The Sun.
London, England, 1836-08-01 00:00:00

THE. SUN, LON DON, MONDAY', AUGUST 1, i 836.

THE FUNDS.-(THIS DAY.)

CITY, TWELVE O'CLOCK
Our arrivals this morning are two French, two Ostend, and
one Dutch Mails, with ship letters from 'Rio Janeiro, Jamaica,
Quebec, Buenos Ayres, Havannah, Demerara, and Madeira
—from Singapore, 17th Feb. ; New Zealand and Calcutta,
sth March ; New York, Bth July ; Bombay, 13th Feb. ; and
Cape of Good Hope, 12th May.
A report preva►led in the morning of the death of Mr.
Rothschild.—On enquiry, we find it to be incorrect ; although
he continues in the same unfavourable state.

The Buenos Ayres papers to the Ist of May have the fol-
lowing :—" From the official documents we have from time to
time published, our readers will have been informed that the
Government of the Province of Salta, although professing
adherence to the cause of federation, was accused of acting
totally different to the principle it professed ; and that the
City of Salta had become the focus in which the enemies of
federation formed their plans of offence; and the information
obtained determined General Alegrandia Heredia, Governor

of Tucuman, to advance on Salta, and remove the Government.
He set out with a force sufficient, as he states in his dis.
_ _

patch, dated Jujui, on the 24th ult. ; after harassing marches,
he arrived in the territory of Salta, and traversed that province
and Jujui without firing a shot, and was received with great
enthusiasm by the inhabitants. The Government of Salta
decamped, and the expedition terminated in the complete
pacification of the province of Salta and Jujui. Thus all the'
provinces are under Governments who are attached to the
federal system. Highest price of doubloons during the week,
124; highest price of exchange on England, 64d."
By the Prince Edward Island papers to the 224 June, we
find that the General Assembly is prorogued until the 14th of
July next.

The New Brunswick papers to the 3d July state :
" His Majesty's sloop Wanderer, which sailed hence on
Monday, proceeds to the Bay of Fundy, to prevent infringe-
ment on the British fishing grounds in that quarter by ves-
sels of other nations. There is now a ship of war on every
fishing-station for that purpose."

ROLLS' COURT-(THIS DAY.)

