The Sun.
London, England, 1834-06-13 00:00:00

PRIVY COUNCIL.-(THIS DAY.)

LONDON,
FRIDAY EVENING, JUNE 13, 1834.

The Cambridge election has terminated, just
as might have been anticipated, by the return of
Mr. SPRING RICE. The right hon. gentleman's
majority was twenty-nine—a triumphant majo-
rity, when the Herculean efforts of Sir ED WA RD
SUGDEN'S committee, the inexcusable luke-
warmness of many of the Dissenters, and the
influence of the University, whose whole
weight was thrown into the scale of bigotry
and intolerance, are taken into consideration.

Our City Correspondent says that an ex-
press has arrived announcing the arrival of
Don CARLOS at Falmouth.

The outline of the bill for the abolition of
imprisonment for debt, and for altering the law
of debtor and creditor, is extremely simple, and
may be given in the following words :—The
bill provides generally that imprisonment for
debt shall cease in all cases except those of
fraud ; and, as a counterbalance to this, enacts
that the creditor shall have the power of exe-
cution upon all bills of exchange, promis-
sory notes, and bonds, and that all man-
ner of securities, copyhold, money in the
funds, all property, real and personal, shall
be surrendered and assigned for the satis-
faction of the creditor. The debtor is to be
allowed to make this surrender, or, as the law
terms it, this cessio bonotuni, without imprison•.
ment ; he is to be subjected before a court of
commissioners to an examination as to the
amount of assets ; may have a certificate of dis-
charge, with the consent of a certain propor-
tion of his creditors ; and be treated in all re-
spects as a bankrupt. If, however, he con-
ceal any part of his property—if he contract
debts on false pretences, make an assignment
of debts or property with a view to defraud his
creditors, or fail to make a just and full disclo-
sure of the state of his affairs, he shall be
guilty of a misdemeanor, and punished accord-
ingly. A clause also is to be inserted whereby
greater facility will be afforded for the recovery
of book debts. The effects of such a bill will
be highly beneficial to the honest trader, and
provide some thing like a check, which is
not the case at present, on the extravagance
and prodigality of such persons as those who
now set their creditors at defiance, and squan-
der in prison vast sums of money which ought
to have gone to the payment of their debts.
It will also take out of the hand of private in-
dividuals the power of inflicting imprisonment ;
it will save the expense of giving bail, and the
numerous other expenses incurred by the pre-
sent law of arrest for debt. We presume,
though it was not stated by the AT-
TORNEY-GENERAL, that the creditor will
still have the power of arrest in cases
where he can afford proof that the debtor me-
ditates leaving the country with any part of the
property. But it will be still more beneficial
in a moral than in a pecuniary point of view.
It will check the ruinous practice of giving cre-
dit to reckless young men, on the expectation
that their friends will pay their debts rather
than see them committed to prison ; and it will
save the fair dealer, the honest insolvent, from the
contamination of a gaol. The absurdity and

injustice of the existing law cannot be better
exemplified than by the fact, that a man of the
highest integrity, and anxious to provide for his
family, may, by some accident, some unexpected
calamity, be reduced to want, and for this he
suffers as for a crime, and is placed exactly on
a footing with the most heartless and
swindling spendthrift. In order to put the
public mind at rest on the subject, we trust
the bill will be passed this Session.

The notice which a valued correspondent
enabled us to take of the appellate jurisdiction
appears to have excited very general attention.
There seems to be an impression from one end
of the United Kingdom to the other, that the
LORD CHANCELLOR has too much to do, and
that if the person holding the Great Seal 11::,;
the talents of an angel, they would be rendered
comparatively useless, and 'dometimes mis-
chievous from the
on occasioned by the
interference of hi'd multifarious duties. The
impression deems to be not less general that the
legal duties of that great officer should be con-
,
dried to the supreme appellate jurisdiction,
whether that jurisdiction shall centre in the
House of Peers, or shall continue divided be-
tween that house and the Privy Council.
Division is at all times to be avoided, where

