The Sun.
London, England, 1825-01-22 00:00:00

ARCHES' COURT, JAN. 21.

THE OFFICE OF JUDGE PROMOTED BY MONTAGUE BUR-
COYNE, ESQ., versus THE REV. DR. FREE.
This was a suit instituted by Montague Burgoyne, Esq.,
against the Rev. Dr. Free, Rector of Sutton, at.Betlford with-
in the Diocese of Lincoln and Province of Canterbury, calling
on him to answer certain articles and interrogatories, which
charged him with fornication, incontinence, cursing and swear-
ing, indecent conduct. drunkenness, neglect of divine service,
converting to his own use the lead over the chancel of the
church, refusing the use of the church for the performance of
the baptismal and burial services, and with various other acts.
The PROCTon for Dr. Free prayed the Court would be
pleased to allow the case to stand over until the nett court.,
day, in order that Dr. Batton, the Vicat-General, and official
principal of the Diocese of Lichfield, might be allowed to have
the opportunity of tendering a protest against the jurisdiction
of this Court.
. Sir JOHN NICHOL said, he was willing to allow the case to
stand over, provided that both parties assented.
. Dr. LIT SHING TON opposed any delay.
Sir Jon Nt NlctioE said the Court would certainly not wait
for Dr. Batton, unless it was agreeable to all parties. He
wished to know if any practitioner of the Court could recollect
an Instance of a Chancellor of a Diocese interfering in this way.
Several Counsel said they never heard of such a circum-
stance.
Dr. JESSE ADAMS was heard on behalf of Dr. Free, and
contended that the party complained against was not compelled
to give any appearance to the citation. The case came on by
letters of request, signed by Richard Smith, M.A.' Commissary
of the Archdeacon of Bedford ; and the Learned Counsel said,
the question which arose was, whether the letters of request
should lie in the Court of Arches, or in the Diocesan Court.—
The letters of request should have been assigned to the Chan-
cellor of Lincoln, and not to this Court. By the Canon Law
there was no doubt an appeal lay from the Commissary of the
Archdeacon of Lincoln to the Chancellor of Lincoln, but not
to this Court. 'The Learned Counsel cited several portions of
the Canon Law in support of his argument.
Doctors LUSHINGTON and SWADEY having been heard in
argument,
Sir JOHN Ntcrtor. over-ruled the protest, and assigned the
party to appear absolutely.

c:ekti
:4litthitlit
eee,
HIGH COURT OF ADMIRALTY, JAR. 21.
.lUDGMENT—TILE ZODIAC.
Lord STowEtr. said, this case came on last term, when he
referred it to the Registrar and Merchants to report thereon.
They had made their report, and he (Lord S.) hoped it would
not be considered,a departure from the,general rule, if he dis-
sented from theth in some particular circumstances.. The case
was relative to a bond of bottomry. This description of bond
was sometimes occasioned from absolute necessity, particularly
in foreign countries, where repairs are done to ships, and bonds
are given, which constitute a lien ion the vessel. In former times
bottomry bonds were considered as a lien on the ships until
the time of Charles the Second, when the lien ceased. In fo-
reign ports, however,, it is all times necessary to resort to
this sort of contract, and in such cases bottomry bonds have
always been held sacred. The present case was one which
contained some peculiar circumstances ; and although his
Lordship had examined the ancient and modern writers on
maritime law, he had not been able to find one that bore on the
present quetition.' Tlf4Qourt' had always been extremely
cautious and tender -in meddling' with these contracts, but it
was necessary to look carefully into them in order to see that
no disadvantage is taken of the distress under which the ves-
sel may labour; generally speaking, however, they
.are con-
tracts in which both parties agree at the time of execution, and,
therefore, unless the contract be impeached, the Court will not
interfere. This case was said to be distinguished by speciality
of circumstances ; one of which was for the services of a Consul.
His Lordship did not recollect such an item occurring in
a bottomry bond before, but he was prepared to say that
it may not very properly occur. The circumstances of the case
were these :—The Zodiac sailed from Bristol in 1822 or 1823,
with a cargo for Bristol, United States, and during her voy-
age she met with misadventures, one of which was of a
very grievous nature—the death of the Captain, who was also
the owner. He was, of course, succeeded by the mate, the
Captain's natural successor—a person in many respects ex-
tremely unfit for his situation, as he himself acknowledged,
wasei v consignede
d ttchohetciirogtoewd.
cargoittolaivna.setntrill
ytiriel.
for he expressed his wish to return to his more humble station
mer-
chantcwahrgoorcof n-otei..
BoTstielen,
butcvlelsasregle.
e(r,ohavingnwshu
which
ahwn ya
is:
eh
appliedindgi
discharged
1 ep‘scelortiuinidtinillstdeohlreouner:tsloty. freight,
got another freight for her to New Brunswick, and proceed-
ed in her himself. His exertions were testified to by the
Attorney-General of Saint John's, New Brunswick, as well
as by associated merchants who exercised an impartial judg-
ment on the Consul's merits. The ship at length returned
to England. That the Consul was, therefore, entitled to remu-
neration, could not te doubted; but the quantum was objected
to by one of the parties in the cause. The amount charged
' was 5 per cent. and it was charged on two grounds ; one by a
paper called a tariff, which authorizes a charge of 5 per cent.
for the care of an intestate British subject's effects. What the
authority of this tariff was, did not appear, nor whether it
, had been acknowledged by any competent authority at home.

