Star.
London, England, 1824-12-03 00:00:00

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diately:preceding. Since nothinj was known respecting
the future destiantion of theAyytian. fleet, tending to
tradict this, it may prob*bly winter at Rhodes, •
wardi for orders from Alexandria or Constanti,
at tll events, winter in Candiai that great
• now entirely subdued by-the 'forces -

~.

spectable for their learning, their wisdom, and their at-
tachment to thZ Holy See ; we have charged them to
lay before us a plan adapted to our object, protestin
beforehand that no personal sacrifice wonld he thought
too grea: by us to cause the execution of it, whatever
_
addstiottal expense it might cause our Treasury, iiavrag
nothing so much at heart as to procure to our subjects
the greatest good with the least expense to them."
The labour of the committee, the examination made
of it, and the approbation given it by the cousulative
committee of Cardinals, a new code has resulted, con-
tained and published under three heads, " Reformation
of the system of public administration ;" " Reformation
of the civil procedure;' " Reformation of the tariff of
t ries, in judicial proceedings." By this new plan, the
to great number of delegations is reduced ; special
j riges have been substituted to some tribunals of the
lost instance; the number of Magistrates has been re-
duced in some place', some insignificant tribunals sup-
pressed, and what Rome has long wanted, a tribunal of
commerce ha, been erected. A better composition of
the Councils is provided for by proportioning in them
the number of persons-belonging to the different orders
of the State..
The nobility, says the wrota proprio, preserves in them
the destination which it should enjoy in all civilized
states; the class of proprietors acquires, besides its
rights of suffrage in common deliberation, more ample
and unrestricted attribute, for the care of its own affairs.
" But what has chiefly excited our vigilance," continues
his Holiness, " is to. maintain in all its lustre and vigour,
the episcopal jurisdiction re-established in the exercise of
all its prerogatives,'as it enjoyed already in the time of
our predecessor, Benedict XIV. of blessed memory."
Lastly, the Costs are rendered to a certain and mode-
rate standard, ecclesiastical causes are to be pleaded as
hitherto in Latin, and. secular causes in the vulgar
tongue, " in' order," says the decree, " to suppress that
offensive absurdity, contrary to good administration of
justice, in which everything should be regular and uni-
form, to hear at once in the same sitting, two different
languages, when affairs of the subjects of the same
Government are treated of."
This snots proprio, which will constitute an era in
our jUdicial legislation, is given at the Vatican, Oct.s,
with this clause—" The Anniversary of our Coronation.s

THE EVENING STAR

LONDON.

FRIDAY, DECEMBER 3, 1824.
THE FUNDi.

STOCK EXCHANGE. TWELVE O'CLOCK.
This being shutting day for Consols, It was expected that a great
deal of business would have been done, but It has Filmed the reierse.
Consols opened at 951 1 for the opening, and for Money 95 to;.
FOREIGN FUNDS.

Current Prices: New Spanish 12i 17, Old 234, Miamian 954 4,
Mesican 661 4, Colombian New 24* 4, Old 324, French Scrip 124
pre. Milian 77, Portuguese 884 Buenos Ayres 14 pre. Alliance
8. 24 10 pre. Marine Alliance 14 2 pre. Greek 544, Peruvian 73.
['MICR OF STOCKS AT ONE O'CLOCK.
Bank Stock 2SOY4

3 per l ent..Red. 94% 14 lAt
8 per Cent. Cons. 95% 95
31 per Cent. Red. 100% 4',
4 per Cent. New 108% 14 lin% 74
India Bonds 98 97.99
13,000 Exclieq. Hills (114 d.) 55 6
17500 ditto (2d.) 56-7
£lOO and £2OO ditto (2d.) 56 7
Advertised (2d.) 55 4.
Con•. for Acct. 9514 % 34

The French Papers of Tuesday reached us last'
night, together with the Etoile of Wednesday. They
contain little intelligence of interest. In a preceding
column we have given an account of a proposed
reform of the Code of Penal Law, by the Port. It
appears from the Etoile, that some executions have
taken place- at Corunna, on account of political offences.
—Nine men suffered for what may be called the Con-
stitutional cause. The crime imputed to them was, the
condemnation of 51 persons attached to the Despotism
and Inquisiticn—a charge which, in all probability,
was unfounded.

This forenoon w•e received Frankfort Papers to the
24th ultimo, and the Austrian Observer to the 20th.
They contain some accounts of the engagement', between
the Greeks and the 'Forks, Khich are rather contra-
dictory. The followi►►g ale extracts:

CASSEL, NOVEMBER 21.
The G ivernment has issued a circular letter relative
V> the clerks of foreign houses, who travel in the Elec-
torate of Hesse, to obtain orders for foreign manufac-
tured goods, who have hitherto enjoyed an exemption
from all public taxes, which tends CO hies ease the num-
ber of these travellers, to the great injury of the trade
in the interior of the country. Henceforward, every
traveller who comes to collect orders 'for foreign manu-
factured goods, shall pay first, a tax of three crowns at
least, to nine crowns at most, for every three months
that he stops in the Eiectol ate of Hesse, on his commer-
cial affairs ; and thi:, whether he remains the whole of
the three months or nor. This tax goes to the public trea-
sury. Secondly, he shall pay a tax of eight gOod grns
(about one shilling) per diem, to the poor of the place
where he resides.

