The Sun.
London, England, 1827-07-25 00:00:00

toviticE

THE FUNDS-(THIS DAY).

line bat-
strength
he latter
r death.
and the
destiny.
e crimes
ige with
e of the

t hasten

in a. mass to rein' Astsae-the columns of our illustrious War-
riors. The mc.
ornent is arrived when it is necessary to
sacrifice "1:14 oral and our fortunes on the altar of our
duty to our co itztry.
Which of you will refuse to liberty
tha sacred 'a` Rifice which She requires?
Orientals You weic always the models of valour, as
you now ar ,e of obedience and respect for the laws. Join
your office
,r 4 11 a .st e n in arms to the field of glory, to shar
in the h°r furs of the valiant soldiers of the Republic.e The col'~{itr3,tlAraigh me, pardons the errors of those who
aband filed their arms, and again invites them to wash out
•
the guominy of . our slavery in the blood of our tyrants:
Te temple of liberty is open, but only
heroes enter it.
je Chief who 'now addresses yoti, is settinc, out at this
moment, to place himself at your head;,- and relying on
ynur valour ancl, patriotism, promises that you shall be the
first to salute 'the statue of liberty fame, meantime, will
prepare the 'fetes of victory, and the world will say
Orientals ! ;you deserve to belong to the • Republic which
has deliverer! you.

JOAQUIM WARES.

Camelot': April 17, 18.27.
MAY 18— -A letter communicated by the Baron de
Villa B ella, in a note of April 25th, from Monte Video,
annount:es 'that the Buenos Ayres Generals were exerting
themsel res; but without effect, to raise men for the army.
Alyea d,enr,ands men and horses, saying that the Imperial
army isi- assembling and preparing to march, and that he is
unable to oppose it, because the desertion among his troops
is so ; peat.,

Priivatmlettet s, received by the Packet from Rio de Ja-
neiro, of,the 19th May, represent -their confident expecta-
tions .t .hat peace would shortly be concluded, which is
confir, ned by the continuance of the Buenos Ayres Mini•
star, Garcia, at that capital, on his way to this country.
Bu'• mess was ,in a state of quiet. Produce was falling :
e?'..Ae 3 nulreas and 50 reas, sugar• 3 milreas. The ex-
Aartge on England 36 to 36k, being a little higher than
the last advices. No political intelligence comes by these
le'ttw-s• The advices from Pernambuco state that trade
,was brisk, and the exchange at 51d. per milrea. The
;coast near Bahia- continues to be infested with privateers
,-/Bier the Buenos Ayres flag, who harrassed their Coast-
ing trade in a most determined rummer.

Halifax Papers to 30th ult., and New Bruns-
wick to the 26th, have been received at the North
.and South American Coffee-house. . From the
.former we learn the Tea sale had taken place,
,and was numerously attended ; about 3,000
fbests and boxes were sold, none Of it came
anider the upset price, determined by the Com-
pany's Agents, and some of the cheaper sorts at
an advance of no less than 4d. per lb.
His Majesty's ship Alligator, Captain CAN-
NING, bad sailed for Quebec, having Colonel
COCKBURN and Lord VALENTIA as passen-
gers. Several arrivals from the Banks of New-
foundland, with full cargoes of fish, are an-
mouneed, which i:, stated to be unusually plenti-
ful; both French and American vessels are in
great numbers, prosecuting the cod-fishery.

- ----; -
From the river John, Pictou, a melancholy
picture of the ravages of the fires in that quarter
11... as been received, and numbers of the new set-
tlers have had their houses and their property
destroyed by the clevouritn, element, and are re•
duced to the utmost state of distress.
A Vice Admiralty Court assembled at Hali-
fax, for the trial of the Mate and three Seamen,
belonging to the Peggy, of St. John's, charged
-with having taken forcible possession of the ves-
sel, and with beating and ill-using the master ;
after a long trial, and the Jury remaining toge-
ther the whole of one night, they returned
a verdict of guilty against the mate, and acquitted
the three seamen. The Jury, however, recom-
mended him to mercy, The Chief Justice
passed the awful sentence, but assured the pri-
soner that the Jury's recommendation should be
- submitted to his MAJESTY.

HicAlajesty's packet brig Tyrian, has arrived with a
North American mail. She sailed from Bermuda on the
12th June, and from Halifax on the 2d instant.

