The British Press; or, Morning Literary Advertiser.
London, England, 1824-02-10 00:00:00

FROM LLOYD'S LIST.

Cowes, Fee. R—Artived the l'aivota, Jose Cordon de Live,
from Havre de Orate, damaged ; cornelia Sepkens, from Rata.
dam ; Two Brothers, Meek, front Banton for orders. Sailed the
William Henry, .Soutliworth, for Amsterdam. Off the Ids et
Wight yesterday, the American ship Montagu*, M`Levors,
front Holland for the ('tilted States.
DEAL. FEB. S.—Arrived the Kingston, Luekie, from Demerara.
Came down from the River and remain, the Thames, Meek, few the
South Seas; Luna, Knox, for the Cape of Good Hope; Harmony,
Walker, for ditto; Venus, Scots, for the Brasil; and Hawse,
Foat'r, foe Havannnh.

GRAVESEND, Ft: a. R.--Arrive', the Salary. Bury, from this.
burgh; Neluis, Hutchinson, Irvin ditto; Atalanta, Jones, from
Lisbon • Marquis of Anglesea, Wilson, from Savannah; Lady
Comberniere, Sandford, from the Spanish Main ; Hesper, Ends,
from St. John's, New Brunswick ; Albino, Spadforth, from De.
*Jurors • William Harris, Cleft, from Gibraltar; Cape Packet,
Kerne:from the Isle of Prance; and Prince Regent, Ghsdley,
from Altea.--Sailed, the Mary, Al• Clare, for Jamaica; Rewire,
Tuny, for St. Vincent's ; Dan, Vault, for Sierra Leone ; Bee,
Wisher, for Smyrna.
HOLYHEAD, FEL R.—Yesterday evening, at eight p. m. during
a tremendous squall, the schooner John, of St. Andrew's, Dunes,.
Master, from Cork to Liverpool, drove on the rucks here, when she
soon went to pieces--the tater, 3late, and four seamen where
hauled on sham by a rope, but eleven passengers and two of the
crew were drowned.

LIVERPOOL, FED. 6.—Arrived the Albion, Mason, from St.
Joan's, New Brunswick; Eagle, ROM, from Halifax; Ann,,
from Trieste; Lowland Inas, Andell, from Bahia ; Orbit, Tick-.
ham, limn New York; Marcus, Mew, from Charleston; Aurae%
—, from St. John's, New Brunswick; Betsey, Martin, freskt
Charente; Fairy Queen, —, from Balton; and Margaret, CAR,
Iron St. Michael's.
DEVONPORT, FEB. IL—The Active, 46, Captain A. King, was
paid wages yesterday, and went down to the hound, in ottospa
with the Bulwark, 76, Captain Hondas, for PoTtsmouth. Am
Partridge :ender, Lieutenant Gosling, from a allite off Reilly ;and
Vigilant cutter, front Ireland. Sailed, Provident! tender, Lieut.
Nichols, for Portsmouth. In Haman, Britannia, Ocean,
Primrose, Shamrock, Hasty, Reynard; and Shacorockthl=
Sprightly revenues.
Hmtwicu, FEN. B.—The Cistus, Armour, front Newcastle, has
been brought into this port, with assistance, leaky, hating struck
upon the Whiting Sand yesterday evening, but proceeds again seat
tide.

LANCASTEII, JAN. 7.—The Tom, Taylor, from Omar" to thig
port, was driven upon Cockerham Sands on Thursday night, with
bas of Inglis, dtc. _ _ • _ _

I LYNN, Fit. B.—The Flora, Robertson, from hence to London.
with awn and Boar, got on the west bank of this river, and upset
during last night, and was for some hours completely under water.
Hopes are entertained of floating her next ride.
Mtcr na o, Fe 11. R.—Yesterday the Clarence. from Siena
in con.ing into the Pill to repair, grounded on bard human=
will probably not float till the next spring tides. She Ms been sur.
veyed, and recommended to be discharged.
ST. JONN's, N.H. JAN. B.—The schooner Fair Trader, S.W.
van, belonging to this part, was wrecked in St. Mscy's Bay, Nova
Scotia, 22d ult. CIT. saved. _ _ _

WATERFt• an. FIR. 3.—The vessel which drifted Oil share disw
masted, near Howinahon, is laden with staves and timber, and sup..
posed to 'Whom Quebec. Such of the oak timber as has been 011
shore is marked A.R.111.D. A.R.M. and A.B. and the pine marked
Bin a diamond. _ _

GIBRALTAR, JAN. 111.—A Spanish felucca. foam Melina sw
Malaga, wu upset an the 17th inst. to the eastward, during a gals.
Crew and passengers saved.

VESSELS SPOKEN WITH.--WAVertree, Short, Irons Limpid
for Valparaiso, Ist Jan. Wilsons, from Dublin for New York.
26th Jan.—Br the Or*, arrived at Liverpool.
The Minerva, Murky, from NM:4de to Charente, put into
Ran Saturday, with laws or bowsprit, having been no
foul o! r the Sovereign, German.

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LAW INTELLIGENCE.