it leads, as it does here, to want of unity, uni-
formity, and vigour. We, therefore, prefer
one supreme appellate jurisdiction, and with
one such jurisdiction, there can be no question
that the House of Peers should be its seat.
We have become very earnest in this matter
from the reports which reach us. We are sa-
tisfied of its necessity, and that its necessity is
generally felt. We more immediately look to
the present CHANCELLOR for its accomplish-
ment, because his lordship was the first who
expressed an opinion upon this subject which
has since become general, and it is fit that he
should accomplish his own work. We are the
more anxious that there should be no delay in do-
ing what is necessary to its accomplishment, be-
cause there is one man to whom the bar and
the public point as the person best calculated
for a chief judge in equity, by whose appoint-
ment we are also desirous of affording the pre-
sent CHANCELLOR an opportunity of giving
an instance of his magnanimity, and of show-
ing that no inferior considerations will ever
prevent him from doing au act of justice, at
once due to the qualifications of the individual,
and the service of the country. The time is
also fitting because the best time for such a bill
to pass is at the close of a session of Parlia-
ment, and thereby to afford the country the
opportunity of preparing to avail itself of this
wholesome change for the furtherance of the
judicial business of the country during the long
vacation. The bill-which the present CHAN-
CELLOR propounded at the close of the last
session of Parliament can be easily altered so as
to receive the emendations suggested by the
intervening consideration which the subject has
received, and we are certain it will be hailed as
a boon by the universal empire.

The CHANCELLOR of the EXCHEQUER
being about to be relieved from his labours
with reference to the Poor Laws' Amendment
Bill, we trust he will not fail immediately there-
after to apply himself doggedly to the Tithe
Commutation Bill. In the present depressed
state of our agriculture, it is of great importance
that the land should be forthwith set free from
the present operation of tithe as a practical
hinderance to the improvement of the soil.
When due consideration shall be given to the
subject, it will be found that the county valua-

tion must be abandoned. The land in different
parishes of the same county is not only of very
different qualities, but the land even in the
same parish is of various qualities. To apply
a county valuation to every parish in the county
would therefore be to occasion injustice both to
the owners of the land, and to the owners of

tithe. It would be to make the owners of the
land in parishes of inferior soil to pay, and
enable the owner of tithe in such parishes to
receive, a great deal too much—a consequence
which would be exactly reversed in parishes of
rich soil. It would certainly be desirable, if it
were practicable, to avoid the trouble and ex-
pense of a valuation in every parish, which is
the only mode of doing equal justice both to
the payer and the receiver of tithe, and without
prejudice to such valuation, if either payers or
receivers of tithe shall desire it. We incline to
think it might be provided that in all time to
come the tithe shall be 3s. 6d. in the pound of
the rack-rent from time to time payable, unless
within a limited period either the receiver of
tithe or a certain number of the payers of it
shall require that the tithe shall be valued
in any parish, in which case it should be
valued, and the tithe so valued should be
the amount of the tithe thereafter payable in
place of 3s. 6d. per pound of the rack rent.
The receiver of tithe perhaps may think that
4s. in the pound of the rack rent should be the
amount of the commutation. A fifth of the
rent was no doubt substituted in Scotland in
place of a tenth part of the produce when
tithes in kind were abrogated in that country.
But at that period the land in Scotland had
received no improvement whatever, whereas
the land in England has been much improved,
though it is still susceptible of greater improve-
ment, and it is with a view to such further im-
provement that the commutation of tithe has

become so desirable. Moreover, the owner of
tithe in England has never been able to exact
anything like the value of a tenth part of the
produce, and the principle of the bill that has
been introduced is to continue to have in all
time to come an amount of commutation equal
only to that which he has received for the last
seven years.

An adequate portion of the rack rent in all
time to come is the only substitute for tithe
which we have been able to devise without a
valuation in every parish, but in whatever way
the tithe may be commuted, we doubt extremely
whether, in the case of clergymen, the commuted

tithe should be allowed to be sold. There can
be no objection to a lay impropriator selling hiS
tithe ; but we do not see how a clergymen can
be enabled to do so, without displacing his suc-
cessors from the relative situation in which it is
meant in all time hereafter to keep clergymen,
with reference to the annual value of the land.
So long as a clergyman shall continue to receive
a fixed portion of the rack rent payable for the
time, or the annual value of a fixed corn rent,
he is kept in that -situation. But if he shall be
allowed to sell the tithe appertaining to his
living, the interest of the price; if it shall be
dealt with as the money of savings banks is
dealt with, may
Z
shall co oine to be too much if money
nt.inue to rise in exchangeable value, or
little if money shall again fall as until lately
it did in exchangeable value. If it shall be
said the price may be laid out in the purchase
of land, non constat, that land may be pur-
chaseable in the parish, and it would not be
desirable that it should not be in the parish,
not to mention that it becomes a matter of
grave consideration whether a clergyman should
become a cultivator of the soil, and there is
this further objection in point of policy, that too
much land may be thus thrown into mortmain.
Both as regards the valuation of tithe and the
sale of the commuted value therefore, we are
persuaded that the bill now before the house
must be recast.

