The Sun.
London, England, 1827-11-17 00:00:00

DIBDIN'S CLASSICS,

Fourth Edition, in Two very large Volumes Svo. entirely
re-written, price 2/. 2s. in boards.
_ _

AN INTRODUCTION to the KNOW-
LEDGE of RARE and valuable Editions of the
GREEK and LATIN CLASSICS.
By THOMAS F. DIBDIN, D.D.,.F. R. S. , F. A. S.
*** This new Edition contains a great accession of va-
luable materials during the Author's residence upon the
Continent, and communicated by his Correspondents
abroad and at home since the Work was last printed.
A few Copies upon imperial paper, to range with the
Bibliotheca Spenceriana. Orders for which should be
addressed, without delay, to the respective booksellers.
Price' 61. 6s.

Printed for Harding and Lepard, Pall-mall East ; am
G. B. Whittaker, Ave Maria-Lane, London.

JAMES'S NAVAL HISTORY.

This day was published in six large volumes, with numerous
illustrative Plans of Battles, price 4/. les. in boards,
the Second Edition, (with great additions and alterations,)
_TAMES'S NAVAL HISTORY of the
"LATE WAR, to the accession of his present Majesty
in 1920; including the combined Naval and Military
Operations in France, Italy, Spain, Holland,
.Egypt,
America, the East and West Indies, &c.

By recording the name of every principal officer and first
Lieutenant concerned in general or single 'ship actions, as
well as of every officer and petty officer killed or wounded, in
an elaborate Index, this Work, forms a Chronicle of the per-
sonal achievements of all the naval officers who have fallen
or distinguished themselves throughout the course of a long
war, remarkable, above all precedent, by naval victories, the
most momentous that are recorded on the pages of history.
By far the best historian of the Navy is Mr. James,
whose work ought to ha in the library of every man who
studies the history of the country. "—Blackwood 's Magazine.
,c A second edition of this valuable work has now :ip-
peaied, and the more we examine it, the more we find to
admire in the persevering industry and research of the
author, as well as the correctness of his statements, which
seem to de justice to all parties, whether engaged under the
British or any other flag."—Literary Gazette.
" Mr. James is the first man who ever wrote a line of
naval history on. the spirit'of truth and honesty : this is a
bold thing to say, but the explanation of the fact confirms
it."—Atlas.

Printed for Harding and Lepard, Pall Mall East, tondo

ROYAL SOCIETY.

(from a Correspondent of the Times.)
On Thursday evening the Fellows of the Royal
Society held their first meeting of the season at
their apartments in Somerset-house. • The Court-
room was extremely full, there being a greater num-
ber of the fellows present than for some time past. •
DAMS GJLBFRT, Elf'. (who has just succeeded
to' the chair in the room of Sir H. Davy, the last
President), on taking. the chair, observed, that
.he
could not sit down without expressing his deep re-
gret on the occasion of the resignation of their late
valuable President, Sir H. Davy, whose health was,
he was truly sorry to say, so bad as to have compel-
led him to resign a situation so honourable, and
which he had filled with so much credit to him Self.
The Council of the Society had placed him in the
chair, and he would merely state that this mark
of distinction, unworthy as he felt himself of it,
13hould not beforgotten by him to the latest moment
of his life.

After the President had taken his seat, the minutes
of the last meeting were read, and some routine bu-
siness disposed of.
The PRESIDENT said he had been instructed: by
the Council to propose a resolution which he could
not but believe would be carried by acclamation. It
was expressive of the regret felt by the Society at
the resignation of the Presidentship by Sir H. Davy.
(The resolution contained a strong eulogium on the
late President.) He (the Chairman) did not think.
it necessary to proceed to ballot, as he had no donbt
the resolution would be carried by acclamation.
The resolution was adopted with cheers, and the
.Chairman observed that he should have peculiar
pleasure in presenting the vote of thanks of the'So-
ciety to Sir H. Davy.
A communication was read to the meeting from
Sir Everard Home, on the peculiarities and history
of the Zariffa or Cameleopard. 'The learned gentle-
man entered at some length into the subject, end
stated that the Zariffa was first introduced to; the
notice of the public in the reign of Julius Cmsar,
when one was obtained to give additional
.zest to a
great procession at Rome, on the occasion of re-
, joicings for one of the victories obtained by the con-
queror of Britain. In the desert the Zariffa feeds
principally upon the acacia-tree. The animal which
now forms part of the King's menagerie at Wind-
sor, is a female, and is fed principally on milk, with
a portion of which it always washes its mouth be-
'fore drinking plentifully. Sir E. Home, in his
paper, stated, that the Zariffa would lick a lady's
hand, but would °not touch that of a gentleman.—
This occasioned much laughter.
In the course of the evening some new members
were admitted.
The CamitmAN observed, that at the next meet-
ing the officers of the society would be chosen.
'The meeting soon afterwards adjourned.

