The Sun.
London, England, 1830-01-29 00:00:00

HOLDSWORTH V. HUNTER.

In this case a rule nisi had been obtained to set
aside the verdict obt.ined by the plaintiff, and for a
nota•uit or new trial. The action was brought on two
bills of exchange, one for 5,0001., and the other for
4,399/.194. 7d., drawn by John Mackenzie and Co.
of Calcutta, on and accepted by the defendant,
James Hunter, who was a partner in a mercantile
house in London (that of James Hunter and Co.),
and p flyable to the order of William Hunter and
Co., of which house the defendant was also a part-
ner. It appeared that the bills had been drawn in
sets, there being Nos. 1,2, and 3, in each set. The
first which arrived was No. 2of each set. These
arrived on the 15th of December, 1826, were ac-
cepted by the defendant on the 19th, and paid on
the 20:11 to the defendant's father, who was a cre-
ditor to the amount of 10,0001. or 12,0001. of the
firms both of \Vin. Hunter and Co., and .Tames
Hunter and Co. On the 16th of January, 1827,
Nos. 1 of the bills arrived, and were accepted by
the defendant for the accommodation of a broker of
the r,arne of Fennel, for the purpose of enabling him
to procure a loan of money from his bankers. Fen-
nel afterwards endorsed them to the plaintiff, who
was a relation of his ; and the plaintiff, as the en-
dorsee, brought the present action. The accept-
ances were antedated on the 14th of November,
1826, so as to make them fall due two months be-
fore the proper time. At the trial before Lord Ten-
terden at Guildhall, the Jury, being of opinion that
Nos. 2 of the bills, which had been endorsed to the
defendant's father, had been given him to be kept
wily until other securities should be given to him,
found for the plaintiff for 10,6671., the amount cf
principal and interest on the two bills.
Mr. F. PoLLocifc and Mr. PATTISON were now
heard against the rule.

The ATTORNEY-GENERAL and Mr. CAMPBELL
speke in support of it.—Rule discharged.
It was agreed that this decision should bind the
defendant oil another action which had been brought
against him as endorser.

COURT OF COMMON PLEAS, JAN. 28.
CLARKSON V. LAWSON.

Mr. Serjeant CROSS moved for a rule to show
cause why the plaintiff should not he at liberty to
withdraw his tepFcation to the defendant's third
pita, and either treat it as a nullity or demur to it.
It was an action of libel brought by the plaintiff, a
proctor in Doctors'-Commons, against the defendant
for charging him with having been thrice suspended
from the exercise of his profession.
The COURT granted a rule.

ARCHES' COURT, JAN. 28.
SCALES AGAINST HOYLE.

This was an appeal from the sentence of the
Chancellor of the Consistory Court, in a suit pro-
moted by Mr. William Hoyle, churchwarden of St.
Mary-le-Bow, against Mr. Michael Scales, a pa.
riehioner, for brawling and smiting in the church.
yard of the parish, and laying violent hands on Mr.
Thomas Bilton. The matter arose out of some pa-
rochial disputes; and the alleged smiting was com-
mitted in November, 1828, at the vestry-room,
situated in the church-yard, on the person of the
legal adviser of the chairman at the vestry. The
Learned Judge of the Consistory Court held that
the brawling was not proved, but that the smiting
was proved ; and he pronounced the appellant
(then defendant) excommunicate, and, under a late
statute, sentenced him to a short imprisonment,
which has not been, and was not intended to be,
enforced by the other party, by suing out a signifi-
cavii ; and he condemned Mr. Scales in the costs.
From this sentence an appeal was prosecuted by
Mr. Scales.

Sir JoHN Nwitot.t, gave sentence. He said this
was a proceeding under the statute 5 and 6 Edward
VI., which enacted that if any person should smite,
or lay violent hands on, another, in a church or
church-yard, every such person, ipso facto, should
be deemed excommunicate. 'l he simple question
was, whether Mr. Scales had so offended. The
Learned Judge then went through the evidence,
and considered that the result of the evidence was,
that the laying violent hands had been sufficiently
proved. As he should not vary the sentence of the
Court below, all he had to do was to affirm that
sentence, and to allow the other party the costs of
the :weal.

