 4.) Lib nr.la