---- -
It migl
Imnd IN

Pacha of Egypt."
Though the Ottoman fleets are by no means in
a condition as they are made to appear in the tales of
the romance writers, it cannot be denied that this
campaign cannot be satisfactory to the Porte; since,
except the destruction of Ipsara, none of the objects
of the great preparati,ms have been obtained. The
,Austrian Observer adds, that the official accounts of the
Greeks themselves by no means confirm the tales told,
by the Correspondents at Odessa, &c. They make
only seven ships of war destroyed, not one of them be-
longing to the Captain Pacha's own fleet.

CONSTANTINOPLE, OCTOBER es.
The Turkish and Egyptian fleet is :it Mitylene, and
the Greeks between Saincs, Scin, and Ipsara. The
Captain Pacba is in the Dard.tneltes. We learn frcm
Smyrna that two To: kish vessels were burnt by the
Greeks, off Mitylene, on the 15th. The affairs of the
Turks, in komelia, a:e going on badly.
VIENNA, NOVEMBER 19.

The Austrian Gbserver contAinsa long article from Con-
stantinople of the 25th October, relative to the actions
between the Turkish and Gteek fleets, which concludes
as follows :-44 The repot tt. (of the Gt eek • ) agree nearly
with ours. They /move that up to the SthsOctober, no
action of any importance had taken place, much less
any of those decisive actions which had been so confi-
dently announced ; and we may believe, on good
grounds, that none had taken place in the days imme-

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dentin named
request of the former.
The prosecution haiing 'commenced, lasted till between three
and four, when'the Court adjourned till ten o'clock next day (Wed-
nesday); when, haying assembled, they proceeded in the defence,
which was conducted very ably by Mr. Homes, who laboured to
prove the possibility of the act having been committed by one of the
native Africans on board, or that it might have been done in a fit of
temporary derangement; and having brought forward a number of
witnesses to prove that the prisoner was subject to such fits, the de-
fence closed 'at about a quarter before three, when, the Court being
cleared, the members proceeded to deliberate on the evidence.
. About five, the Court re-opened, and the Joins Anvocare pro-
ceeded.to pass sentence, stating, that the charges having been fully
proved, the prisoner was to be hanged by the neck on board any
ship, and at what time the Lords of the Admiralty might direct.
The Leonora, Ds Joao; from Vigo to Hatuburgh, is totally lost
near Weymouth.
The Phillis, Jammu, from Belfast, was on the White House
Rocks, Liverpool, on Wednesday.
The Palambant from Riga to London, whkjs was on shore on
the Maplin Sand, ins been got off.
Famowna Dee. 1. Wind W.S.W. fresh breeles and clear
weather. Sailed the Magnet packet, for Lisbon ; and several
coasters, bound round the land. The outward bound remain all well.
• Pte./mum DEC I.—Wind W.—Put back, the Thisbe, Caen,
for Jamaica, :with trifling damage. Arrived the Caroline, Cumin,
from Malaga. Off the port, the London, AZMAN' for Jamaica.
The Percival, LIVINGSTONE, still continues on the Rocks, with five
feet water io her bold, her cargo discharging into lighters, and it is
expected she will ultimately be got off, with much damage. Tice
cargo of the Idris will be unloaded, having three feet water in her
hold, and her pumps choaked. The shipping rode out the gale yes-
terday, without sustaining any damage.
Pouratoowo, Dac. 2.—lt continues to blow very bard from
S.W.—The outward bound appear to ride well. Arrived the John
and Blward, GAZINLZAF, in thirty-five days from St. Domingo, for
Hantburgb; Martha, Pat., from the Downs for Cork.
DIAL, Die. IL—Wind S.W. fresh breezes and squally.—Came
down from the Rivet and remain, with the ships that passed yes-
terday evening, all of them having put back, viz. Albion, Paocros ;
Mars, VENUS •' Georgian, Warr; Ruby, Cousin • Royal Char-
lotte, Ann, Run; and Young Phenix, damns. The
homeward bound have sailed for the River. Several of the outward
bound have bore up for Margate Roads, not being able to reach
the Downs.
Lnaarooz, Dm. L.—Arrived the Providentia, Maarmsso, from
the Bay of Rosas; Aries, Batatiam, from Africa; John Heyes,
from Demerara; Love, Graven, from Quebec; and True
Blue, —, from Mirandeld.
- Nov. 27.—1 n the severe gale of Tuesday night, the
- New Orleans, •

duroao, - &to—,
ship Margot. of Wellington, from Belfast to , was
lost on the Rush Bank, to the northward of this port, and we are
deeply concerned to add, that the entire of the crew and passengers,
supposed to be twenty-eight in number, perished with her. A crook
which came ashore gave the first intimation of this dreadful event.
Some of the boars have since been found. Her cargo was a very
valuable one, but scarce a vestige of it is to be seem

THE EQUITABLE ASSURANCE COMPANY.

