The Sun.
London, England, 1829-11-03 00:00:00

EXPRESS rßom PARIS.

(From the Illessager des Chambres of Sunday.)
SECOND EDITION.

ODESSA, OCT. 7.

As the health of the city and the environs is as
good as can be wished, the coffee-houses, the inns,
and public promenades, are again open. All the
communications are re-established, and the sanitary
cordon will be broken up on the llth.

MALTA, SEPT. 27.

The military preparations which the Governer
has been making some days past, prove that Eng-
land will exert all its efforts to obtain a change in
some of the fundamental conditions of the treaty of
Adrianople. If the Cabinet of St. James's does not
obtain what it demands by diplomatic means then
war will be declared. The English fleets will
blockade all the RussiaN ports, and Admiral Mal-
colm has orders to give chase to the Russian fleet
both in the Mediterranean and the Black Sea. It
is also said, that England has attempted, and will
endeavour by all possible means to crrrupt the
Paellas of the Sultan, and to persuade them to de-
clare against their master on account of the treaty
of peace, which, if it is confirmed, will wholly de-
stroy their despotism. Lastly, it is added, that
English agents have obtained from the Pachas of
Widdin, Scutari, Servia, and Janina, the promise
not to submit to the conditions which serve as the
basis of that treaty,
(From the Journal des Debuts.)
(PRIVATE CORRESPONDENCE.)
LISBON OCT. 17.

The Viscount d'Asseca, in his last despatch, gives
hopes, that in a few days the Government of his
Britannic Majesty will acknowledge Don Miguel.
However, 'he Viscount adds, that the recognition
will not take place till the Cabinet of St. James's
has received the despatches which it expects from
Rio de Janeiro. It is affirmed that the Count da
Ponta, Don Miguel's Minister at Paris, gives the
same hopes, in his last despatches, as his colleague.
The Gazelle de 'France, adverting to the reports
ecntained, as it says, in all the Journals of the Re-
volution, respecting a pretended division in the Mi-
nistry,7are entirely destitute of foundation. There
has been no divisions in the Council, ar►d the deci-
sions of the majority in all the discussions have not
given rise to any dissension, and whatever the jour-
nals say, we may be certain that there is 150 idea of
the resignation of any member of the Council.
(From the Allgemeine Zeitung, Oct. 28.)
VIENNA, OCT. 23.-51etalliques, 1021; Bank Shares
1226.

Mr. Justice BURROUGH has consented to
continue to remain as Judge until the new I,gal arrange—
ments are carried into effect. Two new Judges, it is
said, are also to be appointed, in addition to the present
twelve.

The eldest son of General BLucilEn:died on
the 10th of October, at Koepenick. This officer held the
rank of Major-General. He died after protracted suffer-
ing., in consequence of the dangerous wounds be had re-
ceived in the campaigns of 1813.
His Grace the Duke of BUCKINGHAM and
CHANDOS is expected at Avingtort House in a few days.
The amiable Duchess has been a constant resident there
for some months, dispensing her bounties to the pnoi-of
the surrounding neighbourhood.—Hants Chronicle.

A matrimonial alliance is whispered in the
foreign fashionable circles as likely to take place between
a Continental Princesa of high rank, fashion, beauty, and
accomplishments, and a certain Duke of amiable manners
and large estates in this country, but who has always been
supposed, front family or other circumstance s, to be the
most unlikely person in the woald to lead any female to the
altar.—Berhsla ire Chronicle.