There was, however, no intestacy proved, and whether the
deceased Captain made a will or not, was not known ;
therefore the charge on the intestate person's estate could
not stand, and consequently the matter of the tariff did not
apply to the case. The other ground was, that 5 per cent. was
the common mercantile premium for services of this nature
done by merchants. Now, that sum may or may not be a pro.
per sum for the services of the Consul, but it was certainly a
very disproportionate rate generally, because there might be
but slight trouble regarding property of great value, or consi-
derable trouble with property of small value ; therefore, the
five per cent. would be too much in one case, and not sufficient
in the other. " I tremble at the idea," said his Lordship, "of
making five per cent. the standard sum on property of every
value." Now the only question was, what ought the Consul to
have for his services ? It appeared that an old paper was found in
the ship, which stated that her value was 4,0001. On what opi-
nion that value was fixed, his Lordship did not know, but it
also appeared, that she had been purchased by the deceased
Captain, at 1,8001., and since then she has been sold for
2,5201., at long bills, which would bring her under the value of
1,500/. ; so that how she should have been worth 4,0001. in the
intermediate time nothing was known, and yet the per centage
had been charged on that sum. His Lordship's opinion was,
that she was not worth above 2,0001. at the time alluded to.
The per centage on the value was not a proper way of remune-
rating a public officer, yet the registrar and merchants had so
fixed it. His Lordship, after some further observations, con-
firmed the validity of the bottomry bond, but limited the re-
muneration of the Consul to 1001.

SINGULAR ROBBERY IN A FRENCH CHURCH.—
On Sunday last the service was disturbed at the
church of St. Roch, by a scene which must not
be passed over in silence, at a moment when the
project of a law is presented respecting transgres-
sions committed in churches. A young man,
of elegant appearance followed two females upon
their entry into the church, without, how-
ever, addressing them ; whilst they were at
prayer before the altar of the Virgin, the young
man dropped his glove, and pretending to pick
it up, he raised a purse that one of the ladies
placed upon a chair,and retired with the greatest
coolness. In the first moment of astonishment,
and out of respect to the place where she was,
the person robbed confined herself to some corn-
plaints uttered in a low tone of voice. Those
near her perceived the circumstance, and in a
moment the church resounded with the cries
of " Robber." Some of the police arrived, and
upon the information given them they hasten-
ed, not after the robber, but after the beadles,
who were on the other side of the body of the
church. He must be a very awkward thief that.
did not escape in this period of time ; and he who
had boldly stolen the purse was not slow inf
availing himself of it ; however, time officers re-
turned, add compelled the ladies who were there
for the purpose of hearing mass, to repair to the
commissary, and sign a proces verbal of the cir-
cumstance.—(Courier Francais.)

We hear that it is Mr. KEAN's intention to
move for a new trial in the ensuing Term, which
commences on Monday next.
A DEiPERADO.-It -is stated in the Baltimore
papers, that a soldier deserted from Fort Ttl'Henry, on Fri-
day, thel 10th instant, whO had stolen forty dollars from
one of the Officers. A serjeant and a I'e of men were
dispatched in pursuit of him, and by the assistance of a
wetchman he was traced to a den inhabited by the frail sister-
hood on the causeway, and by making a rapid movement upon
the Gentleman's bed-chamber, surprised him in the arms
of his " dearee." He was conveyed thence to the watch-house.
The serjeant informed Capt. Evans that he was a bad fellow,
and had better take cart"; upon which the Captain demand-
ed of the prisoner whether he bad not a dirk, to which he
very civilly replied that he had ; the Captain then ap-
proached nearer to him, and desired him to deliver the dirk-
['he soldier drew out the dirk and stabbed both Captain Evans
and the Serjeant almost at the same instant, and fled. He
was pursued by some soldiers and watchmen. One of
the soldiers came up with him and pricked him in the
back
,with his bayonet, when the ruffian turned upon bins
and gave him several stabs with- his dirk, and again got off.
The next morning he was pursued and taken on the Philadel-
phia road, but not without some difficulty, as he again brandished
his dirk, and threatened destruction, but on a pistol beigg ;
snapped at him, he yielded.--( American Paper. )
Yesterday morning, about seven o'clock, a boat
crossing the river to Irongate-stairs, having two
men and a woman passengers, in passing a tier of
ships the woman imprudently, in the boat passing
under a ship's hawser, took hold of it, which
• •.
pulled her out into the river. On her rising, she
was fortunately caught hold of by a boat-hook
and saved. •

COAL MARKET, JAN. 21.

Ships at ;Market. Ships sold Price.
22/ Newcastle . - 13 -30 s OEI to 46 61
ioi Sunderland - . 10i -31 is ocl to 41s 94

COURSE OF EXCHANGE, January 21.
Amstettlam
Ditto, at Sight
Rotterdam li 2
Antwerp l2 3
Hamburgli 3G 10 24 Pis:
Altona
Paris,3 Day's sight
Ditto
Plourde:tux, ditto
Berlin 7 5
Ft ank fort on the Nlain , .... 151 Ex. Monei
Peletsburgh . 9
Vienna lO 2
Trieste lO 2
Madrid
Cadiz
!Whoa 354 EffectiVel
Barcelona
S-eyille
Gibraltar .. 11
Leghorn
Goma 44i-Venice, Dal. Liv. 27
Malta
Palermo
Lisbon
Oporto - ..-
% ,-, 4
1
Rio Janeiro
Bahia . 50i _ , .
Doblits .... 9k Cork yi pet Cent. . 1

BULLION.

Portugalpold n Coin S / 0 0 0 pt. 01*;

Foreign Gold, in Bars
New Doubloons ..
New Dollars 0 4 403
Silver Standard in Bars, - -0