Mr. BROUGHAM. We understand from au-
thority on which we are bound to place the most implicit
reliance; that this Gentleman has had offered to him the
place of Chief Baron of the English Court of Exchequer,
but chose to decline it.—Edinburgh Weekly Chrwiicle.

We regret to find that amongst the sufferers
in the glorious action with the Turks, were seveyal Officers
connected with this neighbourhood. Captain BATiluxsT,
of the Genort, was, we believe, a nephew of the Bishop of
this Diocese. Lieutenant FrrzßoY, who was shot in the
very first act of hostility on the part of the Turks, was the
second son of the Hon. Gen. WILLIA-st Frrzkolr, of
Kempaton Lodge, Norfolk. And Mr. Buxnuas, ieverely
wounded in the Admiral's ship, is a son of Sir ITENftv
Eow. BuNsuay, Bart., who had entered the service but
a very short time...—Bury Post.

same place.
The defendants pleaded non assunipsit, and on the
trial of the issue joined on that plea, a verdict was
found for the plaintiffs for 3,000/. odd, on the ground
that the bankrupt had given an unjust preference to
Messrs. Rankin and Riley. On a fortner day, Mr.
Brougham had obtained a rule to shotause why
the verdict should not be set aside and_a new trial
granted, on the ground that the.case Lad not been
properly put to the jury by Mr. Baron Hullock, who
tried it.
The ATTORNEY-GENERAL and Mr. PATTISON, ap-
peared thiS day to show cause against the rule.
The notes taken by the Learned Judge at the trial
were read by Mr. Justice HOLROYD. It appeared
from them, that-in. December,. 1825, Rankin and
Riley, who are both Quakers, banked with Hadwen,
who is also a Quaker, and kept with him a joint as
well as
.a separate account. The joint account of
Rankin and Co. was indebted 5,000/. to Hadwen ;
but theseparate account of Riley was considerable
to his credit. On the 6th of that month, Hadwen
applied to Riley to have the balance of the firm di-
minished; and on the 12th of Dec. Riley sent him
a letter enclosing five bills to the amount of 2,000/.,
which he desired Hadwen to place to his private ac-
count, as it would stimulate Rankin and. Co. to get
in their outstanding debts, and stating, that if that
plan did not please him, he might place it to the
account of Rankin and Co. Hadwen placed it to
the private account of Riley. In January, 1826, a
run-took place upon Hadwen's hank. On Sunday,
the 22d of January, a meeting of Quakers took
place at the house of a relation of Hadwen's, to de-
cide whether he should stop payment or not. They
thought that he had better go• on during the Mon 7
day, and advised him to see how he stood at the
close of that day. His clerk proved that no busi-
ness was done at.the basking-house after Saturday
night, but _that it was kept open on the Monday
till three o'cloak in the,afternoon, the usual hour of
closing it; and that on the Tuesday morning it
was closed. Between four and six o'clock on Mon-
day afternoon, after the bank was. closed, Ran-
kin called on Hadwen with a letter from Riley, dated
half-past three o'clock Monday afternoon, desiring
him to make a transfer of 3,000/. from his private
account to the joint account of Rankin and Riley,
and took the pass-book of the firm and' that of Riley
with him to see that transfer regularly made. Hadwen
accordingly made the transfer, arid, as he said, de-
termined to stop payment at nine o'clock the same
evening. On the 25th of Januar}, a commimiion of
bankruptcy issued against him: The assignees, on
examining the books, conceived that the transaction
just detailed between the bankrupt and Rankin and
Co. was an unjust preference given by him to. them,
and accordingly, brought • an action to recover back
the sum. so transferred. This was the ease proved
in eVidence to the jury, and :Mr. 'Baron Hullock, in
summing it up, told them that.a man knowing him-
self to be in the jaws of insolvency and on the eve
of bankruptcy, could nor make a transfer ; that the
question which they had to-, decide , Was, whether
Hadwen was so ignorant of the state of his affairs as,
not to know that he should stop the next day.; and
that if he was. not so ignorant, the transfer was an
undue preference given to Rankin and Riley, and
their verdict must be for the plaintiffs. The Jury
returned a verdict for the plaintiffs, damages 3000/.,
expressly finding that the.transfer was ma& to give
an undue preference.
The ATTORNEY-GENERAL and Mr. PATTISON now
:contended that it had been properly left to the Jury
to deCide whether this was not a transaction in-
tended to favour a particular creditor after the bank-
rupt kneW that a commission was to issue against
him. The transfer was Made after three o'clock,
and under circumstances of the greatest suspicion;
for it wag not made by cheque, or by a stamped
order for the payment of money, but by a letter de-
livered to Hadwen after office-hours in the absence,
of his 'clerks. Now there vas no evidence to proke
that there was any pressure upon:the bankrupt to
make the transfer : it must therefore be taken -as
voluntary: on his part; and: if so, this case came
within the decided cases, and the verdict ought not
to be disturbed. '
Mr.. BROUGHAM and Mr. PARKE, 011 the other