CITY, TWELVE o' Czocr.
The English Funds remain in a perfect calm, and very
little business is transacting : the settling of the acount for
to-morrow is proceeding, and a general expectation seems
now to be entertained that it will go off much smoother
than was in the first instance expected ; another cause for
this favourable view is—the larger operators have declined
to enter into any new bargains till the account is adjusted,
for if this was not the case it might be of considerable im-
portance in the present situation of the market. Consols
opened at S7l a for the account, 861 -I for money, and
87i for next time, since which no alteration has taken
place, they having been 871 for account, alternately buyers
and sellers, and may now be quoted nearer 871 than if.
The Exchequer Bill market remains without variation,
at 56 7 ; and India Bonk 88 90 pm. In the Foreign
Funds, Mexican are 68i ; Colombian, 524 3 ; Bra-
zilian are 60, being a shade higher, the accounts from this
quarter, by the packet, wearing a more peaceable character,
and every expectation seems to tend to the hope of peace
being finally adjusted with the Buenos Ayrian Government,
as Mr. Garcia, the Minister to the Court of London, who
landed, on his way by the former packet, still remained at
Rio. The only novelty in the Share Market has been an
advance in Brazil Mines, and the good news received by the
packet has been such as to induce buyers to come in and pay
S per cent. pm. The production of gold ore, says report,
increases daily, from so many ounces per day to pounds; in
a short time, we suppose, hundred weights will be used in
the computation of its produce. It is reported the Direc-
tors promise a dividend of 10 per cent., in September, on
the capital paid.
Three per Cent. Consols, 86/, 4 ex. div. ; Ditto for
Account, 871 ; India Bonds, 88 90 pm. ; Exchequer Bills,
66 7 pm.
FoaxiGN.—Brazilian, 591 60 ; Buenos Ayres, 581 91,
ex. div.; Chilian, 30 1 ; Colombian, 1824, 32i- 3; Danish,
62i 3 ; Greek, 15 16 ; Mexican 5 per Cent., 551 61 ;
Ditto . 6 per Cent., 9i ; Peruvian, 26 8 ; Portuguese,
75 4-; Russian, 94 4 ; Spanish, 10.
Ainizs.--Auglo Mexican, 50 471 dis. ; Brazilian, 4 5
pm. ; Colombian, 9
'7O die. ; Tlaba per Share ; Real del Monte, 80
.--uza•die, 60 50 dis. ; United Mexican,
21 20 dis.

Consols for
nowtaccoun have Two o' CLOCK.
88, and are now
81 88. It is evidentlreaehed
joranrear account. A very
P
funds been effected by the
extensive purchase has this
trtnipnerty of a late
great City Capitalist,
eminent West India Merchant, Mahe
50,0080)/f in French
2.40,000/.
New Four per Cents., at 101, 1
Rentes.
The Foreign Funds are also looking up ; Me .
Brazilian, 60
privilege of Brazilian
gold 641 ; Colombian, 33 it ; Spanishuhcaavn,
retrograded to 91 10. It is now stated hat the Brasili e
per cent., and have 25,000/. readg
Alining have obtained the exclusive
gold upon a duty of 2
upon which they have effected insurance
to ship from Rio,
this day.

HALF-PAST TIVO.
Consols for Account, 871 8; Ditto for Au-
gust, 88k 1.
FOUR, o'CLOCK=CLOSING PRICES.
Consols 861 Danish Bonds 63
Do. for Ac. 88 Greek Do. 1825, 15
Brazilian Bonds Mexican Do. 1825 70
Buenos Ayres Do. Peruvian Do.
Chilian Do. Russian Do. 94i
Columbian, 1824, 33f Spanish Do. 81

Two sisters and a brother, the only survivors
ti a family of eleven, met at Edinburgh on Monday last.
~.__Their united ages are two hundred and eleven years.—
what is more singular, it is fifty-five years and three
,Tonths since they last met together. The sisters are 77,
and the brother 64 years.—Edinburgh Evening
`'oitrane.

LAW INTELLIGENCE..(TIIIS DAY.)

VICE-CHANCELLOR'S COURT.
INJUNCTION.
BAKER V. LEVI.

