The Sun.
London, England, 1830-01-25 00:00:00

MARZETTI V. WILLIAMS AND OTHERS.

The ATTORNEY-GENERAL hail to make an
ap-
plication to the Court in this case to set aside the
verdict obtained by the plaintiff. The action, which
was one of a singular kind, was tried at the sitting
at Guildhall in December last, before Mr. Justice
James Parke. His motion was for a rule nisi to
enter a nonsuit. The plaintiff had obtained a ver-
dict, with Is. damages; and the question was,
whether on the present form of declaration the action
could be maintained ? The declaration alleged that
the defendants, Messrs. Williams, Deacon, and Co.,
bankers, had maliciously, and with the intention of
injuring the plaintiff's reputation and credit as a
tradestatm, refused to pay a cheque which he hal
drawn on them, although they had sufficient funds
of h;s in their hands at the dine. It appeared in
evidence at the trial, that the plaintiff, Mr. Mar-
zetti, was in the habit of sending money to the
defendant's house, arid drawing it out the same
day; and sometimes he overdrew his account. On
the day in question, about eleven o'clock in the
morning, he sent in a small sum, which, with the
balance standing to the credit of his account on the
preceding evening, made up a sum sufficient to
answer a cheque which he had drawn in favour of a
gentleman of he name of Hooper. Between two
and three o'clock, the cheque was presented for pay,
merit, and the clerk at the banking house not being
aware that any money had been paid in since the
preceding evening, told Mr. Hooper that there were
nut sufficient funds of Mr. Marzetti's to pay the
cheque, but it would probably be paid when it came
to the clearing house. On the following day it
was presented again, and paid, the books having in
the interim been made up, and the money paid in
in the morning credited. Special damage was
alleged in the declaration, but there was not the
slightest evidence that the plaintiff had sustained
any damage, and indeed it was admitted on his part
that none had been sustained. The Jurv, under the
directions of the Learned Judge, found for nominal
damages, but negatived the malice. The plaintiff
had suffered no inconvenience, and had sustained
no loss of credit, the person in whose favour the
cheque had been drawn having continued his dealings
with him ; but the Learned Judge told the Jury,
that if they thought there was time between the
paying in of the money in the morning, and the pre-
sentment of the cheque at two or three o'clock, for
the bankers to make an entry in their books, they
should find for the plaintiff with nominal damages.
Nov this was a mere case of negligence anti no actual
damage having resulted to the plaintitF, the Learned
Counael submitted that the action could not be
maintained. •To maintain an action of this descrip-
tion, it must be shown that damage had resulted
from the negligence, as in the case of a person driv-
ing on the wrong side of the road, and corning
in contact with the gig of his neighbour and over-
turning it. In the present case it was clear that
die omission complained of was accidental. The
clerk to whom the cheque was presented had not
been apprised that any money had been paid in the
course of the morning, and the books had not. been
made up. The alleged breach of duty was, that
the cheque had not been honoured at the time it
was first presented ; but he (the Attorney• General)
was not aware that there was any general duty cast
upon bankers to pay the drafts of their customers
immediately. In a case which came before the
Privy Council some years ago, in which he was
concerned, it was decided that it was no part of the
general duty of a factor to insure the goods of his
employer, and thnt he was not liable to an action
for neglecting to insure. In that case an action had
been brought against a factor of the city of London
for neglecting to effect an insurance on a quantity
of sugar valued at 50,000/. He had kept up the
insurance from three months to three months for
some time, but omitted it the last three months, and
the premises in which the sugar was warehoused
having been burnt and the sugar lost, the owner in
Jamaica brought an action against the representa-
tives of the factor, and recovered a verdict. A
great many witnesses were examined as to the
practice of insuring goods of this description, and
there was a balance of testimony on that point.
The question was subsequently brought on for dis-
cussion on a bill of exceptions, and there was after-
wards an appeal to the Privy Council. The late
Lord Elenborough came down and hear] die ap-
peal; which was argued by the late Sir Vicary
Gibbs, Lord Erskine, Mr. Baron Wood, and
himself, the Attorney-General. There was
great difficulty with respect to the bill of ex-
ceptions, and it was said that the Counsel ought
to have moved for a new trial. At last it was
suggested by Sir Vicary Gibbs, that unless it ap-
peared from the record itself that it was part of the
duty of a factor to insure, the inure allegation did
not make it his duty. The Court acquiesced, and
inasmuch as by the common law it was no part of
the duty of a factor to insure the goods of his em-
ployer, they gave judgment against the plaintiff.
The learned Counsel submitted that the present
case was anala,e,ons in principle to the one he had
referred to, and that by the common law, barkers
were not bound topay the cheques of their custom-
ers at the moment they were presented.

Lord TENTEEIDEN—I rather think that duty arises
out of their business, and that there is an implied
promise.

The ATTORNEY. GENERAL submitted that there
was mot any implied promise; at all events this ac-
tion was Not founded on promise or contract, but
was one for mere negligence or accident, or rather
for damages consequent on such negligence or ac-
cident; and where no damage was proved, no
damages could be recovered. The present action
was brought on the ground that the defendants in-
tended to injure the plaintiff, and the Jury had
negatived that intention.
Mr. Justice BAYLEY—Is malice an essential al-
legation ?

Lord TENTERDEN—Does the plaintiff allege that
he had sufficient money in the banker's band., ?
The ATTORNEY-GENERAL—He did; but an alle-
gation that a party had money in his banker's hands,
and that the party neglected to pay his cheque,
‘rould not, without proof of malice or special
damage, entitle him to maintain an action against
the banker for neglect. It was a mere breach of
duty attended by no breach of contract. At the
trial he (the Attorney-General) submitted that the
plaintiff ought to be nonsuited, on the gro,lnd that
he had not proved what he alleged.
Lord Tr NTERDEN—You can now only move for
a new trial.

