The Sun.
London, England, 1827-08-02 00:00:00

UNITED STATES' NAVY.

As every thing connected with the Navy of the
United States is interesting, we copy the following
General Regulations, officially issued, dated Navy
Department, July 25, 1827.

The President of the United States has approved the
following General Regulations :-
1. No person who is less than fourteen years will be
appointed midshipman.
2. Midshipmen of the age of twenty years, who have
been five years in service, and performed active duty at sea
for three years, will he entitled to be examined for promo-
tion; if found qualified they will be ranked as passed
midshipmen.oes
3. who have heel, twice examined and rejected,
or have twice received notice to attend.an examination
and have declined, will N disn3isied.

4. Passed 'midshipmen will receive warrants,' as such
will take, rank of all other midshipmen, and receive the
pay of twenty-five dollars per month, and two rations pet
day, (Signed) SAMUEL L. SOUTHARD.

LAW INTELLIGENCE.-(THIS DAY.)

COURT OF CHANCERY.

TOWNSEND V. DOWZEL.

The part heard motion in the matter of the Roan
Charity School, was resumed this morning. An
information was filed by Mr. Townsend, a tax-
gatherer in Deptford,against Mr. Dowzel and others.
The information stated, that the informant had
been duly elected the master of this school at
Deptford, but that afterwards his name , had
been struck out of the election book, and the name
of Mr. Dowsell improperly inserted, by which he
had been fraudulently ousted of the office. The mo-
tion consequently was, that Mr. Dowzel might be
restrained from acting as the master of the school,
and the trustees from paying over the funds of the
Charity, either to Mr. Dowzel or any person else,
until the hearing of the cause, that_the fund might
be brought into Court.
The Counsel on the part of the defendants, sub-
mitted that the Court ought not to interfere. They
alleged that before the breaking up of the meeting at
which Mr. Townsend's name wits inserted in the book,
as the elected party, his name had been erased and
Mr. Dowzel's inserted ; and that no one could con-
sider the election complete until the meeting ha 4
dispersed. It had only been by some improper
means the relator had been informed of his having
been elected.

Mr. ROSE, on the part of ML. Townsend, con-
tended that the trustees had been guilty of a gross
breach of trust, and were abusing the trust property.
His LORDSHIP stated, that as far as he could col-
lect the facts, it appeared that Mr. Townsend had
been elected at the meeting before the electors had
been made aware of the situation of Mr. Towns-
end, namely, that of a tax-gatherer, but that on being
subsequently apprized of his character in that re-
spect, the meeting considered it incompatible with
the office of his being schoolmaster, and there-
fore they rescinjled the resolution instanter, and be-
fore the breaking up of the meeting. The Court
therefore thought they had 'acted in the due dis-
charge
motion. ofconsequently
hearing of the cause, should the relators think proper
to bring on the information to a hearing.
It their
reserved duty,
the and
question

VICE-CHANCELLOR'S COURT.

BARKER V. RAY.

This case, the particulars of which have been so
often before the public, came on again this morning.
—lt will be recollected that the original bill had
been filed by the plaintiff claiming as against
the defendant, then in possession of them,
certain large estates in Yorkshire. The grounds
upon which the claim was made, was that the per-
son under whom the defendant pretended to devise
as heir at law, had in fact made a will, by which he
devised the property away from them to the plain-
tiffs, and that this will had been suborned or
suppressed by a Mr. Henry Barker, the ancestor of
the defendants. The defendants in their defence
stated that they held the estates by devise or descent
from some one of three persons, but could not parti-
cularly tell from which of them, or by what means.
They at the same time denied the legitimacy of the
plaintiff's father, and contended that the plaintiff
could have no right whatever to question the
propriety of their claim. A variety of evi-
dence was produced on both sides, with the
view of substantiating their respective claims. The
late Vice-Chancellor directed an issue to try, whe.
been adduced in the shape of affidavits, and yet the
plaintiff had been obliged to take office copies of
them all. In support of that part of their case which
denied the legitimicy of the plaintiff's father,
the defendants had sent in aflidtiVits, stating that