VirtCHANAELLOWS COURT, Laircos les hts HALL

MOWDAY. ni. 9.

1111TiLIANI a PIIICZ.

AIe.KIIIOIIT ie;t-htTpinintifr in equity, to
play (as a patpetual injunction against the defendant, for the mor_
pose of restoinnuog him from proceesliov at law, or taking any steps
8* the recortry of • certain sum of money. The circumstances
were these:—ln the year 1817, Walter ft.:* obtained a verdict in
the entire of King's flench, against James Prise, to the amount of
160111. and a fraction, the whole of which was paid, excipt re. 911.,
tie the payment of which • bond was given, and judgment entered
upon that bond. Walter Price was at the same time iedebtad to
john Price to the amount of 3201., and to secure the payment sof
which Waiter assigned over toJohn this judgment.hond, who con.
unued afterwards to treat the debt as a Sonafide debt due to rim.
The defendant in June, 1818, took out an execution, which, how-
' Ter he did nut execute, but retained it in his hands ' • in August,
in the same year, he was paid on account, be James Price, 3801.;
in April, 1319, the defendant took out another execution, but took
to out in a wrong name, in the name of Walter Price, who was
then dead; he took out • third, and again expressly (as by his an-
swer srreared) agreed to give to James Price further time; thereby,
as Mr. k, ight contended, waved his right over to recover as against
ate kit listiE, who was only • surety upon the bond, James Price
Lairs now beacon a bankrupt. The franc I Counsel next cited
the cave of "1...e-parie Muir, 2d vol. Car's Repots, p. 83."
r..H rasp opposed the application for the injunction. He eon_
feudal that this case was, In snow respects, quite new. He did
mot committer that the principle of pr iacipal as surety could appiy
len st all. He had found no case in the books to govern the pre.
'mat ease, and as, in bis opie.ion, the fact was not made out upon
the ruord, he hoped the Coon would discharge the bilL
his HONOUR consieered, that the only way this could be viewed
was. libeler ssignec, that ir, the person who hod assigned
the bond, ought to nave used diligence in the re..avery of the debt
dos His Honour wok' not at present UMW where the fames were
reported, but WAS cersin that many eases were in print, showing
that the assignee was not bound to use diligence, and therefore the
kill bets would have to lx dismissed. but be desired it to stand
toter far the purpose of finding the caeca

'COURT OF KING'S BENCH, MONDAY, F. 9.

I. BISHOP OF cursTce:

. .
The LOIRTICIIIEV JUSTICE, ininictlintely ujni, taking his seat
on the Bendy, gave judgment upon this rase. On the 12th of
;ton:caber, 1819, Bradshaw, incumbent of a living, was mortally
ill, and his life dearly despaired of ; he, in fact, died at half.past
clevw o'clock at 'tight. On the same day, and a few hours before
litadshaw's death, Trafford, who was scud in the right of pre.
senUttivno sold it to the plaintiff, in consideration of 6f8.191. for 99
pats, if the plaintiff should so long live. The plaintiff gore the
bring to a clerk of the name of Andel'', who did not appear to
kiwi anything of the cwaract between Fouli.ea and Trafford. In
this ems the Cour: stflim.ed the judgment of the Court below,
SLielt had this to he a shnonincal and corrupt transaction, and
the matting of the statute of 31 Elizabeth, chap. L. That
chive declared every such contract to be null and void; and the
CoOMat a oukl out suffer the intenewm of that statute to he frustrated
• evasiou. That the clerk was ignorant of the simony ar.d cur
a option could not make any difference in the case, for the corrupt
contract must be void, although the object and application of it
were innocent and even laudable. A voluntary payment made by
a, bankrupt en the eve of bankruptcy to s ;Secured creditor was
voided, however ignorant the creditor might be of the circurnstancht
of the bankrupt. It had been argued that if this contract shoutd
be voided, it would unsettle all contracts for liiings which were
not ramie at the time of the contract; for if the contract should
he found void when made a few hours before the death of the in.
surnbent, why not when made a few days, a few weeks, a few
Months before the vacancy? But the Court considered the cireum.
Mama is this case very singular. and such as they hoped would
;lever occur ajpun. Their judgment could Mem a precedent only in
Vretiaely similar circumstances. The cure in this use was full in
iOll/1, but vacant in fact at the time of the contract. The statute did
not Dietitian a vacancy. and a corrupt and Unionist-al contract must
be held void, though the living should be full. The judgment of
too Court below, declaring the contract void on the ground of
simony, was therefore affirmed.
FEES IN THE COUNTY COURT.
- - -

.
Mr. Fad tfcat applied foe a rule to show cause why a criminal
lottemation should-not issue against the Clerk and Deputy Clerk
of the County Court, on the grounds of taking excessive fees, and
of not hearing a defendant of the Dame of Broad, against a claim
-belays 40s.

TheEPart Clump JorricE—T..ke a rule to Ads cause.
Mr. Sc rose to express the particular satisfaction of the
County Clerk that this rule was granted.
The Loan Outer Joreics—We cannot hear that ; it is quite
isregaort