The Sun.
London, England, 1835-12-05 00:00:00

cotton were very brisk. Between seven and eight thousand
bales had been sold in four days. The prices had risen.
We have a letter from Bayonne, dated Nov. 30th, to the
following effect :
General Harispe has taken a vigorous step. I stated to
you the situation of affairs at the Bridge of Behobia, but
the General has taken the shortest way to prevent a con-
flagration. Yesterday morning he sent his aide-de-camp,
M. Bois Lecomte to signify to the Carlist General, in the
name of the French Government, that he must immediately
demolish the batteries which be had erected against
the Christino fort ; and that if he did not, the French
troops would save him the trouble. The Carlist officer an-
swered that he must give an account to His Majesty
Don Carlos, and that he could not return an answer
till nine o'clock this morning. MeantiMe, the General, to
support his intimation, sent last- night all the troops and
artillery that could be spared, with every thing necessary
to open this little campaign. But the Carlists have been
more prudent than there was reason to expect, and ,have
withdrawn their cannon.

I 'do not know whether, after so striking a proof of
good faith, people will continue to spread the report of a
pretended connivance of the French Government with the
Pretender ; but it is probable that Mr. Villiers will take
care that the Christino Journals shall insinuate that this
step of France had no other object than to hinder the
fine defence which the troops in the fort intended to make.
At all events, here is a bare show of intervention, which
has had more effect than the whole of the half military,
half smuggling English expedition. So true it is, that it is
only France that can favour or injure the party of the
Queen ; for with respect to the power and resources of
England, it would be but sport for the Carlists."—Mes-
sager, Dec. 3.
FRENCH FUNDS.—PAnts, DECEMBER 3.
Five per Cents., 1071 ii c. 75c. 80c. 75c,
Four per Cents., 09f.
Three per Cents., 80f. 30c. 2-c. 10e. sc. 79f. 05c.
Bank Actions, 2,125 f.
Rente de Naples, 98f. 80c. Mc. '7sc. 7ec. 65c.
Roman Fire per Cents., 101% 101.
nova! Spanish Loan, 33%.
Rente Perpet. d'Espaytie, Five per Cents., 35.
Portuguese Three per Cents. 54%.
EXCHANGE ON LONDON.
One month, paper, t-25c. s:c. ; money, 25' 50c.
Three months, paper, 25r. 40c.; money, 25f. 35c
rn f'S Aufl.ergivre: _

Boutin THREE O'CLOCK.—To-day there has been a con-
siderable fall in the French 3 per Cents. They opened at
80f. 55c., and went down to 80f. for the end of this month.
Some bargains have been done at 79f. 95c. It is positively
asserted at the Bourse, that Russia will guarantee a loan for
Don Carlos. Spanish stock has, however, not been affected
much by this assertion, nor by the state of the French market.
QUARTER TO FOUR.—Five per Cents., 1081. —c. ; Three
per Cents., sof. sc. ; Five per Cents. Spanish, —; Three
per Cents. Spanish, —; Cortes, —; Coupons, 22 ; Gueb-
bards, 35!; Differes, 1131 ; New Loan, —; Actives, 45 ;
Passives, 13-A ; Ducats, 98 20; Romans, 101 ; Pedros, 821;
Belgians, —; Dutch, —f. —c. ; Haytians, —f. .—c. ;
Miguels, 21+ ; Brabant Bank, —; Belgian Bank, —; Con-
tinuation, —c. ; New Differes,

The following letter, upon which we have a few
brief observations to make, for the information of the
sober-minded, liberal people of England and Scot-
land, appeared in the Dublin Evening Mail of Wed-
nesday last :

" 15, Merrion-square, Dublin, Nov. 14.
" My Lord—Having been professionally employed by a
considerable number of the Clergy, and more particularly of
the county of Tipperary and King's county, to institute pro-
ceedings in the Court of _Exchequer for recovery of arrears of
Tithe Composition, I have, in several cases, experienced great
difficulty, and in some found it impossible to procure persons
to undertake the service of law process on the parties, unless
protection should be guaranteed to them! whilst employed on
that duty.