Mr. HoRNE applied for an injunction to restrain
the defendant, a silversmith residing in Exeter, from
proceeding in an action at law against the plaintiff,
who is a lunatic, for the recovery of the valueof certain
goods sold to him, and also for the recovery of the
sum of 2001. alleged to be lent by the defendant to the
plaintiff. The bill stated, among other things, that
Mr. Baker, the lunatic, went into the shop of the de-
fendant on the 16th of August last, and purchased
some articles of jewellery to the amount of 861. for
which he gave a cheque on his bankers. Mr.
Baker represented himself as a ,gentleman of
large fortune—said that be was about to purchase
an estate, declared that it was his intention to marry,
almost immediately, and to furnish his new house in
the most splendid and extravagant style. Between
the 16th and 19th of August orders to a large
amount were given .by,Mr. Baker, and given, as
it was contended, under circumstances that must
have convinced any man that he was not
in a sound state of mind, He had ordered
several expensive gold watches: for his son, who ac-
companied. him, and who was then only eighteen
years of age ; for his daughter he also purchased a
splendid collection of jewellery; he gave directions
that a large quantity of plate might be ,provided for
him, although, at the time he had no house, nor in-
deed any fixed residence. Among the costly
articles which the defendant was to furnish was
a gold mouse, studded with pearls and stated to
be a great curiosity worth 10.51., and also a brilliant
suit.of ornaments, valued at 2,0001. The entire of
the orders given by Mr. Baker, within the three
days, amounted to 4,8904, besides which he had
borrowed 600/. from the defendant, giving him at
the same time two cheques on his bankers; one of.
these for 400/. was on the Worcester bank, and on
li,eing presented was paid. The other was not
paid by the Exeter bank, on which it had been
drawn, the bankers having heard of the state of
Mr. Baker's mind. .On .the 19th of August
Mr. Baker became quite insane, and his son-in-law,
who resided at Cheltenham, being informed of his
situation, caused a commission de lunatico inquirendo
to be sued out, and under it the Jury had declared
Mr. Baker to have been incapable. of managing his
affairs since December, 1825. Mr. Horne argued at
considerable length, that even the circumstances as
disclosed in the defendant's answer were sufficient to
justify the Court in interfering. What could have
been a more decisive proof of insanity, than the
reckless extravagance with which this gentleman
grasped at every bauble presented to his notice ?
Without any previous acquaintancelvith the defendant
he had in an instant become on the most familiar
terms with him, bad asked him to his table, at.
which whost of other tradesmen were also seated—
had taken him to his stables to show his horses and
carriages,—and, as connected with this visit, the
Learned Gentleman stated that , Mr. Baker had
actually ordered from- Levi a gold embroidered
saddle-cloth, trimmed with lace : the very fact of
using such an article, well adapted as it was for an
Arabian chief or a Turkish Prince, would in this
country be evidence under a Commission of Lu-
nacy.

The VICE-CHANCELLOR intimated an opinion,
that a Jury was best qualiCed to determine the
question.

- Mr. HORNE said, that the Jury could only take
into its consideration the insulated contract upon
which the particular action had been brought. The
action which it was sought to restrain, was merely
for 500/., and upon the trial it would not be com-
petent for the Court of law to go beyond that single
transaction, in order to ascertain the nature of the
dealings between Mr. Baker and the defendant.
The Learned Gentleman was merely desirous
of having an issue directed by the Court, that
would be so shaped, as to let in the history of all
the transactions, and enable the jury to decide them
all by a single verdict.
Mr. SCGDEN, for the defendant, denied that any
fraud had been committed by his client, and said,
that the conduct of the plaintiff with respect to the
action at law, shewed his fear of the consequences
if the matter were brought fairly before a jury.
After a long discussion between Mr. HORNE and
Mr. RAY, for the plaintiff, and Mr. SUGDEN and Mr.
C►MPBELL for the defendant,
The VICE-CHANCELLOR said, that he admitted
the principle, that if the single action at law could
not decide the question, the Court ought, if possible,
to point out the form by which that object could be
attained. But the difficulty in this case was,
that no distinct act of fraud was charged against
the defendant so as to call on the Court to interfere
by Injunction. The impression on his Honor's
mind was, that he could not notice the circumstan-
ces as raising the inference of lunacy in any other
manner than a Jury could ; he therefore thought
that he could not grant the L►junction ; how-
ever he would allow Mr. Horne and Mr.
Ray to turn the matter over in their minds be-
tween this and to-morrow morning, in order that
they might consider what form of issue would em-
brace the whole history. In the mean time the de-
fendant might go on with any necessary proceedings,
with respect to the action which stands for trial at
Exeter on the 6th of .A ugust. His Honour wished
it to be understood, that as he had not yet heard the
defendant's Counsel, he could of course not think
the defendant as in any respect guilty of fraud.

