The Sun.
London, England, 1823-01-27 00:00:00

WORKS JUST PUBLISHED.
rimE DRUID'S SONG; a Christmas. A
F
pent to my Country against Infidel Writers. A Sri.
crrd Poem. By the Hon. and Rev. EDWARD JOHN TUR-
NER, M.A.. of St. Mary's Hall, Oxford. Price 2s.
An ADVENT SERMON against INFIDEL WRITERS;
and an Appeal for the People of Ireland during the late Fa.
mine. Price 2s.
Printed for the Author; anal gild by Riringtons, N0.,3,
Waterloo-place, and No. di, St. Pa til's Church-yard IT. and
Hoiit, -Upper Berkelepareet ; and P. Kay, Somerset.
street, Portruan-square.

Of whom may be had,
AN the Former %Turk• of the Same Author.

This' Day was published, in Bro. price .is.,
ADEFENCE of the ESTABLISHED
CHURtH from the Categories of the Tail of the New
Comet, called the " Council of Ten," Unit has arisen upon
the Land; from the Ignis Pawns of a " Northern Incum-
bent;" from the Aurora Borealis of the " Edinburgh Re-
view r" and front a Pamphlet entitled " Episcopal Innova-
tion," 81. c. ; all against the lb/drop of Peierborongh ; and also,
from the Rays 9f Criticism darted upon the Bishop of Lon-
by one of the same great lights, which reflect upon itself
with perfect elasticity.
fly ALMA LUX.

Printed for r:c. and J. Itirin►;ton, t 32, SI. Prul's Cl►urch.
yard, and 3, Waterloo-Place, Pall•14Ia)I, London.

THE MONTHLY CENSOR, No. IX.,
will be published on the. I st-of February next, price
2*. Sti. t enntaining, anionic Latter Articles.
THEOLOtiY—Virlication Of the Ta•u First Chapters of
St. Matthew and St. Luke, by u Layenan—Jowitt's Chr►stian
Researches—Bisliop`or Oltoicestei is Charge—MAN) Debon's
Sermons.—Coltman's Visitation Sermon--Morison's Lectures
on the Relative Dutie►i of Life.'

POLlTY—Goldstriß onM r. Canning's Appointment—Let-
ter to the Earl of Eldon on the present State of Agricultural
Lessees—Operations of the Allied Armies under Swarzenberg
and Blucher in 1814—Mackenzie's Life of Home—Abbey of
Kilkhampton—W. Rae Wilson's Travels 'in Egypt and the
Holy Land.
PHYSlCS—Robliton's Mechanical Philosophy—Tr:ll'lll4o.
tions of the Cambridge Philosophical Society, Vol. I. Part 11.
—Marshall's Medical Topography of Ceylon—Caltin
tions Physioloitigineg.
PHILOLOGY—Lord John Russell's Don Carlos, a Tragedy
—.Cunningham's Sir Marniadoke &c.—Malpas, a
Ramance—GerMan Popular Sturies--Wright's Pew Days( in
Athens.

I's-Intel! far F. C. and .1. Ilivingtnn, Saint Paul's Much-
yard,.and Waierlaa.place, Pall Mall; and G. and W. it: Whit-
inkrr, Ave

**lone FIRST VOLUME, containing the First Seven
Ntnobets, pier 19s. boarth•

To T. TAYLOR, Bsg.
No. 9, New Bridge-street, London.

