The Sun.
London, England, 1832-04-02 00:00:00

HOUSE OF LORDS.-(THIS DAY.)

The House sate this morning in a Committee of Privilege,
•on the Slane and Berner's Peerages, the former of which we is
adjourned for further Consideriftion, and the latter under di,
cussion when our reporter left.

MESSRS. DUCKETT AND COS'. BANK-
RUPTCY-(THIS DAY.)

A meeting of the creditors of Messrs. Duckett, Morlani,
and Co., was convened at the Thatched-House Tavern, St.
James's-street, this day, at twelve o'clock, by Mr. Barber
Beaumont. The meeting was very numerously attended, and
after some hesitation on the part of different members declining
the office, Mr. BARBER BEAUMONT took the Chair.

The CHAIRMAN said he was a creditor to the amount of
13,870, and could not but feel interested in the amount and dis-
posal of the bankrupts' propesty, which he did not think had
been satisfactorily shown and proposed to be done at a former
meeting—when not the creditors of the property, but
actually persons who are debtors to it, took the lead, not only in
the statements, but in the vote of thanks to Messrs. Duckett
and Co., for what they were pleased to term an honourable
candid and fair statement. This he thought not so correct as
candid : for though there was said to be a surplus of 90,0001.
on the items of the property specified, he thought that the
standard of the calculation was incorrect, and that each particu-
lar was not only over-valued, but was in existence, subject to
considerable exigencies. First, the two Canals, the Stork and
Hereford : the Stork Canal was averaged at 5.0001. a-year, and was
stated to be worth 30 years purchase. He had reason to believe that
5,0001. was not the average rental of that canal : and he was un.
willing to believe that that or other similar property was worth
more than 20 years' purchase—and this would make a consi-
derable diminution in its valuation, not to mention the
probabilities concerning the uncertain existence of such
property, if a railway or other convenience near to the
canal were projected and completed. The same arguments
applied also to the new canal near the Regent's canal and the
river Lee, where it was said there were 45 acres of freehold
property, although it was known that 28 of these were occupied
by the cut of the canal, and all were averaged at 1,0001., which
was certainly too extravagant a calculation, as he himself had
lately purchased six or seven acres, wholly land, near Stepney,
for 600/. Besides, there were considerable drawbacks, as
expences, on these estatablishments. Other arguments he also
adduced ; so, too, concerning the pictures, the wines, &c., which
the Chairman said were enormously valued. He urged, in con-
clusion, the necessity of caution in the creditors concerning
the appointment of assignees,&c.and that the property, (whatever
amount might be realized,) might not be swamped in law ex-
penses.
Mr, WALFORD (solicitor for the bankrupts) answered the
objections seriatim of Mr. Beaumont, proving that the canal
property was bonafide worth thirty years' purchase, and the
average annual value stated. He proved his opinion by that
of Mr. Giles (engineer) and others. He also ratified the state-
ment of the chairman concerning the books, wines, china,
ancient manuscripts, &c., and said that a fair and separate
of each would be given. He then said that the assignees pro-
posed were—Messrs. Henry Ellis, Baldwin, M.P., and Fowel,
the petitioner's creditor.
The business of the meeting was proceeding when our re-
porter left. It was announced that the assignees, &c., would
be appointed on Thursday next.

SHIPPING INTELLIGENCE-(THIS DAY.)

FROM LLOYD'S.

