The Sun.
London, England, 1826-11-11 00:00:00

UNIVERSITY OF CAMBRIDGE.

We have been given to understand from a private quar-
ter, that the remarks of the Morning Herald, on the
state of discipline in the University of Cambridge,
have excited a considerable sensation there. The eyes
of many of the heads of the University have been
opened to the criminal inactivity they have hitherto
been guilty of. So much so, that if our intelligence
can be relied on, a meeting of the Senate was called
as soon as the paper was received, and a discussion
arose, which terminated it the proposal of a new
statute for the reformation of the University, and the
suppression of profligacy. From the same source we
have fortunately obtained a few extracts from this en-
actment, which we will without comment hy 'before
our readers :

In nontine Viee-eaueellarii et Senatus, &e. Ike.—Statutum est.
" Whensoever there shall be holden a meeting at
Newmarket, public notice thereof shall be given in
writing, and posted up in the Chapel and Hall of each
College hi this University. Anti, during the time of
the continuance of such meeting, every person in statu
pupillari, shall appear every day in Chapel and Hall,
at the accustomed hours. No one shall on any ac-
count absent himself through illness, or for any cause
whatsoever. Nor in the intervening hours of the day
or night, shall any one presume to ride or drive any
horse capable (in the opinion of good and competent
judges, to be named by the Vice-Chancellor and
Senate) of going more than three miles per hour, lest
he should contrive to go to Newmarket and back
within the time aforesaid ; all this under pain of rusti-
cation or' expulsion, according-to circumstances.
" It is further enacted, that duringlhe time of the
meetings aforesaid, the Proctors of the University shall
daily be upon the
course well mounted, and attended
by a convenient number of their officers, to the end that
they may seize and take into custody all such members
of the University as may have devised means of get-
ting there ; and to the end, that the said academical
persons may be the better distinguished and taken, it
is enacted, that if they go
they shall not presume to
do so, except in their respective academical habits ;---
also that the
rooms, taverns, hells,
nd searching in all club-houses or
said University officers shall have free
right of entry a
gambler, or blacklegs,
ever names they may be called ; and that no sharper,
and all other places, by whatso-
ever
or any other such person or
persons, keeping or 4shinging to any such places of
resort, shall hinder or impedediem in the execution
of their duty. And every person in stain pupillari
found on the course, or in any such places, shall, for
the first offence, lose his term ; for the second, be
rusticated ; and for the third, expelled. Every person
resisting the University officer shall be indicted for
high treason.
" Furthermore, it is enacted, that all Heads of Col-
leges sii4 Ttltors in the same, do immediately upon the
promulgation hereof, summon all their respective
pupils before them in the Chapels of their said Col-
leges, and then and there instantly suppress and eradi-
catein them all bad anti irregular propensities. After
which the said tutors shall call for and examine the
accounts of their eio pupils, which they shall real'.

[it :: un,

LONDON,
SATURDAY EVENING, NOV. 11, 1826.

We understand that it is His MAJESTY'S intention
:o open the new Parliament in person. •

We received last night the Paris Papers of Wed-
nesday, and the Etoile of Thursday morning. Their
contents are neither important nor interesting. The
Funds have advanced, but not to the extent reported
in the City yesterday, the rise in the 5 per cents. being
from 99f. 45c. to 99f. 75c., and in the 9 per cents.
from 69f. 80c. to 70f. 85c.

At the ceremony of the betrothment of DON MI-
GUEL, the young Queen of PORTUGAL was repre-
sented by the Ambassador Extraordinary of that King-
dom to the Court of Vienna. This, to our ideas, was
monstrous, and must have rendered the ceremony as
disgusting as the intended marriage itself of the uncle
and niece will be in violation of the Divine Law. But
every transaction in which DON MIGUEL is concerned
is associated with something which is at variance with

good taste and propriety.
Mention is made in these Papers that news had
been received at Bayonne of the insurgents in the
Algarves having been dispersed. The inhabitants, it
is said, refused to take any part in the'iAurreetion,
and welcomed with the greatest joy the troops which
accompanied the Minister of War. We subjoin a few
extracts :