H2ONntitiftu St R,
.y BEG leave to inform you, that ever slate the
AL year 1790, I hail been afflicted with the Lues Vetiereal,
which, front its obstinately resisting every coursesit medicine
prescribed by the avoid eminent of the faculty here, and un.,
dergoing severalsevere-courser of salivation, alai twice dig•
charged froin the Hospital with little relief, w,,tild appear 10
be of the most inveterate aature. In the. spring ut last year
ray aisorder had got to such a head, as 'wally to put a petit d
to my existence—l had a Verge ulcer on the crow!) of 111% head,
an e en each arm, and my legs were broke out in a frightful
manner; my right was dreadfully painful, and had been in a
state of ulceration for the last seven years; my left, had also
two large node* tur it, wits very much discoloared, and gate
me such excruciating pain, particularly whoa warm in bed,
as nearly to deprive Inc of rest ; iu this lamentable stite, I
was recommended by Mr. J. Thompson, (who received SO
treat a cure by them here), to take your Lealte's Patent Pills,
which I began to do on the 2rith o. May; in the course of a
fortnight...l began to receive benefit--to little more than a
soon after,
ulcers nu my headand arms were sontally healed—
after, the sores ON my legs healed also; leavinr, how-
ever, considerable discolourat ion in the skin, and pain in the
bone of the kft, which, by the blessing of 00a, alla a little
your invaluable' Medicine, subsided;.
the nudes Pe
desildui:pe'errsallci; n,e itlte skin rvgainintits natural hue, and
the nocturnal Pains gradually going oT-• -I thus became, by
your liberal advice and medicine, perfaitly free front all my
former complaints—have recovered my formpr spirits a lid-
strength, and are became jolly awl fat, in which state liar lug
continued many mouths, to the astonislopcnt of all who knew
tte, I an* at a loss in what tenets to wirers, my g> it it ode, but
beg you, for the good of other soltering mortals, to make
tins my case as public as possible, as • I :shall on every occa-
sion; in 40 doing you will greatly oblige,
Sir, your grateful, obedient, very hum ble serean
ALEX. 111lItliElt
Swan's Close, High-street, Edinburgh,
Witnesses to the elaive Cart
foleu Thompson, No. s, New PouitrY Etlinbargh,
John SPlntosii, Qlei Assembly Close', Edinburgh,
Prepared and sold by the sole Proprietor, THOMAS TAy-
Wit, Member of the Royal College of Surgeons, at his
house, No. 9,, New Bridge-street, London; where, after a
constant residence of more than 40 year'', in a practice piers I'
eularly directed to the cure cit Venereal Crimplaints and those
incidental to the Parts'of Gesteration. With t hat inviolable
secrecy which mon of his -profetAina shunid always observe in.
pleb cases, he flatters himself the advice and assistance he
sratintoasly administers to persons taking this Medicine, will
het:sit,. toed, by a slisceraing '4 an issirlf.tage seldom
etsainuale, and %rid of all alubigniq.
Also sold, by hie appoint risent,tor the convenience of those
tiring at a distance, at the Toysimp, Nt•?._ d
oxfin-itreet;
Mr. 'Dishtirough'e, No. 7, 164-greet-hilt ; Mr. Ilaxe r,
Sauth-lni4 e, Kit MI. co liwel 's, Ito biin ; and of
one parson in ever,/ ennsiaatable IR Grind Itritain
ttrltl
Ireland, in boxes u' unity es. ;hi. elscsievs.estda:::::::l:dirsoe:::etelityti.p
with full and plain direction*, "fhs"l" l'enutol, of either
sex fluty cure themselves with ease,