COURT OF KING'S BENCH.
GROCOCK V. °COOPER AND OTHERS.

This was an action to recover compensation in
damages for trespass under the circumstances after
mentioned.

Mr. CAMPBELL (with whom was Mr. Busnv)
stated the case. The plaintiff is a respectable linen
draper at St. Ives, in Huntingdonshire, and the de-
fendants are Commissioners of Bankrupts at Nor-
wich; two of them, Mr. Cooper and Mr. Evans,
are gentlemen at the bar, and the other defendant,
Mr. Jaye, is an attorney. The Learned Counsel
was far from insinuating that all the defendants were
otherwise than very respectable, but he, on the
part of his client, had to complain of them for ex-
ceeding their power in the exercise of their func-
tions as Cominissieners of Bankrupt. In the month
of April, 1826, the ddtendants sat at Norwich on a
Commission of Bankrupt against two individuals,
named Silvey and Sanderson, who were bombazcen-
manufacturers there, and finding that the plaintiff,
who was then in London, was acquainted with the
affairs of the bankrupts, the defendants issued a
warrant illegally, in virtue of which, the plaintiff was
in a most irregular and illegal manner brought from
London to Norwich. In Nov. 1825, the bankrupts
fell into difficulties, and a commission of bankruptcy
was issued against them, but at the meeting of the
creditors, a composition was accepted, for an instal-
ment of which the plaintiff became bound, and sub-
sequently paid it. But the bankrupts having failed
to pay the first instalment, a second commission was
issued against them in March following, under
which the present action arose. Under these cir-
cumstances it was perfectly
_proper that the
plaintiff should be examined, and accordingly on Sa-
tUrday, the 15th April, when the defendants had
had a meeting on the subject, they issued a summons
against the plaintiff, who was then in London, to
appear before them on Tuesday following. OnSa-
turday evening Messrs. Parkinson and Staff, attor-
nies to the Commission, wrote to Messrs, Poole and
Greenfell, their agents in London, with instructions
to summon the plaintiff, and at five o'clock in the
evening of Monday, a clerk of Poole and Greenfell
served the plaintiff to appear before the defendants
time
at Norwich, at 10 o'clock
to the ;eiaxitntiff
fi morning,ve at the same
a mt
to
pay histendering
expellees. The plaintiff said he had
no objection whatever to be examined, but
he complained of the shortness of the
notice, and
that the sum tendered for expences
was toosmal
and
requested the clerk to inform the commissioners, that
he could not then obey tae summons, but that he
oli.a futut deb
would be glad to appear before them

at a reasonable. notice. The plaintiff heard nothing
further about the matter till Thursday the 20th of
April, when, to his great surprise, he was arrested
under a warrant. issued by the defendants, by a She-
riff's Officer, at the Queen's Tavern, Newgate-street,
by whom he was; at twelve o'clock that night, car-
ried in a post-chaise to Norwich, where they arrived
at two o'clock .next day. The plaintiff was detained
at the Bowling-green Inn there till eight o'clock in
the evening, when .the defendants were pleased to
make their appearance and examine him. During
the examination they put several questions to him,
in defiance of his protest regarding the mode of his
arrest ; and he was at length discharged. Under
these circumstances, the Learned Counsel submitted
that the conduct of the defendants was quite illegal,
and he would.leave to the Jury to say, under the di-
rection of the Cowl, what damages the plaintiff was
entitled to for the trespass against his person.
Isaac Kemp, the Sheriff's Officer, was then
called, and' proved the arrest and the circumstances
connected with it, as above detailed.

