The Sun.
London, England, 1818-07-07 00:00:00

CORONERS' IN„QUESTS.

EFFECT! OF INTOXICATION.—An Wes
taken yesterday afternoon at the Queen's Head,
King's (lead Court, St. Paul's Church Yard, be-
fore &Ir. SHELTON, Coroner, on the body of John
Glestrin,. aged 28 years. George Bibborough,
of Great Carter-lane, Doctors' Commons, stated,
that on Saturday night the deceased was at a
public-house, and got very much intoxicated ;
that be became insensible, and appeared to he in
Is dying state, and was conveyed home to Isis fa-
ther. Geo. Hurloelt, Esq. of St Paul's Church
Yard, surgeon, stated, that he was called to at-
tend the deceased on Sunday morning, and found
him dead ; there was no .mark of violence tipotk
the body ; he consitkred his death was.occasioned
by excessive drinking-, which would produce
apoplexy. Verdict—c! Died in a fit of apoplex y.''
,SMOCKING ACCIDENT.--AU Inquest Was taken
tst St.Thonos's Hospital, on the body of a boy
named. John Bryant, aged 15 years. The de-
ceased was in the ,employ of Mr. Miller, Mill-
wright, Cobham, surrey.; he was employed to
supply a machine u,.ed for tnanufactnring flocks with
woollen' rags.; his left band got entangled in the
machine, and 'be hand and dun wel-e so dread-
fully lacer4ted, that although the aril) was.taket
off at the shoulder, yet mortification ensued, and
caused his death. Verdict—.4ccideatal Death,

UN.FoitTUNATE DREAM-.—The Rev. WILLIAX
O'CoNNoa, a Priest, had his arm amputated,
Oil Titesday sennight, ill Duhlin, •in conse-
quence of its being fractured in the following
singhlar manner :—He , resided at
and, leaving some business In Dublin of his
own to transact, he was intrusted by 'a triena
ro take charge' of a large -Sum of money, to
bring to the capital. •So careful was the
'klt of his Artist, that. havitrg on the roast
';ed it for security -about his person when
in bed, in the course of the night he drearnt thaC
a man stood or;r him with a pistol•in his hand,
and 'demanded the money. Determined to pro.
tees his triist from the imap,inaty robber, he made
a sudden blow at the- arippOsed pistol ;. he untor.
innately struck his arm-ogriinst the bed-post, and
shattered the hone in such a manner, as to render
amputation necessary. •

It is a remarkable fact, that no animal of the
squirrel species in a wild state 'Was ever scvn in
the Comity of Dorham, until lately, when Mr. M.
JtiFilLoCK, of Aliddletnn, took a tquii rel of
complete jet black colour, which he bas ricov is
his possession,

THE LAW.

AGENTS' OF THE INSOLVENT DEBTORS' COURT,

PRACTISING AS ArFORNIES AND CONVEYANCERS

FOR THE SUN.
Mu.. -EDIT° n ,—(laving detailed numerous evils
which arise from the practice of persons unduly
tiering in his Maksty's Courts of Record, under
ti,e modern appellation of Agents, I nc w offer to
pohlic notice the doubts which have prese.ited
themselves to my contemplation on the validity
of Appointments, as regards Agency in the Court
for Relief of Insolvent Debtors : and if it should
Tesolt that the legality of such Appointments
(ultra the Profession) is not maintainable, their.
discontinuance may obviate the future recur-
ience of the evils complained of.
On a review of the'Statute which establishes
the Court for Relief of insolvent Debtors, there
does not, appear any express authority for such
Appointments ; and in order to induce a conclu-
sion as to the legality thereof, it is proper to
chew the express enactments which give powers
to appoint, for the purposes of such Statute, no-
mination.
By the Ist Section of the Act, his Majesty is
empowered to appoint a Commissioner as Presi-
dent of the Court, as a Court of Record, and up-
on notification thereof in the Gazette such Court
to he considered as folly constituted.
By the 7th Sect. the Court is empowered to
appoint a day for bearing the Petitions of Appli-
cants for Relief, and to cause them to he hronght
before the Court, or before such- person or per-
-115 'CAss,rt citan dirper.
8. Sect. A power to order the prisoner to be
examined before Justices of the Peace, and there-
' upon the Justices are empowered to take eXami-
tititions, and the prisoner is to be carried before
the person or persons appointed by the Court's

