The Sun.
London, England, 1828-11-08 00:00:00

NAVAL INTELLIGENCE.

PLYMOUTH, Nov. 7.—The Warspite, 74, was
paid off on Friday, and was re-commissioned on Sktur.
day, by Capt. Wm. Parker, C.B. who is re-appointed
to her.

?ilr. Jaa. Foy, Surgeon, late of the Boadicea end
Tem, is dso re-appointed to the Warspite. ,
In Hatuonze—Britannia, Warspite, Trincnio, Dis-
patch, Spey, Cygnet, and Asp.
In the Sound—Herald, Nightingale, and Antelope.
Capt. Kellow, of the Royal Marines, with 45
privates, two sergeants, two corporals, and one
drummer, embarked on board the Warspite, on
Saturday. •

Commander W. B. Bowyer, 1823, is appointed to
the Dispatch 18, re-commissioned at this port, for
channel service.

Commander J. E. Griffith Colpoysi is appointed
to the Cruizer, at Chatham.--Lieut. Davidsen, R.M.
to the Victory; John Mitchell, R.M. to the
Briton.

Messrs. Atcherley and Clapperton are appointed
Secondo vice T
Lieoult:ymalintits
Nelson promoted.
proait noted Marinas
. 6f
this divi-
J. A. Phillips, to be Adjutant of the Wool-
wich Division of Royal Marines, vice SalLitou.
His Majesty's ship Rifleman, arrived at Malta,
from Smyrna, 18th Sept.—The Sparrowhawk ar-
rived at the Mauritius, from Johanna, 19th July.
The Kingfisher, from Falmouth, has arrived at Malta.
The Badger has arrived at Terceira, and sailed the
9tli of October for Pupil.

CHANCERY COURT.-Sir ANTHONY HART
sat on Monday, for the first time since the last vacation.
Lord MANN-a:as never commenced business until the first
,‘ sittings' Clay of term. NAwithotaspling the great assi-
duity with which Sir ANTHYNY applied himself to the dis-
charge of his duties in the spring and summer, there are,
We understand,tighty (=cocain arrear.—Dablin Freeman's
Journ tl.

Such is the musical enthusiasm of the Italians,
(luring the thurt revolution at Naples, in 1820, a Neapoli-
tan was bend to declare that, if the Government intruded
the new Constitution should bee-untlerstood or accepted by
the people, they bkOtad fiat have it Set to patois by R9Vairi•

Mr. C. F. WlLt.rtms snored for a rule Naito set
aside the verdict obtained by the defendant, and enter
a nonsuit-,. or for a new trial. The action, which
'was tried at the hat Assizes for Devon, before Mr.
Justice Park, was brought by the assignees of a
bankrupt, to recover a sum of money.—Rule
for a new trial granted.

SPARROW AND ANOTHER W. CHISMAN.
Mr. Sergeant SPANKIti moved for a.rule Nisi to
set aside a verdict obtained by the plaintiffs ( bankers
in Essex), and enter a verdict for the defendant.
The action which was tried before Mr. Baron Gill.
row at the last Assizes for Essex, was upon two bilk
of exchange of 1,500/. each, drawn, by one of the
plaintiffs.--Rule Nisi granted.
,_.

CATI, Z. V. comktAx.

,
- Mr. BRoDRRICIC stated that this was an action on
the warranty of a horse, tried before Mr. Baron
Garrow at the het assizes at Hertford, when a ver-
dict was returned.for the plaintiff, Mr. Otway Cave.
The declaration stated that the plaintiff had- agreed
to purchase the horse " fur a large sum of money—
to wit, 105/4" and that the defendant had war-
ranted it to be perfectly quiet and free from vice.
By the evidence given on the trial, it appeared that
the plaintiff had purchased the horse for 100 guineas,
and that he was to give 10 guineas more " if he
liked the horse." This, the Learned Counsel con-
tended, was a variance whioh would prevent the
plaintiff from maintaining the action, and he now
moved for a rule nisi to set aside the verdiet, and
enter a nonsuit.--Rule refused.

PRIMPS V.

Mr. Merinos'. stated, that this was an action of
trover to recover the value of some tame pheasants
which the defendant had sold to the plaintiff. At
the trial at the last assizes the plaintiff was nousuited,
on the ground, that as the sale of pheasants was
prohibited by Act of Parliament, the plaintiff had
no property in those for which the action was
brought. The Learned Counsel now "sUbmitted,
that the plaintiff ought not to have been nonsuited.
—Rule refused.

COURT OF COMMON PLILS.S, Net. 7.
JIIRADDOCY V. LITT AND OTHERS.

This was an action upon a policy of insurance to
recover 2,0001., the amount of a policy effected in
the Protector Fire-insurance office, upon certain goods
consisting of silk in its different stages of manufacture.
The CoMMoN SERJEANT stated that the plaintiff
was a silk-throwster ut Congleton, Chester, and that
the defendants represented the Protector Fire-in-
surance office, against n hich the plaintiff had brought
his action to recover the amount of a policy he had
effected in that office, as compensation for a loss he
had sustained by fire. The pulley was effected by
the plaintiff's London agent, in February, 1827, and
the fire took place in July following, when he should
prove that silk goods to the value of the amount
claimed were destroyed. As the defendants had
placed thirteen pleas upon the record, it was impos-
sible for him to foresee what the real defense would
be. He lvtd heerd that an attempt was to be made
to prove that the plaintiff had been guilty of arson ;
but if such an attempt really were made, be should
have no difficulty iu calling witnesses who would
effectually refute the charge.
Evidence was accordingly adduced, bat being
considered in some respects incomplete, the plaintiff'
was aonsuited.

The LORD CRIHIFJUSTICA immediately afterwards
proceeded to Westminster, and joined the ether
Judges, who yesterday commenced their sittiags in
Banco.

The Court was occupied in the disposal of motions
of no general interest until one o'clock, when the
LOAD CHIEF JUSTICH commenced the &st sittings
at nisi priva in this term.
The cases that came on were unimportant ; but
in the course of one of them, during the cross-exami-
nation of a witness, the Lord Chief Justice observed
a man mar the box making signs to the witness,
who lead stated him.elf to be a preacher at Apple-
ton, near Harrow. His Lordship immediately or-
dered the man, who had every appearance of being a
member of the witness's flock, to be brouglit into
the interior of the Court, and being informed by
the Jury that they had seen him making a commu-
nication to the witness, he reprimanded him in
severe terms, and then ordered him to be committed
to the Fleet. After be had remained in custody,
however, for some time, his Lordship, at the request
of the Counsel by whom the witness hid been
called, revoked this order, but at the same time
cautioned him never to be guilty of a similar offence
again.