The French Papers of Wednesday, and the
Madrid Gazette of the 2d inst., contain no
fresh news of moment. The latter publishes
Don PEDRo's act of amnesty in favour of Don
MIGUEL, and gives some particulars respecting
the recent negotiations with Don MIGUEL and
Don CARLOS, the result of which was the
engagement entered into between the two des-
pots, that they should immediately embark for
England, accompanied by their families and
servants. The Augsburg Gazette of the 7th
inst. gives a report of a body of the Russian
army having crossed the Persian frontiers and
taken possession of one of the districts of that
country.

German Papers have been received. They
contain much miscellaneous information ; but
the following are the only extracts worth making
from them :

Mu meta, JUNE 2.—An account from Bamberg of May
30, says—
" Yesterday evening, at nine o'clock, the troops of the
line and burger guards were suddenly drawn out of the
chief guard-house, and in the market-place the posts were
re-inforced ; horse patrols detached on the roads to Wurz-
burg and Hallstadt, and nobody could understand the ob-
ject of these measures. It appeared afterwards that. they
were caused by an intercepted letter which contained all
kinds of threats, which were not subsequently confirmed
in any way.
_ _

FRANKFORT, JUNE 6.—An ordinance of the police of
the 4th of this month, prohibits the wearing of caps and
ribands, &c., of prohibited colours, which have been fre-
quently observed of late, contrary to the law of July 2,
1832, which forbids the wearing of badges, emblems,
and marks of distinction of all kinds, such as ribands,
cockades, &c., with the exception of the legally recog-
nized badge (cockade, &c.) of the country of the wearer.
FRANKFORT, JUNE 3.—ln consequence of the assent
given on Saturday last by our Senate to the proposal of the
Diet, the chief command of the troops of the line of Frank-
' fort was transferred on Friday evening, at seven o'clock, to
the Austrian Major, General Piret. The town soldiers
remain subordinate to the city authorities as heretofore.
There is no external indication of this transfer of the ge-
neral military command, the posts both in the city and at
the gates being still occupied by our troops. This is pro-
bably the reason that the transfer of the command is un-
known to the majority of the inhabitants, especially as no
notification has been issued, and perhaps will not be, as our
other political and civil relations are not at all inter-
fered with.

VIENNA, JUNE 2.—Five per Cent. Metalliques,
99 1-16 ; Four per Cent., 90 3A ; Bank Shares, 1,280.
Allgemeine Zeitung, June 7.
RomE, MAY 29.—After the arrival of a courier from
Paris, the French Ambassador, the Marquis de Latour
Maubourg, set out for Naples. The ostensible motive of
his journey is said to be to carry to the Neapolitan Court
the portrait of the Princess Marie, sent by the King of the
French. The real cause may be, that he is gone thither
to be present at the important diplomatic negotiations
which it is said are to be transacted there. From the late
proceedings of the Neapolitan government, it would not be
surprising if the King were to grant the people a consti-
tutional charter. Commercial regulations have been
adopted against the interests of some of the most friendly
powers.—Allgemeine Zeitung, June 7.

HOSPITAL FOR THE CURE OF THE STONE
WITHOUT INCISION.—We are glad to learn that this
noble Institution, expressly founded for the cure of one
of the most excruciating and lingering maladies with
which the human frame can be afflicted, bids fair to
realize all the most sanguine anticipations of the bene-
volent individuals who originated it. It has also the
great advantage of being placed under the immediate,
active superintendence of Baron Huerteloup, a French
surgeon of first-rate eminence, to whom the public are
indebted for this invaluable discovery of the cure of the
stone by safe and expeditious means.