VICE-CHANCELLOR'S COURT, JAW.`th.
THE COURIER NEWSPAPER.—STEWART U. STUART.
This case, it will be recollected, was argued at considerable
length before the recess. The leading facts in the ease were
these s--In 1799, Mr. Daniel Stuart and Mr. Street became
Proprietors of the ConAer Newspaper. In 1804 a deed of co-
partnership was entered into, in which it was provided, that the
property of the Courier should be divided Into 24 shares, of
which Mr. Daniel Stuart was to have the first 12, and Mr.
Street the remaining 12 shares. The deed further provided,
that Mr. Street should be considered the senior proprietor, and-
that if Mr. Stuart wished to sell his shares, Mr. Street should'
have the right of pre-emption ; and that with respect to the
• shares of Mr. Street, Mr. Stuart should have the first Offer.—
In 1815, the present plaintiff, Mr. William Stewart, entered
into a treaty with ,Ir. Daniel Stuart, to purchase some of the
shares of the paper, and in 1819 a deed of assignment was ex-
ecuted between these parties, by which Mr. D. Stuart agreed
to assign over to the plaintiff' four of his twelve shares. The
question now, therefore, before the Court, was with respect to
the construction to be put upon that deed of assignment, and
whether the plaintiff was entitled under that assignment tri the
. right of pre-emption provided in the deed of 1808, (*simply to
the profits of the concern. The plaintiff had filed It bill, in
which be prayed that the defendants, Mr. D. Stuart and Mr.
Street, might he restrained by lnjunCtion, from assigning over,
or disposing of their reepectiVe shares, otherwise than to him
(the plaintiff )
Mr. 11at,t and Mr. SmEnottost for the p/aintiff, and Mr.
AGAR and Mr. Soodux for Mr. D. Stuart, had been heard
previous to the recess. •
Mr. WAnwrcic now argued oft the part of the defendant,
Mr: Stuart, that the plaintiff could claim nothing under the
assignment, being precluded by the deed of 1808.
Mr. IIAnT and. Mr. PEMBERTO4. appeared for' Mr. Street,
and had nothing to offer in addition to what had been stated by.
the counsel for Me. Stuart.
Mr. MARTIN (in the absence of his leader, Mr. Horne)
stared that he was Counsel for Mr. 11ludAircl. That Gentle.
man, !lids answer, did not contend for any new construction
of the deed of 1808, but advised the Court, that in ease of a
decision favourable to the plaintiff on that deed, he had a se-
cond objection which would defeat the plaintiff's claim. Mr.
Mliudford contended that as a purchaser of three shares of the
paper, prior to the plaintiff's purchase, he had a right of pre-
emption before the plaintiff; and was entitled to all the homes
set forth in the deed of
Mr. RELL wished for the production of any evidence of the
existence of such an agreement with Mr. Mudforri. Thatgen.
tleman never thought of appearing in this suit until the sug-
gestion of Mr. Daniel Stuart.
The VteE.CitaxcELLon called on Mr. Martin to state Ids
case.

Mr. MARTINI- proceeded to read from Mr. MndfortrsanSwer
those parts which related to the purchase of three shares of the
Courier newspaper by him, and three other shares at the same
time by Mr. Walter Henry Watts. It appeared that. about
the year 11117 Mr. Stuart and Mr. Street entered into ad wee:
tent to sell these shares to these gentlemen. It was a joint
agreement, and both were to take the shares upon the
same terms. This was antecedent to the transaction with the
Mr. HORNE RAW entered the CORM and being requested to
state his Case by the Court, the Learned Counsel called on the
Counsel for Mr. Street first to proceed with their`case.
311% HART declined making any statement or speech,
Mr. II ORN E.—Then I will adopt the same. MUM, I cannot
follow the example of a more experienced man.
Mr. IlEtt, then replied.—lfe observed, that the tinestion bey
tween the parties was a very simple one, and turned upon the
construction of two deeds. The argument on the other side
had, it was true, been very ingenious, but, he conceived it had
been more ingenious than solid. Before entering into the
merits of the case, he alluded to a very inaccurate statement
which had appeared in the Courier newspaper, at the time
when this question was first agitated. It was a statement in
opposition to his (Mr: Bell's) speech, and upon the principles
hid down by. Lord Hard wieke, he maintained that no.man had
a right to make such a statement. At least, this Court could
exercise its control over such statements, and he now protested
against them.
The VICE-CIIANCEI;LOR.—Yott may protest against theta
but the Court cannot interfere, as the 'matter not judicially
before it.
Air. BELT. then proceeded with the ease, und argited that this
wit* not a bill for a specific perforrnauce of an:ilgreement, (rui
Air. Agar had put it), but to assert a claim, YAM to compel a
payment of monies winch had been withheld, tiei.atise the plain.
tiff would not consent to a particular construction put upon a
deed. .
The VICE.PRANCELLOR said he had entertained consider-
able doubts as to the power of interference in this case, by a
Court oF.Equity. Ifelusd consulted the common lawyers, and
he had learnt Crum them, that on account of the peculiar than
of these proceedings, the question outlet not be sustained in a
common law court. If, then, a court of • equity was a fit tri-
bunal, the question was what the plaintiffhad purchased, and
what was the intention of the parties: This intention roust he
collected from the instruments.