(From the Mails, dated Thursday.)
PAtus, Nov. B.—ln the betrothment ofibe Infant Don
Miguel and the Infanta Donna-Melia, which took place on
the 29th October, at six o'clock in the evening, her Ma-
jesty Queen Maria was represented, in virtue of special
powers for that purpose, by the Baron of Villa Semi,
Ambassador Extraordinary, and Minister Plenipotentiary
of Portugal, at the Court of Vienna. The deed of the
espousals was signed by their Imperial and Royal High-
nesses the Hereditary Prince Francis Charles, and the
Archdukes Charles and Joseph, Prince Metternich, and
the Viscount Rezendi, AmbAssador Extraordinary, and
Minister Plenipotentiary of the Emperor of Brazil, at the
Imperial Court.
Prince de Trauttmansdorff, first Grand Master of the
present. at
Court, Count de Czerrnin, Grand Chamberlain, and the
Portu nese Royal Secretary
The place of g
the Chevalier de Camara, Secretaryof
tShiegneeroreOmsotnityli., Internuncio of the Pope, were
Legation to the
Royal Portugaese Embassy, and the proce: verbal was
drawn up byllaron de Wacker), present:Councillor of his
Imperial and Royal Majesty.
yesterday, instead o announcing an entire and plenary
amnesty panted by the Resent to all the Portuguese who
was substituted the word subaltern
Spain, whether officers or soldiers,
of officer, which error very much
I(hival sought
e.
er ri
eoror fiit refuge
hien sptreeai
diminished the importance of the news.
We ban just received from Bayonne, of date the 3d

instant, by despatch, some news from Portugal, which Insy
be looked upon as official.
The Portuguese Minister of War having proceeded to
Algarves, on account of the last insurrection, the insurgents
immediately dispersed, and a great number of them re-
turned to their duty. It is calculated that about 900 men
have deserted to Spain; but they have been disarmed
there, and separated front their officers. The inhabitants
have refused to take any part in the insurrection, and
weleomed with the greatest joy the troops which accompa-
nied the Minister.
The greatest tranquillity reigns everywhere, and no
further troubles are anticipated. We have learned that
the Infant Don Miguel has taken the oath to the Consti-
tution.
One of our Journals of this day announces, as a piece
of news, that Don Miguel claims the Regency, as it no-
body knew that the Regency must belong to the husband
of the daughter of Don Pedro.
The Baron de Retours, Governor of Guadaloupe, ha*
been named by his Majesty, a_ Commander of the Legion
of honour.

(From the Journal des Debate of Wednesday.)
Ills Majesty, on the 22d September I last, presented
gift of 50,000 florins to the Institution for the Blind,
i"
order to make provision for gratuitous admissions.
PARIS, Nov. 7.—The King has conferred the Cross of
the Legion of Honour upon C. Augustus de St. flilaire
Correspondent of the Royal Academy of Sciences, alla
author of the Flora Braziliensit, well known from his long
and hazardous travels in the New World, and by a number
of important works which have placed him in the frit
rank among the botanists of the age.
bre
per
Fitablen FUNDS.—Five per Cents., 99f. ,s°' ; 77t
•
'Cents., '7Ol. 86c. ; Bank Actions, 2060 ; Bootee de Naples, .
60c. ; Spanish Loan, 491.