The neighbourhood of East-street, Wal-
worth, has been put into a strange commotion for the
last week by a circumstance, almost as mysterious as
the ghost story which agitated the parish of Christ-
church a few years ago. On Friday last, several
panes in the windows of Mr. Perry, of 2, Norfolk-
place, East-street, were broken during the night ; that
past almost unheeded, but during the day of Saturday
several more were broken, and the stones (small
pebbles) were found in the rooms. On Sunday there
was an intermission, and it was hoped the matter was
at an end, but in that the parties were unfortunately
deceived, for before the morning of Monday three
more panes had shared the fate of the others. No-
thing had been found out, s hich would lead to the
detection of the miscreants, and the matter be-
gan to create a sensation. Crowds began to
assemble, both at the back and front of the
house, and even while the people were looking on,
several more panes were broken, without being
known from whence the stones were thrown. Mr.
Perry issued handbills, offering a reward of three gui-
neas for such information as might lead to the de-
tection of the offenders. The police were also applied
to, and did all in their power to detect the guilty par-
ties, but still the destruction of the glass went on.
Yesterday the superintendent, an inspector, and several
of the constables of the P division, were all day about
and upon the premises, and saw the destruction go on,
even before their faces, but as yet the matter remains
as mysterious as before. Even this morning two more
panes were broken. A Mr. Perry has issued other
handbills, stating that thirty-four panes had been
broken, and increasing the reward, for information, to
five guineas, which it is to be hoped will lead to the
detection of the person who either takes this method
of amusing himself, or takes such a cowardly way of
getting revenge.
A BAIT UNKNOWN TO IZAAK WALTON.
_Gaugers were, for a long period, cordially disliked
in Scotland ; to cheat them was almost considered a
duty. Tradition relates that at Annan once a large
quantity of smuggled tea and brandy had just been
carried into an inn there, when, to the consternation
of all concerned, the gauger was seen approaching.
Concealment was out of the question, for the impor-
tation was large and lying on the floor. All this was
observed by a shrewd idiot, well known by the name
of Daft Davie Graham; he snatched up a long whip,
and walking leisurely to a " midden-dub," threw in
the lash of the whip, watches. it, and played it with all
the anxiety of an angler. " What are ye fishing for
there, Davie ?" said the officer of the revenue. " Fish-
ing for deevils," was the answer. " Devils !" said the
other ; " and what do you bait with ?" " Gaugers,"
replied David. The laugh of the bystanders at the
sharp joke made'. he gauger turn his horse's head
another road, and miss a prey.—Cunningham's Life
L of Burns.

IMPERIAL PARLIAMENT,

THIS DAY, FRIDAY, JUNE 13.

[lO USE OP COMMONS.

The SPEAKER took the Chair at .twenty minutes past
twelve.

Mr. WILLIAM ROCHE presented a petition from an
individual natnecl Rtissell, against a certain clause of the
Limerick improvenatiit Bill, imposing a duty upon coals.
Mrs I AKRON moved the second reading of the amend-
ments to the Kirkby Londsdale Improvement Bill.
Mr. SHAW presented a petition from the Lord Mayor
and others of Dublin, against certain clauses of the Kings-
town Improvement Bill.
Mr. PHILLPOTTS moved the second reading of the
amendments to the Monmouth Market Bill.
DISSENTERS' CLAIMS.
Lord HENNIKER said he had upwards of 100 petitions
to present from the county of Suffolk, against the claims of
Dissenters to be admitted to the universities, and in support
of the Established Church. The Dissenters had lately
spoken out, and it was necessary for the friends of the
Established Church to speak out also.
The petitions were laid on the table.
Lord D. STEWART presented petitions from Cumnor
and Auchinleck, against church patronage.
Mr. HAWES presented a petition from the Dissenters
of St. Mary, Newington, against the bill for abolishing
church rates. Also a petition to the same effect from the
Baptists of Cole-street Chapel ; and a petition from the
Rev. Gilbert Chester, of the University of Cambridge,
against certain parts of the church service, and for the
making of marriage a civil ceremony.
Mr. WILKS supported the petitions. The hon.
member then presented petitions from the inhabitants of
Boston, both Churchmen and Dissenters, for the appro-
priation of church property towards the repairs of churches,
the liquidation of the public debt, the maintenance of the
poor, and other national objects ; and for the redress of
Dissenters' grievances from the inhabitants of Hastings,
and from Gibraltar Chapel, London.
After a few words from Sir John Tyrrell, Mr. F.
Shawe, Mr. Fergus O'Connor, Mr. Tooke, and another
hon. member, the petitions were laid on the table.
-Mr. R. GRANT presented a petition from the united
parishes of St. Andrew, Holborn, and St. George the
Martyr, praying that extra-parochial places may be made
parochial. The right hon. gentleman said he agreed in
the prayer of the petition upon general grounds, and inti-
mated that he should bring the subject before the house
during the debate in the committee upon the Poor Laws'
Amendment Bill. . .