The ATTORNEY-GENERAL would move far a new
trill, then, on the ground of misdirection.
Lord TENTERDEN rather :bought that the Learned
Judge (Mr. Justice J. Parke) was inclined to wish
that the matter should bo further considered, Th.:ir
Lordships would therefore speak to Ida between

MANSION-MOUSE.
On Saturday the young man, named EltiJit
Bailey, who is untlerstood to be a Minister of the
Independent connection, was re-examined on a
charge of forgery. The alleged forgery was a bill
for 101., which the prisoner had given for cash to
Mr. Thomas Wilson, of Mutters' Hall: it pur-
ported to have been accepted by Mr. Cunninghm,
bookseller, of Mile-end-road. In the prisoner's pos.
s:::;sion were found several letters front Bishops, re-
fusing his application to be ordained.
Mr. Cunningham deposed that he knew nothing.
whatever of the bill. The prisoner had- dealt with
the witness more than four years, and now owed
him upwards of 6/.
Mr. Thomas Wilson, of Pinners' Hail, deposed
that the prisoner came to him, in the first instance,
and stated that he was about to raise money to get
the lease of a chapel in Aldersgate-street. He
asked him for a loan of 101. The witness had
never seen him before, and knew nothing of him ;
but he told a plausible story, and produced the
hued-writing of the Rer. Mr. Fletcher, of Moor-
fields Chapel, which induced witness to bal:eve
hint. Witness, however, asked that some security
might be given him for the loan, and the prisoner
said he would give him a bill. The next day the
priso,er brought him the bill produced, which hav-
ing the apparent acceptance of a tradesman, the
witness gave cash for it. When the bill became
due it was not paid, but in two days after the pri-
soner came and paid 31. 101. on account, and re-
quested that it might be kept back a few days.—
The witness refused to do so, and said he should
apply to the acceptor. The witness did apply to
the acceptor, who said he knew nothing about it.
Sir PETER LAURIE asked whether any other
persons had charcr,es to prefer against the prisoner ?
Herd field stated that several bookscllers had
visited the prisoner in the cage, but they did In t
now attend.

The Rev. Mr. Fletcher, of Moot fields Chapel,
had known the prisoner three or four years ; he had
ever (so fur as the Rev. Gentleman had known him)
acted consistently with the morels of the Gospel,
though with exceeding eccentricity. He (Mr. F.)
was applied to.by some booksellers to know whether
he would become Pe curity for the peyenent of a bill
for books, which the prisoner 7!.anted to have en
credit. Mr. Fletcher, in reply, stated what he
knew of the prisoner's character, but said that he
would be security for no man, us he had suffered too
severely already by being security.
Sir NETER. LAURIE said that the plea of insanity
was made on behalf of the prisoner. Had the Rev.
Gentleman allowed him to preach le his chapel ?
Mr. Fletcher said that he had permitted the pri-
soner to address his (Mr. Fletcher's) catecheticed
seminary, which consisted of young persons ; but he
had never allowed him to ascend his pulpit. The
prisoner, in addressing the catechetical assembly,
displayed greet workings of mind—but he showed
too great a fondness for what, in Scotland, they
culled " long-legged words," and such was the
objection taken against him, that the Rev. Gentle-
man was compelled to " crucify" the prisoner's
" feelings," by forbidding him to address them

Sir PETI3I: LAURIE-Whitt evidence have you of
hie insanity ? or do you believe him to be insane
M. Fletcher—From various circumstances I have
no doubt of his insanity. Besides the evidence of
his general eccentricity, I can state that he applied
to so many and such opposite quarters to be ad-
mitted uc a Pastor, that no man would do who was
not insane. He applied to the Countess Hunting-
don's connection, to Mrs. Fry, to the I3ishop
of
London, and to various other heads of Christian.
communities.

Sir PETER LAURIE—HOW has be got his living ?
Mr. Fletcher replied that he believe 4 he had
lived with his father, who is a horse•dealer. The
prisoner lived in a state of seclusion, like un an-
chorite, absorbed in his books.

A young man who had attended the catechetical
seminary, which the prisoner had addressed, stated
that his extravagance of style was such, that they
believed him decidedly mad.
Sir PETER LAURIE—Many eccentric men are
preachers, and not accounted mad. Eccentricity is,
indeed, a great cause of attraction.
Mr. Fletcher sad his chief characteristic was an
ardent and overwhelming attachment to that office
which was sought after by so many—namely, of
being a Minister.

The prisoner disclaimed any intention of defraud-
ing Mr. Wilson. lied he performed his promise of
waiting until 'Wednesday for payment, the full
amount would have been given him. In not doing
so, he had neither acted us a Christian nor a gentle-
Wan.

Mr. Wilson denied having made any such pro-
mise ; one of the prisoner's friends had since paid
him.

Sir PETER LAURIE said he felt it hi 4 painful. duty
to commit the prisoner to take his trial.
The parties were then bound over to prosecute,
and the prisoner wai fully committed.

THAMES POLICE-OFFICV-
On Saturday Pat Knight, otherwise Mad Knip,ht,
was charged with punching 0.2 mouth of Ann Mun-
roe, a young Irish widow, against the peace of our
Sovereign the King., and to divers injuries of the
frontispiece of th.e said Ann Munroe, and against her
dignity.

The Offender was put to the bar, and preser•ted a
funny appearance. He Tres what the cab-driver
called Sir Charles Flower, " a punchy fellow," with
as much humour and legs as short as the worthy
Baronet. There the " odorous comparison, ' us
Mrs. Malaprop terms it, ends, for Pat Knight's
dress was most picturesque. He had on white
knee-gaiters besprinkled with Wapping mud, black
velvet inexpressibl', a figured waistcoat, with blue
coat, and bright buttons. His face was most round
and rubicund, and a scratch on his nose proved an
amazonian contest. This " punchy" man in figure
and disposition was charged by the young widow
under the following circumstances:
Mrs. Munroe said that Mr. Knight came tc, her
father's room and axed for his rint for one week.
Then father replied, " By Jame, Pat Knight, I
can't pay it." Ails:her Knight then becomes quar-
relsome, and uses most improper langavidge, ter
Honour; and beease I tould him it was most un-
proper, he then punched me in the mouth whilst I
sitting asy in my chair by the fire.
Pat Knight, in defence, said he went far h s rinta
wken Mrs. Munroe poked him in the eye with a
key, and her father, who was a good fellow, would
prove it,

The father of the complainant was called, and
admitted that tint waa due, and that Pat Knight wl;s
a good fellow; but " by Janus, phase yer 'Honour's
Worship," said the parent," my darter, poor thing.,
never struck him a bit at all at all.
The Magistrate believed tint evidence, and or-
dered the defendant to pay two:lay shillings to the
King for the offence,

" Twenty shillnags t" ►cipon,le.l Knight, with a
moat curiw:a expres3ion of countenance. "Is that
OK, way they pay my tint ?"
Knight, who k a small landlord, paid the tine
and costs,