order.
10. The Court to appoint 'assignees, and to
order proper Conveyances to be executed by die
prisoner ; hut there. is no alteration of‘the Law
as to the persons who are to prepare. such Con-
veyances, although they are now prepared by the
Agents, who subject themselves to a penalty for
every Conveyance they so prepare.
19. An Officer of the Court to be appointed by
the Court for swearing Assignees to their Ac-
counts, ani such Accounts to be filed with the
proper Officer of the Court.
24. Officer of •the Court to produce jts'pro-
ceeding to a Prisoner or a Creditor, or 'to his,
her, or their Attornies. And by the 57th Sec-
tion it is enacted, that the Commissioner,of the
Court may appoint such and so many Officers of
-such Court for executing the Act, 'as the Lord
Chancellor, Lord Keeper,
.or Lords Commis-
sioners of the Great Seal, with the Lord Chief
Justices of the King's Bench and Common Pleas,
and the Chief Baron of the Exchequer, shall deem
Necessary and expedient.
By virtue of this latter Clause, the several fol-
lowing Appointments have taken place, and their
.duties haVe been found essential to the execution
of the Act, viz.:7—A Chief Clerk, four Assistant
Clerks, two Assessors of •Costs, and three Com-
ntissionert for taking Affidavits. The origidal
Act had .provided„.that a proper Officiir of the
Coiirt might take Affidavits ; and the power of
Apooint merit for such purposes is hither extended
by the 4511 r Section, 54 Geo. 3. cap. 23. being an-
Act of 4men4imcnt,
The like Statute, 54. Geo. 3. authorizes the
A4oililiUent of a Pri,visional Assignee, and a Re-
ceiver of the Estate, and Effects of the Insolvents;
at d these Appointments have also taken place
to der the express authority and directions of Par-
liament. Mesengers and Appraisers of the Court
have also been appointed, and specific duties as-
%rfr,ned- theth ; all are duly executed.
• If either of the Appointments had been given
.to either of the persons practising as Agents.. the
'authority would have been sufficient to warrant
the exercise of ditties as an Officer of the Court
duly anointed for the purposes of the Act ; but
the spirit and provisions of the Act do not seem
to authorize the conclusion of their legal Appoint-
ment as Agents of the Court ; and unless they
can be properly recognized in the character of
Officers, a doubt may be fairly entertained of the
validity of such Appointment.
It is more reasonable to presume that the Legi-
slature contemplated the services of the regrdar
Attornies or Solicitors, in aid of such Insolvent
Debtors as might require those services ; and in
directing the necessary proCeedings to he served
on the Artornies or Solicitors of creditors, the
act itself (sect. 1 and 5) confirms such pre-

somption.
Attornies being thus recognized by the Act,
appear I% be the legitimate agents for-pet forming
its ditties, excepting indeed such as are specifi-
cally =igsioned to officers of the Court, who are
responsible- to (he Court. The Attoruies are
alike responsible to the Courts of which they are
admitted., The services • Rid. proceedings under
the act, and it may be suggested the presenting
petitions and schedules; as well-as the fulfilment
of other duties in the-office, seem properly the
province of officers of the Insolvent Court. .The
preparation of schedules, oaths,- conveyances.,
transfers, and assignments, recugnizauces, .ac-.
counts, Stc, are ditties properly belonging .to
a.tornies and solicitors, as, officers of the Courts
out. of which the process issued which detained
the liisolvens, and from ,which he is discharged
on executißg such; conveyance, &v.
Tite,officers of the Court derive their author-- v.
by applintment from the Commissioner on,
Court ; the attorney or solicitor, acts by virtue of
admission to the other. Courts.. Each officer of the
Court lia-s a specific duty assigned to him ; and the
Attorney or solicitor practising therein acts- in the
pertorm.loce of his-ordinary. profession`ai ditty.
. the modern
.agent combines the practice of
not oilicer of the_ Court
.wi:11 that of an attorney
and conveyancer, partaking of.cluties and sharing
io'emoluments, to_whiclil venture to say his title
Of claim3s.at least hypothetical.
In the
•Kwi' is -outer Courts of Record, officers
are appointed: to facilitate the proceedings con-
tkiftsft lay aiithritieF and solicitpfs, and such officers
'wee speciiC Assigned then' for such pur-
pose ; but they in no case interfere, with the du-
ties of attornies and solicitors as such. Neither