Mr. L. BULWER supported the petition.
After the presentation of several other petitions, it
being 3 o'clock, the SPEAKER left the Chair.

SHIPPING INTELLIGENCE (THIS DAY.)

(FROM LLOYD'S.)
DEAL, JUNE 12.—Wind W.S.W.—Sailed the Arab,
for Bombay. Arrived the Assimbo (French brig), from
Hamburg for Vera Cruz ; Catherine and Elizabeth, from
London for St. Vincent ; Cedric, Chepp, for Boston, and
remain with the outward-bound.
PORTSMOUTH, JUNE 12.—Wind W.S.W. to S.E.,
blowing hard.
PLYMOUTH, JUNE 11. —Wind S.W., fresh.—Arrived
his Majesty's ship Viper, from Lisbon—sailed the 29th ult.
FALMOUTH, JUNE 11.—Wind W. to N.W., fresh
breezes and squally.— Arrived the Eleanor, Jenkins, from
Oporto—sailed the 30th ult.
SCILLY, JUNE 10.—Arrived off port the Virginia,
Franklin, from Virginia.
LowEsToFT, JUNE 11.—Arrived the Neva, Symons,
from Wyburg.
LYNN, JUNE 11.—Arrived the Regent, Chadd, from
Cronstadt.
LIVERPOOL JUNE 11.—Arrived the Hibernia, Wilson,
from New York ; Constitution, Wilson, from Savannah ;
Tallyho, Fisher, from Virginia; Crown, Fuge, from Cape
Coast ; Frederick, Backhouse, and San Jose, Villeraude,
from Bilboa ; and Juno, De Cort, from Ostend. Off port
the Dalmatia, from Charleston.

The Waverley, Phillips, from Liverpool to New York,
put into Fayal the 9th ult., leaky.

THE FUNDS.-(THIS DAY.)
CITY, TWELVE O'CLOCK.

We have not sufficient words to express the indignation
which is felt in the City this morning at the gross imposi-
tions which are continually practised at Falmouth, imme-
diately on the arrival of a vessel from Lisbon, by sending to
London false information, according to parties' sinister
views. Yesterday afternoon another robbery was prac-
tised on the public ; several expresses were sent from Fal-
mouth to London, with accounts of the arrival there
from Lisbon of the Viper, Lieutenant Robinson, from
whence she sailed on the 29th ult., with important de-
spatches, but without a mail, bringing information that
the Miguelite and Pedroite troops had combined their
forces, and declared for a republican government; that
numbers of the unoffending inhabitants were murdered ;
that the whole of the country was in the utmost confusion;
that Don Miguel had not embarked; that some of
the Miguelite forces, in conjunction with some Carlists,
had marched into Spain to aid the Carlist cause ;
that on the evening when Don Pedro visited the
theatre he was grossly insulted, and that the armed force
were called in to clear the pit. The information ends by
stating that nearly the whole of the inhabitants of Evora
had been murdered. Sir John Campbell has come home in
the Viper. 'This is the substance of the Falmouth infor-
mation, from Lisbon, which caused so great a consterna-
tion in the city and at the Stock Exchange yesterday, and
succeeded in causing so great a panic in the Foreign Funds;
but this morning it is asserted that the above ac-
counts are a complete fabrication at Falmouth, for
stock-jobbing motives, and in consequence of which
Spanish and Portuguese Stocks are resuming their former
prices. Spanish, 48 ; Portuguese, 77.
Some time since we cautioned the public to be particu-
larly on their guard at receiving Falmouth expresses, as
their great aim was to impose on the press, by which
means they could deceive the public. Perhaps at the time
we are writing a steamer may have arrived at Falmouth
with the Lisbon mail, which will bring us the true situ-
ation of affairs.

By the express this morning from Paris, we have ac-
counts from Madrid of the 24 inst., which bring us official
reports from General Rodil, of the 29th and 30th of May,
from Portugal, stating that Don Miguel was to leave
Evora on the 31st ultimo, to embark at Sines,
and that Don Carlos was to proceed with his family
and to embark at Galaga. Now this information is a day
later than the news brought by the Viper, and Evora is
about seventy miles from Lisbon. It might have hap-
pened at Lisbon that the public were enraged that Don
Miguel was not treated as a prisoner, and expressed their
indignation, but as regards an insurrection there, and de-
claration for a republic, we do not give any credit to such
report.