INSOLVENT DEBTOtS' COURT, JAN. 28.

John iVarroz, a Captain of the 7th Fusileers, on
balf.viy, was opposed by Mr. CRESWEILL, on behalf
of two creditors named Dickie and Morgan.
The insolvent stated that his half-pay amounted
to 1271. 15s. a-year, and he had a wife and three
children. He attriLuted his insolveni:y to having
put his name to an accommodaticn•bill for a person
named "nun', which 1311 was in the hands of Mr.
Dickie, his opposing creditor.
The COURT ordered the insolvent to be disehargedt

and recommended 20/, a-year to be set aside out of
his half-pay, to be applied to the gradual liquidation
of his debts.

William -Percival, a farmer, late of Deeping, in
Lincolnshire, was opposed by a creditor named
George Bowles.

The insolvent was examined at great length and
with extreme particularity relative to his detaining
creditor's debt, and the circumstances of his
arrest. After which his petition was dismissed.

ORIGIN OF THE PRESENT ROYAL

ACADEMY.

While West was painting the departure of
Regulus, the present Royal Academy was plan-
ned. The Society of Incorporated Artists, of
which he was a member, had grown rich by
yearly exhibitions, and how to lay out this mo-
ney became the subject of vehement debate.
The Architects were for a house, the Sculptors
for statues, arid the Painters proposed a large
gallery for historical works, while a mean and
sordid member or two voted to let it lie and
grow more, for it was pleasant to see riches ac-
cumulate. West, who happened to be a direc-
tor, approved of none of these notions, and
with Reynolds witkdrew from the association.
The newspapers of the day noticed these inde-
cent bickerings, and the King, learning the
cause from the lips of West, declared that he
was ready to patronize any association formed on
principles calculated to advance the interests of
art. A plan was proposed by some of the dis-
senters, and submitted to his Majesty, who cor-
rected it, and drew up some additional articles
with his own hand.

Meanwhile the Incorporated Artists continued
their debates, in total ignorace that their dissent-
ing :brethren were laying the foundation of a
surer structure than their own. Kirby, teacher
of perspective to the King, had been chosen
President : but so secretly was all managed, that
he had never heard a whisper in the palace con-
cerning the new Academy, and in his inaugural
address from the chair he assured his compa-
nions that his Majesty would not countenance
the schismatics. While West was one day busy
with his Regulus, the King and Queen looking
on, Kirby was announced,. and his Majesty hav-
ing consulted his consort in German, admitted
him, and introduced him to West, to whose per-
son he was a stranger. He looked at the pic-
ture, praised it warmly, and congratulated the
artist; then, turning to the King, said, " Your
Majesty never mentioned anything of this work to
me—who made the frame?—it is not made by
one of your Majesty's workmen—it ought to
have been made by the royal carver and gilder."
To this impertinence the King answered with
great calmness, " Kirby, whenever you are able
to paint me such a picture as this, your friend
shall make the frame." " I hope, Mr. West,"
said Kirby, " that you intend to exhibit this
picture ?" "It is painted for the palace," said
West, " and its exhibition must depend upon
his Majesty's pleasure." " Assuredly," said the
King, " I shall be very happy to let the work
be shown to the public." " Then, Mr. West,"
said Kirby, " you will send it to my exhibiton."
" No," interrupted his Majesty, " it must go
to nzy exhibition—to that of the Royal Aca-
demy. The President of the Associated
Artists bowed with much humility and retired.
He did not long survive this mortification, and
his death was imputed, by the founders of the
new Academy, to jealousy of their rising esta-
blishment, but by those who knew him well to
a more ea dinary cause, the decay of nature. The
Royal Academy was founded, and in its first
exhibition appeared the Regulus.—Family Li-
brau, No. X. Lives of the Artists.