Yesterday a Quarterly General Court of the Members
of this Society was held, and crowded to excess, in con-
sequence of a notice of motion by a Member. to divide
a bonus of 9.5 per cent, upon the policies of assurance at
this office, in eel tarn described contingencies.
The RECORDER took the Chair, and the Actuary read
the minutes of the last Court.

LAW REPJRT.

-7

The BECORDMR then informed the meeting, that the
Directors had prepared a Report, which, with the per-
mission of the Court, would be now.vead for the infor-
,, atiotr of the members.
Mr. BUSHMAN rose and said, that as he intended to
withdraw the notice of motion which he had given, and
which bad, he believed, led to the assemblage of such
an unexampled attendance of Members, because he was
advised that the object of it could not, consistently with
the bye-laws of the Society, be legally carried into
effect. There were, they all knew, three classes of as-
surances effected by the Society ; one class insured in
the year 1816, and alive in the year 1820, had become
entitled to a great addition upon their policies ; a se-
cond class, who were insured subsequently, had certain
contingent additions; and there was a third class who
insured after 1820, that might be involved in something
like a breach of faith, if the contemplated arrangement
were, under existing circumstances, pressed upon them.
—Under the-legal- operation of these circumstances,
be begged leave to withdraw the motion of which he
had given notice, and to leave the matter inother hands.

Mr. Swear said, that he had a notice of motion to
make, which was simply this—That it should be re-
ferred to the Court of Directors to consider and report
whether it would be advisable to cease to effect assur-
ances upon the footing of their existing system ; and
whether it would be advisable to revise and open a new
system for the new Members who may be acquired,
without prejudice to the present Members, and having
regard in their pecuniary arrangements to the existing
pike of the public funds? A very long discussion then
arose upon the point of form, whether this notice
of motion should be inserted on the minutes, and pub-
lished and advertised in the circulars sent to Members?
Several Gentlemen from the country observed, that
being out of the limits of the twopenny post, they were
left without notice of the special meetings of the So-
ciety, in which they were so interested, and they de-
sired that they should be furnished with letters, the
postage of which they would themselves pay, apprising
them of special meetings; To this it was replied, that
a great burden would be imposed upon the office, if
4000 additional letters, which would be the number re-
quired, were to be constantly sent to country Members :
it was, however, hinted, that any individuals who de-
sired notice might have it, by leaving their names with
the clerks.

COURT OF CHANCERY, DECEMBER c.
PRESBYTERY OF SCOTLAND O. REV. ALEX PLETCHER.
The LORD CHANCELLOR /said, that w ith to
the question, of costs in this motion, which st. od over
till to-day, he would give costs to neither patty.
BLAEMORB V. GLASIORGANSHI RE CANAL
The LORD CHANCELLOR said, that haring postponed
his decision on the commitment of Mr. Reece, he w 4,
now of opinion that he ought not to commit him; and
'further, that Mr. Reece wai to have his costs in the inn.
Eio4. The injunction not to widen and deepen the canal
oust remain. After reading all the affidavits, be
not discover that there bad been any violation of
such as could be visited by the Court. If the
suffered any injury from the diminution of the na,,,
, course, he bad his remedy by action at law.
'OPERA-HOWL—IBMS V. BINILLI.
Mr. §vonsst rote to oppose the motion fora Manager
of this property.—The motion was opened nn a former
day, praying to have a Manager, on the grounds the.
Mr. Benelli was abroad, and that there was no prospect
at present of the house being opened this season._A
Gentlemah behind the bar interposed an objection, %vita
a view of delaying the discussion of the motion.
• His LORDSHIP considered the only question to be,
Whether the motion should now be gone on si ith nr
sot ? and that this was to determine whether or not the
Opera should be open this season. For his own pat the
did not care twopence whether it was or not.
Mr. SUODEN proceeded.—.He appeared for Messrs.
Yallop and Chippindall, who had entered into a cove.
nant to the amount of 20,000 i. as an indemnity to Mr.
Ebers against loss from his engagements with Mr. Ile-
nellieand he submitted that the Court had no jurisdic-
tion to interfere in the manner prayed by this motion.
The object of this motion was to give the one party all
the benefits of this legal contract, and to deprive the
lessee of all his tights, by taking the legal ownership
out of his hands, and putting it /into the hands of
'another person, without a trial at law. Indeed, Mr.
Ebers wished to be appointed Manager himself, for he
had begged leave to be allowed to propose himself
but be was the last person in the %solid that his (Mr.
Sugden's) clients would approve of; because the first
Bill in this cause was filed against Mr. Ebers, charging
him with mismanagement during the season of 1823,
by which a loss of 10,0001. arose, which was fixed upon
Messrs..Yallop and Chippindall.
Mr. NAUGHTON followed on the same side.
Mr. Hermit appeared for the Marquis of Hertford,
the Earl of Glengal, Colonel Cooke, and the Hon.
Henry De Roos, and opposed the motion. His clients
,bad, unfortunately, entered into a security for the due
,payment of the rent to Mr. Ebers, and if the Court
would release them from responsibility upon these bonds
of surety, they had no objection whatever to his Lord-
;ship appointing a Manager.
Mr. Tammove was with Mr. Horne. It was stated
that half a year's rent (500014 was now due and unpaid,
but he did not seek to get off paying that.
Mr. HART replied, if his Lord.hip could suppose Mr.
'Benelli to have any character but that of an absconded
insolvent, and a man resolved by his absence to destroy
this property, he would admit that the prayer of the
motion could not be granted.
His LORDSHIP now considered the case much more
complicated than at first it appeared to him to be. Two
indentures had been executed—one a lease on the pre-
mises to Mr. Benelli, the other (of even date, namely,
August, 1822) an indenture of bargain and sale, which
went to destroy a part of the former indenture. It would
be impossible for the Court to grant this motion with-
out looking at both these indentures; and how far the
granting of them would go to release the sureties was
a subject which required much serious consideration.
Mr. Harr was perfectly aware of the dilitcultiesin the case.
His Loansine--Why did not these Noble Persons,or Gentlemen,
or whatever they are, become sureties for the payment of the sala-
ries of tie performers, as weU as the payment of the rent?
Mr..lAmos—Because they were too wise to trust Mr. Benelli to
did.