LAW INTELLIGENCE -(YETIS DAY). I - •
this means separate religious from political questions. It news„' The Government contingeslts satem or modern distinguished her during life, and gained her the respect, t THE MARKETS.-(THIS DAY).
of whCuth°RthNe -r
there
:Cs Ila Af
fair
, .G
quantity,
PRICES OF STOCKS THIS DAT AT ONE O'CLOCK.
I Rink Stock -
COURT OF CHANCERY. 3 per Cent. Red. 033%%1.4. Old Annuities - public bodies and the whole nation will undoubtedly unite bruited by the Ultra-Federal,. General Lavalle has quitted of all nations, having likewise received with similar
fhe supplies of Grain last week were small, except of
to
,74, 31/4 New Ditto -
It being Term time the LORD CitatecEr.r.oit now sits :,-301"ereerec!,',I-j-7ons•
- Ex. Bills, ..£ 1,000 2d. 77 '7B pm. with it in case of need, to prevent any infringement of the Buenos Ayres', and is now in Colonic Admiral Brown has marks of religious compunction the absolution given by
Irish Oats, *
at Westminster, but lie (lid not take his seat to-day till iird; Red - Ditto lid. 77 78 pm. .
, 'entity. 0111;
it bad struck eleven o'clock. t per Cent. Ann. - the Apostolic Nuncio and the Cardinal Patriarch. Cie report was inconsiderable. This morning there is sre,
Ditto, 1826 - Ditt0,,.,,,,, lid. 17 78 Pm the honour of the Belgic name anti the national indepen- don, relative to the death of the late Governor Dorrego, " Royal Palace of Queluz, Jan. 7. little Corn of any kind fresh up. There is not much Ws,'
IN RE ACRES, A SUPPOSED LUNATIC. Ditto Scrip - Ditto all
(Signed)
Mr. PHILI IMORE applied on behalf of the supposed Bank L. Ann. - Ditto lid. 77 -78 pm. lence. The Government does not wish to flatter a party, has made considerable stir here. Admiral Brown has ness doing in Wheat to-day, prime parcels fully suPP6
~,, e
bank for Account " Baron De SARDE, Chief Physician of the f amer prices, but other sorts are ver dull. Good ''''''
yi
lunatic's father, for a Commission de lunatic° inquirendo Ipnra VAars
- India for Account - in order to excite division. It does not look to parties, it written a letter, in answer to the charge made against him -
Kingdom, the Chief Physician of the Royal i:lg Batley obtains last quotations, bull other descriptite
to issue against Barnard Acres, now confined in a mad • Ditto Bonds -71 pm. Cons. for Feb 25_, 931 A 3 % td, looks to the people, and is vigilant of its happiness. It is in the said pamphlet ; Don Valentine Gomez has done the
house at Hoxton, who is by occupation a farmer.
hi'
Navy. cxceed the present demand. Malt is almost unsalea
PRICES OF FOREIGN FUNDS THIS DAY AT ONE O'CLOCK. for parties to come to it. The Government rests more same; but as you will read these communications in our
" JOAO HENRIQUEZ DE PAIVA, Phy- Beans of dry quality find buyers at no alteration in vall;''
Thr Loan CHANCELLOR enquired at an early stage Austrian Bonds - than ever on the principles of religious toleration newspapers, I shall not enter into particulars. It is said
sician to his Majesty." other kinds are rather cheaper. Boiling Pease Inainta;
whether there was any affidavit in support of the applica- Brazilian Bonds -21,4 1%,,i Peruvian Bonds 19% laid down in the fundamental law. There is justice to all that the old Senate, which was ejected by Lavalle in the
Ayres Bonds - Portuguese Bonds
LismoN, JAN. 14. the terms of Monday last. Grey Pease are chiefly Jag'',
tion by ally medic,] gentleman, that the supposed lunatic Buenos,_unian Bonds - Prussian, Old - Jail there is strength. The decree also enjoins the Ali- revolution of Ist December, 1828, is again to assemble.
-
On Sunday the body of the late Queen lay in state in and hardly saleable. Good heavy Oats are full as des'
was now of unsound mind? ( olorabian Bonds - Ditto, New - sister of the Interior to propose to his Majesty twang to " A treaty (offensive and defensive) has been concluded
Mr. PHILLIMORE answered in the negative. Ditto, 1824 - provide fur the profeseors and officers belonging to the between this province and that of Santa Fe.
Civil war one of the principal apartments of the Palace of Queluz ; hut to make sales of other sorts less prices must be toe'
made Greek
'7514% Spanish, :821 1134Mi%and after the performance of the usual religious ceremo- The Flour trade remains without alteration.
The LORD CHANCELLOR-Dr. M'Alichael has Greek Bonds -1,--- 1823 ' ee. euppressed establishment. still continues in some of the provinces, and in .Mendoza . .
vies of the Catholic Church by the Cardinal Patriarch,
two affidavit., ; one very recently, in which he states that Ditto, 1825 35 44 :French Rentes, sp. c. --f. -c. There is no foundation whatever for the report that M. several persons were put to death by the Federal party, , . PRICES ON BOARD OF SHIP.
-.1---..---- Exchange and] the ;Dean of the Patriarchal College, her Majesty's Wheat, Red (old)
the object of the wished for Commission is not now of ‘
itetaxtiicnainabli3o
rid
I --•• Landberg, Governor of the province of Liege, is appointed after they had forced the Unitarian Governor Alvarado to
-,-- 3 per cent....... -t. -c. ~,. .
mortal remains were conveyed with great pomp to the -White (old).. 555. 78s.
unsound mind. Ditto, 1825 97ti 1- Exchange -f. -..r. a Demister of the First Chamber of the States-General. cepitulate, in retaliation, as it was alleged, for some of theßed (1829) ... 41s. 48s. - Tick (new),„, 275 ,i,
Church of St. Pedro de Penaferin, near Cintra, where
Mr. PHILLIMORE was quite aware of this ;at the same
• they were deposited, the whole ceremony being concluded Superfine.. 635. MA. .-- Harrow (new) 30A. •„
time he was satisfied that the Court would rind, by the
Paid. Per Share. The day before yesterday the capital was thrown into " General Paz, the Unitarian Governor of Cordova, IS
at eleven at night. -White (1519). 465. 5Bs. -
affidavits that had been filed, that the father had the best Anglo Mex. Min. Co. (iss. at 51. pm.).£loo 301 i charm by a report that the plague had manifested itself in rather critically situated, his Government has not many Fine 63s. 665. 13rank 22(t. °'
of grounds for taking the painful step he had in sending his Br)ziitltioaii-41.m.n,lin.Co.(iss. at 51. pm.) £21(3 82% 82the
26% finest and most populous part of the suburbs, the supporters in the country districts of the province, and now Superfine.. 68s. 70s. Oats, Feed -s• .
-Al
Foreign free 455. 80s. ---- New 185. OF
son to Hoxton. If, however, his Lordship could not act Mexican Alining Co. £3s 14 Leopoldstadt. Happily the only foundation for the report that he is deprived of all assistance from Buenos Ayres, he THE FUNDS.-(THIS DAY.) Rye - Poland '-'' 7r7:1
on the petition as the affidavits stood, sufficient time not Alliance Fire and Life Insurance Co. 10 9% was the death of a person at an inn of an hospital fever. will find great difficulty to support a standing army; and Barley
Protector Insurance Comp ...... ...,... 2 £1 13 0
having been allowed to have made more, the Learned - Fine
30s.
Is.. - I'otatoeNew
...2-5:: 30a1
Counsel hoped the Court would direct some other medical PRICES OF IRISH STOCKS, DUBLIN, JAN. 2r2. SERBS, DEC. 14. head against the mortal enemy of the Unitarians (General It is now past eleveu o'clock, and the post has not as yet Malt 455. 565. - Scotch Old
1;