THE FCtiDS.

Consols opened at the price they left off yesterday,
92% 1/2 for the Account.
It was stated from the commissioners' box at the Stock
Exchange, that all the dissents in the 4 per Cents. would
receive their amounts by the time fixed by government,
4th October next.
We learn that a vessel has arrived at Gravesend from
Lisbon, which place she left on the 30th ult. The captain
reports that all was quiet there. Don Miguel and Don
Carlos had embarked.

Spanish, which has been done at 49, is now 48%.
HALF-PAST ONE.

We have no further arrivals from Lisbon, with the ex-
ception of what we stated in our former article, that a ves-
sel had arrived at Gravesend, which left on the 30th ult.,
when all was quiet.
This day and to-morrow being a holiday with the He-
brews, few of them are in attendance as speculators, conse-
quently Consols have continued during the morning at
92% 3/4 for the Account with little doing.
Spanish, after experiencing so heavy a fall yesterday,
from four to five per cent., experienced a reaction this
morning, and was done at 49 for next time ; at present
they are 48 for money. Portuguese continues steady at
767 ii•

THREE O'CLOCK.
Console for the Aeeount, 92% %.
CLOSING PRICES.—FOUR O'CLOCK.

Bank Stock 2l6*
3 per Cent. Red 9li
3 pet Cm . Cons --
33 per Cent. 9Bl
31 per Cent. Red 9B-1
New i per Cent lnoi
4_pei Cent: Assented... 99i
Dissented... 101
Long. Ann. to expire
Jau. 1860 l7 3-16
Oct. 1859.. l7 1-16
Jan. 1660 l7;
FOREIG t.
Austrian, seer cent IGO
Belgian, 5 p cent
Brazilian Bonds
Buenos Ayres, 6 per cent 33i
Chilian, 6 per cent 32
Coltnnbian, 6 per cent 3O
Ditto, 1824 8.3
Danish 75
Greek, 5 per cent lii
Mexican 5 per Cents, 1825 36i
Ditto 6 per Cent., 1825 45
Peruvian 6 per Cent. 2B

India Stock —
Ditto Bonds 23 pm
South Sea Stock lO3l
Ditto Old Ann S94.
Ditto New Ann. _
Ex. Bills, WO/ 54 pm.
Ditto WO/ 5l pm.
1 Ditto Small 54 pm.
Bank S. for Ace —
Consols for Opg 92i
India St. for Opg out
FUNDS.

Portuguese, 5 per cent 77-1
Ditto, Reg. Bonds
Prussian, 5 per cent.
Russian Bonds, 5 per cent IW
Ditto, Metallic lO6
Spanish, 5 per cent 461
Ditto, 1323 44:
French 5 per Cent.... —t —c.
Exchange —f. —c.
French 3 per Cent —f. --c.
Dutch, 21 per cent 52:
Ditto 5 per cent 97:

The absence of Sir Robert Peel from the
late festivities at Oxford has given rise to various con-
jectures. By some it is attributed to that abruption
of the right hon. baronet's connection with the Univer-
sity which took place when he was rejected as its mem-
ber; while others look upon it as an augury of no very
cordial feeling between the new Chancellor and Sir
Robert ; in corroboration of which latter view of the
matter, it is very well known that he has been for
some time past not in the best posssible odour with the
high Tory party.

The Privy Council sat to-day at the Council Chamber,
Whitehall. The Lords present were the Vice-Chancellor,
the Chief Judge of the Court of Bankruptcy, Mr. Baron
Parke, and Mr. Justice Bosanquet. Their Lordships
were occupied the whole morning with hearing the argu-
ments of Counsel on behalf of the claims of the Countess
of Conway and Mr. Wall, on the French Government.

COURT OF CHANCERY.-(THIS DAY.)

mYTTox V. itotyoicE.
A Gentleman behind the bar was instructed to apply
upon petition in this matter. Air. Alytton had so mis-
conducted himself that the Court felt it necessary to inter-
fere so as to take his children out of his custody. He was
now dead, he had appropriate guardians by his will those
guardians declined to act, the guardians who had been ori-
ginally appointed by the Court desired now to be dis-
charged, and the prayer of the petition was that they
might be discharged, and that it might be referred to the
blaster to appoint others in their places.—Order made.

