The Sun.
London, England, 1829-04-21 00:00:00

GENERAL ORDER.

Horse Guards, April 4, 1829.
The Quarter-Master-General having represented to the
General Commanding-in-Chief that questions have arisen
respecting the distribution of allowance, which, under his
Majesty's warrant, dated August 25, 1827, had been
granted under the head of " Commuted Allowance for
Carriage of Baggage for Regiments on a March in Great
Britain," his Lordship has been pleased to command that
the distributio❑ of this allowance to individual officers,
and for regimental stores in Great Britain, shall be exactly
the same as has been regulated and detailed in the same
warrant for individual officers, and for regimental stores
in Ireland ; and that the overplus of such weight for
which such commuted allowance is intended to provide
shall he considered as applicable to baggage of the troops
or companies, and for such purpose exclusively ; it being
also most clearly to be understood, that in no case shall
the charge against the public be greater than the sum spe-
cified in his Majesty's warrant, above alluded to.
By Command of the Right Honourable
The General Commanding-in-Chief,
HERBERT TAYLOR, Adjutant-Gen.

On Sunday night between eight and nine
o'clock, as a lady named PHILLIPS was coming to town
by the Clapham stage, one of those thieves who infest that
road got up behind the vehicle, and with a sharp instru-
ment cut through her clothes, and wounded her on her
left thigh. The ruffian faded in getting possession of Mrs.
PHILLIPS' pocket, and before she could give an alarm he
jumped down and escaped.
AN ORIGINAL ANECDOTE.—LateIy an Irish
recruit arrived at the depot. A common soldier seeing
the raw fellow, exclaimed—." Well, Paddy, how do the
'tatoes taste in Ireland ?"—E Ab, jewel, (said the recruit),
as I can't give you a taste of the 'tatoc, here's a taste of
the stalk," and with his thorn stick knocked down the sol-
dier, to the great amusement of the bystanders.— Western
Times.

Immense damage is done to the fruit trees at
Salisbury, and various other parts of the country, by the
late heavy storm of hail, thundee, and lightning.—Hants
Chroneek.

And whereas it is expedient to substitute a new
and more efficient system of police im lieu of such
establishments of nightly watch and nightly police,
within the limits hereinafter mentioned, and to con-
stitute an Office of Police
.which, acting under the
immediate authority of one of his Majesty's prin-
cipal Secretaries of State, shall direct and controul
the whole of such new system of police withinstisose
limits ; be it therefore enacted, by the King's Most
Excellent Majesty, by and with the advice and con-
sent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled, and
by the authority of the same, that it shall be lawfull
for his Majesty to cause a new Police Office to be
established in the city of Westminster, and by war-
rant under his sign manual to appoint three fit
persons as Justices of the Peace of the counties of
Middlesex, Surrey, Hertford, Essex, and Kent, to
execute the duties of a Justice of the Peace at the
said office, and in all parts of those several counties,
together with such other duties as shall be hereinafter
specified, or as shall be from time to time directed
by one of his Majesty's principal Secretaries of
State, for the more efficient administration of the
police within the limits hereinafter mentioned; and
his Majesty may remove any of the said Justices, if
he shall see occasion to do so ; and may, upon any
vacancy in the said office by death, removal, or
otherwise, appoint another fit person as a Justice of
the Peace of the counties of Middlesex, Surrey,
Hertford, Essex, and Kent, to execute the duties
aforesaid, in lieu of the person making such vacancy ;
and it shall be lawful for his Majesty to appoint any
person to be a Justice of the Peace by virtue of this
Act ; and for such person, during the continuance of
his appointment, to execute the duties of Justice of
the Peace for the several counties of Middlesex,
Surrey, Hertford, Essex, and Kent, although he may
not have any such qualification by estate as is re-
quired by law in the case of any other person being
a Justice of the Peace for any county ; and it shall
not he necessary for such person to take any oath of
office or of qualification by estate : Provided always,
that no such person shall act as Justice of the Peace
at any Court of General or Quarter Sessions, nor in
any matter out of Sessions, except for the preserva-
tio❑ of the peace, the prevention of crimes, the de-
tection of offenders, and in carrying into execution
the purposes of this Act.
And be it enacted, that it shall be lawful for one
of his Majesty's principal Secretaries of State
to direct that an annual salary, not exceeding
the sum of , shall be paid out of the Conso.
lidated Fund of the United Kingdom of Great Britain
and Ireland, to each of the Justices to he appointed
under this Act, and that the same shall be payable
quarterly.
And be it enacted, that the whole of the city and
liberties of Westminster, and such of the parishes,
townships, precincts, and places, in the counties of
Middlesex, Surrey, and Kent, as are enumerated in
the Schedule to this Act, shall be constituted, for
the purposes of this Act, into one district, to be
called " The Metropolitan Police District ;" and a
sufficient number of fit and able men shall from time
to time, by the directions of one of his Majesty's
principal Secretaries of State, be appointed as a
police force for the whole of such district, who shall
be sworn in by one of the said Justices to act as
constables for preserving the peace, and preventing
robberies and other felonies, and apprehending of-
fenders against the peace ; and the men so sworn
shall not only within the said district, but also within
the counties of Middlesex, Surrey, Hertford, Essex,
and Kent, have all such powers, authorities, privi-
leges, and advantages, and be liable to all such duties
and responsibilities as any constable duly appointed
now has or hereafter may have within his constable_
wick by virtue of the common law of this realm, or
of any statutes made or to be made, and shall obey
all such lawful commands as they may from time to
time receive from any of the said Justices for con-
ductingthemselves in the execution of their office.

And be it enacted, that the said Justices, or any
two of them, may, from time to time, subject to the
approbation of one of his Majesty's Principal Se-
cretaries of State, frame such orders and regulations
as they shall deem expedient, relative to the general
government of the men to be appointed members
of the police force under this Act, the places of
their residence, the classification, rank, and particu-
lar service of the several members, their distribution
and inspection, the description of arms, accoutre-
ments, and other necessaries to be furnished to
them, and which of them shall be provided with
horses for the performance of their duty, and all
such other orders and regulations relative to the said
police force as the said Justices, or any two of them,
shall from time to time deem expedient for prevent-
ing neglect or abuse, and for rendering such force
efficient in the discharge of all its duties : and the
said Justices, or a.ly two of them, may, at any time,
suspend or dismiss from his employment, any man
belonging to the said police force, whom they shall
think remiss or negligent in the discharge of his
duty, or otherwise unfit for the same; and when
any man shall be so dismissed, or cease to belong to
the said police force, all powers vested in him as a
constable by virtue of this Act, shall immediately
cease and determine.

And be it enacted, that if any victualler or keeper
of any house, shop, room, or other place for the sale
of any liquors, whether spiritous or otherwise, shall
knowingly harbour or entertain any man belonging
to the said police force, or permit such man to
abide or remain in his house, shop, room or other
place, during any part of the time appointed for his
being on duty, every such victualler or keeper as
aforesaid, being convicted thereof before any two
Justices of the Peace, shall for every such offence
forfeit and pay such sum, not exceeding five pounds,
as they shall think meet.

And be it enacted, that where any person charged
with any petty misdemeanor shall be brought with-
out the warrant of a Justice of the Peace into the
custody of any constable appointed under this Act,
during his attendance in the night time et any watch-
house within the Metropolitan Police District, it
shall be lawful for such constable, if he shall deem
it prudent, to take bail by recognizance without any
fee or reward from such person, conditioned that
such person shall appear for examination before a
Justice of the Peace at some place to be specified in
the recognizance, at the hour of ten in tlw forenoon
next after such recognizance shall be taken, unless
that hour shall fall on a Sunday, or on Christmas-
day, or Good Friday, and in that case at the like
hour on the succeeding day; and every recognizance
as taken shall be of equal obligation on the parties
entering into the same, and liable to the same pro,
ceedings for the estreating thereof, as if the same
had been taken before a Justice of the Peace; and
the constable shall enter in a book, to be kept for
that purpose in every watch-house, the names, resi-
dence, and occupation of the party, and his sureties