gentleman to see the alleged lunatic. Bank Stock 255% St. Patrick lnsur. (per Eh.) - The Albanian Chief, who, as we stated, was laying our Quiroga) • the latter has collected a considerable force, been delivered• Consols opened this morning at the um - Fine 595. 6:lti. - Irish Hs 181 .'
Consols, 3 per cent - .
e Pease, Grey
The LORD CHANCELLOR had read every syllable of the Gov. Stock, 3% per cent. 99% (National Ditto neighbourhood under contributions, seemed to project an with which, it is said, he intend. to give battle to the price they left off on Saturday, 93i to 4. for the Account ; - Maple 3os. 34.5. - Seconds 450. bvl:'
affidavits through, and, as they stood, it was impassible for Ditto, New - White - North Country 443. 5-.'
4 per Cent IOIN 'Hibernian Bank
- Boilers
biro to direct a Commission of Lunacy to issue, but for the -be received by many thousand armed inhabitants, at least, On the whole, although the intestine disputes of the at the latter price, and Consols Inv at present be quoted
(joy. Deb. 3% percent.... 91 t, Provincial Ditto -
purpote net of further satisfying himself, but of satisfying Royal Canal Stock -Royal Irish Aline _ After venting his fury on the town of Melanako, he re- Argentine Republic are far from being adjusted, yet things 934 i. In the Foreign slarket nothing doing as yet. ARRIVALS OF GRAIN IN LONDON DURING LAST Wgrig.
the public, he should direct the affidavits to be laid before Grand Canal Stock -(lmperial Mine - treated towards Salonichi. We learn that the Paci:a of decidedly look better, and in the province of Buenos Ayres LivearooL, JAN. g3.-The baldness done in British to te) ir
City Deb. 4 per cent. Mining Co. of Ireland
Dr. Goodge (should that gentleman be well enough to un- Ballast Office Deb. 4p. c. -Commercial Buildings - Salonichi, together with the troops of the Rumely Weil- perfect tranquillity reigns. Its financial difficulties are, Plantation Sugar this week is limited, which may be ae- From When l''' ''' r. 4
Er)
Whence. 2 •F• 4 F. ;.J g .
dertake the duty,) and that then he should examine the sup- - counted fur to the continuance of the frost preventing the t• ":,
FOREIGN EXCHANGES ON LONDON.
......_... ........._
.......0
posed lunatic either at Hoxton, or by taking the unfortu- and has probably returned home. ceived on the fatal let December cannot ensile be retrieved. forwarding of goods ;-the sales amounted only to SOO
Hemanac, JAN. 19.-13. 1.N.-Two months, 13. 123 i.
Qrs. Qrr. Qrs Qrs Qrs Qrs Eck''
nate young man to his house. ST. PETERSOURGM, JAN. S.-Three months, 10 11-20. Exchange upon England is at Bd. per dollar; doubloons lilids. at steady prices. We had rather a limited demand Aldbormigh 6O -.355 -• • • 16 -",,
LEIPSIC, JAN. !S.-Three months, 0. 11./.
102 paper dollars each, and business dull, except irt salt for Cotton this week, and may be considered about one- . Colchester 77 208 112 -- .471. H
Beaux, JAN. la-Three months, 6 .29,...i. Hamburg Papers of the 19th and St. Peters- Harwich
VICE-CHANCELLOR'S COURT, BARMEN, JAN. la-Two months, 626, • and flour, for which there has been, and is yet, considerable eighth of a penny per lb. lower than at the close of last
: Leigh l4O 60 - 12 61 26
burgh of the Bth inst. have been received. It demand.
Leigh ;--the total sales, including 'those by auction, are :=1
MS HONOUR disposed of all the cause petitions in his AMSTERDAM, JAN. 22.-12. 30.
Maldon 432 '73 - - 36 89 --'
Two months-12. 20 to 12. 22%.
British arrivals and sailings at Buenos Agree:--. 9,670 bags. The arrivals are only 3,689 bags. Gainsborough - - 15 - - - ‘a,
paper this morning, with the exception of those in which
Ipswich llO 227 401 - 50 81 ~,),
Mr. Horne and Mr. Knight were engaged. None of the MAILS. TAN is making a great display of viaour i
, , n the Arrived, Oct. 15, the ship Tyrian, Cunningham, from ENGLISH FUNDS.
Kent 282 451 - 94 157 111 '"-i
Due. Arrived. Due. Cadiz ; 20, the brig CleOpatra, Walsh, from Liverpool ; Bank Stock, 2171 184- 3i per Cent. 1001 - Liverpool --50 - - - .50:
petitions were of the least public importance. His Honour, Arroivel.merica
0 0 Hamburg 0 formation of his army, now that the struggle is 26, the barque, Julius, Collins, from Rio Janeiro.-Nov. India Stock, 23031 _
New 4 per Cent., 101 i i Poole
on corning into Court, observed, that he was extremely 0 Brazil
Rye ...,
serry to hear of the continued:indisposition of Mr. Horne, 1 Buenos A yre. 0 0 Jamaica 0 over, or does he contemplate another ?- 10, the brig Peace, Delgaris, from Valparaiso; 11, schoo- S per Cent. Cons. 93i 4 per Cent. 1826 105 i i Woodbridge 3B 433 40 - - --'
0 Carthagetia 0 0 Leeward Islands ... 0
nee brig David Campbell, Mure, from Liverpool. Do., for Account, 931- _a India Bonds, 73 74 Yarmouth - 320 - - - - •-:1
and the increased illness of Mr. Knight.
2 Dublin 0 2 Lisbon 0
HANOVER, JAN. 16. Sailed, Oct. 23, the brig Britannia, Black, for Havanna ; Ditto Reduced, 931 i Exchequer Bills, 77 78 Berwick - - - 196 - -
......1,
1 Flanders 0 0 Mexico
1 France 0 4 Sweden
ROLLS COURT, 0 Guernsey &Jersey.. 0 2 Waterford
FORGOTTEN JUDGMENTS,
Coleraine - - - 135 - - 10
HIGH WATER AT LONDON BRIDGE TO-MORROW. Mary Anne, Richards, for Liverpool ; the brigs, Lima, Buenos Ayres, 80 312 Mexican, 23i- 7 Cork - - _ _ _ _ 1
Mr. WIIITMARSit stated, that he was instructed to ask Morning ... 30 minutes after 3. I Evening... 49 minutes after 3. CONSTANTINOPLE, DEC. 9. Smith, for Liverpool; Jane, Knight, for Falmouth or Chilian, - Peruvian, 19 i- Dundalk ....
his Honour to give judgment on some early day in the _ - Count Orloff has had frequent conferences with the Am: Cowes, for orders, are to sail to-morrow morning ; the Colombian, 24a. b Portugueae, 69 60 Galway
Limerick - - 1700 - - 10,
_ - - 1905 - - '
case of Parton and Croxall.
_n ,5,,,,,,ee, 4- el; e bassadors of England and France but the Reis Effendi b• , fig Cognac packet, Winby,
,for LiVerpool, intends to Danish, 751 64 Prussian, - Londonderry - - - 700 -
The MASTER of the ROLLS (with some warmth).- has avoided all communication with him. This res • •1
el ve sat about the 23d inst. Newry - - - 1000 - - !,,
cf,-,-;'471074,,...., ~„: i.;;, •
French, 5 per Cent. 108 9 Russian, loq ioi
• There must be some mistake, Sir, in this. I left no judg- cb. is said to be owing to the resolution of the Porte, to waitWaterford - - - 1200 - - I('
...,.
1;1, ' • • 1;,.. ,C4P10.; - Ditto, 8 per Cent. B4le 3 Spanish, 111 i Youghall - - - 3470 - -
meat in arrear previous to the Christmas vacation. You 7 for the answer of Russia to the proposals of Halil Paella ;
must be under a misapprehension, Sir. - '
W e stated last week that the old Queen of .7'W 0 0' CL 0C K.
FOREIGN.
Hobart Town. Papers to the 16th August, Demerara Leghorn 3125 - - - _ ...., .
Mr. Wierretatten stated, Counsel never understood that
LONDON, quent interviews with the Reis Effendi, who is also visited PORTUGAL-the arch contriver and instigator
Papers to the
.27th Nov,, and Mauritius to the 4th Oct., New York - - - -
- 5001
the Court had given judgment. Mr. Beams had appeared more frequently than usual by the Austrian Internuncio
MONDAY EVENING, JANUARY 25, 1830. ' of MiGuEL's atrocities-was so dangerously ill have been received at the North and South Ai '
Baron Ottenfele. nericen Total 3754 2618 718 11322 434 427 rfi"
for the other side, and had the same impression on his
-- All the Ordieances of the Sultan indicate a great in- that all fears for her recovery were at an end. CoffeesHouee.
mind as lie (Mr. Whitniarsh) had.
' * - .