a greater extent than they
His Lotman,— What did the receipts of the House amount to
last year ?
One of the Solicitors said £30,000, and the other £45,0r0.
His Loamstr—And how much, if it be a fair question, was to
be paid for singing and dancing?
Mr. Haar—X6o,ooo.
His Laminar expressed his astoolibmrnt.
Mr. HART proceeded—Mr. Benelli had entered into
a contract to keep all the machinery, dresses, &c. in a
state fit for the public eye, and the Theatre open at the
proper seasons ; and as Mr. Benelli was not doing that,
he thought the Court would find sufficient ground to
warrant its interference.

His LORDSHIP said, that the indenture of lease de-
mised the scenery, for instance, but that the deed of
even date absolutely assigned it. • The question to be
decided depended on a scrutinous examination of the
deed of bargain and sale, which his Lordship would
read to-night, and state, in the morning, what he thought
of it.—His Lordship rose at a quarter before two v'clock.
COURT OF KING'S. BRNCH, DECEMBER e.
INITHRIDGII V. RI.UNDRN AND SIARTINRAV.
Mr. SCARLITT stated the case for the plaintiff. This
was ap action brought for the recovery of £lOO, which
the defendants had received for the use of the plaintiff.
The defendants were the proprietors of the house well
known by the name of the Whitbreacnrewer y ; they
were also mortgagees of the Red Lion public-house, in
Fleet-lane. Theplaintiff had purchased their interest
in this house by paying £100; and it was agreed that
the mortgage should be withdrawn, and the title to
the premises made over to him, on the further pay-
ment of £l,lOO.
Mr. Gustiest appeared for the defendants. It ap-
peared that they had a mortgage of 13,400 on the
house, which belonged to a person of the name Id Wells.
lending, however, that Wells was not likely to pay this
sum, they entered into a composition of the demand,
and consented to receive £1,200. Wells had, entere.l
into this composition, in the hope that Guthridge would
be able to dispose of the premises by Auction for a larger
sum. Wells, however, failed in this expectation, •iiid
purchased a release of the composition for 1:35. The
plaintiff now claimed the repayment of his deposit fa
£100; but the defendants resisted this claim, and re-
quired the fulfilment of the stipulation, and the re.lemp•
non of thelinortgage, by paying the balance of £l,lOO.
The LORD Cuter Justice submitted for the consi-
deration of the Jury —lst, Whether the Money was
paid by the plaintiff to Wells or to the defendants?
and, secondly, whether it was paid as an instalment of
the mortgage ?
The, Jury retired for a few minutes, and returned a
verdict for the plaintiff—tamages
ROIHIRTSON si. FANSHAW.
This was an action to recover damages for a serious
injury, occasioned by di icing over the plaintiff, a poor
woman, near Somerset-house. It appeared horn Oar

Mr. Sweet's notice of motion was then entered on
the minutes, and an Exit aordinary General Court was
ordered to be summoned, for its consideration, this
day fortnight.
It was then proposed that, for the purpose of securing
the efficacy of the intended motion, by the requisite
confirmation of the business of one General Court by
another, there should be convened another Extraordi-
nary General Court on the 23d December.
This led to some discuskion, and the notice for con-
.veninr,° the Court, on the 23d of December, was aban-
doned, on the ground that they could not, as at preterit
advised, anticipate the decision at the Court to be held
this day fortnight; and that when that was known, and
not before, it would be time enouLh to call for the con-
firmation of another Court.

The Report was ultimately postponed until the next Meeting, it
being said, that as the Report was founded upon the intention of a
Member to make a motion, which he had afterwards withdrawn, it
was premature, as matters stood, to consider of it.
Mr. Stmt: gave notice of a motion fur the next Court day, to
render valid two policies of insurance assigned over by two indivi-
duals who had gone to America without giving tke requisite notice,
upon the payment by the holders of the additional premium, and
satisfaction being given that they took immediate steps for doing so
von being apprised of the departure of the parties.