enteringinto such recognizance, together with the
condition thereof, and the sums respectively acknow-
ledged, and shall lay•the same before such Justice
as shall be present at the time and place when and
where the party is required to appear ; and if the
party does not appear at the time and place requir-
ed, or within one hour after, the Justice shall cause
a record of the recognizance to be drawn up to be
signed by the constable, and shall return the same
to the next General or Quarter Sessions of the Peace,
with a certificate at the back thereof, signed by such
Justice, that the party has not complied with the
obligation therein contained; and the Clerk of the
Peace shall make the like estreats and schedules of
every such recognizance, as of recognizances for-
feited in the Sessions of the Peace; and if the party
not appearing shall apply by any person on his be-
Llano postpone the hearing of the charge against
him, and the Justice shall think fit to consent
thereto, the Justice shall be at liberty to enlarge the
recognizance to such further time as he shall ap-
point; and when the matter shall be heard and dt-.
termined, either by the dismissal of the complaint,
or by binding the party over to answer the matter
thereof at the Sessions or otherwise, the recogn-
zance for the party's appearance before a Justice
shall be discharged without fee or reward.
And be it enacted, that it shall be lawful for his
Majesty to appoint a proper person to receive all
sums of money applicable to the purposes of this Act,
who shall be called " The Receiver for the Metro-
politan Police District," and his Majesty may re-
move
any such receiver if he shall see occasion so '
to do, and may upon any vacancy in that office by
death, removal, or otherwise, appoint another person
to be such receiver ; and the receiver for the time
being shall receive all sums of money applicable to
the purposes of this Act, and shall keep an exact
and particular account thereof, and shall immediately
pay all monies, bills, and notes, by him received
under this Act, into the hands of the Governor
and Company of the Bank of England; and the
same shall be placed to an account in the books of
the said Governor and Company, which shall be in-
tituled, "The Account of the Public Monies of the
Receiver for the Metropolitan Police District," in-
serting the name of the receiver for the time being ;
arid the said receiver shall draw out of the Bank,
from time to time, such sums of money as may be
necessary for the payment of the salaries, wages, and
allowances to be paid, as hereinefter mentioned, to
the persons belonging to the police force ap-
pointed under this Act, and also for the pay-
ment of all other charges and expenees in carrying
this Act into execution; and every draft or order for
money on the Bank of England drawn by the re-
ceiver shall be countersigned by one of the Justices
appointed under this Act, and all drafts and orders
so drawn and countersigned, but not otherwise, shall
be a sufficient authority to the Bank to pay the
amount thereof to the persons named in them, or to
the bearers of them.

And be it enacted, that the receiver shall ac-
count for the due application of all monies so to be
drawn by him out of the Bank of England, and
shall once in every six months, and oftener, if re•
quired by one of his Majesty's principal Secretaries
of State, make out and sign a full and particular
account of all monies which shall have been received
by him under this Act, and how much there have
been paid by him, and for what purposes, together
with proper vouchers for the receipts and payments;
and such accounts shall be delivered, for the purpose
of being examined and audited, either to the Com-
missioners for Auditing the Public Accounts of this
kingdom, or to any other person or persons whom
such principal Secretary of State may from time to
time direct ; and the receiver, if directed to account
before the said Commissioners, shall be subject to
the same regulations and penalties in that respect as
any public accountant.
And be it enacted, that the receiver, out of the
monies so received by him, shall be allowed a yearly
salary, not exceeding , to be payable quar-
terly ; and the receiver, out of the same monies,
shall from time to time pay to the persons belonging
to the police appointed under this Act such salaries,
• wages, and allowances, and at such periods, as one
of his Majesty's principal Secretaries of State shall
• direct, and also any extraordinary expenses which
they shall appear to have necessarily incurred in
ap-
prehending offenders and executing the orders of any
of the Justices appointed under this Act, such ex-
penses being first examined; and likewise pay any
further sums which such principal Secretary of State
shall direct to be paid to any of the persons belong-
ing to the said police force as a reward for extraor-
dinary diligence er exertion, or as a compensation
for wounds or severe injuries received in the per-
formance of their duty, or as an allowance to such
of them as shall be completely disabled by bodily
injury received, or shall be worn out by length of
service.

And be it enacted, that upon the death, resigna-
tion, or removal of any receiver appointed under this
Act, the balance of cash for which he shall at that
time have credit on his account as receiver with the
Governor aad Company of the Bank of Egland,
shall, as soon as a successor shall be appointed to the
office of receiver, actually vest in such successor, and
shall be immediately transferred to the account of
such successor, to be applied for the purposes of this
Act ; and the receiver for the time being is hereby
required to issue his drafts or orders, countersigned
as aforesaid, for all unsatisfied charges and demands
payable out of the monies in the Bank, although the
same shall have accrued in the time of any former
receiver.

And be it enacted, that if any person having re-
signed, or having been removed from the office of
receiver, shall neglect, within twenty-one' days after
notice for such purpose, to account for and pay to
any succeeding receiver all such sums of money as
shall remain in his hands applicable to the purposes
of this Act, it shall be lawful for the receiver for the
time being, in his own proper name only, or by his
name and description of office, to sue for and re-
cover the same from such person, with double costs
of suit, in any of his Majesty's Courts of Record at
Westminster, by action of debt, in which action it
shall be sufficient for such receiver to declare as for
money had and received to the use of such receiver
for the purposes of this Act; and the defendant in
the action may, at the discretion of any Judge of
such Court, be held to special bail in such compe-
tent sum as the Judge shall order; and the Court
in which the action shall be brought may, at the in-
stance of either of the parties, refer the account in
dispute in a summary manner, to be audited by any
officer of the Court, or other fit person, who may
examine both plaintiff and defendant upon oath
(which oath the said referee shall have power to ad-
minister) ; and upon the report of such referee, un-
less either of the parties shall show good cause to
the contrary, the Court may make a rule either for
the payment of such sum as upon the report shall
appear to be due, or for staying the proceedings in
the action, and upon such terms and conditions as
to the Court shall appear reasonable, or the Court
may order judgment to be entered up by confes-
sion for such sum as upon the report shall appear
to be due.

And be it enacted, that in case of the death of
any person during the time that he shall be holding
the office of receiver, or after he shall have resigned
or been removed from such office, the receiver for
the time being may, in his own proper name only, or
by his name and description of office, sue for and re-
cover from the executors or administrators of such

person deceased, all such sums of mcrey as shall
have beep remaining in his hands applicable to the
purposes of the Act, by an action of debt in any of
his Majesty's Courts of Record at Westminster, in
which action it shall be sufficient for the plaintiff to
declare that the deceased was indebted to the
plaintiff for money had and received to his use for
the purposes of this Act, or that the deceased died
possessed of money had and received for the pur-
poses of this Act, Whereby an action accrued to the
plaintiff to demand and have the sisme from such
executors or administrators ; and the like action
may be brought • against any executors or adminis-
trators of executors or administrators; and in ali
such actions the defendant or defendants may plead
in like manner and avail themselves of the like
matters in defence as in any action founded upon
simple contracts of the original testator or• intestate;
and the Court. may refer the account in dispute to
be audited by any officer or person, and may pro-
ceed upon the report of such referee in like manner
as is bet einbefore mentioned ; and in all actions to
be brought, as well as in all proceedings whatsoever
to be instituted or carried on by any receiver by
virtue of this Act, proof of 11.9 acting in the execu-
tion of the office of receiver shall be sufficient evi-
dence of his holding suc% office, unless the contrary
shall be shown in evidence by the defendants in
such actions, or the parties against whom such
proceedings shall be instituted or carried on.
And be it enacted, that the receiver for the time
being shall make all such contracts and disburse-
ments as shall be necessary for purchasing or rent-
ing any land or buildings, or for erecting►, fitting up,
furnishing, or repairing any buildings for the purposes
of this Act, in such manner as one of his Majesty's
principal Secretaries of State shall direct; and
of all lands and buildings so to be purchased
or rented, and of the fixtures and furniture
thereof, and of all goods and chattles whatsoever
to be from time to time held or purchased for the
purposes of this Act, the property acquired therein
shall be vested in the receiver for the time being, in
whom also shall be vested the property of all watch-
, houses, watch-boxes, arms, accoutrements, and other
necessaries, to be given up as hereinafter mentioned;
and the receiver for the time being may, by the
directions of such principal Secretary of State, sell,
assign, or dispose of the whole or any part of any
such property as aforesaid; and shall execute all such
lawful matters for carrying this Act into execution,
as such principal Secretary of State shall from time
to time direct.