The MASTER of the ROLLS (with some warmth).—
There must be some mistake, Sir, in this. I left no judg-
ment in arrear previous to the Christmas vacation. You
must be under a misapprehension, Sir.
Mr. WHIT saasn stated, Counsel never understood that
the Court had given judgment. Mr. Beams had appeared
for the other side, and had the same impression on his
mind as be (Mr. Whitmarsh) had.
The Matyrza. of the ROLLS could not account for the
impression on the mind of Counsel. Certain he was that
lie had given judgment, and if Counsel and parties had
forgotten it the Court could not help it.
Mr. TINNEY had a like application to make in Tyrrell
and Oakley, which was heard iu Michaelmas Term 1828.
The MASTER of the Ror.r.s—l know nothing of the
case—it must be re-heard. I have given judgment in every
case, and this doubtless among the rest. You must re-
bear the case.

Mr. MARCHES! arrived atl the Colonial
Office last night with despatches from Sir
FREDERICK ADAM, Lord High Commissioner
of the lonian Isles. Mr. M. was also the bearer
of despatches for Lord ABERDEEN, from the
British Minister in Greece.

All the Ordinances of the Sultan indicate a great in-
crease of his army and navy, several distinguished Ge-
nerals are sent to Asia, accompanied by European officers,
to exercise all the young men in the use of arms. It is
said, that after the Bairam, the Sultan will review 100,000
regular infantry, and 30,000 cavalry.
Several ships with gold and silver bars are shortly ex-
pected fiom England.

We stated last week that the old Queen of
PORTUGAL—the arch contriver and instigator
of MIGUEL's atrocities—was so dangerously ill
that all fears for her recovery were at an end.
The hopes of humanity are now realized—the
old intriguer is dead and buried. What conse-
quences may result to her better-half in usurpa-

(Flom the Hobart Town Papers.)
The schooner Resolution arrived at Launceston from
Sydney, on the 9th. The Darling also, which has been
so long absent. These vessels bring no news.
SWAN /LIVER,
The cargo of the ship O,elia, which sailed on Saturday
last for Swan River, has a cargo of Colonial produce,
about 7,500/. sterling ; all of which was laid out in cash,
we sinoerely hope she will make a quick passage.
We congratulate the Public on the arrival of the war-
rant for the appointment of the Legislative Council.
We have received Sydney Papers to the 10th inst. These
Papers are filled with domestic affairs. Mr. Hayes, the
Editor of the Australian, has been sentenced to six months'
imprisonment, and 1001. fine.