SWANSBOROUGH V. TANNER.
Mr. BARBER stated that he appeared in this appeal, but
that it devolved on the other side to begin, none of whom
were in Court.
The LORD CHANCELLOR—Who is on the other side?
Mr. BARBER—Mr. Knight, My Lord.
The LORD CHANCELLOR---B must be struck out.
The Solicitor in the cause said that Mr. Knight was
out of town, and that his junior (Mr. Walker) had not yet
got to Westminster. . .

- The LORD CHANCELLOR—But that's a new course.
lam come here, and it is now past the hour at which the
Court sits. Ths Court sits for the disposal of the busi-
ness of parties, and they ought to be here ; they owe suit
and service to the Court ; I don't owe suit and service to
them. I have heard of counsel being in another Court,
when they have been wanted here, but it is the first time
I ever heard it said—they have not come yet ! Did you
instruct Mr. Walker that it was to come on to-day ?
The Solicitor—Yes, my Lord.
The Loan CHANCELLOR—And that it was to come on
at ten o'clock ?

The Solicitor—l did.
Mr. BARBER—Then, I shall go.
The LORD CHANCELLOR—You had better wait a quar-
ter of an hour.

His Lordship finding nothing that he could go on with,
then went into his room, and returned into Court at a little
before eleven.

HABEAS CORPUS.—RE HEATH.
Mr. CHING stated that his client had received notice
that a prisoner named Heath, who had been committed
in a matter of bankruptcy would be brought up at the
sitting of the court this morning to move for his discharge
upon a trial of habeas corpus which had issued yesterday
for the purpose of bringing him up ; that he was here to
oppose the discharge, and that neither the prisoner nor his
counsel appearing he submitted he was entitled to have the
writ discharged.
Writ discharged with costs.

SWANSBOROUGH V. TANNER

Mr. WALKER, who now appeared in.his place, stated,
in order toe
as
des xahypel
lastah i nadhabitse
ehanibsst eor nledlc,eub,e
sytt
,hh aiastnldet
ahldvi sehroc, ait,aufsreo. hsKat
adnt
eibgdehettno,
fadhoirmvanWthceaedtdnif it did not come on then, it would keep its place
in the paper, and that he (Mr. W.) was not at chambers
last evening, and did not know that it was to be, or
that it was in the paper to-day, till a quarter past
ten this morning. Under such circumstances he had
not read his papers, and if the cause was to be called on
now, he felt he could not do justice to his client ; therefore
he should return his brief.
The Loan CHANCELLOR—But it was advanced.
Mr. WALKER—It was advanced for Mr. Knight's con-
venience.
The Loan CHANCELLOR—But when did you think it
was to come on? Was it not advanced to be heard?
Mr. WALKER—It was advanced for Wednesday last,and
for Mr. Knight's convenience.
The Loan CHANCELLOR—But can anybody doubt that
when a cause is advanced for Mr. Knight's convenience, it
is advanced that it should be heard? Does not the ad-
vancing f a cause mean that it should be heard ?

Mr:WALKER—I cannot tell, my Lord, what was asked.
The LORD CHANCELLOR—NO, but give me a fair an-
swer. Does not the advancing of a cause mean that it
should be heard ?

Mr. WALKER—Yes, undoubtedly, I should take that to
be so.

The LORD CHANCELLOR—Very well, you must have
been ready on Wednesday, must you not ?
Mr. WALKER—I saw Mr. Knight on Wednesday, who
told me it was advanced for his convenience, and that if
it did not come on then it would stand over.

The LORD CHANCELLOR-But I ask you whether you
must not have been ready on Wednesday ; and, if you
were ready to argue a case on Wednesday, must you
not be much more ready to argue it on Friday ?
Mr. WALKER—No, my Lord ; because a junior looks
at his papers very differently to that of a leader ; and even
if I had been ready on Wednesday, and were ready now
to argue it as a junior, I should still not be ready to go on
with it now as a leader.

The LORD CHANCELLOR—Then you ought to be.
Mr. WALKER—I have not looked at my papers ; and,
in truth, I had not read them on Wednesday, because I did
not believe it would come on then.

The LORD CHANCELLOR—Your client ought to have
known that.