And be it enacted, that it shall be lawful for all
bodies corporate, and also for all commissioners,
vestrymen, or trustees for public purposes, and for
tenants for life or in tail, and for the husbands, guar-
dians, trustees, committees, or attornies of such of
the proprietors or persons interested in any lands or
buildings required for the purposes of this Act, as
shall by reason of any legal disability or of absence
beyond the seas be incapable of acting for them-
selves, to contract and agree with the receiver for
the time being, either for the absolute sale of such
lands or buildings, or for a lease thereof for such pe-
riod as the receiver shall require, and to convey, de-
mise, or grant the same to the receiver in trust for
the purposes of this Act; and all such contracts,
sales, conveyances, leases, and grants, shall be valid
and effectual in law to all intents and purposes; and
in case any body corporate, commissioners, vestry-
men, trustees, or other persons hereby authorised to
"contract on behalf of themselves or others as afore-
said, shall neglect or refuse to agree with, or by rea-
son of disability or absence shall be prevented from
agreeing with, the receiver for the sale or lease of
any land or buildings required by him, or in case the
proprietors or persons interested therein cannot be
found or known, or shall not produce and evince a
clear title to the land cr buildings so to be purchased
or rented, or to the interest they shall claim therein,
to the satisfaction of the receiver, in every such case
all the provisions contained in an Act passed in the
fifth year of his present Majesty's reign, intituled,
" An Act for more effectually paving, lighting,
watching, cleansing, and regulating. the Regent's-
park, together with the new street from the Re-
gent's-park to Pall-mall, and the new streets and
improvements in the neighbourhood of Parliament-
street and Privy-gardens, and for maintaining a con-
venient sewage for the same," with regard to the
valuation of estates and interests by a Jury, the con-
clusive effect of the verdict of the Jury, and all mat-
ters preparatory to, concomitant with, and conse-
quent or contingent upon the valuation by a Jury,
shall, so far as the same are or can be applicable, be
applied and extended to the valuation of any la►►d or
buildings required for the purposes of this Act, in as
full and ample a mariner, to all intents and purposes,
as if those provisions had been repeated and ex-
pressly re-enacted in this Act; and all such matters,
as by those provisions of the said Act are autho-
rised or required to be done by the Sheriff of the
County of Middlesex, or by a Jury of that County,
shall, under this Act, be done by the Sheriff of the
county, and by a Jury qualified to try causes at Nisi
Prins, in the county in which the premises to be
valued shall be situate; and all such matters as by
those provisions of the said Act are authorised or re-
quired to be done by the Commissioners therein
mentioned, shall, under this
-Act, be done by the re-
ceiver for the time being.
And be it enacted, that no Justice of the Peace
or receiver appointed by virtue of this Act, shall,
during the continuance of such appointment, be ca-
pable of being elected or of sitting as a Member of
the House of Commons; and no Justice, Receiver,
or person belonging to the police force appointed by
virtue of this Act shall, during the time that he shall
continue in any such office, or within six calendar
months after he shall have quitted the same, be ca-
pable of giving his vote for the election of a Member
to serve in Parliament for the counties of Middlesex,

Surrey, Hertford, Essex, or Kent, or for any city or
borough within the Metropolitan Police District, nor
shall by word, message, writing, or in any other
manner, endeavour to persuade any elector to give,
or dissuade any elector from giving, his vote for the
choice of any person to be a Member to serve in
Parliament for any such county, city, or borough;
and if any such Justice, Receiver, or person belong-
ing to the police force, shall offend therein, he shall
forfeit the sum of one hundred pounds, to be reco-
vered by any person who will sue for the same by
action of debt, to be commenced within six calendar
months after the commission of the offence ; and one
moiety of the sum so recovered shall be paid to the
informer, and the other moiety thereof to the Re-
ceiver appointed under this Act, to be by him added
to and applied as part of the police rate for the pur-
poses of this Act ; provided always, that nothing in
this enactment contained shall subject any such Jus-
tice, Receiver, or person belonging to the police force
to any penalty for any act done by him at or con-
cerning any of the said elections in the discharge of
his official duty.
And whereas some time must elapse before a new
police force can be appointed throughout the whole
of the Metropolitan Police District ; be it therefore
enacted, that the watchmen and other of the night
police already appointed in any parish, township,
precinct or place within the limits of the said dis-
trict, may, notwithstanding the passing of this Act,
continue to act in their respective appointments,
and shall be subject to the same authorities and re-
ceive the same allowances as heretofore, until it

shall be notified by the Justices appointed under
this Act, or any two of them, that a new Police will
be ready to undertake the charge of any such pa-
-1

risk, township, preciuct or place, on some day to ba
specified in the notice of the said Justices, which
notice shall be fixed on the door of the Church or
Chapel, or some other conspicuous part of the pa-
rish, township, or precinct or place, on two Sundays
previous to the day named for the same to take
effect ; and upon the day so named the night watch
and other night police appointed within any such
parish, township, precinct or place, previously- to or
independently of this Act, shall he discontinued.
levying any rate in
.any such parish,
iusapley? t;opl:oe:rvlcdyii
itiiinacdgti(lt independently
Ndyveeitri)alitaltycetei
noi:df this
and all powers and authorities for assessing and
d
d
township, pre-
any
s au-
tAchumeoc
tsiolepirasarrfi
sbaricie
,e
ad,
siltos)oecr
ghtni
h
the
Whoie or any part of which rate shall be
applicable to the payment of the night watch
or night police, or any expences incident there-
to, shall, so far as such powers and authorities
relate to any whole rate so applicable, or to that
part of any rate which shall be so applicable, cease
and determine; and all watch-houses and watch-
boxes in any such parish, township, precinct or
place, and all arms, accoutrements and other neces',,
series provided at the public expense for the night
watch and night police therein, shall be given up to
sudi persons as shall be named by the said Justice,
or any two Of them, for the use and accommodation
of the police to be appointed under this Act ; and
in case any person having the charge, controul, or
possession of any watch:house, watch-box, arms,
accoutrements or necessaries aforesaid, shall neglect
or refuse to give up the saLne as hereinbefore re-
quired, every such offender, being' convicted thereof
before any two Justices of the Peace, `hall for every
such offence forfeit and pay, over and 'aa'°ve the
value of the property not given up, such sun.-,
exceeding fire pounds, as the said Justices shall thuo-z
meet.
Provided always, and be it enacted, that any rate
for defraying the expences of the night watch or
night police in any parish, township, precinct or
place, made previous to the day on which the police
force to be appointed under this Act shall undertake
the charge thereof, shall be levied and collected in
the same manner as if this Act had not been pass-
ed; and all the moneys levied and collected undue
any such rate, which 'shall not be-required to defray
such expences in any such parish, township, precinct
or place, shall be paid over by the person or persons
who shall have received the same, cr in whose hands
the same shall be, to the receiver appointed under
this Act ; provided also, that nothing herein con-
tained shall be deemed to affect or alter any powers
or authorities for assessing and levying any rate in
any such parish, township, precinct or place, so far
as any such rate may relate to paving, lighting;
cleansing, or any other object, except the night
watch, night police, or any expences incident thereto,
And he it enacted, that the Justices appointed
under this Act, or any two of them, subject to the
approbation of one of his Majesty's principal Secre-
taries of State, may order such a number of watch-
boxes as they shall from time to time think fit to be
placed or fixed in such parts of the highways in any
of the parishes, townships, precincts and places
within the Metropolitan Police District, as the said
Justices or any two of them shall deem most con-

venient..
And be it enacted, that as soon as the police to
be appointed wider this Act shall begin to do duty
in any parish, township, precinct or place, whether
parochial or extra-parochial, within the Metropolitan
Police District, it shall be lawful for the Justices
appointed under this Act, or any two of them, fort!:.
with, and so from time to time at the ex;:atio"
of
every succeeding half-year, subject to the approba-
tion of one of his Majesty's principal Secretaries of
State, to issue a warrant under their hands to the
overseers of the poor of every such parish, township,
precinct or place; by which warrant they shall
command the said overseers to levy the amount
mentioned therein, as a rate for the purposes cf the
police under this Act, and to levy the same upon
the respective inhabitants or occupiers of all property
rateable to the relief of the poor in such parish,
township, precinct or place, according to a certain
pound rate, to be specified in the warrant, and ac.
cording to such valuation of the said property as may
for the time being be acted upon in making the rate
for the relief of the poor ; and that the overseers
shall pay over the amount mentioned in the warrant
to the receiver to be appointed under that Act,
within forty days from the delivery of such warrant
to any one of the overseers; provided always, that
the sum to be levied as a police rate under this Act,
shall not exceed in the whole in any one year the
rate of in the pound on the yearly

value of all property rateable for the relief of the
poor within such parish, townshiz, precinct or plactie
And be it enacted, that where there shall be no
Overseers of the Poor so called for any particular
parish, township, precinct or place within the Me-
tropolitan Police District, but there shall be any per-
sons who shall, by virtue of any office, execute
therein any of the duties of Overseers of the Poor,
such persons, by whatsoever title they may be called,
shall be deemed to be Overseers of the Poor within
the meaning of this Act, and for all the purposes of
this Act, as fully as if they were called or ',mown by
the title of Overseers of the Poor.