The police barrack at Ballinasloe was burnt
down on Wednesday night, and but for the laudable exer-
tions of Captain DEANE with his detachment of the sth
Infantry, the fi Irnee would have spread to the adjoining
houses. The fire originated in the negligence of a female
who left a lighted candle on the bed.— Tipperary Pape;;
Two causes were tried in the Court of Com-
mon Pleas last week, and verdicts found for the plaintiffs
under the direction of Lord Chief Justice TINDAL, which
have occasioned much surprise, and etill more alarm,
amongst people of all ranks in this metropolis; and if the
law, as laid down by his Lordship in these causes should
be confirmed by the Court of King's Bench, in which the
causes will be re-argued on Bills of Exception, the mis-
chief which will ensue in society at large will be of the
most disastrous character. The facts of the case
are simply these :—ln March, 1825, certain par-
sons met together, and concocted the Imperial
Distillery Company, which was to consist of twelve
thousand shares at 50/. each, constituting a capital of
600,0001. They invited, by a Prospectus and Adver-
tisements, persons to apply for shares, stating at the sane
time that those to whom shares were promised were to pay
a deposit of Si. per share by a given slay ; and that
the holders of the receipts for the deposit would be
entitled to certificates of shares on paying the next instal-
ment and signing the trust deed when that instalment was
prepared; and further, that those who did not pay the
second instalment and sign the deed within thirty days
after being required to do so, would forfeit their right to
shares and all interest in the Company. On the faith of
these notices many persons applied for shares, of whom a
large proportion sold their Scrip receipts or right to
shares, or declined to become partners by signing the deed
when it was proposed. A small number paid the s:'cond
instilment, and signed the trust deed. It should be here
mentioned, that althoueli the Company was to consist of
12,000 shares, the number appropriated did not amount to
8,000, and that of these, not more than 2,300 paid even
the first deposit; notwithat ending which the Directors
proceeded with the undertaking, agreed to purchase pre-
wises, repaired and fitted up these premises, but forgot to
pay for them or the repairs. Proceedings were instituted
for the recovery of these sums from some of the Directors
and persons who hail signed the trust deed ; and it is under-
stool that these parties atintitted their liability, but per-
suaded the claimants or their solicitors, under some in-
demnity, to commence actions against other individuals who
might be considered also liable ; in consequence, actions
were instituted against a large number of persons, amongst
whom were many who had done nothing but. ask for
shares, and received a letter telling them that shares were
appropriated to them ; others, who had paid the first de-
posit, but declined to pay th. second, or to sign the deed,
and others who, having paid the first deposit, sold their
scrip receipts, and never took any further concern in the
Company, and consequently neither paid the two instalments
nor signed. After various delays, during which many of the
parties bad been terrified into a compremise, the actions were
brought to trial last week against the remaining persons in-
cluded in the Record ; arid Chief Justice TINDAL laid down
the law—" That any person applying for shares and re-
ceiving an answer that shares were appropriated (although
the conditions on which be was to become entitled to
the profits of the Company were not fulfilled), was re part-
ner, and liable individually to the whole debts of the
Company." Under this construction of the law of co-
partnerships, verdicts were obtained against persons Who
had never intended to become partners, who could not
have shared in the profits of the Company if there bad been
any, and who had not in any way held themselves out as
partners. This question is one of vital importance, not
only to the parties included in the verdict (in which we
understand there are sonic gentlemen of high respectabi-
lity, and whose absolute ruin it will effect), but to every
man who ever had a share, or applied for a share, in a
Company. And we believe there are very few men of any
propel ty or consequence in London who were not in some
way or other connected with the Companies formed in
1825. If the mere application for shares, without any
subsequent fulfilment of the conditions on which a person
was to become a partner, is to establish a co-partnership,
them is at once an end to all credit in London. and no
man can either buy or sell until these liabilities of all sorts
are cleared up. But is it not tnoestrous that such law,
which is no where -to he foand bnt in the dictum of a
Judge, is to be aPowed to be acted upon? The laws are
merle for the protection ofproperty, not for its suhversiaon ;
and all law is, or ought to be, founded upon coin-
naon sense or common justice. Is this so in the cases we
have cited, where persons who were, in common sense,
nowise responsible, are made to pay, while those who,
likewise in common sense, are liable, are to escape ? But
it is by such proceedings that the people become disgusted
with the laws under which they find themselves living. ,
Sonic steps on this subject must, however, necessarily be
taken ; and some declaratory law must be passed of the
liability of those who give orders upon responsibility which
they themselves assumed in me.ny of the newly-constituted
Companies, and the non-liability o those who, contrary
to the reason of the thing, have been thus entrapped into
partnerships which they had never entered.—Morning
Chroniele.