GREENWOOD V. TAYLOR AND ANOTHER, EXECUTORS 'OF THE

LATE DUKE OF TORK.-JUDGMENT.
The Mmarait of the R.or.as, in giving judgment in this case,
said that his Royal Highness the late Duke of York being
Commander-in-Chief of the Army, and Colonel of a Regi-
ment, employed Messrs. Greenwood, Cox, and Co., as his
army agents, and executed to them the usual power of attor-
ney. Under this power, the agents, from time to time, received
the pay, allowances, and off reckonings parable to his Royal
Highness. They made payments on his behalf, and at the
time of his death a large sum of money was due to them on the
balance of an account. At the same time there was due to his
Royal Highness from the Government various sums of money,
which, if he had lived, would have been receivable under the
power of attorney. These sums consisted partly of arrears of
pay, contingenciea, and allowances, accruing in the year 1826,
and the beginning of the year 1827, partly of the balance of
the cloth;ng account for the year 1827,. and there were also
some sums of money due for travelling between the years 1801
anti 1807. Very shortly after the death of his Royal Highness,
the agents, Messrs. Greenwood, Cox, and Co., filed
their bill on behalf of themselves and the other creditors,
against the executors, to obtain payment, of their demand.
The decree, dateeL3d February, 1827, directed the usual ac-
counts to he taken, and ordered the Master, if he should find
that any of the creditors had any security cr lien for any of
their debts, or any part of the Duke's personal estate, to state
the nature and particulars of such securities or liens, and the
priorities thereof. The Master by his repoit found a sum of
7.5161. 12s. 1 Id. due to the plaintiffs; but by an order, dated
the 4th of Feb., 1831, made noon the petition of the execu-
tors, it was referred back to the Master to review his report
as to that .sum. In pursuance of this order, the Master made
a report, dated the 6th of June, 1835, and found the several
sums mentioned in the second statement of facts brought in
before his predecessor, with certain exceptions; and also the
sum of 2.3181. 17s. Bd. issued by the War-office to the plain-
tiffs, or, the 2d of August, 1830, on account of the travelling
expenses of the testator, from the year 1801 to 1807, was part
of the general assets of the testator at the time of his death,
and that the plaintiff's had not any specific lien on either of
those sums, but that they ought to have been paid to the exe-
cuters of the Duke, to be accounted for by them as part of the
personal estate of the testator. There were seven exceptions
to the report ; the three first only remained for decision. The
first question was whether an agent who was possessed of a
power of attorney to receive money for his principal, and to
make advances on the faith of being repaid out of the money
to he received under the power has, as against the general cre-
ditors of the principal after his death, a lien on the monies
which would have been receivable under the power if the principal
had lived? His Lordship thought he had not. A power of
attorney, coupled with an interest, could not be revoked at
the will of the granter, but death revoked it both in law and
equity. The next question was, whether, as between the co-•
lonel of a regiment and an army agent, these could be a valid
assignment to the agent of the Colonel's pay, allowances,
and emoluments, and if so, whether such assignment had
been made by the testator to the plaintiff..? For the de-
fendants it had been alleged that upon the ordinary rule that
an officer's pay is not assignable, there could have been no
valid assignment of the Duke's par, emoluments, &c. ; and
that even if there could, none had been proved in this case.
The plaintiffs had contended the principles on which it had
been decided, that an officer's pay was not assignable,
did not apply to a case like the present between a
colonel and an army agent, in which the public inte-
rest might instead of being prejudiced, be promoted.
By the Statute of the 45th Geo. 111. chap. 53, the assign-
ments were to be made with a view to the application of the
money to tha public service, but was not to alter the profits or
privileges of the Colonel. It appeared in practice that powers
of attorney, granted by the Colonel to the agents, were con-
sidered as assignments, and the case of " Knowles v. Mait-
land," 4th Barnewell and Creswell, showed that money re-
ceived by the agent under the power of attorney was to be con-
sidered as received by him fur the use of the Colonel, except so
far as the interests of the public, or of the other individuals in the
regiment made it inconsistent with his duty, that that relation
should subsist between the parties. Upon a question not ,
affecting the interests of the public, or any individual in the
regiment, his Lordship was inclined to think an equitable
assignment, if properly evidenced, might exist. Upon the
best consideration he had been able to give to the evi-
dence, so far as regarded 2,777/. 14g., mentioned in the
first exception, the balance due on the clothing account,
he thought that the exception ought to be overruled. As
to the sum of 2,318/. 17s. Bd., the subject of the second
exception, alleged to have- been paid for travelling expenses,
by the plaintiff, it appeared they had established this claim to
the satisfaction of the Secretary at War, and the Secretary at
War had acted upon the notice that it had become due to the
plaintiffs. Whether that was the case, or whether the ::gents
had a lien upon it, was now the question. The Learned fudge
saw nothing inconsistent with public policy, if the agent had
paid these sums by means of which the Colonel has performed ,
his services, to give the agent a lien for his reimburse-
ment ; but considerinta the Master had ac ed on the sup-
position that there could be no valid lien in such a case,
and admitting that the evidence was not so satisfactory
as it ought to be, he referred it back to the master to inquire
whether the plaintiffs had advanced to his Royal Highness or
his agents 2,318/. 17s 8:1., and if so, whether by the regula-
tions of the army, or otherwise. the plaintiffs became entitled
to receive that sum from the War Office? The third excep-
tion relating to the same matter followed the same result.

The Cetn.t then proceeded with the remaining petitions.

THE MARKETS--(THIS DAY).

CORN EXCHANGE.