DEAL, APRIL I.—Wind E.S.E.—Arrived from the River
and sailed, the Eliza, Groves, for New South Wales ; the Pe-
nelope for the Mauritius.
PORTSMOUTH, MARCH 31, AND APRIL I.—Variable light
airs.—Sailed the Arab transport for Leith, and Recovery trans;
sport for Deptford.
PLYMOUTH, MARCH 31.—Wind E.N.E, light.—Arrived
the Elizabeth, Hail, from Messina.
FALMOUTH, MARCH 30, 31.—Wind E., light.—Arrived
the Hannah, Underhill, from Lisbon; the Sandwich packet
from Lisbon, sailed the 11th inst. Sailed H.M. Cutter Gossa-
mer, for Lisbon, with mails.
FOWEY, MARCH 31 —Arrived off Port the Isabel, Stone,
from St. Übes. _

LONDONDERRY, Maacii 30.—Arrived the Monument,
Smith, from New York; the President, M`Caskey, from Alicanti
CORK, MARCH 30.—Arrived the Malcolm, Brown, from
Atherton; the Zorilda, Crofts, and the Native, Dingly, from
London.

ELSINORE, MARCH 2-I.—The Ann, Duncan, from Sun-
derland to Memel, ran on shore on the Grounds, but was yes-
terday assisted off, after discharging part of the ballast and
paying 1001.

- - :-•
It is expected the quarantine for vessels from England will
be reduced from ten to five days. .

LISBON, MARCH 10.-The Gustave, Guerron, from Bour-
deaux to Cayenne, has discharged part of her cargo to repair.
The Magnet packet is reported to be off the port.

OPORTO, Msacii 6.—The Aveline, from Newfoundland, is
supposed to be oft' the port.

WARWICK ASSIZES, MARCH 30.

CIVIL SIDE.
(Before Mr. Justice BAYLEY and a Special Jury.)
SIMCOX v. BIGN'JLD.

This was an action brought by the executors of the late Mr.
Bird, an attorney at Birmingham, against the Norwich Union
Life Society, to recover the sum of three hundred thousand
pounds upon a policy of insurance effected by Mr. Bird, in
March 1827. The claim was resisted by the Office, principally
upon the ground that there was a want of sufficient communi.
cation of a particular disease under which Mr. Bird had been
labouring in June, 1825, and December, 1826. The pleadings
in the cause were so framed as to call upon the Office to esta-
blish by evidence the concealment of such disease, and in the
progress of that investigation an objection was taken by the
plaintiffs' Counsel to a point of evidence as to whether Mr.
Bird could be ignorant of the existence of the disease at the
time he effected the insurance, when the following discussion
ensued :

Mr. Baron BAYLEY.—How do you propose to make that
evidence, brother Wilde ?