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the mother of that gentleman, whose name was Anne
Johnson, had been usually called by the pet name
of Nanny Nuncy •(A laugh); but the absurdity did
not stop here, for another witness gravely,detailed
all the circumstances of a conversation which
she had with Miss Nanny Nuncy, in which
she mentioned the efforts by which he endeavoured
to make Mr. Barker marry her. " What do you
think I did, (said Nanny) why I ran round the hay-
stack nine times on a St. Mark's Eve, with a ring
in my hand, crying here's the knife, and where's the
sheep ?—(A laugh.)—Whilst going the 9th round,
I thought Mr. Barker, who was at Beverley,
came home, he did not come home—but he
was brought home next morning from the
Blue Bell, at Beverley."—(Laughter.)—Whe-
ther the will alluded to by the plaintiff ever existed,
and if so, whether it contained the limitations under
which he claimed. An issue was also directed to
try, whether he was legitimate. The trial took place
at the Yorkshire Assizes, when the Jury found that
such. did at one time exist, but they were unable to
speak as to its contents. Thus negativing the plain-
tiff's claim; they however found, that the plaintiff's
father was legitimate. The Court, in directing. the
issues on the consideration.of costs, said it was princi-
pally with reference to`that question, that the cause
would come before the Court.

Mr. SHADWELL and Mr. DUCKWORTH, for the de-
fendants, argued, 'that as the plaintiff had entirely
failed in making out his claim, or in fixing the de-
fendants with having wilfully suppressed the will,
the bill ought to be dismissed with costs.
Mr: HEALD, on the other hand, contended that
the only question for the Court to decide was whe-
ther there bad been originally a probable cause of li-
tigation, or whether the plaintiff's claim was purely
vexatious. It would be hard towards his client if he
were to pay the expence of all the irrelevant and
ponsensical trash which the defendant's had thought
proper to put in evidence in the cause; he would
defy any gentleman, however great his experience,
to point out an instance in which like evidence had
ther the going round the hay-stack, and the
coming home next morning, brought , the mar-
riage about.; it was not for the Learned Gentleman
to say, but at all events the Jury had found that the
marriage took place. The Learned Gentleman, in
conclusion, submitted that it would be unjust to
saddle his client with the costs on such evidence.

The VICE-CHANCELLOR felt puzzled as to the
principle which ought to govern the costs in this
case; but before he gave his opinion, he would
carefully examine the deposition. It was clear
that an heir-at-law was entitled to. a discovery of
the title by which parties held property prima
facie belonging to him ' • but the plaintiff here
was merely a collateral relation seeking to throw
aside the heir at law ; and although the heir at law
did not pay the costs of the discovery, it did not
follow that the plaintiff should be exempt. His
Honour would, in examining the record, see what of
the depositions were irrelevant, and would take
care that each party .should himself bear the expense
of any matter of 'that description introduced by him.
With respect to the costs of the trial at law, they
must follow the ordinary rule, and be defrayed by
the plaintiff, as he had failed.
Mr. BICKERSTETH reminded his Honour that the
plaintiff bad so far succeeded to establish his father's,
and of course his own legitimacy, which are denied.
The VICE-CHANCELLOR thought the heir-at-law
had a right to know the title of any person claiming
against him ; besides, in the present case, there was,
perhaps, some doubt, as some of the children were
clearly not born in wedlock.