And be it enacted, that the Overseers of
Poor of every parish, township, precinct or placd
within the Metropolitan Police District, shall, upon
the receipt of any warrant for levying the police rate
under this Act, proceed to levy the amount men-
tioned in such warrant in the same manner, and
shall have the same powers, remedies, and privileges
as for levying money for the relief of the poor ; and
shall, for their trouble, be allowed such remunera-
tion as ono of his Majesty's principal Secretaries 9(
State shall from time to time direct, but so as that
such remuneration shall not exceed in the whole, for
all the Overseers of any one parish, township, pre=
cinct, or place, the rate of in the pound upon
the net moneys paid by them to the Receiver, and
shall not become due until the whole of the Ellin
mentioned in the warrant shall be duly accounted
for; and if such Overseers shall pay to the Receiver
the amount mentioned in the warrant, before the
same shall be levied as aforesaid, they may after-
wards proceed to levy the same, in order to reim-
burse themselves that amount ; and the Overseers,
at the time of making any payment to the Receiver,
shall deliver to him a note in writing, signed by them,
specifying the amount so paid, which note shall be
kept by the Receiver, as a voucher for his receipt of
that particular amount ; and the receipt of the Re-
ceiver, specifying the amount pail to him by the
Overseers, shall be a sufficient discharge to the
Overseers for such amount, and shall be allowed as
such in passing their accounts with their respective
parishes, townships, precincts or places.
And be it enacted, that in case the amount order-
ed by such warrant as aforesaid to be levied by the
Overseers in any parish, township, precinct or place
in the metropolitan district, shall not be paid to the
Receiver within the time specified for that purpose
in the warrant, the Justices appointed under this
Act, or any two of them, upon complaint thereof
made to them by the Receiver, may issue their war-
rant for levying the amount, or so much thereof as may
be in arrear, by the distress and sale of the goods of all
or any of the said Overseers ; and in case the goods of
all the overseers shall not be sufficient to pay the same
the arrears thereof should be added to the amount of
the levy which shall be directed to be made in
such parish, township, precinct or place for the
police rate in the half year then next ensuing, and
shall be collected by the like methods; and such
arrears shall be apportioned according to the
same proportions as the original rate, or as near
thereto as circumstances will admit ; and the said
Justices, or any two of them, in case of any default
or neglect, or the apprehension of any default or
neglect, of any Overseer or Overseers, or in any
other case in which one of his Majesty's principal
Secretaries of State shall so direct, may appoint two
or more persons to act as Overseers of the Poor
within any parish, township, precinct or place in the
Metropolitan Police District, for the purpose of
levying the police rate under this Act ; and the pet-
sons so appointed shall proceed in the same manner

and shall. have the same powers, remedies, and
privileges, and 'shall be subject to the same regula-
tions and penalties, with reference to the levying
of such police rahe, as if they had been appointed
Overseers of thehoor by virtue of any law or laws
now in force.
Provided always, and be it enacted, tint if any
person from whom any sum•of money shall be dt.
minded on account of any police rate to be levied
under this Act as aforesaid, shall think himself

aggrieved on the ground that such sum is not accord-
ing to to the pound rate specified in the warrant of
the Justices, or is not according to the valuation of
his property which may for the time being be acted
upon in making the rate for the relief of the poor in
the parish, township, precinct, or place in which his
property may be situated, such person may, within
ten days after such demand, appeal to any two br
the Justices of the Peace appointed to act at any
14 the Police Offices now established in Middlesex
and Surrey, provided that the person so intended to
appeal shall give to the Overseers of the poor of
such parish, township, precinct or place, a notice in
writing of such appeal, and of the ground thereof,
and at which of the said Polite offices the same is to
be beard,five days at least before the hearing thereof;
and any two d the Justices at such office are hereby
authorised and required, within the tcn days bere
inbefore mentioned, or at some adjournment tbereot,
to examine into the matter of the appeal, although
the case may have arisen in a county different from
that in which the said Justices may then be sitting;
and they may for that purpose bear the parties, and
summon and examine upon oath any witnesses, and
give such relief, or make such order in the premises
as to them shall seem just, and their decision there-
on slutli be final and conclusive.

And whereas it is expedient to provide for those

eases in which the valuation of property acted upon
in making the poor-rate, may be inadequate end un-
fair with reference to the police-rote under this Act ;
be it therefore enacted, that if any two of the
Justices to be appointed tinder this Act shall be
dissatisfied with the valuation of property rateable
for the relief of the poor which may be acted upon
for the time bring in any parish, township, precinct,
or place, whether parochial or extra-parochial, in
the Metropolitan police district, the said Justices,
with the approbation of one of his Majesty's princi-
pal Secretaries of State, tliay, by warrant under
their hands, appoint two or more proper per-
sons to be assessors, for the purpose of asses-
sing the fair annual value of such property,• and
rating the same to the police-rate to he levied
under this Act ; and such assessors shall, within
forty days after the delivery to them of the warrant
of their appointment, make, sign, and return to the
said Justices an assessment for the parish, township,
precinct or place named in such warrant, and the
assessment shall be fairly written in a book, and
ahull specify in different columns the names of the
respective inhabitants or occupiers of any property
rateable to the relief of the poor, the fair annual
value of such property, and the amount of police
rate charged in respect of such property on the in-
habitants or occupiers thereof, and when the pre-
mises shall be unoccupied, the fair annual value
thereof to let ; and the said assessors shall be allow-
ed for their trouble and expences such remuneration
as one of his Majesty's principal Secretaries of State
shall direct. and the same shall be paid out of the '
amount tit the police rate which shall be collected
after such assessment.
And be it enacted, that it shall be lawful for any
-Assessor appointed under this Act, or any other
person having an order under the hands of any two
of the Justices appointed under this Act, to inspect
•any rate made or to be made for the relief of the
poor, and also any assessment for the house tax, in
any such parish, township, precinct or place within
the metropolitan police district as shall be named in
such order, and to take copies or extracts from such
rate and assessment without payment of any fee or
reward, and if any person having the custody of any
such rate or assessment shall wilfully neglect or re-
fuse to permit any such assessor or other person to
inspect the same, or to take copies or extracts
from the same, within two days after such order
shall have been produced and shown to him, or a
copy thereof left. at his usual place of abode, he
shall, on conviction thereof before any two Justices
of the Peace, forfeit and pay for every such offence
such sum, not exceeding ten pounds, as they shall
think meet.,
And be it enacted, that where the value of the
iateable property in any parish, township, precinct
or place in the metropolitan police district shall have
been assessed by any assessors as aforesaid, and such
tasessment shall be allowed by the Justices ap-
pointed under this Act, or any two of them, public
.notice of the assessment so allowed, and of die place
where the same may he inspected, shall Le given in
the Church or Chapel of the parish, township, pre-
ciiict or pine to which such assessment shall relate,
upon the Sunday next, or next but ore, after the
same shall have been so allowed; and the overseers
of the poor, or any other person in whose custody
such assessment may be, shall permit every inha-
bitant or occupier of property included in such as-
sessment to inspect the same, and to make any ex-
tracts therefrom, without-payment of any fee or re-
ward : and if any overseer or other person shall
willfully neglect or refuse to permit any such inha-
bitant or occupier to inspect such assesment, or to
make any extract therefrom, he shall, on conviction
thereof brfore any two Justices of the Peace, forfeit
an.l pay for every such offence, such sum, not ex-
ceedingfive pounds, as the Justices shall think meet.
And be it en,:cted, that every assessment of pro-
perly made by assessors appointed tinder this Act
shah bind and conclude all parties named therein,
hilless the same shall be disputed by the giving a
notice of appeal, and also entering into a recogni-
zance as hereinafter particularly mentioned ; and in
case such assessment 'shall be appealed against as to
certain particulars, it shall nevertheless be binding
and conclusive as to all other particulars; and the
amount of police rate charged in respect of such
parts of the assessment as shall not be appealed
against, may be levied as if no such appeal had been
made, and the Overseers of the Poor shall proceed
to levy
the
amount in the same manner, and shall
have the same powers, remedies, and privileges as
for levying money for the relief of the poor, and
shall pay over such amount to the Receiver to be
appointed under this Act, or in default thereof shall
be proceeded against in the manner hereinbefore
mentioned in that behalf; and the proceedings for
levy;ng the Pblice Rate shall be stayed only with
respect to those parts of the assessment which shall
be disputed, by giving a notice of appeal, arid also
entering into a recognizance, as is hereinafter par-
ticularly mentioned.
And be it enacted, that if any person shall think.
himself aggrieved by any assessment made by asses-
sors appointed under this Act, on the ground that
such assessment includes any property for which he
is not legally rateable, or that it assesses his rateable
property beyond its fair annual value, or that any
person or persons is or are omitted "out of such as-
sessment, or that the property of any person or per-
sons is assessed below its fair annual value, the per-
son so aggrieved may appeal to the next Court of
General or Quarter Sessions which shall be holden
for the county in which the cause of appeal shall
have arisen,' not less twenty-one days after the pub-
lication of such assessment in the Church or Chapel
as hereinbefore mentioned : provided that the person
so intending- to appeal shall give to the Receiver to
he appointed under this Act a notice in writing of
such appeal, and of the cause and matter thereof,
Within seven days after such publication of the as-
sessment, and within ten clear days at the least be-
fore such Sessions, and shall also, within three days
after his notice of appeal, enter into a recognizance
before some Justice of the Peace of the county, with
two sufficient sureties, -conditioned to try. "'such ap-
peal at the said Sessions, and to abide the order of
the Court thereupon, and to pay such costs as shall
be by the Court awarded.;,and in case such person
shall appeal on the ground that any person or per-
sons is or are omitted out of the assessment, or that
tiae property of :iny person or persons is assessed be-
low 45 ilk “Uttuttl yttlue, the party 59 appealing 511411