" As- all the Clergy for whom I am professionally con-
cerned, have resolved, in no case, to proceed by distress,
thereby avoiding disagreeable collision with the land occu-
piers, and have determined to proceed in one (f, the Superior
Courts to recover their arrears, I beg leave, on their. part,
to request that your Lordship will inform me whether, in cases
where an information on oath shall have been previously lodged
with a Magistrate, deposing that the informant is apprehensive
of personal danger and violence in making the attempt to exe-
cute or serve law process, the aid of police or military will be
afforded to protect the persons, and preserve the lives of those
who may be engaged in performing that duty ?—I have the
honour to be, my Lord, your Lordship's very obedient servant,
" WM. SMITH.
" To the Right Hon. Lord Morpeth, &c. &c.
Dublin Castle."

The Rev. Turin HAMILTON, the Rector of two
parishes in Ireland, stated in evidence before a Com-
mittee of the House of Commons, that a law process
for tithe in the Court of Exchequer was always at-
tended with an expense to the defendant of from
twenty-five to thirty pounds and upwards I This
process may be, and almost always is, entered upon
for a tithe demand not exceeding five pounds ; so that
it frequently happens that for a few shillings, a poor
Roman Catholic is deprived of his whole property by
these reverend harpies, and turned adrift on the world
to beg or starve. For him there is no mercy—no
commiseration. The ecclesiastical tyrant who reaps
where he does not sow—who gathers where he has
not scattered—might recover his tithe by a summary
process at an expense to the defendant of a few shil-
lings ; but that would not sate his appetite for plun-
der. Amidst the dangers that threaten them, the
Protestant priesthood of Ireland go on in the same
same blind, destructive, and Anti-Christian course
which they did in the brightest days of Orange
ascendancy. They go on—as Churchman ever
have went on—regardless of the past, and heedless of
the future. Lessons of wisdom, drawn from the
experience of the past, are of no avail to them.
The Protestant clergy of Ireland, like the Catholic
priesthood of France before the first Revolution,
cannot be made to see that the old world, in
whose knowledge they were such adepts, has passed
away, and that they are now surrounded by a new
order of things. The term of ecclesiastical domination
has expired. Kingdoms can be no longer compelled to
pay for what they do not want ; and the proper esti-
mate of the value of all services must be left to be de-
termined by those who benefit by them. Either the
State must defray the expense of all religious worship,
or it must leave all to the voluntary' support of the
community. On no principle of justice can the Dis-
senter or Roman Catholic be charged with the main-
tenance of a Protestant hierarchy.
Mr. SMITH writes to the Lord-Lieutenant, as the
system of clerical tyranny which he details was neither
new nor unusual in Ireland. All the clergy for whom
Mr. SMITH is professionally employed have " deter-
mined" upon proceeding against their parishioners in
the " Superior Courts"—or in other words, in ruining,
by law expenses, the Catholic peasantry. Every adhe-
rent of the old tyrannical system must, as a matter of
course, be supported by pittances wrung from the poor
tithe-payer. The Orange parson is not content with
his share of the plunder, unless some briefless barrister
who claims kindred with him, as a relative or a brother
Orangeman, assists in pocketing whatever remains of the
spoil. This scandalous system is particularly preva-
lent in those counties in Ireland in which there are al-
most no Protestant residents. Mr. SMITH himself
instances two such counties, as districts in which he
was employed to ruin the poor people by this infamous
mode of tithe collection.

And yet a priesthood capable of this enormous—
this profligate abuse of power, have the insolence to
parade its sufferings before every eye, and in the
name of a merciful GOD, to appeal to the Christian
compassion of Englishmen I Yes, these vultures
who thus claim protection, while preying upon the
vitals of the orphan and the widow, have
the effrontery to represent themselves as martyrs
to the cause of Gospel truth and righteousness I
But they will not succeed in their evil courses.
They have mocked the British people long enough ;
and if, in future, they require support, they must
seek it among their beneficed brethren in England, not
among the people. Men who will not themselves com-
passionate the starving poor of Ireland—men who
gather wealth sprinkled with the blood of the widow's
children, as happened in the case of the poor woman
Ryan—men who have the heart to instruct their agent
to pray the Government to place at their disposal the
certain means of provoking bloodshed, ought to blush
at the idea of an appeal to the charity of the noble-
minded people of England.
The request thus made by the Protestant Priesthood j
of Ireland to the Government, through their agent