side, contended, that the Learned Judge, in his charge
had withdrawn from the consideration of. the Jury
this particular point, which was essential in con-
templating.a fraudulent preference in bankruptcy—
namely, whether the proposition for the alleged pre-
ference came from the bankrupt or his creditor. If
the proposition were made by the creditor, it was
not a voluntary preference .on the part of the bank-
rupt; and if the transfer in this case were proposed
by Riley, who, it was maintained on the authority
of " Bayley v. Ballard," 1 Campbell, 4.15, had a
right to gain a preference- if
,he could, it was quite
immaterial whether Hadwen knew of his approaching
bankruptcy or not. The rule ought therefore to be
made absolute, and the case sent down to another
Jury for trial.
Lprd TEIVITRDEN—The rule for a, new trial in
this case rriuSt be made labsolute., Whether the
Learned Judge who tried the case, imagining an act
of bankruptcy to have been agreed upon on the
Sunday, thought that this was.a conspiracy between
Riley and Hadwen to get a voluntary preference, he
could not say ; but he was of opinion that such a
conspiracy, if it existed, ought to made more fully
apparent than it was at present. The matter might
be more fully explained at another trial ; and there-
fore he was for making the rule absolute.
Rule made absolute.
Id the course of his argument, Mr. BROUGHAM
mentioned that Hadwen's bank had already paid
16s. 9d. in the pound.
The ATTORNE-GENERAL, on their Lordships
deciding the case, observed, • that he trusted, after
the good news which they had all just heard, of Mr.
Hadwen's paying a dividend - of 16s. 9d. in the
pound, there would be no occasion to try this cause
again.—Mr. BROUGHAM-4 unit not.
CORPORATION OF DONCASTER. •
The kirronNEY-GENERAL moved for a rule to
show cause why a mandamus should not be directed
to the Mayor and Corporation of Doncaster, to ad-
mit as a freeman of that.borough a person of the
name of Buckland, who claimed the freedom from
having been apprenticed for seven years to an attor-
ney of that town of the name of Mason. An ap-
prenticeship of seven years to any trade in that
borough gave a right to its freedom; and Mr.
Backhand, after serving seven years, instead of the
ordinary term of five years, • with Mr. Mason,
claimed to be adMitted a freeman. The Corporation
took time to consider of his claim, and, after a year's
deliberation, rejected it. One of the Common
Councilmen said that the ground of the refusal was,
that the business of an attorney was, a profession,
not a trade ; and, strange to say, this man himself
had gained his freedom. by serving an apprenticeship
of seven years to an architect. Since the refusal,
.inquiry had been instituted into tlle subject, and it
appeared that all persons serving apprenticeships of
seven yeafi to freemen of Doncaster, were, on the
Payment of certain dues, entitled as [matter of right
to their freedoni;
Mr. Justice 13•411;9:r—The clerk is bound to an
at torny 4 lead his profession, and therefore; in the

In the course of the morning, Mr. BROUGHAM in-
formed the Court, for its convenience, and that of
its suitors in general, that in the two cases to have
been tried at the bar on the 22d instant, a counter-
mand of the notice of trial had been served, in con-
sequence of the extreme illness of Mr. Rowe, who
was a party in one of them. Whatever might be
the issue of Mr. Rowe's illness, the other case would
certainly be tried in Easter term. He believed that
it could not be tried next term, as that was an issu-
able term. He wished his Learned Friend, the
Attorney-General, to take his present declaration as
a,notice of the intention of his clients to bring the
m atters in question solemnly before the Court at
that period.