do the officers of the Insolvent Conit intermeddle
►yith tl►e practice of the profession. Rut the
agents of that Court exeteise duties properly as-
signable to others, and if they have been appoint-
ed to practise in such Court they add usurpation
co the appointment, by practising; in others also.

'rue term agent occurs in some of the statutes
regulating the, pipractice of the Common Law, but
the appellation is understood solely to apply to the
regular agents of sworn attornies, and the agents
are also sworn and admitted as attornies. B►►t
the mere Insolvent Agent might as well assume
the practice of a barrister as that of attorney or
solicitor. fie has no more right to the duties of
ither than the Quack Doctor has to those of a
Physician, or the descendants of the Pretender
have to the Croon of Great Britain.

I appeal to the experience of professional prac.
titionerb for a more correct illustration and .con-
elusion, if my own should be deemed erroneous
An►i remain, your's,
M *, Temple.

P. S. Probably, in my next, I may 'mute to
submit some observJtions on the subject of COSTS
of Proceeding in the Insolvent Com t, nude' stand-
ing that various opinions prevail amongst the
Profession ; and conceiving it important to the
Puhlic that such opinions should be reconciled,
and doubts removed.

* We most apologize to this Correspondent
as we did to the other, whose letter, on the same
subject, we inserted on the 26th ult. for having
unavoidably poqtponed.the present article.

LAW INTELLIGENCE.

COURT OF KING'S II'ENCH, MUNDAY, JULY G.

Sittings before Mr. Justice ABBOTT and a Specia
Jury.

LOGAN AND OTHERS V. "ILLAN AND OTHERS.

The following are the facts of this case as they
appeared in evidence :—The plaintiffs (wholesale
druggists in London) in February ISI i received
a letter purporting to come from a Mr. James
‘Vorthy, a dyer of Exeter, with whom they had
had some previous dealings; it inquired the lowest
price of cochineal per lb. ; an answer was sent by
return of post, and the consequence vv,s an order
for 651 h. to be conveyed to Exeter as soon as con-
venient, by the Subscription coach, of which the
defendants ..are proprietors. The cochineal was
put into a small box, and addressed according to
order, to'' Mr. J. Worthy, Exeter." It arrived
at the Coach-office of the Old London Inn, Exe-
ter, on Saturday night ; and soon afterwards a
person opened the office door, and without show-
ing himself, inquired for the box according to th.e
address, the sum due for carriage, 16s. Id. and
whether -14 could take it away on the following
day, Sunday ? The answer was in the affirmative ;
and in the evening of the next day, a man of the
name of Whitfield came to the coach-office, and
producing the money for the expence of convey--
ance, asked for a box directed to Mr. J. Worthy.
The book-keeper gave hiM the' box containing the.
cochineal, and another parcel - with a similar ad-
dress, at the same time inquiring the man's name:
he gave it. without reluctance, 'adding, that a per-
son waiting Without had sent him for it. Whit-
field went out of the office with both box and
parcel, but after Wards returned the latter. The
plaintiffs, when they sent. the cochineal by the
Subscription coach, wrote a letter to Mr. J.
Worthy, by the post, advising of it, and enclos-
ing an invoice ; and they were very much sur-
prised by receiving an answer from Mr, Worthy,
that he had never given them any order for cocci,
neal, or any other drug. One of the plaintiffs in
consequence hastened to Exeter, and an inquiry
was set on foot, when it appeared that a fraud
had been' practised upon them, and that the order.
for the cochineal was a forgery. Whitfield was
soon found, and he pointed out a person of the
name of Bennet, as- the man who had sent him
into the coach-office for the box, and who had
given him 16s: Id. to pay for the carriage. Ben-
net was immediately taken into custody, and be-
fore a Magistrate Whitfield swore positively to his
person ; he, however, succeeded in establishing
an alibi to the satisfaction of the Magistrate, who
admitted him to. bail. None of, the parties ob-
tained any further intelligence respecting the
cochineal, and Bennet was not prosecuted.