We receivedof the 4th inst. ; it gives frem the Oriental
•
this morning the .Allgerneine Zeitung
a melancholy, and we fear, a true account of the dis-
tressed situation of those who visited Greece with
more than patriotic ardour, but now unable, from
poverty, to return to their own country. The vintage
lapitelhldli ei :eels, :e
on the Rhine has been unexpectedly productive
The Oriental Spectator, of 29th September, contains the
" The sights which daily meet our eyes,
following observations on the melancholy of the 'Phil-
fate
n—es returning from Greece in the utmoStisatirs4
misery, excite very serious reflections. The number
of those who resort to unhappy Greece continue Greekiclease, and we consider it as our duty to tell the
Committees the truth. The fanaticism of this new nett,
sade may have its source in generous feelings, but poetical
recollections are doubtful guides in positive and practial
affairs. Partial aid does but protect the unequal contest,
makes the conquerors implacable, and prepares unspeakabl°
misery for the conquered; but the Plflh I i e lenes are not
able to offer decisive assistance.
" The Committees, instead of making the 1.1. '. t'
public, equals
ed with the true situation of the Greeks, have '• t"
particle
and propagated the common error. With'
the Committee'
came the voluntary gifts, and the increase of emigre
Greece, in which even men of the first classes have join'.
But what has become of these men and of the moll ~
Most of them have perished in the field of battle, or °fa* '
ease, or want. Some plundered and abandoned to miserl'
after having in vain contended against the Greeks there:
some neighbouring port, there to implore, as
selves, who repelled them from thence, are able to resat --
notely, the
the means of returning to their own country. As for tube
urocortlato,
money, it has only increased the treasures of Ma
Conduriotti, Zainio, &c., which are now embarked and
broughtg to a place of safety.
. os' In
_Greece not a trace of these gifts is to lac 5f407,17..
11.... pita', no magazine, no fortress ins PrO4ri)tBi‘-t cle
f-ince, no bridges, no military roads; not even to first
It
ments of-any
administration;. in
_A
.word, no institute)
which corresponds with the efforts of the Connit.tele,ort
May,they become at length sensible of the truth, anda, hi.
increase their moral responsibility by prolonging the uu
sion of their donors." 30.
aIAYENCII, OCT. ho
The Vintage is almost ended on the Rhine, el'd
tett "
been much more productive e than Wit,-c tiseks,
than has been the case for several ypu boo
indeed have not been wanting, but the wine grower'
been destitute of means to procure them, notwithsternt.
the government had offered them credit to a hire!! ~,,,,t
the cask, 4 last layr,
In some places, seat llooMersheim, for want of ceettarold-o.
of the wine must have been spoiled in the vats. At f_, orsi
sold, both there and at other places,
heim they let the wine of 1823 run out of the casks,
filled them with the new wine. Now as the new 1•1'5110 0,
from .40 t° of
1823 was last leer, the productiveness of the la"noitt;•,
and consequently is cheeper
is in these places, to be considered as a real ctel once
To, such a state are we reduced in et'n!'`..le,,,ert
of the absurd measures adopted in Germany with id here
to trade'and commerce ! A report has been
ate'spreS will
that Nassau will join Prussia, so that the two once
have only one line of Custom-houses. Tita c°lll'dutistiolla
of this judicious measure would be, that the pr.° I lost
of Nassau, especially its wines, would probably 13704,hi5e '
70 or 80 per cent., and the manufactures of the
than the wine
~.100
provinces would have a more extensive mallet.
----.----=------'
e also been
Frankfort Papers of the 4th inst. nave -
by the
received. 'They contain a Royal Ordinance
bighlY ho'
e
King of BAVARIA respecting ducation,
nourable to that liberal Prince ,--- 11, "I ~' • 30.
• te f
161"14 '
he ci bei'd, V
A Royal Ordinance has just been publo
which the following is the preamble:'":,. f 1510,016,14e'
" We, Louis, by the grace of God, Ntng `) in, 01 int
desiring to facilitate to all our subjects the me.,
0, oisl
proving their intellectual faculties and their religious hove
moral sentiments, and to relieve the unfortunate, Tionte.
thought fit to establish in our town of Freyeistel.li .j, 04
of the Igo
food
tions for' the education and instruction
we shall shortly make known the partiellia",:‘, osigitea
gratuitous places in this establishment, vas "a' e
on our Cabinet treasury a sum of 50,000 florins. 1,
,A) r4I)V• i
swyrzeut,A.,-,,,ie ja e- '
A conference respecting the Bishoprick of -1191' • affsic
1 Ja Tin '
petted to take place at Lucerne next moat). , tetllll'
Is said to be nearly concluded, and it is wished towel°,
nate it while Monsig. Gheizzie, the'. present toted fur the
is in the country. Solothern is giallo be iotsitcle'
future See.
-------- of
—__ 24th
lse It in
The Journal de St. Petersbu of trgli erelY
I
October has reached us this farenoon- 3
states that trade was very active at that *dne..a eao
of the year : „ 0 gr `23,,,A'
ST. PETERSHURth.• -C is .
Trade is still very active here notwithstandinf tooth
vanced season. From the 11th to the 18th a thisio of
inclusive, 53 ships have entered the port of Cecle!oolers
which 24are in ballast ; and notwithstandingthis tzser hey
are still so considerable that there is reason t° co.
may not all be executed before the navigation el." the Pat
In the month of August, 161 vessels arrived an, old
of Riga, and 138 sailed. The value of goods unr,Por the
in the same period was full 1,213,848 rubles sh°
imports-3,700,926. e
~, fro"
(The Journal de St. Peter:burgh contain* IL° 0 "
:he army.)

In justice to all tile parties whose conduct in re.
spect to their connectio►n with the Greek V*lll
has been called in question, we continue to Pull'

lish the letters Which appelir from any of them
in explanation or vindication of their proceed-
ings. Acting upon this principle, we have given
in another column a statement which has been put
forth by Messrs. RICA Roo, but being ourselve's sick
of the subject, and supposing that our Readers may
also be heartily tired of it, we shall not trouble 'them
with any further observations, leaving them to form
their own conclusions if they can wade through the in-
terminable correspondence which the recent exposures
have given rise to. And so " ends this wondrous tale."