COURT OF CONDELEGATES. Nov. 16.
Nothing of importance occurred in this court. A
case was mentioned, in which the inconvenience
arising from the conflicting rules of the English arid
Scotch courts is exemplified. Elizabeth Forest was
appellant in a testamentary suit respecting the
estate of her sister deceased. She died, and left the
suit to be inherited by her son. Before its termina
tio he also died, leaving a widow and children, and
the suit devolved to his representatives. The chil-
dren were cited to appear in the High Court Of
Delegates, and failing appearance, were cited in
prenant. The rase went
,before the whole commis-
sion, when it appeared that all the proceedings en
pain had been wrong; that. according to the Englih
law, the widow, not the children, should have behn
cited ; thopgh by the Scoteh law the children wee
the true representatites, notwithstanding they
not administered to their father's estate. In arncn-
ding the proceedings, it Was found that the widow
was a pauper resident in Scotland ; she was willing
to appear in forma pauperis, but not being able its
answer .in person on oath, she could not be admitted,
unless a commission were issued to take her answers.
To cure the error in another way, by the widow
waving her right to distribute her husband's effects
(which she was willing to do), it was necessary for
the children to administer, and for the whole ground
to be gone over again. The property was about 8001.
Their Lordships left the knotty question for next
court-day.

COURT OF EXCHEQUER, Nov. 16,
FALKERIII. V. STAIdARD.
-Mr. JERVIS moved to set aside the attachment
which.had been issued against the defendant, and all
the subsequent proceedings in this case, on the
ground of irregularity. It appeared upon affidavit
that a subpoena from this Court had been served, at
the defendant's house ;: and he ngt having appeared
an attachment issued, and he was held to bail. Now
the Learned Counsel,contended, that as under the
Act of the 7th and Bth of Geo. IV., commonly
called the
.Solicitor-General's Act, no person could
be held to Special bail upon mesne process for a
debt under 201. (which was above the amount of
the debt here), the present proceeding was illegal.—
This statute extended to all actions and suits at law
whatsoever, leaving suits in equity untouched.
Mr. Baron HULLOCK observed that this attach-
ment had issued against the defendant for not ap-
pearing, and the question was, whether or not a
statute passed diverso intuitu extended to process
compelling a party's appearance.
Mr. JERVIS said, that the words of the statute
were most comprehensive and general, and included
all cases of arrest on mesne process, and the pre-
sent was the case of such an arrest.
Mr. Baron HULLOCK said this species of proceed.-
ing was certainly one of great hardship. It was
sufficient to serve the subpoena at the defendant's
house, and although he might be from home at the
time, yet, if he did not appear within due time, an
attachment issued against him. It was an anoma-
lous proceeding in a court of law, but somewhat ana-
logous to the proceedings of a court of equity. The
subpoena, it seemed, had been served on the 7th of
November, and on the 13th the defendant had been
arrested by an officer of the Sheriff of Middlesex,
upon an attachment issued for the purpose of com-
pelling his appearance.
Mr. Baron GARROW was sure a very large portion
of the public would be indebted to the Learned
Counsel (Mr. Jervis) for bringing this question be-
fore the Court for its decision.
Mr. Sergeant JONES, on the other side, was pre-
pared to show cause at once against the rule applied
for by his friend Mr. Jervis. This peculiar process,
by subpoena and attachment, had been recognized as
the practice of the Court of Exchequer so far back
as the reign of Edward 111., and its legality had
never been disputed down to the present- moment.
It was not a process which issued for the payment of
money, but to compel the party's appearance before
the Court : and if the defendant entered an appear-
ance, and gave bail to the amount of 401, whatever
might be the amount of the debt, the writ was
satisfied.
Alir Baron Hut,LocK observed, 'that if he could
not wive bail, he must go to gaol.
Mr. Sergeant JONES proceeded to argue that the
words " subpoena " and " attachment " had been in-.
serted in the act by mistake : he was prepared to
show by the context of the Act, that it was only in-
tended to be a renewal of the former Acts of the 12th
of George 1., and 51st and 53d of Geoge 111. The
spirit and tenor of those Acts went to show, that by
the process of attachment there spoken of, was only
meant attachment against goods. They, give tie.
remedy of entering an appearance on a venire and
distringas ; this Act carried the remedy a degree
farther, by giving it upon process of subpoena and
attachment, which only meant attachment against
goods.
Mr. Baron HULLOCK asked-if the word subpceni:
must not mean, ex vi termini, an arrest of the person `r
Mr. Sergeant JONES contendepdeatrhaanteet,heitpdriodcieso
only applied to goodS. The late statute, he argued
was an enabling statute ; although it gave a new
remedy by entering a common appearances,
take away the old one of:attachment against the per.