not only give such notice or appeal to the Receiver,
and enter into such recognizance as aforesaid, but
shall also give a like notice of appeal to the person
or persons so interested in the event of such ap-
peal as aforesaid, and shall enter into a like-recog-
nizance within the times hereinbefore respectively
mentioned; and the person or persons so interested
shall, if he or they shall desire it, be heard 'upon the
appeal; and the Justices of the recce at such Ses-
sions, or some adjournment thereof, upon due proof
of the notice having been given, and of the recog-
nizances having been entered into as aforesaid, shall
hear and determine the matter of appeal in a sum:.
mary manner) and shall make 'such order theteiM,
with or without cost's to either party, as the said
Justices shall think proper; and in case the said
Justices shall think the appellant entitled to relief,
they shall order the assessment to be amended in
such manner as may he necessary for giving him
relief; and in case he shall have appealed on the
ground that any person or persons is or are omitted
nut of the assessment; the said itnstfees may order
the name or haet of such person or persons to be
inset ied in the assessment, and to be therein rated
at such amount as they shall deem just ; and in case
the appellant shall have appealed on the ground that
the property of any person or persons is assessed
below its fair annual value, the said Justices may
Order the amount at which such person or persons
is or are rated in the assessment, to be altered in
such manner as they shall deem just ; and the pro-
per officer of the Court shall in each of the cases
aforesaid forthwith amend the assessment accord-
ingly, but the assessment shall not be quashed or
altered with respect to any other persons named
therein; and the determination of the Justices at
any such Sessions or adjournment shall be final and
conclusive.

And whereas it is expedient to provide for
those precincts and places in the Metropolitan
Police District in which no rate is made for
the relief of the poor, or in which property
may be deemed not to be rateable thereto; be it
therefore enacted, that the respective inhabitants
and occupiers of all messuages, lands, tenements,
nod hereditaments in any precinct or place, whether
parochial or extra-parochial, in the Metropolitan
Police District, although such messuages, lands, te-
nements, and hereditaments may not be rated to
the relief of the poor, or may be deemed not to
be rateable thereto, shall nevertheless be liable to
contribute to the police rate under this Act as if the
property so inhabited or occupied were rateable and
rated to the relief of the poor; and any two of the
Justices appointed under this Act may by warrant
under their hands, nominate assessors to assess the
fair annual value of all such property, and to rate
the same to the police rate under this Act ; and
such assessor shall have the like powers and privi-
leges, and shall proceed in the like manner as has
been hereinbefore-menticned with reference to as-
sessors; and all provisions hereinbefore contained
with regard to the allowance, notification, and in-
spection of anv assessments made by assessors appoint-
ed under this'Act, and also with regard to the binding
and conclusive effect of such assessments, and the
grounds of appeal against the same, and the notice
and recognizance preparatory to the appeal, and the
proceedings of the Justices relative to the appeal,
shall apply and be enforced with regard to any as-
sessments which shall be made under this Act in
any precincts or places not rated or deemed not to
be rateable to the relief of the poor, as fully and
effectually as if those provisions were here repeated
and expressly re-enacted with regard to assessments
in such precincts and places; and any two of the
Justices appointed under this Act shall nominate
one or more person or persons for levying the
amount of police rate in any such precinct or place,
who shall proceed in the same manner, and shall
have the same powers, remedies, and privileges,
and shall be subject to the same regulations and
penalties, with reference to the levying of such po-
lice rate, as if he or they were an overseer or over-
seers of the poer in a precinct or place rated to the
relief of the poor, and shall pay over the amount
of such police rate to the receiver to be appointed
under this Act, or in default thereof shall be pro-
ceeded against in the same manner as overseers
are by this Act to be proceeded against for non-
payment cf the police rate.
And whereas circumstances may occur which may
render it expedient that the provisions of this Act
should extend to other places within a certain di -
tance of the metropolis, in addition to the places
which are enumerated in the Schedule to this Act;
be it therefore enacted, that it shall be lawful for his
Msjesty from time to time by the advice of his Privy
Council, to order that any parishes, townships, pre-
cincts, and places in the counties of Middlesex,
Surrey, Hertford, Essex, and Kent, of which any
part shall be situate within twelve miles of Charing-
cross, in the city of Westminster, shall, after a cer-
tain day be named in such order, be added to and
form part of the 111et:opolitan Police District, and
be placed under the charge of a Police ft be ap-
pointed under this Act ; and all provisions herein-
before contained with regard to the discontinuance of
the night watch and night police appointed previously
to or independently of this Act, the cessation of their
powers, the cessation of the powers for levying
watch rotes, the giving up cf watch-houses, watch-
boxes, arms, accoutrements, and other necessaries, to-
gether with the penalties for neglect or refusal in
that behalf, and the exception as to any watch-rate
previously made, and also all provisions hereinbefore
contained with regard to tl.e levying of the polices
rate, the amount of such rate, the payment thereof
to the receiver, the remuneration to overseers, the
proceedings against overseers for default, the addi-
tion of arrears to the next levy, the appointment of
persons to act as overseers, the appeal against the
police-rate to the Justices at the police-offices, and
all provisions with regard to the assessment of the
annual value of rateable property, and the rating of
the same to the police-rate by assessors appointed
under this Act, and with regard to the powers and
duties of such assessors, as well as all other matters
whatsoever previous to, concomitant with, or conse-
quent or contingent upon, such assessment, shall
apply and be enforced in every parish, township,
precinct, and place which shall, by order in Council,
be added to the metropolitan police district, as fully
and effectually as if such parish, township, precinct
or place, had been originally included in such district
by virtue of this Act.
And for the more effectual prosecution of offences
punishable upon summary conviction, by virtue of
this Act, be it enacted, that where any person shall
be charged on the oath of a credible witness with
any such offence before any Justice of the Peace,
the Justice may summon the person charged to ap-
pear before any two Justices of the Peace, at a
time and place to be named in such summons; and
if the person charged shall not appear accordingly,
then (upon proof of the due service of the sum-
mons by delivering a copy thereof to such person,
or by delivering a copy to the wife or servant, or
some adult inmate of the family of such person at
his usual place of abode) the Justices before whom
lie ought to have appeared, may either proceed to
hear and determine the case ex-parte, or may issue
their warrant for apprehending such person and
bringiog him before them ; provided always, that
• the prosecution for any offence punishable upon sum-
' mary conviction by virtue of this Act, shall be corn-
, menced within three calendar months after the corn-
, mission of the offence, and not otherwise.