Mr. SMITH, has been complied with by the LORD I
LIEUTENANT. What, in Heaven's name, can ac-
count for this ? We certainly know of nothing.
The LORD-LIEUTENANT cannot be ignorant of
what will be the result of this official act of temerity.
There will be another Rathcormac, followed perhaps
by another fierce appeal to the passions of the populace
for a repeal of the Union. Lord MULGRAVE must
rid himself of some of his present advisers if he
would not peril the stability of the present Government.
The tithe-prosecuting system must be abandoned. The
Irish people will lose their lives, rather than be com-
pelled to pay tithes in the manner in which they have
hitherto been collected ; and it is insanity in any Go-
vernment to oppose them in the fulfilment of a just
resolution. We can better afford to sacrifice tithes,
than we can to give up Ireland ; and one or the other
is inevitable. We call the attention of Lord MEL-
BOURNE, and his Majesty's Government here, to this
very important transaction.

Launceston Papers, Van Diemen's Land, to the 3d
of July, and Hobart Town Papers, to July 10th, have
been received at the North and South American Cof-
fee House. The information they bring is of a me-
lancholy nature, as will be seen by the following

DREADFUL SHIPWRECK.
" The shipwreck almost contiguous to our island (Van
Diemen's Land) of the transport ship Neva, Captain Peck,
who left Cork on the
.18th of Jan. last, bound to Sydney,
having on board 150 female prisoners, with 33 of their chil-
dren, 9 free women, with 22 children, and a crew of 26
persons, (under the charge of Dr. Stevenson—they had pro-
ceeded prosperously on their voyage till Wednesday, May 13th,
last, and being by their reckoning about ninety miles from
King's Island, so early as two in the morning the men on the
look out discovered land in sight, and about four a reef of
rock suddenly appeared right a-head. Orders were instantly
given to tack about ; but while yet in stays, the vessel struck
and unshipped the rudder, and was driven upon her larboard
bow with violence on the rocks. She immediately bilged.
The boats were speedily lowered, but had no sooner reached
the water than they were upset, and in a few minutes more
the vessell parted and fell asunder in four pieces, when, dread-
ful to relate, with the exception of 22 persons who clung to
the fragments, the whole on board perished. After enduring
great hardships, the survivors reached King's Island, but seven
of the number were so exhausted, that they died soon after-
wards, leaving only fifteen saved out of the entire complement
of 241, namely, 6 of the passengers and 9 of the crew.

The Reformers of 'West Gloucester will, we trust,
be on the look-out for some trust-worthy competent
person to represent their interests in Parliament. The
Registration has put quite efficient weapons into their
hands, and they have only to wield them with proper
energy to be successful in the election which is shortly
to take place. We have heard more than one Liberal
Candidate spoken of; but no one, s'e believe, is as yet
definitely fixed upon. The sooner, however, the West
Gloucestershire electors come to a decision on this
point, the better. There is nothing like taking time
by the fore-lock. They may rely on it that the Tories
are on the alert. These men know well the advantage
of being first in the field ; and the Reformers cannot
do better. than take a leaf out of their book.

The distress of the Irish Clergy has been occasioned
solely by the Tories. ',That is admitted by every:person
who is capable of exercising an unbiasSed thought
upon the subject. In perfect accordance with the
principle which has ever been the rule of action with
that selfish faction—namely, to stick at nothing by
which their own interests may be advanced—they re-
jected the Irish Tithe Bill, a measure which, while it
closed the bleeding wounds of Ireland, would have
provided a better and more secure maintenance for the
working clergy of the Protestant Church there than
they have ever yet received ; and what has been the con-
sequence ? Exactly what the Tories themselves knew
and foretold, and intended. The Irish clergy are reduced
to a state little better than that of paupers. The only
plan by which the tithes could have been rendered
available to their support, was that which his
Majesty's Ministers proposed, and which the
House of Commons sanctioned. This the Tory
Peers knew full well, and in order to escape
the odium of rejecting such a measure, they had re-
course to the hypocritical pretence of defending the in-
terests of the Church—of protecting the revenues of
the Church from violation—as if the surplus revenues
of the Church could have been appropriated to a
better or nobler purpose than the education of the
Irish people. However, the Tories carried their
point, and they are now endeavouring to turn
to account the distress which their own unfeeling
conduct has produced. The sufferings of the Irish
Clergy are now attempted to be made subservient to
the political interests of the party. The "No Popery"
cry having failed, is changed into " Protestantism in
danger." The words are altered—the meaning is the
same.