Mr. Serjeant WILDS.—My Lord, the ground on which I
submit it is evidence is this. In the outset of the case I stated
that I should endeavour to point out a ircumstances to show a
consciousness on the part of Mr. Bird of the state of his own
health ; but that is not essential to this case, it is a point I am
not desirous of establishing, because I feel that many
observations may be fairly and properly urged to rebut
any such impression ; but at the same time it seems
to me material to show that the state of Mr. Bird was
such as ought to have been communicated to the office, because
that is part of the general inquiry as to what his actual condi-
tion was I have no desire to proceed a step beyond that, even
if 1 had the means of shewing that Mr, Bird was aware of it, be.
cause I am perfectly satisfied what ideas individuals of sanguine
expectations may entertain as to matters relating to their wel-
fare. I am not desirous of bringing home a charge of
direct fraud to Mr. Bird, because by the condition
of the policy, the Norwich Union Office have the
power of retaining the premium effected upon every life
they run the risk of, where there is an intention to commit a
fraud upon them. I am not desirous of establishing fraud ;
but I am ready now, as the office always has been, to return
the premium, and treat the case as free from fraud. The
office, of course, would not feel themselves authorized to do
that, if they felt that fraud was intended ; they are perfectly
willing to put the case on this footing, that there was not due
care and attention to the facts material to enable them to
form a judgment of the ordinary risk, and therefore that they
are entitled to a verdict, and are willing to take a verdict by
consent, the plaintiff's agreeing to enter a stet processes, re-
nouncing all claim in the policy and costs, the premiums
being returned. I apprehend my friend, after that, will with-
draw his objection.
Mr. Serjeant ADAMS--My Lord, Mr. Bird, as a profes-
sional man, was well known to all the members of the Midland
Circuit ; he was a highly respectable man, and perfectly in.
capable of fraud. Whether lie thought the disease would
tend to shorten his life or not, is a question for the
Jury, but I must confess that I think there was a con-
cealment, though not intended on his part, that ought to have
been made known when the insurance was effected. The
executors are highly respectable men, ,and they as well as the
family are desirous of acquitting Mr. gßird of any intention of
deceiving the office ; they feel satisfied with what my Learned
Friend has said relative to that, and I think they will best
discharge their duty by accepting the handsome proposal
which he has made on behalf of the office—returning
the premium. Under these circumstances, therefore,
I am sure your Lordship will not think I am sacrificing the in.
terests of my clients, either in point of character or the money,
which is of the least importance. I confess, in my opinion, the
best termination of this case will be the office returning the
premium.
Mr. Serjeant WILDE—My Lord, to show the spirit with
which the office has acted, I come prepared with a resolution
of the Directors of the Norwich Union Office, agreeing to
leave it to my Learned Friend, myself, and the Office Solicitor,
to dispose of the case under your Lordship's sanction.
Mr. Baron BAYLEY.—/t is behaving exceedingly hand-
some on the part of the (eke. There certainly is no
imputation upon the character of Mr. Bird, and, in
my judgment, the Executors have exercised a very
proper discretion in acceding to the liberal offer which
has been made by the office ; because although I admit that
there was no fraudulent concealment, yet I have no difficulty
in saying that there ought to have been a communication of
the disease under which he had been suffering in June 15•25,
and in December ISX, and even if the plaintiffs had obtained a
verdict to-day lay firm opinion is that the Court of Exchequer,
from which this case comes, would, upon payment of the
costs, have set aside the verdict, and have given the
office the opportunity of introducing upon the record a plea
of non communication of material matter. lam perfectly satis-
fied, if there had been a plea of that description, I should have
expected any Jury would have come to the conclusion that there
had been a want of material communication at the time the po,
licy in question was effected ; there must, therefore have been
a verdict for the office. Gentlemen of the Jury, you will find a

verdict for the defendants.
The case for the plaintiffs was conducted by Mr. Sergeant
Adams, Mr. Balguy, and Mr. Humfrey ; and for the defen-
dants by Mr. Sergeant Wilde (who was brought special from
Western Circuit, Mr. Clarke, KC., Mr. Sergeant Goulburn,
and Mr. Hill

COLLIERY DISTURBANCES IN THE

NORTH.

(F&011 OUR OWN conaEsrownincr.)
Newcastle-on-Tyne, Saturday, March 31, 183 g.
There is at present every appearance of a
strike" or cessation of work on the part of the
colliers in this part of the country. The bonds
which are entered into by the masters and men
annually expire on the sth of April (Thursday
next) : by this time the pitmen should, accord-
ing to the usual practice, have renewed their
engagements for another year. They have been
bound, however, at comparatively few of the col-

l'eries yet; and emboldened by their having suc-
ceeded in obtaining their own terms from the
coal owners, when a difference took place last
year, they appear by their conduct resolved to
throw the district again into confusion, in the
hope of deriving still greater advantages for them-
selves. A. few days ago they required the prin-
cipal viewer at Helton colliery to be discharged,
otherwise they would not be bound. On Tues-
day or Wednesday last six of these men were
committed to Durham gaol for ill-treating another
pitman. This day (Saturday, March 31), a
considerable sensation has been produced here
by the report that thirteen more of the Hettoh
men who were taken into custody last night,
for assaulting some two or three pitmen
who had left the Union, were forcibly rescued
by a large body of the colliers. The
magistrates of the county of Durham have
just sent to Newcastle .for the assistance of

the military, and a troop of horse has been de-
spatched to aid the civil power. It is hoped
matters may be peaceably settled without further
disturbances, but the aspect of affairs is at-pre-
sent rather gloomy.