And be it enacted, that every sum which by any
Justices of the Peace shall be adjudged to be paid for
any offence against this Act, shall be paid to the re-
ceiver appointed under this Act, to be by him added
to and applied'as part of the police rate; and no
person, although rated or liable to be rated to the
police rate under this Act, shall by reason thereof, or
by reason of the application of any penalty to the
use of such rate, be deemed to be an incompetent
witness before any Court of Justice or Justices of
the Peace, in any proceeding whatever for any
offence 'agaiust this Act, or in any matter relating to
the police rate, or in any other matter mentioned in
this Act : and no Justice of the Peace shall be dis-
abled from acting in the execution of this Act by

reason of lti-$ being rated or liable to be rated to the
police rate.
And be it enacted, that the Sustices of the Peace

by whom any 'person shall be convicted and ad-
judged to pay any sum Of money for ally offence
against this Act, May adjudge That such person Shall
pay the same either immediately or within such pe-
riod as they shall think fit; and that in default, of
payment at the time appointed, he shall be impri-
soned in the House of Correction for any term not
exceeding two calendar months, where the sum to
be paid shall not exceed fine pounds, and for ahy
term not eiceedingfouo Calendar Months where the
slim shall hot exceed len pounds, and for any term
not exceeding six calendar months in any other.
case, the imprisonment to cease in each of the cases
aforesaid upon payment of the sum due.
And be it enacted, that the Justices before whom
any person shall be summarily convicted of any
offence against this Act tray cause the convittion to
be drawn up in the following form of words, or in
any other form of words to the same effect, as the.
case may require; that is to say--
" Be it remembered, that on the
to wit: 5 day of in the year of our Lord
in the county of A. B.
is convicted before us (naming the Justices), two
of his Majesty's Justices of the Peace, for the said
county, for that the said A. B. did (specify the of-
fence, and the time and place when and where the
same was committed, as the case may be) ; and we
the said Justices adjudged the said A. B. for his
said offence to forfeit and pay the sum of
(here state the amount of the sum to be paid), and
in default of immediate payment of the said sum,
to be imprisoned in the for the space
of unless the said sum shall be
sooner paid; (or, and we order that the said sum
shall be paid by the said A. B. on or before the
day of and in default of the
payment on or before that day, we adjudge the said
A. B. to be imprisoned in the for
the space of unless the said sum shall

be sooner paid) ; and we direct that the said sum
shall be paid to the receiver for the
Metropolitan Police District, to be by him applied
according to the Act passed in the tenth year of the
reign of his Majesty King George the Fourth, in-
ti ruled, ' An Act for improving the police in and near
the metropolis.' Given under our hands the day
and year first above mentioned."
And be it enacted, that no conviction, order, war-
rant or other matter, made or purporting to be made
by virtue of this Act, shall be quashed for want of
form, or be removed by certiorari or otherwise into
any of his Majesty's Courts of Record at West-
minster; and no warrant of commitment shall be
held void by reason of any defect therein, provided
that it be therein alleged that the party has been
convicted, and there be a good and. valid conviction
to sustain the same; and where any distress shall be
made for levying any money by virtue of this Act,
the distress itself shall not be deemed unlawful, nor
the party making the same be deensed a trespasser
on account of any defect or want of form in the
summons, conviction, warrant of distress, or other
proceedings relating thereto; nor shall the party dis-
training be deemed a trespasser, ab initio, on ac-
count of any irregularity afterwards committed by
him; but the person aggrieved by such irregularity
may recover full satisfaction for the special damage,
if any, in an action upon the case.
And for the protection of persons acting in the
execution of this Act, be it enacted, that all actions
and prosecutions to be commenced against any per-
son for any thing done in pursuance of this Act,
shall be laid and tried in the county where the fact
was committed, and shall be commenced within six
calendar months after the fact committed, and not
otherwise; and notice in writing of such action and
of time cause thereof, shall be given to the defendant
one calendar month at least before the commence-
ment of the action; and in an such action the de-
fendant may plead the general issue, and give this
Act aad the special m•itter in evidence as to any
trial to be had thereupon ; and no plaintiff shall re-
cover in any such action if tender of sufficient
amends shall have been made before such action

brought, or if a sufficient sum of money shall have
been paid into Court after such action brought by
or on behalf of the defendant ; and if a verdict shall
pass for the defendant, or the plaintiff shall be be-
come nonsuit or discontinue any such action after
issue joined, or if, upon demurrer or otherwise,judg-
ment shall be given against the plaintiff, the defend-
ant shall recover his full costs as between attorney
and client, and have the like remedy for the same,
as any defendant hath by law in other cases; and
though a verdict shall be given for the plaintiff in
any such action, such plaintiff shall not have costs
against the defendant, unless the Judge before whom
the trial shall be shall certify his approbation of the
action and of the verdict obtained thereupon.
Provided always, and be it enacted, that nothing
in this Act contained shall affect or alter an Act
passed in the third year of the reign of his present
Majesty, intituled, " An Act for the more effectual
administration of the office of a Justice of the Peace

in and near the metropolis, and for the more effec-
tual prevention of depredations on the river Thames
and its vicinity for seven years," or an Act passed
in the sixth year of the present reign, intituled," An
Act to amend an Act for the more effectual admini-
stration of the office of Justice of the Peace in and

near the metropolis."
And be it enacted, that this Act, or any part
thereof, may be repealed or altered at any time
within the present Session of Parliament.
And be it enacted, that this Act shall be deemed
to be a public Act ; and shall be judicially taken
notice of as such by all Judges, Justices, and other
persons whatsoever, without the same being spe-
cially pleaded.

Despatches were received yesterday at the
Foreign-office, from Mr. MATrnEvt-s, his Britannic Ma-
jesty's Consul at Lisbon, and from Lerd STEWAXtT DE
ROTHSAV, our Ambassador at Paris.

Despatches, bearing date 9th Mardi, were
yesterday received at the Colonial Office, from Major-
General Sir B. D'URCAN, the Governor of Demerara and
Essequibo, and from Lieut.-Colonel ARTHUR, the Gover-
nor of Van Dieinan's Land.

--- -
The Ministerial changes resulting from the
opposition given by certain persons to the Roman Catho-
lic Relief Bill, will be fewer, and of less importance, than
was anticipated even by the parties themselves. The
whole of what is called the LONSDALE party, wko, it will
be remembered, tendered their resignation (which tender
was received, but sot acted upon), will quietly, and with-
out remark, resume their functions. The important de-
partment of the Woods and Forests, and the confidential
office of JUDGE ADVOCATE GENERAL (the first held by
the son, the second by the son-in-law of the Earl of Loris-
DALE), with some other minor appointments, are to re-
main with the pre:,ent possessors.—Morning Chronicle.

Fashionable gossip revives the report, and
with increased confidence, that the explanation to be given
in the House of Lords immediately after the Easter Re-
cess, of the circumstances which led to the recal of a late
popular Vicznor, will necessarily bring before the public
the domestic affairs of a Noble MauQv's and his MAR
CHIONESS, as it is affirmed, without circumlocution—tbat
the refusal of a place on the Iri-h Pension List to the
Noble Lady in question, was the real dignus Vindice
Ncdus.—Morning chronicle.

In some of the anti-Catholic prints an insi-
nuation has been thrown ot.t that Sir WALTER SCOTT'S
conversion to the principles so admirably sustained in the
Edinburgh petition in favour of emancipation, was very
sudden. We contradicted this some time ago from good
authority ; but as no authority is so good as the distin-
guished writer's own words, we beg leave to quote the
.following passage from his Life of Cumberland, vol. iii.,
p. 221, of his Miscellaneous Prose Works, written, as
appears by the advertisement, antecedent to 1825. Speak-
ing of the character of Major O'Flaherty, he says—" It
could only have been drawn by one who, like Cumnan-
Lawn, had enjoyed repeated opportunities of forming a true
estimate of the Irish Gentleman ; and the Austrian cockade
in his hat might serve to remind 'the British Administra-
tion that they had sacrificed the services of this noble and
martial race to unjust restrictions and' political prejudices•"

COLO*IA AND PERU.

The following documents, which hafe 4peared
at various times in the Colombian Papers, relate to
the war between that republic and Peru. We were
Compelled to omit them before by the pressure of
more important matter.

(From the Gaceta de Colombia of Dec. 23, 1828.)
" COLOMBIA AND PERU.

" BOGOTA, JuLT 31, 1825.