Mr. WALK Eft—l think my client ought to have delivered
brief to another leader.

The LORD CHANCELLOR—WeII, Mr. Barber,you must
prove your service, and take your decree.
Mr. BARBER—No, my Lord, I would rather have it
struck out. I think in courtesy that is due to each other
among us at the bar.
The LORD CHANCELLOR—Then I shall have it struck
out.

Mr. BARBER-I think, in justice to Mr. Knight, I
ought not to press it ; there has been a mistake.
The LORD CHANCELLOR--Oh, there has been no mis-
take. The appointment of this case for to-day was the
subject of conversation.
Mr. BARBER-I should be sorry, if there has been any
mistake, to press it in the absence of Mr. Knight.
The LORD CHANCELLOR-It does not depend upon
you ; it must be struck out.
Mr. WALKER-I think there must have been some
mistake.

.....,—.
The— LORD CHANCELLOR—No mistake at all ; let it be
struck out.

LOVEGROVE V. NELSON.

The Solicitor in this case stated that the Solicitor-
General was in it, but that he was attending to-day in the
Court of Exchequer.
Mr. CHING said he was with the Solicitor-General, but
that his leader felt a considerable interest in this case, in-
asmuch as it involved a question respecting contracts for
horseing the mail coaches throughout the kingdom. The
Postmaster-General was concerned in it, and it required
the peculiar assistance of the Crown Law Officer.
The Loan CHANCELLOR —Oh ! the nature of the
question, and the cause of the Solicitor-General's absence,
are sufficient reasons why this case should be postponed ;
let it stand till we go to Lincoln's Inn.
The Solicitor—Alr. Walker, the Registrar, told me
yesterday distinctly that it would not come on to-day.
The Loan CHANCELLOR—But when I order a case to
be put into the paper, it is for the purpose of being heard,
and not for the purpose of not being heard.
His LORDSHIP then stated he had intended, and was
prepared to give, some judgments, but as neither parties
nor counsel were present to hear them, he would go away
and return again at half-past three to deliver them, by
which time he would expect the parties at least to be in
attendance.

COURT OF EXCHEQUER.-(THIS DAY.)

(Sittings at Nisi Prius, before the LORD CHIEF BARON
and a Special Jury. )

THE ATTORNEY-GENERAL
reriere.eemetad,bfetwterhhraewinesnbdlf;so,:azrecs'
information
aroi%mit'
fAei
oed:nhdHaafbtoti
yEritntlhteoe.rssn
smugglingtiatpitnpi
oisenrs
was filed against the house of Caudy
some
velvets,
eesrg.
ltn,eovaooe,
srddfte
'term,
rr:Fmsewdrwmh,i
hui•ehhena verdict was found for the Crown.
ai
flyhdr-
formed
otlrehaons, and the present information was filed for their con-
demnation. The evidence for the Crown was identically
aaa‘it'etedLOTerre)shuC'ame as that given upon the other trial. One of the
partners cleared five packages at the Custom-house, but
when the cart drove away, one of the officers had some
suspicion that there were some packages in it that had
never been opened, and followed it to Friday-street, where
they found their suspicions correct, and made a seizure.
The unentered case was found to contain velvets and satin
ribbons.
Mr. JERVIS, for the defendant, contended that the evi-
dence on the part of the crown had failed, as it was not proved
that the goods had been taken into the Custom-house un-
der the new Custom Act, and all the old ones were re-
pealed. The new act only came into operation on the
tll_sltt,
of September, and the seizure was made on the 4th of
same The SOLICITOR-GENER At. was about to reply, when
~,iiiehntiloinetgho.odsT\hveerree
lwa'aosdendo evidence given of the day on .
the learned judge interfered, and suggested that the case
should stand upon the point of law suggested by Mr. Jervis.
A verdict was accordingly found for the Crown, and
liberty given to Mr. Jervis to move the Court to enter a
verdict for the defendant.

AWKWARD WIT.—A young lad the other
day, was ordered by his reverend tutor to wrote an es-
say on the feathered tribe. The lad wrote a list of
State Pensioners and Clerical Pluralists, and conclu-
ded by expatiating on the beautiful manner in which
the
they had feathered their nests, and by pitying
need not say that chastisement was the reward ot his
common birds that were so unmercifully plucked.
~N.N.e
humour.—Sherburne Journal.