But we have no fear that this deception will be success-
ful. The charitable will contribute to relieve the wants of
the Irish clergy, without being persuaded that Protes-
tantism is in the least danger from the Reform of its
abuses; nor will the benevolence of the English people
be stinted, should they see, as we are afraid they will
see, that those who have been the most forward in oppos-
ing the Tithe Bill, and the loudest in lamenting the suf-
ferings which in so doing they have been the means of
inflicting on the Clergy of Ireland, are not the readiest
to open their purses.

THE FUNDS-(THIS DAY).

CITY, TWELVE O'CLOCK.

_ -
The report (a stockjobbing manoeuvre) spread late yesterday
afternoon, of a battle in the North of Spain, which lasted for
twenty-four hours, and the retreat of the Carlists, had the
effect of improving the Spanish Securities ; but this not being
confirmed this morning, and the receding of Spanish Bonds at
Paris, have caused the Bonds to be exceedingly heavy—Left
off at 444, and are at present 434 ; Portuguese, 84 ; Three
per cents, 541 ; Mexican, s7i; Colombian, 31i ; Dutch
two and a half per cents, 541. e ; Five per cents, 100 k k.
Consols which closed at 914 a, opened this morning at
91+ ' • at present, 91k sellers, with a heavy market, owing to
the French Funds coming lower ; Omnium, 31 prem. ; Ex-
chequer Bills, 13 15; India Bonds, 2 4; Bank Stock, 210 211.
The express from Paris states that a report prevailed on the
Bourse that Russia was going to guarantee a loan for Don.
Carlos, which eaused the depression—Five per cents. 108 ;
Three per cents, 80f. 85c. _ _ _

HALF-PAST ONE.

Cape of Good Hope Papers were this day received at the
North and South American Coffee House to the 24th of Sep-
tember. Another attempt is making to establish a Joint Stock
Bank at the Cape, and from the number of respectable names
attached to the prospectus, little doubt is entertained of its
success.

The Graham's Town Journal of the 10th of September
says--" That his Excellency the Governor having concluded
a treaty of peace with the Caffre chiefs of the Gaika tribe,
lately at war, hostilities will cease throughout the province of
Queen Adelaide, with this tribe.
"We have had heavy rains during the past week. We have
only a few details from the frontier this week. No principle
either of peace or of war has as yet been made public
officially."
Both the British and Foreign Markets continue very heavy.
Consols ari tlhiethmloirnttlie or nothingngprice,9 doing.lkforthe Account, and
Reduced,B9 with
Omnium, sat premium.
Exchequer Bills, 13 14; Bank Stock, 210 211 ; India
Bonds, 2 4 ; India Stock, 255 g.
In the Foreign market Spanish Active Bonds, which were
in the morning 44k, have receded to 43ii ; Portuguese 83,1-;
Three per Cents., 53i ; Mexican 37i ; Colombian 31i ;
Dutch 21 per Cents. 544 ; Five per Cents., 1008}.
THREE O'CLOCK

Consols for the Account, 91k.

THE LACE TRADE.—The general state of the
lace trade is at present flat. The principal sales of plain
net have been from the power machines. The quillings
most in demand, are ten and eleven point slack net. Fine
quillings are not in demand. In the fancy branch there is
more doing, particularly in new patterns, and in Grecian
net, both plain and quillings. Some business has been done
in cotton blond. At this season of the year, much activity
is not expected to prevail. The stock on hands of brown
net, is not considered large.—Nottinghanz Review.
In the neighbourhood of Richmond ladies may be
seen, in their summer attire, driving open carriages ; and,
.with the exception of the trees being denuded of leaves,
there is little or no appearance of the usual characteristics
of December.

ROLLS' COURT-(THIS DAY.)

MOSCATA AND OTHERS V. INGLEBY AND OTHERS.