INSOLVENT DEBTORS' COURT.
PRACTICE OF THE COURT. •
In the case of Mr. Bean, an attorney, against
whom a rule was obtained to show cause why his
name should not be struck off the Rolls of the Court,
for allowing a clerk, named Jones, to take money
from an insolvent, which money was applied by
Jones to his own use,

Mr. COOKE, on behalf of Mr. Bean, now put in an
affidavit, stating, that the officer had taxed Mr.
Bean's bill of costs, and that the balance received by
James in Mr. Bean's name, was paid into Court to
be refunded to theinsolvent. ,

Mr. HEATH, who appeared for the insolvent, said
he had nothing further to say.
Commissioner HARRIS hoped this case would be a
lesson to attornies in this Court, not to lend their
names pr employ persons, whose conduct was likely
to bring on them the severe animadversion of the
Court, as well as subject them to the payment of
large sums of money. In future, if any case came
before the Court, where such misconduct was
brought home to an attorney, the Conrt would have
no hesitation in ordering his name to be struck off
the rolls.—Rule discharged.
Robert Cook, an insolvent, whose petition was
heard on a former day, was now called up for
Judgment.
Commissioner HARRIS said, that it had clearly
aPpeared, on the investigation, that the insolvent
was arrested at his own desire; for it was proved
that he had offered to pay any creditor money who
would arrest him. It also appeared that he had
made away with 3101., which was not satisfactorily
accounted for. He had also infringed a clause in
the Act of Parliament, by favouring some of his
erheadriet.ors by which others were deprived of their fair
s
creditors,
those circumstances, the judgment of
the Court was, that the insolvent should not be en-
titled to his discharge until he had been six calendar
months in prison.

An elephant's tusk was lately discovered, four
feet deep, imbedded in a lime quarry at-King's Newnham,
near Coventry. —Bath Chronicle.

An action has been commenced against Sir
bonrAzir WEBSTRER, by the drapers at Chichester, for rib-
bons supplied during the late election.—Brighton Gazette.

DESTRUCTIVE FIRE AT SHEERNESS.-A
most destructive fire broke out on Tuesday night, in Blue
Town, Sheerness, which consumed between forty and fifty
houses before it could be got under. The houses were
chiefly of wood ; but the loss of property has been very
great. We believe that it bad been in contemplation some
time since, to pull down the greater part of Blue Town, for
the purpose of adding to the extent of the Naval Yard;
and that an Act of Parliament had authorised the pur-
chase of the property in question. The calamitous fire
which has happened; may, therefore, probably facilitate the
intended improvements.

ADDERs.—About a fortnight ago, while
Captain Rusiel and his servant were training their 'dogs on
Lord Stair's grounds, in the neighbourhood of Ballantrae,
one of the pointers set at a grouse. Captain Russel, of
course, kept his eye on the dog, and while
moving.
on..
wards, was surprised to see him first start back, and then
tPparently snap at, something. But his surprise 'was very
much increased when,; on reaching the spot, he observed a
very large adder in the attitude of giving battle to the dog,
and which only retreated when he and his servant came in
sight. The pointer commenced licking one of his legs,
and it was soon evident that a wound had been inflicted.
Though bit in the extremities, the poison entered the
circulation so speedily, that his whole frame became vio-
lently convulsed. The servant carried him home in his
arms, and though nursed with the greatest care for a fort-
night, he is only at this moment gradually recovering.—
Capt. Russell determined to be upsides, if possible, with the
adder, and with this view provided himself with a cleft-stick
the next time he ascended the heights of Ballantrae.—
After a little search, he discovered the reptile lurking pretty
near its old den, seized it by the middle, and held it up in the
air, while his servant lashed it smartly with a switch.—
While thus assailed, the reptile coiled and actually wounded
its own tail ; and Captain Russell being curious to know
the result, desired his servant immediately to desist. He
did so, and in less than a quarter of an hour, the adder
Welled to a great size, to all appearance from having ab-
r"nrbed a portion of that poison which, though perfectly
harmless when concealed within its tusk, is attended with
very different effects, when communicated to any other
part of its own body. The reptile, when killed, measured
four feet one inch, and was in other respects, one of the
largest adder, ever
seen on the coast of Ayrshire.—Dum-
fries Courier._