Mr. BELL continued : with respect to the right of pre-erup-
tion, it was comparatively of little value' anti could only be ex-
ercised as a controlling power to prevenjthe introduction of ob-
jectionable: persons into the concern.
The 'V icE-CIIANCELLOR said, that if hs rightly understood
the construction of the deed with respect to the pre-emption,
it was this—Mr. Daniel Stuart anti Mr. Street were both senior
proprietors as u) all questions against assignees. Mr. Daniel
Stuart, as he understood it, waste senior propriewr as to pur.
thasers, and Mr. Street the next stmior proprietor. Mr. Street
was senior proprietor of the shares from lit tor ; anti there.
fore had a right of pre-eruption as to those, befOre Mr. Daniel
.Stuart, and consequently before the plainritt It was clear,
therefore,Stuart and Mr. :*reet were, both
s
to. the whole shares ; but
ior,wo 1;11 :t 3raltor.
with. iNtlieeslpect
both could not have the option . as to "all' the -shares. They
neither of them wished to relinquish 'their rights, and they
agreed that MC should be senior ptoprietor as to, One 12
and the other as to the other 12 shares. If he was incorrect in
this view of the subject, he should wish to be set right.
Mr. BLL E concluded his reply, by alluding to die claim of
Mr. Mulford, and expressing his surprise that that pink:Asti
had not_previously asserted his right of pre-emption.
The VicE.CristrcEl.l•On believed he hail in his reeolleci.
tion all the important facts of the case, and there weri, two
main questions to be censidered. lAt, Whether this was a ra4,o
upon which it became the duty of a Court Of Equity- to de.
dare its opinion as to its right or- pre.eruption chunked by the
plaintiff. , opinion
If there were such a case, what was in that re-
spect to be the jutignient of the Court of I:gtlityyy As the
case wits argued so long ago as the 19th 'of Novembcr, he felt
unwilling, without refreshing his memory, to give judgment
on this important question. Ile desired, therefore, that the
papers. might be handed ' to hint, and he would, in a very few

BAIL FOIL FELONyr
WALFonty applied in behalf of a person named Moses
Martin, for a rule to spew cause why he Should not be admit-
ted to bail ; he stood Indicted for felony.
The Courrr asked whether the Learned Counsel meant to
.proceed _by Habeas Corpus.?
Mr. WALFORD said, that he did not itt this intend to resort
to such a process. The object of the motion was to prevent Mkr-
tin being improperly arrested. The affidavit on which he made
this motion set forth, that Martin was a confectioner, whO took
some goods for sale to the shop of a person named White, who
was not at home, but he saw Mrs. White. She bought froth
him 3/d worth of goods, but could pay for them only, partly in
goods and partly in Money.' When he called for the balance,
about a month after, to his surprise he was charged with stealing
from this .Mrs. White 20s. This. charge appeared very extra-
ordinary when it was recollected, that she had not money enough
to pay for the confectionary which she bought from him. liut
still the charge was made, and the man wits brought up to Union
Hall, *here the case WAN, after a hearing, dismissecl by the
Magistrate. The woman, still bent upon giving the man fur-
ther trouble, had an indictment preferred- against him and
found at the Surrey Sessions. The man went there pre.,
pared with Counsel to undergo his trial, but. when the cause
was expected to be called upon, the woman had it put orupen
an affidavit that sematerial witness Of Iter's was then absent..--
The object of the present application was, that under these cir-
ennistantes, he,might be permitted to put 111 hail, AS he Walk,
termined to abide his trial.
The Court granted the rule for a certiorari to bring a cony
of the indictment into Court, rind then to show cause why the
said .Aloses Illartin should not be admitted to bail to abide hie
trial thereon at the ensuing Sessions,

COURT OF COIIMON PLEAS, Jar. EL
The Court mat in Banco, at Westminster, until one o'clock,
when the Chief Justice proceeded to London to try Nisi Prisi. causes.
Ono of the persons summoned as a Juror, stated toll's LoriL,
ship, tinifinivas not liabie to serve, nut being an inhabitant 0(
the Ward.