The observation that " there's one law for the
rich, and another for the poor," has been explained
with as much simplicity as justice by the countryman,
who said " the rich have the law in their own hands,
but the poor have no law at all." Now, if any one
doubts die truth of this definition, we can only refer
him to Mr. BENNETT,' the worthy Magistrate of
Worship-street Police-office, who in a case Of _g‘reat
hardship and oppression, told a poor complainant
that " if she had been a rich person, lie would have
advised her to bring an action against her oppressor
for assault and false imprisonment, but he would not
give that advice to, a poor person." Excellent Ma-
gistrate !--and most considerate expounder of the
numberless blessings of the English laws, which
affect to hold out equal protection to all those
Placed within the pale of their happy influence !
I3ut here is an unlucky exception to their being the
best bulwark of the liberty of the subject, for the Ma-
gistrate assures us that money is the only safeguard ;
and the greatest misfortune of the poor is to want that
blessing. Without money they can get no law, and
without law they are denied justice. What can be a
keener sarcasm upon the impartiality of our laws than
this avowal of a Magistrate appointed to administer
them ? A poor woman had been barbarously treated
by an inspector of hawkers' licences, who refused a
bribe often shillings, but accept4d a sovereign, for let-
ting her at liberty ; and when the illegality of his con-
dtlet WaS brouglit before the Magistrate,the only satisfac-
tion the complainant could get was, thatif she had been
rich she could buy justice, but as she was poor she
must lament her poverty in addition to her wrongs.—
Thi. was surely a bitter pill—rendered more bitter by
the consciousness of her forlorn condition. But how
is it. that Magistrates have the power to visit the public
by fine and committal, and are curbed in punishing
theii own officers for the most disgraceful neglect
alduty, or the most glaring misconduct in outrag-
ing public liberty by numberless vexatious acts ?
It cannot surely be that Magistrates are restrained by
ally feelings of delicacy. towards these law-breakers—
or that a fellow feeling makes them wondrous kind to
these worthies of the same establishment. We know
that there is an esprit du corps in every class of society,
but nothing of that sort ought to exist among they
abaininistrators of the laws, whose maxim should
.e—iiilpartiality, and their aim—justice. But
the fault here applied to the law itself—not to
those who administer it, and if the law be im-
perfect, why not improve it ? Every day's experi-
ence shows the folly of seeking redress against watch-
constables, or police-officers. If any ene man
Plains against another for an assault, the Magis-
trate gives him satisfaction, by ordering the offender
t,
filld bail—but if he brings a charge against an
°le", he buffetted about from one Magistrate to the
;Yet, for they cannot bear complaints against a faith-
Public servant—a brother chip of the establishment
and the very best among them,--for the good fellow,
h" departed worth, never gets his due praise till he
a 8 committed some grievous crime, and then his
v; .ttuous brethren cannot be too eloquent on his virtues,
humanity, and exemplary behaviour. The magi-
str ate, as in duty bound, believes their report, and
;
`niiired officer, laughs in his sleeve at the
Pardo liable credulity of his worship. The complainant
'4 dismissed with an intimation, that if lie does not
i'eel satisfied, lie may indict the party at the Ses-
mts, where the same Magistrates will probably meet
ii, 'rn again ! What can be more cruel than this harrassing
xo ',lie to justice—every avenue to which, is barred
against the poor ? It is adding mockery to insult,
chatell people to go and lose their,time in preferring
owirges against those who have the power m their
hands. But so it is—and so it will re-
n._ till honesty preside in Police Offices, and
,orr ~
justiiption be banished from among the officers of
opeet If the Legislature would have the laws re-
spected,,,ec, they must frame them for the benefit of the
Nib
nc--not for displaying the caprice of Magistrates.

_ri the Foreign Exchange business yesterday,
there
WaN generally more money than bills, and on Vienna
scarcely any were to be obtained ; 80 that most of the
quotations were somewhat lower than on Tuesday.—
The excess of
si • t from that
unemployed capital here, however, leaves
no ground for any appreheu
. oli at present
cause.