• \

d

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,ecting '• , NAVAL INTELLIGENCE.
ing to • `,44
• 'CO RT-M RTIAg.. . : ~•.. .1
s' and A Court-Migial a • Majesty's shkellearese. i
inople, aun'tholl* of Nov : r . for the4.loal ocWsi.tioat
eat is. &alveolus DIXON seaman of his 'II brill NO1611(letely on the
ieseeof Africa), fotggphliing, p tl) tie intent to murder. lair. ,
of the G. Pogdarwano, Mate iFtke'Sliivais. • • ti"
The Court having assembled, anttbe prisoner being asked if he
hal any Contnelt pleaded poverty, when a young man, named
n such Gairras' humanely offered his services; and shortly after, a Gen- his
_,_ _ -r Hemet named Howes appeared oulsehalf of the prisoner, at the no

~~

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•
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teadit,2l that her leg was frectared, and in other re-,
s:ects sl.e was dreadfully injured.
Mr. Elam/Guam rose to state the' case to the Jury.
Mr. SCARLET? soon after got up and said—On the
part of the defendant, 1 lament as atuCh is any Pition
can the accident which has befallen the plaintiff: We
are desis ous of making compensation. and consent to a
verdict for the plaintiff, with £2OO damages.
THS gm v. morrow. sorroitssAw, AND WAISIIIIIONT.
The defendants, who are the Mt, second, and third
mates of the Bridgewater East Indiaman, were injlitted
for an assault aad battery on Woolf Cohen, by throwing
him over the ship's side.
• The prosecutor, Woolf Cabin, stated that he was a
xhiss.cdtter, keeping a lodging-house fur seamen- in
(travel-fence. On the arrival of the Bridgewater East
Indianian in the river, in May last, he went on board to
speak to a young man named Waters. So soon as he
got on board, the chief mate, Joseph Stanton, called
his first and second Mates, and said " there is a b—dy
Jew, thaw him overboard—it is no harm to kilt a Jew."
—They accordingly threw him from the ship's side, a,
height of nearly twenty feet, and he fell into.a boat. He
vas bruised in a shocking manner, and had never been
well Once.
This evidence was supported by three women, who
were on board the Indianian.
Mr'. Oaooonam, on the part of the three Officers,
called .several respectable witnesses, who proved that
the prosecutor had been ordered not to come on board,
and forcing his way on the deck, the chief Officer, as-
sisted by the other defendants, pushed him to the gang-
way, *here they put the min-rope in his hand, and
made him descend to his boat. All the witnesses for
the defence stated that he was not thrown down.
The Jury acquitted all the defendants.
COURT OF COMMON ,PLEAS, DECEMBER 'go
STEED D. HENLEY.
This was an action brought by the plaintiff, an spa
thecary, residing in Bedford-street, Bedford-square,'
against the defendant; a Lady, residing with her mother
ka Charlton-street, Somers Town, to recover the sum of
111.116. 6d. for medicines supplied to the defendant.
The LORD CHIEF JUSTICE observed, that probably
the defendant had not recovered, and that she therefore
thought the plaintiff was not entitled to recover.
Mr. Serjeant PELL said that the defendant had reco-
vered, and he hoped the plaintiff would recover also.
James Turner, shopboy in the service of the plaintiff,
stated that he went with medicines to Miss Henley's
mother's house, and that her mother received the medi-
cines from him; one day,Miss Henley took the medicines
herself; her mother was on that occasion from home ;
he repeatedly saw Miss Henley afterwards at the house
of the plaintiff, in Bedford-street, where she received
medicines herself and took them away ; he met her sub-
sequently in Bedford-street, when she said that she
would settle the plaintiff's bill when she settled with her
attorney; witness often called on the defendant for pay-
ment, but never received any money; be also called for
ir phials, some of which were four ounce phials, but
b did not know what medicines they contained ; Miss
Henley told witness that she had been ill of a fever and
a determination of blood to the head.

Mr. Serjeant WILDS, for the defendant, called the
attention, of the Learned Counsel for the plaintiff to the
Act of Parliament of 55 Geo. 111. c. 194, s. 21. for the
regulation of the practice of apothecaries.
Mr. Serjeant Pau. said, " Oh! certainly; my Learned Friend
wishes me to prove that the piaindff practised as an apothecary
before the pawns of the Act."
The Doan Come Jawrsem—That was in 1815.
Mr. Serjeant PELL said, the Act was dated the Ist of
August, 1815. He then called a witness, who deposed
that the plaintiff practised as an apothecary, in 1813,
and attended the witoess'sfamily.
On cross.examinaaien the witness said that plainsif attended his
family as a friend.
A diploma from Surgeons -Hall was put in.
Mr. Serjeant WILDS objected that there was nn proof
of the plaintiff having regularly practised before 1815 ;
he had attended the family of the last witness merely
as a friend, and that was no evidence of regular practice
according to the meaning of the Act of Parliament,
which was explicit and imperative.
Mr. Serjeant PILL then called other witnesses, but they did not
answer, and they were consequently called upon their subpseuas.
The Logo Cur Jusvms thought there was no evidence to go
to a Jury.
Mr. Seljeant Pau. then wished to recover the value of the phials.
ThrLoRD CHIEI JUSTICZ thought that the plaintiff
could net recover the value of the phials, because the
Act of Parliament did not allow him to practise as an
apothecary, or to sell medicines without being regularly
qualified. His Lordship thought the plaintiff could not
recover in a Court of Justice for doing that which the
law did not allow him to do. The Plaintiff was then
nonsaited.