The SOLICITOR-GENERAL addressed the Jury for
the defendant at considerable length. His state-
ment went to show, that when the defendants com-
menced to act under the commission, they found that
all the bankrupt's property had been removed, and
could not be found,anit that Sanderson,one of the bank-
rupts, had disappeared, and about the 13th April sailed
for North America, with a large quantity of the goods.
The plaintiff was, in the latter end of March or be-
ginning of April, seen at Manchester and Liverpool,
with Sanderson, with whom he was very intimate;
and it was from these suspicious circumstances that
the defendants were so anxious to have the plaintiff
early examined. -
Mr. Rawlinson, clerk to Messrs. Poole and Green-
fell, served the summons on the plaintiff on Monday
the 17th of April, at five o'clock, to appear at ten
next morning before the defendants at Norwich, and
offered hiin five pounds. for his expensek The
plaintiff complained of the shortness of the, no-
tice, and said that from his engagements with se-
veral persons he could not attend, and desired
witness to intimate to the Commissioners that
he would be ready on any day at the end of
the week. Witness accordingly wrote that
same evening to Messrs. Parkinson and Staff,
giving an account of what passed,' but omitted to
mention that he had tendered the M.
In the course of the witness's examination, a
question arose respecting the right of the Commis-
sioners to issue a warrant of arrest.

Mr. CAMPBELL said, that by the last Bankrupt
Act it was enacted, that " if a party does not come
after receiving a summons, and if no lawful impedi-
ment is made known to the Commissioners, then
they shall be entitled to issue a warrant of arrest."
Now he (Mr. C.) admitted, that if no lawful im-
pediment was made known to the Commis-
sioners, they had a right to issue a war-
rant, but he contended, that they could not
exercise their jurisdiction without first receiving
evidence on oath of the impediment; and here they
had only the bare letter of Mr. Rawlinson. If, in a
case of subpoenn, the highest Court in the kingdom
could not issue a warrant of arrest without receiving
evidence on oath of the service of a summons, much
less could the Commissioners of Bankrupt.
Lord TENTERDEN said, no person could be more
unwilling than he was to extend the jurisdiction of
the Commissioners of Bankrupt farther than was
contemplated by the Legislature ; but in the present
case he was of opinion, that the Commissioners were
not bound to have evidence on oath of service, and
before they issued a warrant. The case of
a subpcena was urged as parallel to this case, but
there no action could be raised againSt the superior
Court for their conduct, whereas the Commissioners
of Bankrupt stood in a very different situation,
a►nd might be called to account. If, in fact,
a iiitimmons was not served, and the Commis-
sioners had acted from false information on the
supposition that there had, then he granted that
they would not be justifiable ; but, on the other
band, where, as in the present ►ease, a summons was
actually served, they had received information of
the service, and had acted accordingly, they were
perfectly justifiable without the evidence being on
oath. His Lordship was further of opinion, that the
reasons assigned by the plaintiff when the su►u-
mons was given, did not constitute a lawful impedi-
ment within the meaning of the Act. The plaintiff
was thereupon nonsuited.

THE MARKETS.-(THIS DAY.)

CORN EXCHANGE.

There are this week short supplies of English COIT,
but a good quantity of Foreign Oats. Wheat finds few
buyers, and prices remain much as on Monday. Barley
meets a very dull sale. Beans well support lust quota-
tions. Oats find a fair demand at the prices of last mar-
ket day. There still continues a very heavy trade for Flour.

ARRIVALS.
Wheat. Barley. Oats. 1 flour.
1,980 qr, 140 qrs. 1,290 qr s.l 2,Booscks.

English ...
Irish
Foreign

1,450

1-,300 19-,400

FISH-11IARKET, BILLINGSGATE.

The market this morning was furnished with a con-
siderable quantity of fish, but there was little varivty of
sorts ; the stock principally consisted of Salmon and
Turbot, which appeared very fine, and sold at low prices.
The following were the prices:—

Prime Turbot, each 6s. Od. to Os. Od.
Finest Salmon, per lb. 0 9 1 3
Ditto Grilse 0 8 0 9
Salmon Trout 0 6 • 0 8
Sturgeon 2 0 0 0
Brill, each
Brighton Soles, per three pairs 3 0 4 6
Live Flounders, per quqrtern
Live Eels, per 31b.
Finest Lobsters, per score 30 0 50 0
Inferior ditto
Finest Crabs
Inferior ditto
Finest Cray-fish lB 0 0 0
Shrimps, per gallon 3 0 3 6
Pickled Salmon (Newcastle), per kit ...
New Cod Sounds, per barrel 5 0 6 0
Dutch Pickled Herrings 6 0 6 0