The silk manufacturers at Lyons recently held a
meeting, at which it was resolved, that a fund should
be formed for lending to the work
men money upon
Ofects,,without interest, as at the Monte de Piete the
interest is at the rate of about 16 per cent. per annum.
The postillions of a diligence from Bordeaux to
Toulouse have just been fined 3,000 f. and costs, for
having run over a man in consequence of driving too
fut. The proprietors of the diligence are rendered
table for the amount.

The appointment of a British nobleman as Minister
to Mexico seems to gain belief, and the rumours of
Yeaterday assigned that post to the Earl. of Orford
(lately Secretary of Embassy and Minister Plenipo-
tialy at the Court of St. Petersburgh), with a
salary of 6,0001. per annum. That nobleman is not,
It le said, to bear the highest diplomatic rank, which
Would entitle him on retiring, to the full salary, but is
tent out by the Cabinet (who think the country already
enfficiently charged with burdens of that nature.).with
the rank of Minister Plenipotentiary. This, at least,
s the account we have heard in a quarter usually pos-
l'.B4ing good information. The fall of Mexican stock,
which took place as soon as that appointment obtained
more general belief, is a proof of the correctness of
we remarked yesterday, that in itself it adds
nothing to the value of the bonds.

THE FUNDS.

CITY, Twelve o' Cluck.

At the close of the market yesterday 3 per Cent. Consols were
quoted at 821, sellers, for account, and opened this morning at
the same rate; although few transactions have taken place, they
are now at 82/ ; the general impression seems to he, that a
further advance may reasonably be expected, from the great plenty
of money in the City, and the favourable accounts received of the
price of the French Funds. In the Foreign Funds there is little
novelty, Mexican and Colombian Bonds have had little or no altera-
tion since yesterday, the former are quoted at 65i 6, the latter at
39, sellers. Shares are quite neglected.
India 4 per Cent. Bonds, 38 40 pm, ; Exchequer Bills, 20 1 pm.
Foxitiax FUNDS.—Brazilian, 6415; Buenos Ayres, 63 4;
Clailian, 37 8 ; Peruvian, 30 1 ; blanish; 60 1 ; Colombian,
.1824, Stil 91 ; Mexican 5 per Cent., 55 6.; Ditto 6 per Cent.,
651 ; Greek, 14 1; Russian, sq 6; Portuguese, .76 1;
Spanish,ll 1.
Mtsaii;—Anglo Mexican, 40 371 die. ; United Mexican, 131
13 die. ; Pasco Peruvian, 1 2 per Share; Colombian, 81 91
per Share ; Real del Monte, 50 pm. ; Tlalpuxahua, 40 45 pm. ;
Brazilian, 12 13 pm. ; Bolivar, par, 2 pm. ; Castello, 3 21 die.

Two o' Clock.

There has been no alteration in the price of Consols, and they
continue at 821 for Account ; 4 per Cents. 1826, 96} 7 ; India
Stock 247; ditto Bonds, SS 40; and Exchequer Bills, 21 22 pm. ;
in Mexican and Colombian Bonds there have been no new features,
and prices continue the same ; Greek is rather higher, and quoted
at 141. Shares are scarcely enquired for ; Real del Monte are
quoted at 55 premium; Mexican Mines, 11 die. ; and Castellos
at 2k dis., but every thing is flat, and scarcely any business doing.
FOUR o'CLOCK—CLOSING PRICES.
Consols 82f Danish Bonds 64
Do. for Ac. 822 Greek Do. 1825 16f
Brazilian Bomb Mexican Do. 1825, 662
Buenos Ayres Do. Peruvian Do.
Milan Do. Russian Do.

Columbian, 1824, 38i I Spanish Do. 11f

SHIPPING INTELLIGENCE.

LLOYD'S—(This DAT.)

DEAr, Nov. 10.—Wind W. by S.—The Homeward Bound,
sailed for the River; passed the" St. George, Ader, from Quebec;
and the Earl of Egrernont, Johnson, from the Cape. Remain from
London—Fox, White, front Malta ; Venus, —; Bruce, Sim,
from St. Lucia; and Augustus Caesar, Selby, from Jamaica.
PORTSMOUTH, Nov. 10.—Wind S.—Arrived the Briton,
For;iter, from London ; Jamaica and Alliance, Storm, from Fin-
land. Sailed the Friendship, Bayley, for London.
FALMOUTH, Nov. 9.—Wind N.E.N. to E.N.E.—Arrived the
Success, Boase, from London.
HARWICH, Nov. 10.—Arrived the °liana, from London, to
Newcastle, very leaky and much damaged, having been run foul of
whilst at anchor in Holersly Bay yesterday, about S p.m. by the
Lord Melville Brown, from Leith.