HORSE DEALING—WALLACE V. WOODGATE,
Mr. STEERS opened the pleadings, and stated that it
was this an action of trover to recover the value of
three horses,the property of the plaintiff illegally detained
from him. The defendant pleaded the general issue.
Mr. Serjeant VAIJOHAN stated the plaintiff's case,
who was, he said, an Officer k his Majesty's Service,
and, being in want of horses, bought three of the de-
fendant, in the month of May last, for the sum of 150/.
and for which the defendant agreed to take the plaintiff's
two acceptances for 751. each ; previously to the matu-
rity of the bills, however, the defendant, for some rea-
son or other, by a stratagem got possession of two of
the horses, and refused to give them up to the plaintiff;
and it was to recover them that the present action was
brought. He could not anticipate the defence, but
should proceed to call his witnesses.—Several witness►
were examined in support of the case.

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Mr. Serjeant TADDY addressed the Jury for the de-
fendant. His Learned Friend had also said that the
()ills given by the plaintiff for the defendant's horses
were only suspected to be bad. Unfortunately, how.
ever, the defendant had had the very beat proof of their
being worth nothing, for they were still on his hands
unpaid, and the plaintiff Wallace is in the King's Bench;
!or which reason the defendant was perfectly justifiable
in declaring that he had been swindled out of his horses.
It would be proved that at the period of the agreement,
Wallace had not the means in possession, or prospect of,
paring for the horses. From the result of other trans-
actions with him, the defendant Woodgate saw there
was no likelihood that he should ever be paid for his,
I,orses, and therefore he went to the plaintiff, accom-
panied by a friend named Elmore, who would prove ,
:hit Wallace had agreed that the horses should remain
in the defendant's possession until paid for. The Learned
Serjeant then called several witnesses for the defence.
Mr. Serjeant VAUGHAN replied.
The Cuter JUSTICE then proceeded to charge the
Jury, and said, that it was an action of trover
brought by a person calling himself" Captain Wallace."
Thrlavr on the subject was clear and well defined—if
a penei should sell goods, for which he took a bill un-
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' der the usual circumstances and should the.'bill be aft
terwards dishonooricl, his yorriperty in the *goods ha 4
passed away, and he had. no right to recover anything
but their ptice‘s.the amount of the bill. But if the pet-
son making-the purchase knew that he should not be
`able to pay the hill which he was. going to 'give for
them, and that consequently it. was not of any value,
the property in the goods had not changed, and the pro-
prietor had a right to seize them whilein the possession
of such purchaser. It was true that although the
owner of a horse could not remove him from the sta--
bles of an innkeeper until the expense incurred for his
keep should be paid, yet the same law did not apply to
the keepers of livery stables, unless by special agreement.,
by which agreement a lien might be created, and it was
'for the Jury to say had not such a lien been created for
the keep of the horses in the present instance? If they
should think that a lien was created, and that the de-,
fendant had got fraudulent possession'of the horses,
such possession would not defeat the plaintiff's lien.
In the present case, the horses had not been out of.the
possession of Wallace. who had undoubtedly possessed
himself of them by an abominable fraud. If the Jury
should be of the same • opinion, they would find for the
defendant—if on the contrary, their verdict mist be for
the plaintiff.—The Jury, without a moment's hesitation,
found a verdict for the defendant.
COURT OF EXCHEQUER, DECEMBER 2.
THE KING D. HARTWELL.
This was an information filed by the ATTORNEY-,
Gariznar.. against the defendant, for the recovery of
penalties due on account of his having made alterations
in the stamp which is placed on Government paper. It
appeared that a quantity of paper had been sold by the
defendant, and that the stamp bore the mark of 741bs.
while it contained no more than 241bs. Suspicion arising
that the defendant had intended to defraud, an appli-
cation was made to the. Stamp Office, and it was ascer-
tained that the stamp had been issued only for 241bs. a
fraud being committed on the Revenue.
Mr. Jeavrs, for the defence, contended that the mis-
take might have been made by the clerk of the Stamp
Office, or by some person in the employ of the defend-
ant, and that there was no evidence to bring home the
fraud to him.
The Socurrou-GzaaaAr. replied, and the-Jory returned a verdict
for the Crown.
SECONDARIES' OFFICE, DECEMBER 2.
THE EAST INDIA COMPANY.--PLUNKITT U. BUCHANAN.
This was a writ upon a capias al legatum, to inquire
what property was possessed by Lieutenant-Colonel
Buchanan, a retired Officer in the East India Com-
pany's service? in order that the Sheriffs of London
might seize upon it, for the benefit of the plaintiff. The
real defendants in the case were the " Company of Mer-
chants trading to the East Indies." The amount claimed
was very considerable.
Several Gentlemen connected with the highest de-
partments of the establishment were present, besides
those who were subpoenaed to attend.
Mr. Jones stated, that this was a writ issued at the
suit of Mrs. Plunkett, for the amount of the value of
goods supplied to Lieutenant-Colonel Buchanan, who
had some time ago been outlawed, after certain pro-
ceedings had been instituted against him. In a former
proceeding his nephew, Mr. Walter Buchanan, had
been defendant, and upon that Gentleman it would be
necessary to call, in order to prove the amount of pro-
perty to which the Lieutenant-Colonel bad claim. The
stock to which the plaintiff, as creditor of the Colonel,
laid claim, amounted to nearly 40001. besides which
there were the allowance of the Colonel by the East
India Company, as an Officer, from the year 1821, and
other property, an accurate knowledge of which the
Company would, no doubt, most willingly communicate.
Mr. Walter Buchanan, examined by Mr. BOMPAL—
Had received from the East India Company the sum
of 3651. per annum for the Lieutenant-Colonel, being
his allowance as a retired Officer. Witness accounted
for this allowance, up 'to the year 1821, to the Crown.
He also received for him the sum of 1041. 12s. 6d.every
half year up to the year 1821. The latter sum had
been regularly remitted from India, in bills enclosed in
letters directed to the Lieutenant-Colonel, which witness
opened by virtue of a power of attorney, and he knew
from the Colonel that this was the interest of money
of his in India, in the hands of the East India Company.
Witness had one of those bills. It was protested, and
been accepted by Mr. Dart, the Secretary to the Com-
pany. Had witness received the amount, it should cer-
tainly have been applied to the Lieut.-Colonel's benefit.
It was here stated by the Counsel for the plaintiff,
that the bill had been protested because the Lieutenant-
Colonel had been outlawed.
The SECONDARY said, that there was not enough upon
the face of the bill to charge the East India Company
with the principal.
Witness continued—The 3651. a-year was not re-
ceived by any one to his knowledge since the year 1821.
He had not applied for it from that time, and he did
not know whether the Lieutenant-Colonel was still on
pay as a retired Officer.
Mr. Dart, the Secretary was then called, but he re-
ferred the Counsel for information to the Auditor.