His Honour, the MASTER of the ROLLS, gave judgment
this morning in this case, which came before the Court upon
demurrer. The bill was filed by the plaintiffs, who were
several of the shareholders of a Mining Company esta-
blished several years ago, against the defendants, the Di-
rectors of that Company, for the purpose of compelling them
to pay to the bankers of the former a sum of 43,000/., the value
of the calls of 8,790 shares. When the Company was first
formed, it was agreed that it should consist of 20,000 share-
holders, and that a call should be made of .5/. a share.
The plaintiffs by their bill stated that the defendants, in-
stead of issuing the whole of the shares to the public (in
expectation of their shortly being at a premium), reserved
for themselves 8,790 shares. This, the Plaintiffs con-
tended was a fraud upon them, and they filed their bill for
the purpose of obtaining the value of the shares and in-
terest, together with an injunction, restraining the defend-
ants from destroying the books of the concern. To this
bill the defbndants put in a demurrer, for want of parties,
the validity or invalidity of which the Court was now called
upon to decide. His Honour, after going through the
facts of the case at some length, stated it to be his opinion
that the demurrer was good, inasmuch as it would be im-
possible that a suit, having so many parties, could ever be
brought to an effective conclusion. If the plaintiffs were
entitled to any relief, it must be very different to that sought
by the present bill. The demurrer must, therefore, be
allowed.

THE ATTORNEY-GENERAL V. THE CORPORATION OF LIVER.

POOL.

HIS HONOUR also gave judgment in this case, the short
facts of which we gave yesterday. Our readers will recol-
lect that it was an application for an injunction to restrain
the Corporation of Liverpool from lending to the Grand
Junction Railway Company a sum of 105,0001. His Ho-
nour said he had carefully read over the Act of Parliament,
incorporating the Railway Company, and as that Company
was bound by it to pay off any mortgages, previous to any
other incumbrances on their property, he could not but
think the investment of the money a secure one ; and such
being his opinion, he must refuse the application for the
injunction.

KINGS BENCH.-(THIS DAY.)

THE KING V. DUNCOMBE.

Mr. THESIGER (with whom was Mr. CLARKSON), stated
the case. It was an indictment at the instance of the So-
ciety for the Suppression of Vice, against Edward Dun-
combe, a bookseller, of Middle-row, Holborn, for exposing
for sale books and prints of an immoral description. The
attention of the Society had been called to the nuisance by
the authorities of the parish in which the defendant carried
on business, and he trusted the Jury would mark their de-
testation of the conduct of the defendant, and by their ver-
dict prevent the repetition of a nuisance which had been
productive of the most mischievous and demoralizing effects.
John Turner, a person employed by the Society, deposed
to having made 'purchases of several books at the shop of
the defendant, for one of which he had paid 21. and for
another 7s.

Andrew Collard, constable of the parish of St. John,
Clerkenwell, was formerly employed by the Society for the
Suppression of Vice. Went to the defendant's shop, in
Middle-row, Holborn, on the 7th February last, and pur-
chased an improper book for 7s. On the 12th February he
purchased another, and on the 25th purchased two others
from the defendant in person, who gave' him a receipt.
John Blaksney, a constable, accompanied the lase witness
on three several occasions to the defendant's shop, and saw
him make the purchases.

William Green, a constable, also made purchases of books
at the defendant's shop.
The defendant, who had been in Court at the com-
mencement of the proceedings, and who had made an
application for the postponement of the trial, was then
called, but did not appear.
The Jury immediately returned a verdict of Guilty.

WATTS V. FRAZER AND ANOTHER.-LIBEL.