THE MARKETS.-(THIS DAY.)

CORN EXCLIANGE.

In the past week the arrivals of most kinds of grain were
tolerably good, and the market was very dull for the sale of
nearly every article. This morning the fresh supplies are mo-
derate. The who:esale trade retains its late dullness, except for
very fine parcels, which sell readily at an improvement in prices.
Barley remains in the same dull state as lately reported. Beans
are heavy in sale and, rather cheaper. Pease meet little
inquiry, and remain as last quoted. For Oats the demand is
not free; and unless for good parcels, this article may be re-
ported is. per quarter lower. The supply of flour is good, and
the trade heavy at last quotations.

PRICES ON BOARD OF SHIP.

Wheat, Red (old) —s. —s.
—White (old) —s. —S.
—Red 1.831) 483. 545.
Fine 555. 585.
Superfine 623. 645.
--White (1831) 48s. 565.
Fine s7s. 645.
Superfine 6Bs. 725.
Foreign free 565. 765.
345. 385
245. 303.
, 32s. 345.
New 345. 383.
, Ms 58s.
60s. 645.

Rye.
Barley

Fine

- Superfine
Malt
- Fine New
Pease, Grey Nev
- Maple 1%4
-- White
- Boilers

v 325. 345.
35,. 375.
325. 345.
345. 38s.

Beans, Small (new) —s. —5.
(old) --s. s.
Tick (new) 33s 306
(old) ....40s. 41,25:
-- Harrow (new) 36,. 3,35.
(old).. 40s. 445.
17s. 21s.
—B,
—s. 235.
19s. —s.
- ...w ...21.5. 255.
-- Scotch 265. 275.
Irish, 185 225. 245..

Brank
Oats, Feed
__ _ New

- Poland
New.,
- Potatoe

•
Flour Town (per sack) 55s 60s.
- Seconds 50s. 55A.
- North Country 445. 48s.
Bran

ARRIVALS OF GRAIN IN LONDON DURING LAST WEEK.
, to e, o CO ;le ki
•,.: • _ .. 2, r„, 6
-•
- ti
From Whence. FS ~, .: 3. v. '
. IT,
i-l• `''' r.
----
Ors. Qrr. Qrs. Qrs. Qrs. Qrs. Scks.
Aldborongt) 278 1182 9:3 5 13-5
Bridlington
Boston
~ Colchester 345 173 1214 150 7 3110.1,7; Harwich
1-1 Leigh 30.1 109 228 72
'44 Maidoli 579 218 100 33 3`34 256 481
Exeter — 21 200
Gairishorough — 138
Hull lOO 340 , I
Ipswich l4 175 2184 229 466
Kent 465 447 400 153 167 13 713
1 pin — 388
Plymouth lB3 120 120 198
I oole
Portsmouth — 280
Spahiing
South.nriptoh
Southwc4d — 021
-:tocktori — 30 290
Wells
Wi,boach 159 199 _
Woodbridge 145 740 t 20 120
Yarmouth 45 2202 1655 330 7 1717
Aberd Tr) 2r 525 3
Anstruther 427 28 _
Banff 5,3 45 1770 _
B rwick
un- lee
1 verness 2491 I 102
Leith
Montrose —2 f 185
--- ---- --;-
7,-.23 6220 9009 5967 1459 358 5772
I nisi,.
'lel fast
Cork — 1352 377
Dublin
Limerick — 868
Sligo — _ 1410
Wateribril
"kroughall 4B 930
FOREIGN.
Copenhagen 770
Dantzic
New York Bll
Odessa 9',419
Pillau
NA, ismar 560 700
————
Tot 0

AGGREGATE
'ye, 30--Tare:

QUA N'
47!
NI us

ITITY 0
Linseed
,Card,

903•)
F OTH
t, P-11

1110J3
Kit K 1

1450
N 1)S O

686
PULS]

2655

C, 0-..