The present action was brought to recover the
value of the box and its contents, 114/. on the
ground that it had. been lost in consequence of
the negligence of the servant of the defendants in
mis-delivering tit. '
After Mr. ithilltYAT, had stated the particulars
above detailed; be Called' the'Clerk of the plain-
tiffs, who proved the value of the box, and the
address put upon it, viz. if Mr. J. Worthy, Exe-
ter:" In this early stage, in answer to a question
from one of the Jury, his Lordship said, that be
should bold, in point of law, that a common car,
vier discharged himself from liability, Hite showed
(in a case like the present, where the address of
the box contained neither the abode nor the busi-
ness of the party) that he had delivered it at his
own office, to a person whom be might reason-
ably suppose to be the individual, or to come
from the individual, designated in such address.
The clerk of the plaintiffs, on cross-examination, denied
that he was aware of the existence of a notice in the coach-
office of the flefendahts in London, where the box was sent
by the plaintiffs, stating that they would not ht responsible
for any parcel, &c. above the value of 31, unless tittered anti
paid for accordingly.
Perry, the porter of the plaintiffs, swore to the delivery of
tU Inn:. He received from the book-heeperat the Bull-and-
NloAt h a receipt, which the witness had written and the book-
, keeper signed.. He.achnitted, on his cro§s-examination, that
he had inane' timesiearried parcels, &c. to the inn ; hut he
had never seen or been told of any hoard stating the limited
responsibility of the proprietors of coaches until six =Win;
Mr. Knipe, one of the defendants' principal managers, was
called to prove that they were proprietors of the Subscription
Exeter Coach.
Cross-examined.—He deposed that a very large board, on
which was painted the notice of limited responsibility, was
placed against the wall in the most conspicuous *Oa of the
conch-ofliee': it had been there for the last 14 years, and a
person delivering a parcel could scarcely avoid seeing it.
On tbe.part df the—defendants, Mr. .SCARLETT
submitted two points to
,the Jury: Ist, that it
was impossible to believe that,the por-
ter was not unacquainted the existence of
the notice ; and ,2dly, that the defendants, or
.their servents, ,had not negligently conducted
themselves • in .4elivering the parcel at Exeter to
the individual svbq cor,rectly uescrrbcd and
stated that he came from tkpeeson to... Whom it
'was addressed, The first position be reit Upon,

•
the evidence alreaely adduced on the other side;
.and to support the last he canto!
Thomas Whitfield, who swore that a man of the name of
Bennet had accostedir im near the Old London Inn., at Exeter,
and had asked him to go into the coach-office to receive a box
addressed to Mr. James Wor thy, and to pay for the carriage :
he gave him 16s. Id. for that purpose, and promised to pay
him sixpence for carrying it to the Half Moon puhlic-briuse.
h e wit ness went into thy office accordingly, received and paid
for the parcel, stating, when asked, that his name was Whit-
field, and that a person was waiting outside, to whom he was
about to carry it. When he left the office, Bennel walked a
little way with' him, but soon took the box into his own.
charge, and dismissed him, paying him only :rid. 'The witness
was positive as to the person of the man, and swore to it before
a Magistrate.
The bookkeeper at Exeter confirmed this story, as far as
came within his knowledge. tie admitted that he knew that
there was a Mr. J. %V ort by in the town: his parcels Were
usually, delivered at his dye house.
Mr. Jatnes Worthy de'posed, that he bad never ordered the
cochineal of the plaintiff;' but that, for the purposes of fraud,
some person had employed his name.