GaavzseND, Nov. 10.—Arrived the Harold, Clifford ; Bre-
min, Young ; Fallowdown, Mold, from Charleston ; Brother and
Manning, Lewin, from St. Petersburgh ; Elizabeth, Moritz, from
Stettin; Cortou, —, from Dantziot; Naiad, Loenlold, from
Pillau ; Bowrina, Dekker, from Groningen; Maria, Lunn, from
Walgarsch ; William Penn, Watson, from Archangel; Young
George, Dalman, from Lubec ; and Superb, —, from Ant-
werp. Sailed the Cowes, Higgins, for Genoa ; Rhine, Hart, for
Rotterdam; Augustus User, Selby, for Jamaica ° • Justine,
Young, for Grenada; Earl of Mar, Hatton, for Teneriffe ;
Sylph, Mason, for Trieste ; Georgina, Ewerlong, for Stetin ; and
Rebecca, Rosser, for Bremen.

Great anxiety is felt at Lloyds for the safety of several vessels
which are known to have sailed in August, from the West Indies,
and are supposed to have encountered the dreadful hurricane ex-
perienced on the 6th, 25th, and 26th of September last. From
40 to 60 per cent. has been given to insure some of them. The
underneath are the names and dates of sailing of several for which,
more particularly, serious fears are entertained, viz. :
The Trelawney, Captain Crawford, sailed 10th Aug. ; the
Phillip, Freeman, sailed the 15th Aug., from Jamaica. The
Larkins, Cleghorn, sailed from Havanna 26th Aug. ; the Sir
Charles M'Carthy, Marr, sailed from Mevis 4th Sept. ; and the
Mary, Finnez, sailed from Saint Domingo 22d Aug. ; all bound
to London.

LAW INTELLIGENCE.

COURT OF CHANCERY.—(Tuts DAY.)
MACKERBATT V. TOWELL.

His LORDSHIP stated, that the appeal had been brought in this
cue principally on the ground that under the circumstances of
this case, interest had been ordered to be charged against the
estate of a deceased assignee, at the rate of 20 per cent. ; and the
question was, whether the appeal which complained of that order
was or was not well founded. The case was reported, with the
judgment that had been delivered, in the Ist vol. of Buck's publi-
cations in bankruptcy. The case was to this effect:—Upon the
29d of September, 1799, a commission of bankruptcy issued
against two persons who had carried on a trade together. On the
24th they were duly declared bankrupts ; whose estate was then
provisionally assigned over to certain persons ; upon the 24th of
October following several persons were chosen assignees ; among
whom was Richard Baldwyn, whose estate was now charged.—
The plaintiffs were the Commissioners, and who bad been repre-
sented on the record as creditors of Mr. B.'s estate ; the defendants
were persons interested in Mr. B.'s estate. The assignment was
made by the commissioners to the assignee, who entered into the usual
covenant to the commissioners, and upon which it WAS contend-
ed that the creditors were to be considered as specialty creditors
upon the estate of the deceased Mr. 8., quoitti the amount of
money stated to have come into his bands, but the decree made
this distinction between the principal and the 20 per cent. inte-
rest, that they were to be considered simple contract creditors in
respect of the latter. Several large sums of money came into the
hands of the assignees from the bankrupts' estate, sod were paid by
them into the Bank of England ; 1,9001. and a fraction remained
in the hands of Mr. B. at his death, respecting which the com-
missioners had made an order directing aliquot parts to be
paid to various creditors respectively. The Acts of Par-
liament contemplated the cases of assignees becoming anti
not becoming bankrupts, but they had taken no notice of the
cue of a decease. Some of the sections charged an assignee with
20 per cent. upon the money detained by them, due to the creditors
after the declaration of a dividend ; but this did not extend to the
case, where the CoMinissioners had ordered aliquot parts to be
paid to creditors. If such aliquot parts were not paid, the
assignee was liable to damages, by a petition to this Court, in the
nature of an action for money had and received for those creditors
respectively, and could only be charged at the rate of 5 per cent.
It would be too hard to hold, after the Commissioners had given
this right to creditors, and the creditors chose to let the
money remain in the hands of the assignee for years,
which they could have instantly called for, that they should
be reinvested with their original right of enforcing 20 per
cent. Under these circumstances his Lordship reversed the
Vice Chancellor's order, directing 20 per cent. to be charged,
and ordering that 5 per cent. only should be paid by the deceased
assignees' estate.