" Most Excellent Sir,—lt is expedient that the
war hi ‘thich our respective Republics hare un-
happily engaged should be brought to a speedy con-
clusion : the welfare and happiness of both countries
require it, and the Government of Colombia most
earnestly desires ir, in order that all animosity be-
tween two sister nations, friends and allies, may en-

tirely disappear, and that concord and good under-
standing may be re-established. For this purpose,
inasmuch as it is impossible to come to any under-
standing during hostilities, I have commissioned
Colonel D. F. O'Leary to arrange and definitively
conclude an armistice, which will be the beginning
of the reconciliation and the preliminary of peace.

I trust that the good qualities which adorn Culonel
O'Leary, and which are not unknown to your Ex-
cellency, will render his mission successful, and gain
him the esteem and goodwill of yeur Excellency ;
and for the same reason I hope your Excellency
will give full credit to whatever he may do in the
name of this Government; above all when he as-
sures your Excellency of the sentiments of consi-
deration with which I am your attentive servant,
(Signed) " SLMON BOLIVAR.
" ESTANISLAO VERGARA, 'Secretary of Fo-
reign Affairs.
" To the Most Excellent the President of the

" Republic of Peru."

" REPUBLIC OF COLOMBIA.

" QUITO, AUG. 30, 1828 (18.

" TO THE MINISTER OF FOREIGN AFFAIRS OF PERU.

" Sir,—The undersigned has the honour to. com-
municate to the Minister of Foreign Affairs of Perti,
that having been appointed by the Government of
this Republic Commissioner to that of Peru, he has
arrived at this city, of which he thinks it his duty to
apprise the Minister he has the honour of addressing,
and to remit a copy of his credentials; at the same
time the underwritten thinks it proper to inform the
Minister, that to-morrow he goes to Guayaquil,
where he shall remain till he receives a safe conduct
and the necessary passports to proceed to Lima. It
is highly flattering to the underwritten to have been
chosen by his Government for a mission, the object
of which is to avoid a war,. and fix the preliminaries
of a solid peace bet Ween Colorribia and Peru.
" The undersigned requests the 11Iinister he is
now addreSsing will be pleased to make this commu-
nication known to his Excellency the President of
Peru.

" The Commissioner of Colombia begs the Minis-
ter of Foreign Affairs will accept the sentiments of
esteem and respect with which he has the honour to
subscribe himself his attentive and obedient servant,
DANIEL F. O'LEARY."

" PERUVIAN REPUBLIC.

" FOREIGN OFFICE, PALACE OF GOVERNMENT.

" LIMA, SEPT. 30, 182E3 (9).

" Sir,—The Minister of Foreign Affairs of Peru
has the honour to reply to the note of the Commis-
sioner of General Bolivar, dated Quito, August 31,
and accompanied by a copy 'of his credentials, for
the purpose of arranging an armistice which is to he
the preliminary of peace. The GovernMent of
Peru loves peace as sincerely as it abhOrs the war
in which the nation it presides unfortunately finds
itself engaged, and therefore cannot but admit the
mission of Colonel O'Leary. His Excellency the
Vice-President of Peru, desirous of accelerating the
good effects of the mission, and of preventing any
obstacles from occurring after its commencement,
wishes to know, previously to sending the safe con-
duct. and passports to the CoMmiiiioner, what are
the principal bases upon which the negociatiOn is to
be commenced; which data, 'although not always
'requisite, yet must be alloWed to be in the present
case, in consequence of the peCuliar circumstances
of this unfortunate misunderstanding:
" The underwritten cordially returns the senti-
ments of esteem with which Colonel O'Leary sub-
scribes himself his attentive servant,

" MANUEL DEL RIO,
" Minister of Foreign Affair!."

" REPUBLIC OF COLOMBIA,

" COMMISSLON OF THE GOVERNMENT OF COLOMBIA TO
THE GOVERNMENT OF PERU..

" TO THE MINISTER OF FOREIGN AFFAIRS OF PERU.

" Sir,—The Commissioner of his Excellency the
Liberator, President of Colombia, has had the ho-
nour of receiving the note of the Minister of Fo-
reign Affairs of Peru, dated the 30th of September
last, in which, after signifying the love of peace and
abhorrence of war which animate his Government,
and its desire of accelerating the good effects'of the
mission with which the underwritten is intrusted,
wishes previously to know what are the bases upon
which the negotiation is to be entered into.
" The undersigned observes with sorrow a mani-
fest contradiction between the desire of peace which
the said note expresses, and the means of obtaining.
it proposed by Mr. Rio. The great distance be-
tween Lima and this city makes the communication
difficult. Nearly two months. have elapsed from the
time the underwritten solicited a safe conduct, to
the day on which' he received the reply. Two more
will elapse in fresh replies, and perhaps during that
interval blood will be shed which ought to be spared;
but the Government of Peru, in whose power it is
to avoid these evils, is alone responsible for the
result.

" The undersigned, participating in the sincere
desires of peace which guide this Government,
hastens to remove the new difficulties created by
the Government of Peru, in exacting a condition
which Mr. Rio confesses is not always necessary,
and which is, in fact, very unusual. His Excel-
lency the Liberator President has not imposed upon
the undersigned any restrictions, nor has he confined
him by any basis as conditions sine qua non. His
wishes for peace are as cordial as the powers are
ample which he has granted to his commissioner.
" To re-establish a good understanding between
Peru and Colombia, the President of the latter Re-
public only requires what is just. Strict justice will,
then be the basis upon which the negotiation for
peace is to be commenced.
• " The 'undersigned, notwithstanding the note to
which he is now replying, and the exalted discourses
which the Editors of Peru attribute to their Chief
Magistrates make him fear that the happy epoch of a
sincere reconciliation is yet distant, still repeats his
request that the Gocernmerst of Peru will send him
the necessary safe conduct for himself and his suite
to proceed to Callao in a ship of -war of their na-
tion, or that it will send to this city a Commissioner
fully authorised to arrange and definitively conclude
an armistice. For this purpose, and to accelerate
the neetiations, •the undersigned has the honour to
transmit to Mr. Rio a blank safe conduct ; but if the
Government of Peru refuse to accept these frank
proposal, the undersigned most solemnly protests
that that Government is and shall be responsible for
all the evils that may occur in case the differences
between Colombia and Pent are left to the decision
of the sword.

" The undersigned takes the liberty of pointing
out to the Minister of Foreign Affairs an irregula-
rity which he has committed, in addressing the note
to which the undrrwritten is now replying, to the
Commissioner of his Excellency General Bolivar.
Always disposed to excuse faults which may have
been involuntary committed, the undersigned is not
inclined to consider in the light of a fresh insult to
the Colombian nation the motives of this complaint,
and he therefore rather attributes it to a doubt as to
the title his Excellency the President Liberator
might have received since the people confided to
him the unlimited command of the Republic.
" The annexed decree will inform the Minister of
Foreign Affairs that his Excellency has preserved

the deikninll.liers- which the law and the voice of
tie ijeeN%bave cianfei'red lip; and the un-
dersigned is under the necessity ecdichiring that he
will not, in future, receive any communication in
whiCh they, are not set forth whenever allusion is
made to the Chief of Colombia.

" The undersigned, in concluding tliis note, feels
a real satisfaction in repeating to Mr. Rio the senti-
ments of the most distinguished esteem and consi-
deration with which he has the honour to be his
very attentive servant,
" DANIEL F. O'LEARY." .

" Soldiers ! I come to place myself at your head,
to share the dangers and the glory of the campaign
to which you are provoked. The sworn enemy of
Peruvian independence ; the violator of our na-
tional rights—he who cannot hear you called vir-
tuous without being furious with anger,—the only
man who proclaims despotism in the continent of
America—General Bolivar has dared to 'declare war
against us; his presence on the frontiers being to
serve as a signal for the combat. You will conquer
the arrogant slaves who accompany him in so fra-
tricidal an enterprise; you will revenge the out-
rages offered to your honour, the insults heaped
upon the Republic, and will build the prosperity of
two friendly and sister nations.
" Soldiers 1 Such are your sublime destinies—in
you the country places these precious hopes; show
yoUrselves worthy of so great a trust; comply with
the wishes of your fellow-citizens, which are the
expression of the law and the measure of your duty.
" Soldier; ! Valour distinguishes freemen from
the wretches who drag on their existence in slavery.
But the strength of the Republican phalanx con-
sists in discipline, morality, and concord. These
are the guarantee of victory, and the terror of our
enemies; without discipline there is no order—
without order there is no morality, and without
morality there is none of that unity of sentiment
which ought to make you present yourselves ge-
nerously resolved to conquer or to perish for the
happiness of your country, and for the preservation
of your integrity and independence. Companions !
war to those who seek their own aggrandizement
in our humiliation ! Peace and friendship to the
Colombian nation, which is our friend, sister,
and ally.