Mr. Justice ABBOTT left the two points of fact
stated by Mr. Scarlett to the Jury, and went over
the whole of the evidence given on butt) sides.
The Jury retired to deliberate, and in an hour
and a half brought in a verdict for the defendants.

SHERIFF'S COURT, BEDFORD-ROW, JULY 6.

FOULKES V. THE PROPEIWEOR9 OF THE
,THEATRE

ROYAL, DRURY-LANE•

This was an action brought by the plaintiff,
who is a respectable lincn-draper and haberdasher
in Little Russell-street, Covent-gat den, against
the defendants, to recover 7071. 4s. 3d. being the
balance of an account due to hint fur articles
.fur-
nished to the Theatre. Tice defendants had suf-
fered judgment to go by default.
Mr. READER and Mr WALFoRD appeared for
the plaintiff; and having proved timir case, Mr.
BueGess, on the part of the Theatre, did nofdis-
pute the claim, and a verdict was found. for the
sum stated.

Nothing-of the least interest occurred in the
Court of Chancery yesterday. Sir S. Bonin...Ll(
vas greeted by his Brother Barristers individu-
ally, in the ordinary friendly manner, on his-en-
trance into Court.

MILITARY PROMOTIONS.

War- Office, July 4, 18 1 8 .

Ist Regiment of Life Guards—Lieutenant Waller WOmbwell,
from half-pay of the 74d Foot, to be Cornet and Sub-Lieu-
tenant, vice Stopford, who exchanges.
Ist Regiment of Dragoon Guards---Lieutenant George William
Blathwayt, from the half-pay of the 23d Light Dragoons, to
be Lieutenant, vice John Fisk, who exchanges, receiving
the difference.
4th Ditto—Ensign and Lieutenant George Thompson Jacob,
from the let. or Grenadier Regiment of Foot Guards, to be
Cornet, vice Moseley, who exchanges.
Ist Regiment of Dragoons—Major James Maxwell 'Wallace,
from the half-pay of the Canadian Fencibles, to be Major,
,vice Charles Purvis, who exchanges, receiving only the
ference between the full pay of Cavalry and full pay of In-

fantry.
9th It.:gialent of Light Dragoons—Cornet Julius Greenwood
be Lieptenant, by purchase, tics Nlaberly, promoted in

the 100th Foot. a
Cbar{es Tyrwhitt Jones, Gent. to be Cornet, by purchase,

vice Greenwood.
18th Ditto—Robert Hackett,Gent. to be Cornet, by purchase,

vice:Hackett, who retires. .
Ist or Grenadier Regiment of Font Guards—• Cornet. John

Gal we} Moseley, from the 4th Dragoon Guards, to be En-
sign and Lieutenant, vice Jacob, who exchanges.
15th Regiment of Foot—Ensign John Blair, from the 51st
Foot, to he Ensign, vice Brett, who exchanges.
19th Ditto—Lieutenant-Colonel Donald Macbean, from the

89th Foot, to be Lieutenant-Colonel, vice.Rairtsford, who
exchanges.
Breret-Lieutenant-Colonel Lionel Hook, from the 2d Cry.
lon Regiment, to be Major, rice Mac Nabb, deceased.
Captain Mark Prager, front the half-pay of the 3d Ceylon
Regiment, to be Captain of a Company, vice M'Glashan,

. _
deceased.
20th Ditto—Captain Edward Jackson to be Major, by pur-
chase, vice Murray, who retires.
Lieutenant ttoger Lambert Lewis to be Captain of a Com-
pany, by purchase, vice Jackson.
Ensign Alexander 'furry, to be Lieutenant, by purchase, vice
Lewis.