The ATTORNEY-GENERAL (with whom was Sir F. POL-
LOCK and Mr. BAnsToik) stated the case. It was an
action for libel, brought by Alaric Alexander Watts, Esq.,
the proprietor and editor of the Literary Souvenir, against
the publisher and printer of Frazer's Magazine. He had
the honour to represent Mr. Watts, a gentleman of un-
blemished character and high literary attainments, who was
driven to bring the present action, because, if he were to
submit to the imputations cast upon him in the libels com-
plained of, he would be wholly 'unfit to associate with those
who esteem, love, and respect him. He had been
compelled to come forward in defence of that property upon
which himself and his family depended, and for the attacks
made upon his character and property he appealed to a jury
of his countrymen for ample compensation. The publica-
tion of which Mr. Watts was proprietor had gained very
considerable celebrity, acquired an extensive circulation,
and had been a source of honour and profit to himself. The
principle upon which these Annuals were published was to
unite- amusement and instruction—literature and the fine
arts, by the insertion of poems and tales illustrated by en-
gravings of the highest character. To conduct a publication
of that nature required considerable talent, as it was a con-
test in which, with fair play, success would always attend
upon merit. Hitherto the Annual edited by Mr. Watts
had found favour with the public, because he had intro-
duced to its notice and employed those who were well
known for high literary talent, and he had also the assistance
of the first artists in the engravings which were introduced in
his work. Mr. Watts himself, from time to time,wrote articles in
it, which were very much approved of, and some of them met
the highest applause of the first literary characters of the
day. He had the high honour of being most intimate with
Wordsworth, Southey, and all the celebrated writers, with
whom he was engaged in honourable competition. The de-
fendant, J.Fraser,was the proprietor, and the other defendant,
Moyes, was the printer of Fraser's Magazine, and of that
publication he could say nothing, except from what ap-
peared in the two Numbers that would be laid before
them ; but, judging from them, he would say, that it was
one of the most libellous, and one of the most reckless pub-
lications that had been laid before the public. It had a
very extensive circulation, which might probably arise
from the characteristics which he had mentioned,
and any libels appearing in such a publication were
likely to influence an extensive body of readers.
In the numbers of this Magazine for Nov. 1834, and June,
1835, they would find two most unfounded and injurious
attacks upon the property of Mr. Watts. That in the
November number was brought forward under the guise—
the artful guise—of a criticism upon the Annuals. The
author had, he admitted, an undoubted right to criticise
these publications, so that he did so fairly and candidly,
and without being actuated by malice, or with a view of
doing a personal injury to the individual whose work was
criticised. He should be the last person to make any ob-
servations which Would limit in any degree the power of
political or literary discussion. Let public men defend their
characters by their public conduct—let their public con-
duct be canvassed with the greatest severity—let opinion
be free, but let all men abstain from private slander, and
not impute crime to individuals, which would render them
unworthy to associate with men of character and integrity.
Criticism also should be free ; but no one should be
allowed, under the guise of a criticism, either as an
avowed or secret enemy, to attack the property and cha-
racter of the writer. It would be for the Jury to judge
whether the articles in question were not intended to injure
the property and character of Mr. Watts, and thereby put
an end to the sale of his publications. The first was pub-
lished in November,lB34, at the time the Annuals for 1835
come out, and the scheme upon which the attack was
founded was this—to make pretended extracts from the
Literary Souvenir of the dullest, stupidest, and most vapid
description, and thus induce the readers of Fraser's Maga-
zine to believe that they were taken from Mr. Watts' An-
nual, and that they were publishing a fair criticism upon
the contents of the work. Anything more unfair it was
impossible to imagine, because, if articles were really se-
lected and commented upon with severity, the plaintiff
would have had no right to complain. But without ex-,
tracting one single line that really appeared in the plain-
tiff's Annual, there is a series of stupid, vapid, con-
temptible extracts given, and these are palmed 'upon the
public as from the Literary Souvenir, and a fatal blow is
thereby given to the reputation of Mr. Watts.—(The
Learned Counsel here proceeded to read extracts from the
November Number of Fraser's Magazine—the poetry with
a sing-song nasal drone, which excited much laughter.) At
that very time the publication of Mr. Watts was just issued ;
it contained twenty-five plates, all by the first artists—steel
engravings, and the articles were by persons of the highest
talent ; some idea of which may be formed from the fact,
that to get up this volume requires an expenditure of from
two to three thousand pounds. It must, therefore, be in-
ferred, that the
publication in the defendant's Magazine
had a manifest tendency to prevent the sale of the Anual,
and bring ruin on the plaintiff. It might be said that the
article was fair criticism, and that there was nothing of
personal abuse against Mr. Watts ; that the defendant
adopted the advice of Lord Ellenborough, to abuse the
works, but to abstain from personal slander on the indivi-
dual ; but the June Number was not of this character, for that
contained a caricature of the plaintiff, designated as " Alaric
Attila Watts, editor of the " Literary Souvenir," and re-
presented him " with a picture under each arm, and flying
down stairs, with caution depicted on his countenance."
It also contained some allusions to the wife of the plaintiff,
and aspersions upon the character of the plaintiff generally.
These libels were of such a nature as to render it necessary
for the plaintiff to take notice of them. The liberty of the
Press was concerned in its licentiousness being restrained.
The plaintiff had proceeded by action for the purpose of giving
the defendants an opportunity of justifying these charges,
fth ey could. did not bring the action for the pur-
-1