AGGREGATE
Rye, CL—Tares,

QUAN'
0-Lit

,TITY 0
inseed,
istard,

F OTH
a--R:

YR KIN
apeseed,
ds. 390.

'DS OF
, 0--;

r PULS]
.Brank,

SMITHFIELD MARKET.
In this day's market, which was throughout well stir
plied, the trade with Beef and Pork was very dull 3t
Thursday's prices; with Mutton and Veal tolerably brisl4
with the former at an advance of 2d., the latter Sd. Per
stone. That part of the market appropriated to the rate
of Beasts was, for the most part, owing to last week ,f
snow not being removed from it, a complete slough °f
mud, water, and cattle soil.
PRICES PER STONE OF BLBS. TO SINK THE OFFALS.
s. d. to s. d. s. d. to 0 "0
Inferior Beasts 2 2 2 6 Large Lambs 0 0
r, 0
Second quality ditto 9 (3 3 0 Prime small ditto... 0 0 0
Prime largo Oxen 3 4 3 8 Large coarse Calves 4 8 5 0
Prime Scots, Sm 3 8 4 0 Prime small ditto,.. 5 8 6
Inferior Sheep 2 6 2 8 Large Hogs s 6 gl3
Second quality ditto 210 3 4 Small Porkers 4 2 4
Coarse-woolled ditto 310 4 2 Suckling Calves 12s to 32,1.001.
SoutlidownWethers 4 2 4 6 QuarteroldPigs 12s to 18s. tab'
SUPPLY, AS FER CLERICS STATIBIENT.
Beasts. I Sheep. I Calves. I rigs.
2,573 I 17,263 106 220
About 1650 of the beasts came up the different orth Rosa
about 350 from the western and midland districts about 550 fro°
Norfolk, Suftblk, Essex, and Cambridgeshire; about 100 (roll'
Kent and Sussex ; and most of the remainder from the marshe''
&c., in the neighbourhood of London.

COURT OF KING'S BENCH.

CRIMINAL IXFORMATIoN.—THE PING V. TRACY, ESQ.

Mr. De man moved for a rule to shew cause why a
criminal information should not be filed against the de-
fendant, a Magistrate of the county of Norfolk, for alleged
illegal conduct in the discharge of his duties. The trans-
action which gave rise to the present application was as
fellows :—A gentleman of the name of Dye took into his
service a young woman named Ellen Burrows, on an
agreement that she was to receive a salary of seren guineas
per year, and in case of any disagreement arising between
them on either side, half a quarter's notice to leave was to
be sufficient. After the young woman had been some time
in Mr. Dye's service, Mr. D. having made tome alteration in
his household, lie gave the necessary notice of half a quar-
ter to his servant, and desired her to leave, but she peremp-
torily refused so to do, when he gently turned her out of
the house ; upon which she went directly before a Magi-
strate (Mr. Tracy), who heard her statement, and granted
a summons against Mr. Dye on a charge of assault. It
not being convenient for Mr. Dye to attend the summons
immediately, Mr. Tracy issued a warrant, upon which
Mr. Dye and hie son, who is an attorney, attended before
the Magistrate, when they requested permission to ask the
girl some questions respecting the statement she bad
made; this Mr. Tracy refused, alleging as a reason
that the statement had not been deposed to upon
oath. The girl, however, having sworn to the state-
ment, Mr. Dye again requested to ask her some
questions, but again he was refused by the, Magis—
trate. Mr. Dye and his son strongly pressed their right
to adopt such a course, " but,"said Mr. Tracy," the assault
has been sworn to, and it is therefore useless." Mr. Dye,
jun. still persevered, when Mr. Tracy threatened, and ac-
tually did turn him out of the room. He also behaved
with considerable violence towards Mr. Dye, sett„ who,
when standing by the chimney-place, with a whip in his
hand, was desired by Mr. Tracy to lay it down, and point-
ing to a particular part of the room, Mr. Tracy said,
" There shalt thou stand." Mr. Dye finding all his at-
tempt at putting questions fruitless, and upon which
questions alone could a Magistrate decide upon the
transaction, said he should enter into security to
appeal against the decision to the Sessions. Mr.
Tracy then asked the girl whether she objected to
such a course? and being informed that she did, he called
upon Mr. Dye to pay a fine of 51., which was accordingly
done, and Mr. Tracy divided it in the following manner:—
For the assault he awarded ten shillings, for half a year's
salary (which the servant said was owing) W. 13s. 6d.,
and the remaining sixteen shillings and sixpence was kept
for costs.

Mr. Justice I'm:mg—Was the summons granted in the
first instance for an assault only
Mr. DENarAN-Yes, my Lord, and the Magistrate, by
deciding a question of wages, clearly exceeded his power.
Lord TENTERDEN, after consulting with the other
Judges, slid you may take a rule to show cause, Mr.
Denman ; but if the matters contained in your affidavits
are satisfactorily and completely answered you are aware
of the consequences.—Rule granted.

SHIII.II V. SIR CEILARI) XO!L.

Mr. CAMPBELL moved for a rule to show cause why a
new trial should not be had in this cause. It was an
action on a breach of covenant, triad before Lord Tenter-
den, on Friday last, when a verdict was given for the
pisintiiL
The Coure refused to disturb the verdict, on the ground
diet if a person suffered his property to be i■ the posses-
sion of others for 20 yors, without demanding rent, and
was usable to prove that sh:11 possession was by his liberty
and couleur, the presumption as that it was hell by an
adverse title, and on such presum;ltion the Court were
bound to act.

Despatches have likewise been received from
St. Vincent's, which announce the death of Sir
CHARLES BRISBANE, Governor of that island.

Despatches from Paris and Brussels have
been received at tl►e Foreign Office.

We are sorry to say that very unfavourable
accounts have been received this morning from
the Swan River. The second ship going out
has been lost, and they were in great want of
provisions. It is stated that this new-formed
Colony was broken up, and most of them were
going to Sydney. The ship said to have been
Jost is the Marquis of Anglesea.