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Mr. Melville, the Assistant Auditor of the East India
Company, stated that Lieutenant-Colonel Buchanan
was still a retired Officer on full pay, 11. a-clay. Could
not say whether Buchanan bad property in the Six per
Cent. India Loans. Upon looking at the protested bill,
he said it implied ►hat at the date of it, Buchanan had
property in the Six 'per Cent. India Loan, yielding
1041. 12s. 6d. every half year. The date was December,
1820. The exchange was at this period different from
what it then was. The Lieutenant-Colonel's stock was
what was called Bombay stock.
Mr. Botteas said, that upon calculating, he found
that the amount of property producing that dividend
was 3,4871. 10s. He claimed that amount in the hands
of the East India Company, of which the Bombay Com-
pany was a branch.
Mr. POLLOCK said, the question was, whether Bom-
bay Stock was seizable in this country ?
Mr. Melville continued.—The bill was drawn by the
Bombay Government upon the East India Company
here. Tfie pay had not bean issued since the year 1821,
because it was never issued without' the authority of
the Directors.
Mr. Joins contended, that the interest being payable
in England, the principal was also payable here, and
the East India Company were responsible for the debts
of the Bombay Company, as part of their establishment.
The SECONDARY said, that if the property was found
in England, these would be no difficulty in the matter,
but the funds must be in the power of the Sheriff of
London. There was no proof that this was a debt upon
the part of the East India Company.
Mr. Latvford, Solicitor to the East India Company,
stated, as an micas caria, that the principal of a debt

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of the Company *at paid, aecordiog to the contract,
either in India br itt England. •
Mr. Melville, upon being called agate, said, that he
could ascertain from the books of the Compenrjiwhe-
ther the principal was payable here or not. Thbra'
books were in his possessioo, but he had not tbspasbo-
rity of the Directors to bring them forward. •
Mr. Bosepa observed, that it was very, estraordinary,
that the Directors should withtfold the means of infor-
mation, and asked Mr. Melville, whether in his notice
to attend; e was not called upon to produce all books,
documents, &c. relative to the case?
Mr. Melville, admitted that he had been called upon
to, produce the books, and said that application had
been made to the Directors upon the subject, but he
was not permitted to bring them forward.
Mr. Walter Buchanan again called.—The Lieutenant-
Colonel's stock had been transferred to witness in India,
and he received 2501. interest, which he paid away. He
had also received the acceptance which had not been paid.
Other officers in the service of the East India Co-
mpany were then called, and asked whether they had
brought any books or documents to clear away the ob-
scurity attending the case? but they all replied that they
had brought nothing that was required of them. .
The proof as to the principal having failed, the
Counsel for the plaintiff then went for the Lieutenant-
Colonel's pay, the arrears of which amounted to up-
wards of 1,0001. Mr. BOMPAS contended that it was
claimable by Buchanan, and of course seizable by the
Silvia.; and called upon the officers of the East India
Company to produce the documents on the subject of
which they had received notice in their subpoenas. They
all replied that they had no documents to produce.
The SECONDARY said he must have some proof that
the pay was a matter of right, and not a mere gratuity,
before he could seize upon the arrears.
Mr. Joszs and Mr. BOUPAS said it was inexplicable
conduct upon the part of the Company to refuse to give
facilities. In this case everything which ought to have
been done had been omittei or refused.
The SECONDARY said, that if the pay was not de-
mandable upon the part of the Lieutenant-Colonel, it
was not demandable upon the part of the Crown, which
claimed under the defendant.