" JOSE DE LAMAR.
" Tantho Grande, Oct. 12, 1828."

" REPUBLIC OF PERU.
" LEGATION NEAR THE GOVERNMENT OF COLOMBIA,

BIJONAVENTURA, AUGUST 14, 1828.

" TO THE HON. MINISTER OF FOREIGN AFFAIRS OF THE

REPUBLIC OF COLOMBIA.

" Sir,—The undersigned has seen with the
deepest sorrow the proclamation of his Excellency
the President of Colombia, in which he declares war
against Peru. Every man of sense had foreseen this
development : the desires of his Excellency the
Liberator were very well known, and had not
escaped the penetration of the Government of Peru.
Therefore the underwritten, by express instructions
he has received for this event, finds himself under
the necessity of declaring, that his Government was
persuaded that nothing could be gained by friendly
and conciliatory measures, and that its only motive
for sending an envoy was to hasten this fatal dis-
covery, and show to the world "that it omitted no
means to preserve peace, and prevent the scandal of
two nations, governed upon the same principles,
and with similar institutions, and which have only
just thrown off the heavy yOke which for three cen-
turies oppressed them, soaking the soil of America
with tile blood of her sons.
" The underwritten is at the same time commanded
to declare, that the Government of Colombia will
be held responsible for all the expenses, all the evils
that may be caused to that of Peru, by the necessity
i►► which it is placed of repelling an unjust aggres-
sion to preserve its rights uninjured, and the security
of its territory inviolable.
" The undersigned has the honour to repeat to
the Secretary of Foreign Affairs of the Republic of
Colombia, the sentiments of his most distinguished
regard.
" JOSE VILLA, Minister Plenipotentiary of Peru."

(From the Gaceta de Colombia of Jan. 11.)

" PERU.
" PROCLAMATION.

c' JOSE DE LA ALVA AGUERO, PRESIDENT OF THE PERU-
VIAN REPUBLIC, &C.

" Peruvians—The treason of General la Fuente
opened the gates of our country to the dictatorship
of the Liberator of Colombia. The army, in which
our hopes were fixed, enrolled itself in the ranks of
the stranger. Peru fell. My, enemies gained a
transient triumph by representing me as a traitor;
but they soon blotted this stain from my name with
their own infamy. Torre Tagle, Berindoaga, Gal-
diano, . and innumerable • others, changed the tri-
coloured cockade for the bloody cockade, and Peru
would still have been Spain's if the genius of 801 -
Var had not opposed itself to it.
Peruvians—Those men who then endeavoured to
sell the country to the common enemy, are the very
same who have now engaged you in an iniquitous
struggle with a warlike nation. The war you are
lining against Colombia is impolitic, and will cover
you with ignominy. The personal complaints of Gen.
Lamar are not just causes for war. He blinds you: do
not confide in his hypocritical discourses. Sheath
your parricidal swords. Peruvians,. from Europe I
have heard your cries : Ihave flown to save you. The
Government which oppresses you is an usurper,
because it does not emanate from the people—it is
a tyrant, because it is opposed to their will. Do
not obey it. Your legitimate President will soon
be with you. The same who six years ago opposed
and triumphed over the attacks of that crowd of
wretches sold to Spain, tears himself from his re-
pose, resolved to give your country peace and proper
government.
4( Santiago de Chile, Sept. 12, 1828.
" JOSE DE LA RIVA AGUERO."

A Meeting of the Friends of Civil and Re-
ligious Liberty in Kerry will take place in a few days in
Tralee, for the purpose of promoting, the collection of sub-
scriptions throughout this county for the great Liberator
of Ireland. Dublin has set an example worthy the imi-
tation of all Ireland ; Cork has taken its station next to
the Metropolis ; and Kerry, we are satisfied, will come
forward with that promptitude and fidelity which have
ever characterised it.— Tralee Mercury.

FREE TRADE TO THE EAST.—A public
meeting of the bankers, merchants, traders, &e. of the
city of Bristol, was held on Tuesday last, for the purpose
of petitioning Parliament against the renewal of the
East India Company's charter. JonN CAVE, Esq. was
'called to the chair, and several able speeches were made
with a view to prove that the abolition of the monopoly
wotdd produce material benefit to commerce. The sub-
stance of one of the resolutions agreed to was, that the
partial opening of the trade (though clogged with vexa-
tious restrictions) has already raised the amount of our
exports from 1 millions to nearly 4 millions annually,
while our imports have increased in a corresponding ratio.
It was resolved that a petition to the House of Commons
should be forth With prepared and signed, praying that the
House would direct its attention to the serious disad-
vantages which the British public, and the commercial in-
terests
in particular, have been subjected to by the exclu-
sive privileges of the East India Company.
SUBTERRANEAN HORTICULTUEE.--A re-
markable instance of tenacious and profligate, vegation in a
potato occurred lately at the village of Redding. The Gig
Pit there, the property of his Grace the Duke of HAMIL-
TON, is 35 fathoms in depth. In the latter end of last
August, one of the boys whp work in it had takeu.below a
quantity of the produce of a neighbotiting field. These he
carried into one of the levels, nearly two hundred fathoms
from the bottom of the shaft : here, by chance, two pota-
toes fell amongst a small quantity of the t'latey clay, called
blaze, and'iti a short time their blanched shoots were no-
ticed about two inches: above the surface. Two weeks
after their being thus planted,. and on the pay-Saturday,
they were dug up, when upwards of a dozen full-sized
potatoes were found. A like quantity was thus every week
for two months the regale of the workmen, who took care
to 'replant- the two original parent potatoes every tin.e
they had eased them of their produce.—Scotsman.

FOREIGN EXCHANGER
..
.0)/ LONDON°
LEIPSIC, AI;RIL I3.—Three month's", 14%.
BERLIN, APRIL 14.—Three months, 6. 23y,i.
VIENNA. APRIL a—Three months, 9. 53.

CURRENt VALUE OF GOVERNMENT SECURITI

MADRAS, D. c. 24.
Six per Cent. Bengal Remittattle Loan.

At the Rate of-Sut,scription, viz.
350 Madras Rups. per 335 Sicca Rups 32 PrltnilUe?.
At the Rate prevailing among Merchants and Bro-
kers in buying and selling Public Seem ales, viz.
10ti Madras Rups. per 100 Sicca Rups. .30 PrelniUM
Five per Cent. Be. gal Unremittable I oa n
.P
At the Rate of Public Subscription, viz.
350 Madras Rups. per 335 Sicca pups. 4 PretUT.
At the Rate I,revailing among Merchants and Bro-
kers in buying and Selling Public Securities, viz.
1081 Madras Rups. per 100 Sicca Rups.
Five per Cent. -
Bengal New Five per Cent. Loan, dated August 18, 110'. '

At the Rate of Sub;cription, viz.
lu6 Madras Raps. per 100 Sicca Rups.

4 Preni I°La.

MAILS.
Due
ri •
Arved. Due. Arrived.
0 America 2 0 Hamburgb..........••• 0 -
O Brazil
' 0 Buenos Ayres 0 0 Jamaica .. .......... . . ',;
1 I)ubl:n 0 0 Leewardlaland4 ... ;
O Flvnders 0 0 Li5b0n................. 0
1 France 0 0 Malta ...ay.!' 6
v
0 Gottenburgh 1 0 Mexico ........
O GuemseyScJersey.. 0 1 Waterford wff____„.....

DIGIT WATIR AT LONDON ENIDGI TO-HORROR•
AL. ruing ...58 minutes after 3. I Evening ...16 minutes after

THE COLOSSEUM.

THE Public are respectfully invited to,
inspection of this MAGNIFICENT EXIIII4I'.
TION in its progress towards Completion. The:SV,..„l
consist of a STUPENDOUS PANORAMA of LONIA"
taken from the summit of ST. PAUL'S, a SALOON
the reception of WORKS of ART, an extensive vaniacT
CONSERVATORIES, stocked with the CiIOICE'
PLANTS, and a SWISS COTTAGE, &c. &c.
Admission ss. each Person from 10 till Dusk