HAMBURG, JAN. 19.
13011SEN-HALLIC, Fou= O'CLOCK.—Our Foreign Stock
Market continues to improve. Yesterday the high price
of the New French Four per Cents. occasioned a good deal
of speculation ; to-day the market maintained itself firmly
at the prices marked below :--.

End of January.
Anglo-Danish Loan, 3 per cent.
Anglo-Russian Loan RSN
Hamburg-Russian Loan
Polish Bonds 123%
Austrian Bank Shares 1292
Austrian Metalliques 103%
New Austrian 4 per Cents.
Anglo Neapolitan
Falconets

On the 12th inst. the Duke of Brunswick left his capital
on a journey through the Netherlands to France, where, it
is said, hi■ Highness contemplates the purchase of landed
property. It appears probable that the Duke will remain
absent for some time from his hereditary dominions.—
Large sums of money have been remitted to France,
and various articles of great value ; among them some
which had been considered heir-looms of the family, hav-
ing either preceded or accompanied his Highness. In the
appeal of Baron Von Siergtorpff, the Tribunal of Wolfen-
butte] decided on the 14th instant, " that a legal inves-
tigation not having taken place, the sentence of banishment
under date of the 17th of June, 1828, could not be con-
sidered in the light of a judicial decree, and that therefore
no just impediment remained in the way of the appellant's
return. In consequence of this sentence the Baron Von
Siergtorpff's return to Brunswick was expected, but has
not hitherto been realized. It is generally said, that on
the 9th iust. the Hofnud-Justizrath Fricke went to Wol-
fenbuttel, where, after communicating to the assembled
members of the tribunal the marked displeasure with
which their sentence had been received, lie proceeded to
cancel it in their presence. Among the articles of value
which the Duke of Brunswick has taken with him to
Paris is said to be the Onyx cup, which has long since
been considered one of the principal ornaments of the
Brunswick Museum. Towards the conclusion of the seven
year's war, when the great grandfather of the present
Duke was in want of money, Catherine the Second offered
200,000 rubles for this cup, but the offer was refused.

ST. PETERSBURCH, JAN. 7.

Accounts from Pera, of the 6th of December, give a
very long and interesting narrative of the audience which
Count Orloff had of the Sultan at Rainis Tehiflek, which
we shall communicate to our readers in our next.

By the arrival of his Majesty's brig Lyra we
have received Papers and private letters from
Buenos Ayres to the 14th November inclusive,
from which the following are extracts :

Bunios AYRES, OCT. 17.

The Indians, it appears, have made an irruption towards
the North, and approached the town of Salto, having
plundered the estancias of a quantity of cattle; this they
have been able to effect with impunity, from the want of
horses of Colonel Pacheco's division, which want is sub-
sequently stated to have been remedied, and that the Com-
mandant General of the country districts, Don Manual
nosas had dispatched to that quarter 500 cavalry militia,
and 1,000 good horses ; news is therefore soon expected
of active operations having commenced.
OCT. 24.—The news from some of the interior pro-
vinces still breathe war. It is affirmed that a reac-

tio❑ has taken place at Mendoza, that the federal
pa,rty has succeeded in entering that city and obliged
the Governor, lately appointed, (General Alvarado), to
capitulate, and that several lives have been lost. General
Quiroga, it is likewise stated, has collected a considerable
force.

General Miller arrived at Montevideo some day since,
n the British brig Three Sisters, from Rio Janeiro, and
s expected in this city on hi, route to Pera.

OCT. 3l.—The Brazilian Consul at Monte Video has
given notice, that by a communication dated 18th inst.,
from Rio Janeiro, the following prize vessels have been
finally condemned in the Prize Court of that city, viz.:—
American brigs, Sarah, President Adams, and schooner
Express ; Bc itish brig, Hellespont, schooner brig Libe-
rator, and schooner Unicorn ; Argentine schooners
Tell; Balandras, Santa Rita, and Rosario.
NaypqEß 7.—Some of the provinces are in a most
unsettled stat;', and the city of Mendoza has been the scene
of considerable blood::::ed. It seems that one Aldao, a
partisan of the late Federal Gow;:rnment of 'Vendor*, and
who had formerly been under monastic discipline, collected
some troops, forced the Governor, Alvarado, to capitulate,
and on entering the city several persons were shot in re-
venge, it is said, for a brother of Aldao, who had beets
put to death.
The fo!lew;ng notice should have appeared in our last
number :---.

ion will shortly be seen.

A morning Paper, the Times, very justly
observes, with respect to this woman, " Few
persons in modern times have enjoyed such ex-
tensive means of mischief on so limited a stage
of action, and none have ever exercised them
with a more eager instinct of cruelty and ven-
geance. Reflecting, in her last moments, on
the distracted condition of the Portuguese mo-
narchy, groaning under usurpation and oppres-
sion, with its trade destroyed, its industry para-
lyzed, and its best subjects in dungeons or in
exile, she could leave the world with the proud
satisfaction that its delivery into the hands of
despotism and anarchy was mainly her own work.
" This mischievous woman died on the 7th

HIS MAJF.STV'T CHARGE D'AFFAIRES.

inst., at the age of 54. Though for a long
time called the old Queen,' she was not thus
far advanced in life when she became the victim of
her dissolute habits and ravenous passions. The
scandalous chronicle of the Court at Lisbon re-
cords more causes of her premature decay than
we are willing to notice. Suffice it to say, that
the pretended penance and prayers,—the de-
votion and retirement of the latter years of her
life,—however edifying to her confessor, could
not be expected to repair the ravages which early
and long-continued profligacy had made upon
her constitution.

lIGUNOS AYRES, AUG. 27, 1829.

" Stn,-I beg to acquaint you, for the information of
any of his Majesty's subjects in Buenos Ayres interested
in claiming indemnification of this Government for illegal
acts eol-.:N.;itted by privateers under their flag, during the
late war with hrh.al, that a mixed Commission has been
appointed to examine and liquidate their pending claims.
I shall be happy to forward to the ConuLis6on the par-
ticulars of such cases as may be transmitted to ere for 614
purpose. " I am, &c.