CHIEF CE—But you have A ivalthouse in h?
Juror—No, my Lord, I rents room only, 1 never steep there.
Ours' .11,78T1VE,-111 that room you carry art your busing.
Juror--=The business of schoolmaster, my Lord, but no
other:
CmEr Juirmt —Then you are )414,3„ •
The Jury were then Sworn, and several eases were tailed on,
some of which were undefended, bat none poNeftsed xri public
intemt.

Aricitrfs court, Jtx. 25.
No business of any public interest was transacted in this
Court to-day ; and the sitting continued only. fur a few minutes.
" bill upd witx assigned fora further hearing on the next
Court day.

()WARD AND CULBS'S.I3ANKRUPTCY.

Saturday being appointed by the Ontirnissioneee
at their last meeting for the final examination of the banknipts,
when it was expected a full statement of their affairs would tor'" taut before their creditors, it very numerous attendance of etc.
ditors took place. After a short tune hall been spent in re-
ceiving prooti of debts, Mr. WILD E, who is Counsel tor
the aseignees, addressed' the (4'mm-6s:toners. He said the
Cotninissioners were already aware •of the ar.ti
complicattion of the- bankrupts' accounts ever since they
had delivered in that statement by which they declared they
were determined to abide, the atetignees had been most dz.
ligent in their investigation of the statement of the several
accounts of the hankrupts with their, creditors and debtors; which had been so dehvered in, and Mr. Gibbs was in the
course of giving the assignees every assistant e and informa-
tion which. they, desired. With this infortnation and assist-
ance, the assignees had meth: considerable progress in the
arduous duty they had undertaken ; but it would still taint
a considerable time before the whole of the accoante could be
so fully investigated as to enable the assignees to untie to a
certain conclusion on the statement delivered in'hy the bank.
rupne The,Learned Gentleman here intimated that •he did
not think that las than two months would be snitieicht tor
the intTose.
Mr. rAILBOT OLASCOCIt, alto attended fin, Mr. Stubbs,
• who lied just proved a debt of 974/. on the benkrupts' estatte,
objected to the delay. na said it was now two years since the
first commission issued against the bankrupts, end meta. a year
and a half since the present commission issued e and he knew
that several of the creditors, who were his clients, ware meth
disaatistied at such a length of time being allowed to etapie
without a ditvidend being made, or even the benkere•pts having.
passed their final exemanation. He knew that till the henk-
rttpts passed their float examination, they net. be
made to gtve up' the property in their possession. lifter ,COlt.'
rnissionets started with surprise, arid said that was not, the
Mr. t)Lascocit resumed: he came from. Ireland...a Bank-
rupt country, where bankruptcy wits as well mideriloed as In any part of the world t and he knew that there it was quite, a
common practice for bankrupts to delay their Maul ex:unite-
tion, that they might retain property in their hundi, width
coulO:not be taken ihnn them until they had passed their final
examination.
Mr. COraillitlitiOner SEATON to Mr. Glasenes--1-rat
, Sir,
are there any assignees appointed to a bankrupt's estate tr. year
country ?-4A laugh)
Mr. Commissioner TwEntox asked Mr. Ghtseeck whether
he had seen the statement delivered in by the bankrupts. Mr.
Glase.oek admitted he bad not.
Mr. T.uriircit pointed to a heap of written paptr that lay
on the table ; and told Mr. Glitscock that wits the baler'e.-
sheer delivered in by the bankrupts; ever mince it •tiatt been pre. •
seated, the assignees had used their ,uturiott dffigsucte it; its in-
vestigation ; and their counsel* just then declared titer were
receiving the utmost assbitance front the'tiankirott try when. it
was prepared; but it was still necessary that they, vitouldhive
a longer time allowed for examinatien before they tvaki de-
cide with certainty on its correcttac94. •
n the part of the cred
Mr, tit.ASCOCK expressed o
tors whom he represented, that sufficient time tiboulitte given
before the next meeting, that there ehould no further
pointment.
After some consultation, theCoinat.a siurmeraappointed, the
10th of April for the next meeting.