Mr. Bosuns.—We have called upon the officers of
the Company, who are qualified to prove it, and refuse.
Buchanan's claim is shewn by his service.
Mr. Melville here observed, that the pay was claim-
able under what were called military regulations.
Mr. BOMPAS then called upon him to state the nature
of the regulations, and whispered to a person to run to
slaw stationer's and procure a copy ; this was done in
an instant ; the copy was brought, the regulations read,
and admitted to be conclusive in favour of the claim,
which was established after 25 years service.
The SECONDARY, in addressing the Jury, said, that
although he considered the East India Company de-
fendants in this case, be certainly could not guess why
they had withheld the information which it was in their
power to give, and which they had been regularly called
upon to produce. It was extremely unlike the usual
conduct of the Company. He then told the Jury, that
they were to find to the amount of 1,1991.125. 6d. which
included the arrears of pay due by the Company.
" The Jury accordingly found to that amount.
1 OLD BAILEY, DCCEMBER 2.
When the Jury were about to be called, ad aged man,
of a severe formal aspect, begged to address the Bench.
He said he had been summoned to attend on the Jury,
and desired to put the Codit in possession -of the rea-
sons whichinduced him to wish to decline the duty.
Mr. Serjeant AIIABIN-..What is the impediment to your serving,
are you labouring under any infirmity?
Applicant—l have some conscientious—l mean scriptural objec-
tions, to serving on the Jury.
Mr. Serjeant Aaaani—l cannot sit here to listen to speeches. If
there is any reasonable cause why you should be exempted from
attending the Jury, ton will get the benefit of it, but you must teU
us what it is.
Applicant—l have scriptural reasons for wishing to decline the
duty—at least I have some doubts which I wish to have solved.
The Scripture says, " Every man must be satisfied of the hope and
reason that is within him." I want, therefore, to know, on scrip-
tural grounds, the nature of this her business?
The Coua informed him, that it was simply this—to hear the
evidence with attention, and return a conscientious verdict.
Applicant—Oh, but I am very deaf!
The Loan Mayne wished to know how long he had been deaf,
as his hearing appeared to be very good at present?
The applicant said, that I,e had been so seven yeses, and declared
he did not hear a sentence of the commission which the Clerk of
the Arraigns had just read i indeed, he never heard anything which
he did not comprehend ! I sbaU (said he) raise a doubt upon every
puint—( Loud laughter).
The Comte put it to hicoul
d
not whether he could swear that be
not conscientiously perfor his duty ?—No direct reply was given,
but the Gentleman retur ed to his polemical reasoning, when he
was ordered to stand down.
The COURT seemed to think that he was a most un-
reasonable man, rend completed the panel without him ;
and the scrupulous Gentleman retired, apparently un-
moved at the risibility he had excited.

James Haley was then put to the bar, charged with
maliciously setting on fire the premises which he occu-
pied in Argyll-place, on the night of the 31st of Octo-
ber. The case occupied a considerable portion of the
day. The circumstances have been so recently and so
fully detailed in the police reports, that we refrain from
repeating them here, particularly as they are of a very
uninteresting description, and varying little from the
history of cases of arson.
The evidence for the prosecution having been gone
through, the prisoner called
Redmond, the husband of a witness for the prosecu-
tion, who stated that he had known him for ten or
twelve years; that his children had been in the habit of
playing at his house for weeks together, and that
on the Sunday night, an elder child had come for two
others who were there, but his wife objected to their re-
turning home, as she stated that she would take them
home herself next day. With respect to the wearing
apparel, which the prisoner stated had been burnt, the
witness said that the prisoner's- wile had been in the
habit of dressing well, and that he had seen her wear
silk gowns.
The prisoner's daughter was also called, and she stated
that on the night of the fire they were taken so much
by surprise, that they were obliged to take shelter for
a considerable time in the watchman's box, in a state
little better than that of nudity. She also spoke to
951. having been in the trunk, and to the wearing ap-
parel having been in the house.
Two other witnesses, who were neighbours of the
prisoner, gave him an excellent character for honesty
and industry.
The Jury expressed a wish, to retire, and after being
absent half an hour, returned into Court, when they
pronounced a verdict of not Guilty.—The case lasted
from ten in the morning till nine at night. ti
NEV COURT. •
Edmund Norman, aged 15, was kidieled for stealing
a handkerchief from the person of Joseph Mee, on the
.30th of November.
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