Ambrose Congrece, Gent. to be Ensign, by purchase, vice
Tovey. . •
24th Ditto--Lieutenant Andrew Watson, from the balf-pay
•' "-

of the zIOd Foot, to be Lieutenant, vice George Sunbia,
who exchanges, receiving the difference.
31st Ditto—Capt. John Clerke Dochwi a, from the half-pay of
the 4th Ceylon Regiment, to he Captain of a Company,
vice Alexander Stewart, who exchauges,-* eceiving the dif-
ference.
35th DittoLientenant Aralandet Tennant, 'frtitti t)l,,e half-
pay of the Regiment, to be Lieutenant, Vleellirbert .12he-
ballier,.who exchanges, receiving thethfresrentW,'
44th DittoLientenant Thomas NlaCkrell.t&WeVapfain of a
Company, rice Johnstone, deceased.
Ensign Gillespie Dunlevie be LientenanlYviee Machrell.
Thomas Eastwood, Gent. to he EnSigit;.-.hy vice
Donlevie. ,
46th Ditto; Lieutenant Leslie Prior, from the- half-pay of the.
12th Foot; to be Lieutenant, vice William Cox', icho ex
chanes.
47th Ditto—Lieutenant Henry Watts, from the '4t.West
India Regiment, to be Lieutenant, vice Davies, who ex-
changes.
51st Ditto—Ensign Junes Joseph Brett, from the 15th Foot,
to be Ensign, vice Blair, who exchanges. • .•
60th Ditto—Captain John NI ‘Kenzie Cameron, from the 72d
Foot, to• be Captain of a Company,' vice Gethin, who ex-

-
changes.
Ensign John nidelep, from the 64th Foot, to be Ensign, vice
Couper, who exchanges..
64th Ditto—Ensigh Charles Henry Couper, from the 60th
Foot, to be Ensign, vice'Diddep, who exchanges.
72(1 Ditto—Captain Richard Gethin, from the 60th. Foot, to
be Captain of a Company, vice Cameron, who exchanges.
Lieutenant Henry Jervis,' from half-pay of the Regiment, to
he Lieutenant, rice' Walter Henderson, who exchanges, re-
ceiving the difference.
73d Ditto—Lieutenant Henry Munick, from the half-pay of
the Regiment, to be Lieutenant, vice Taylor, deceased.
Sec;ond Lieutenant George Mint( r, from the Ist Ceylon Regi-
ment, to be Lieutenant, vice John Maclaine, killed in ac-
lion. _ _

Lieutenant Detlef Schonfeldt, from the half-pay of the Cape
Regiment, to be Lieutenant, vice Thomas FrederickJatnes,
who exchanges, receiving the difference. -
Lieutenant John Thistleton, from the half-pay of the qd Cey-
lon Regiment, to be Lieutenant, vice Charles Bedford East-
wood, who exchanges.
78th Ditto—Ensign Roderick Norman Macleod, from the half-
pay of the Regiment, to be Ensign, vice John Drew, 'whq
exchanges, teceiving the difference.
83d Ditto-literet Lieutenant-Colonel Richard Kelly, from
the half-imy of the late iith Ceylon Regiment, to'be Major,
vice Abraham Brunt, who, exchanges, receiving the dif-
ference.
Captain*Malcolm Laing Smith, from the half-pay of the 60th
Foot, to be Captain of a Company, elce Gilbert Elliott,
who exchanges, receiving the difference.
H9th Regiment of Foot—Brevet. Colonel- William Henry
Rainsford, from the 19th Foot, to be Lieutenant-Colonel,
vice Macbean, who exchanges.
99th Ditto-:-Lieutenant John N. Fox, from the half-pay of
the Regi.ment,- to be Lieutenant,:iiice Driscoll, removed
from the service.
Ist West India Regiment--Lieutenant George Ledingham,
from the half-pay of the late Cape Regiment, to• be Pay-
master; vice Burke • -
2d Ditto—Robert Olpherts, Gent. to be Ensign, without pur-
chase, vice Armstrong, whose appointment has not taken
place.
4th Ditto..-Lieutenant James Davis, from the; 37th Foot, to be

Lieutenant, vice, Watts, who exchanges. .
Ist Ceylon Regiment—Second Lieutenant Thomas Hogg,
:.rroci the half-pay of the late 3d Ceylon,,,,,B.egimenl, to be
Second Livuteuatit, vice ;Mater,
.promoted iU the 73d
Foot.