Our supply of Wheat at Market to-day was moderate, and
the weather having been excessively rainy during the last few
days, prices were 2s. per quarter higher than on this day
se'nnight. Grinding Barley continues a slow sale at our quo-
tations. Oats were in small supply, and the prices of last
Saturday were fully supported. Rye meets inquiry at an ad-
vance of Is. per quarter. Malt continues extremely dull.
White Peas without variation. In Beans and Grey Peas
nothing doing. Flour meets a ready sale at an advance of
to 2s. per suck.

PRICES ON 'WARD OF SHIP.

Nhrat, Bed (old`
___.....—. White told)
—Red 1:13.5) f•R: 42,
--- Fin.. .11.. 4%.
4(,.. 52..
_-- t;uperti e
-- ''s h to ( 15:33) l-s. ..5,
--- Fine 4Ms 51a.
_------ superfine 51s. 51e.
--Foreign free
Vs 31=.
Rye
Mirky 'l4: :30,
Grinding 124. :Ma.
-- Malting
Malt
Fine New 544 t; ls.
Passe, Grey, New ..... a's. 31..
-- Maple New '145.:)7a.
---- Wh,tc "Ala. 31a.
Boiler. .. •ria. :IS
_...
ARRIVALS 01, .NI

Beans, Small new)... ... --s.--s.
---.... (old)
- Tick (new) 32s :14-.
(31,1) :25...1(1;,
- Harrowanew) :;4.. :134
(old) • ••
Brank 318.315.
Oats, Feed
- Poland 4 s
New ••0:21x.
- Potatne ... •
- New .. _
-- Scotch "7 '..8,
- Irish 1(3,
Flour Town ,per sack' 44: 48.
---- seconds tilt It ..
- North Countt v 34 3 i .
Bran

• 25- 2i;

GRAIN T
Whea.
6,8 9 rs.

LONDON DUttiNG LAS WEEK,
Maley. Oat, winur.
13,905 qrs. (,1 ()qrs. 11,291 sacks
16) 4,015 --
1,•299 1.172

English
Irish
Fgreigii

SMITEIF! E L
The supply to this day's market
dull, at the following

D MARKET.
was moderate, awl the trade w•a.•

rucEs PER STONE OF Sr,

TO SIN:C TIE oFraLS

a ----.....`1
d. to s d the .:
Interior Beasts '2 '
•4. 2 •.t: Inferisr Sheep.... . ...... 2 8 3 0
scenic,/ quality quality ditto.-- 2ld 3 4 Second quality ditto ..... 3 0 :1 4
Prime large Oxen.
P•ime Scnts„Src.
Lar;:e coarse Calves 4 0 4 4 Large Hogs ........ ...... :1 6 310
Prime small ditto
S•ickling Calves each l4 o 23 0 ; Quarter old Pigs each 12 o 2) 0
Lamb 'is lod to 4s Si
SUFFIX, AS rail CLEILIeS STATEMHNT.
Beasts, Sheep. Calves. 1
I Piz;
2,R75 I f.:8,:i09 I 310 851
Abouut 731 01 the Beasts tame up the St. Alban': road ; about 7011 up
the other northern roads; ai 350 (including Irish) from the western
aodninlland districts shoot 181 tuns kurni!k, Siillts.l., 1,.....x, and Cam-
bridgeshire ; about 40 from K n a :d Sussex ; and mist of the remaiode:
from the marshes. tic. in the neighbourhood of Loudon.

NEWGATE AND LEA
At per stone, ' _
7, .1 tog d s d. to , d.
?cot; inf,r;nr 2 4 2 6 Mutton, inferior
middling . ~.. 21 , 2 0 middling. •3 2 3 H
prime large " 2 3 4 ---. prime 3 8 4 0
prime smai
Vogl 1 8 4 4 —small 4 2 4 6
Lhath 34. 81. to is. 4d.

DENHALL MARKETS.
by the Carcass.