" Some curious stories are told of the means
employed by the doctors and divines who sur-
rounded her death-bed, to prolong the life of
this worthless Princess. Medical skill confessing
defeat, they sent from Queluz to Lisbon for a little
miraculous image called our 'Lady ofthe Rabbit-
hole,' to the fame and wealth of which she had
so largely contributed on its first discovery in
1823. But this image, which mainly contri-
buted in that year to overthrow the Constitu-
tion, and which has since nearly filled the Ca-
thedral of Lisbon with votive offerings, was
found to have Ho efficacy against the QUEEN'S
malady. Her hopeful], son, MIGUEL, was
anxious that her life might be preserved a few
(lays, chiefly that he might enjoy a hunting ex-
cursion which he had projected at Pinheiro ;
and he was not a little displeased with our Lathj
for allowing his mother to die on the 7th in-
stead of the 10th, when he would have been
ready for the event.
" Our correspondent enters into some details
on the character of the QUEEN, which, if we
had room for them, would form a curious eon-
trast with the statements extracted below from
the Lisbon _Gazette. The writer of Court flat-
tery,—the monks and Nobles who profit by the
plots and intrigues which she organized and con-
ducted for the overthrow of the two constitutions
established in Portugal, may eulogize her piety
and her zeal ; but among the sensible part of the
nation her memory will be execrated. Cruel and
blood-thirsty, rapacious and revengeful, she has
left no regrets behind her but among those
whom it was infamy to please, and oppression to

(Signed) "Al'. PARISH.
To the Chairman of the Committe of British Merchants."
The Treaty of Friendship and 41liance between Buenos
Ayres and Santa Fe, dated Oct. IS, is now pvbhAed.

NEWGATE AND LEADENHALL MARKETS.--
At per stone, by the Carcass.
s. d. to s. d.
Beef 2 2 3 4 Veal l3. ,1
o.t 4/ 05. J 6
Alutton 2 6 3 10 Pork . 20 4
14

The following letter has been received from
the Agent to the North and South American
Coffee-house, dated Buenos Ayres, Nov. 14,
1829 :

" I have not any very particular news to communicate
to you by this packet, and considering the circumstances
of the country, and the late civil war, ' no news is good

promote "
The following are extracts from Lisbon Ga-
,zettes to the 17th inst.:—

(From the Lisbon Gazette of Jan. S.—Official part.)
" The serious illness and long-standing sufferings of her
Majesty the Empress Queen our Sovereign having in-
creased so as to manifest a general dropsy, with the evi-
dent token and peculiar symptoms of hydrothorax, her
Majesty on Chtistmas night took the sacrament in the
private Oratory with the usual devotion ; and the idea of
imminent danger increasing as more alarming symptoms
appeared, which gave real uneasiness to the undersigned
physicians, who have for many years had the duty of pre-
scribing for her complaints, her Majesty was pleased to
consult them, requiring aformal, unreserved, and sincere
opinion respecting her situation, and as they informed her
of the imminent danger in which she was, on consi-
dering the serious nature of the symptoms, she imme-
diately, on Monday, the 4th instant, desired to re-
ceive the Sacraments of the lord's Supper and ex-
treme unction, which she did at half-past six in the
evening, manifesting in this religious ceremony the
sentiments of pure and true religion, suitable to
the virtues which always adorned her august cha-
racter; and as, by the care of Divine Providence and the
aid of medicine, she survived till to-day, Thursday the
7th, half an hour before her death, which took place at a
quarter before four in the afternoon, she desired that the
holy sacrament might be again administered to her, which
she received with the evident marks of the purest resigna-
tion to the Divine decrees, showing to the last moments of
her life that unalterable religious character which so much

COUNTRY CORN MARKETS.
NEWCASTLE.UPON.TYNE MARKET.—Jan. 23.
We had a full supply of Wheat from the flame, to—dayt
for which there was a good demand, at about the prices of
this day se'nnight. The supply of Oats was not so large
as of late, and met a ready sale without change in prices.
Scarcely any thing doing in Barley during the week, the.
severe weather stopping all fresh supplies. Fine heavY
Rye in good demand. Few Beans or Pease offering'
Malt heavy sale.

w. .
Wheat, Northumberland 'kisNe62s. -sOld. -cl -. Norfolk and Soflblk 581. 60s. -3. ...-6.
..........-.. Berwick and Scotch 58s 58s
- Dan tzig
--a --3
Rye, Norfolk and Surf°lic 321. 371.
- foreign -s - -s. .-11.
s. 30s. 355.
Barley, Malting, Norfolk and Sullblk... 285. 345.
--- Grinding and Feeding 245. 265. ...... -1. -11. '
Malt, Norfolk and Suffolk -, -s ...... 545. 565.
Beans, Small -s. -s. ..... . 38s. 40$.
Tick 561 3Ss .. -8. -s.
Gray -
Pease, White ....
-s. -s. ...... 38s. 425.
-
Oats, Northumberland, Potatoe 345.
21 2366
s. 5s
---- Feed 16s 19s
- Foreign
-s. -e -s. -5...
Flour, Fine (per sack) -s -s. ...... 435. 445.

MANCHESTER. CORN MARKET.—Jan. Z 3.
There has not been much doing in the Corn trade dur.
ing this week, the only water conveyance open being by
the Irwell to Liverpool. Although the stock on hand it
considered small, the trade to-day was exceedingly lap'
grid at the prices subjoined. Most articles in the trade
were offered at lower prices, to be delivered after the
canals are open.

Customary Bushel
Wheat (701 b.) s. d. to s. d.
English, Old 9 6 910
—. Fine 810 9 1
Second Run 5,,,,,,,, 8 6 8 9
Scotch & Welch 8 0 9 u
Irish, Fine Old 8 9 9 3
7 10 2 6
-- Inferior 7 0
Foreign, Free 8 (
Barley (601 b.)
English, Fine
Irish 4
Inferior for grinding 4
Oats (451 b.)
English, Fine Poland 3
Scotch, Potatoe
Irish, for Mealing 3
Provender—......... 3
Foreign, 2
Pease (Imp. Rush.)
5

70 7 6

U to 5

Quar. of 8 Imp. Bush.
s. d, to s. .1.
GS 4 '7O cli
63 7 65 4
61 2 63 0
57 7 64 9
63 0 66 7
56 4 61 2
50 4 54 0
57 7 '72 0,

e
• f?-
011

2 5 6
A 4 10
6 4 1)

39 2 41 0
34 10 36 1
33 7 35 5

3 3 6
3 3 6
0 3 g
1 3 3
0 3 0

24 S 2G 1.
23 7 46 I
4 23 7
23 0 2L 3
20 6 22 4.

White