Star.
London, England, 1823-02-26 00:00:00

LAW INTELLIGENCE.

COURT OF ICING'S BENCH, FEBRUARY 25.
HALL'U.
This was an action by the bearer against the maker
of ten Southampton one-pound Banknotes. At the
trial before Mr. Justice Burrough, at the last Assizes
for the County of Southampton, a verdict was found
for the plaintiff, subject to the opinion of the Court
as to the several liability of the defendant on the notes
in question. This was a case of very considerable im-
portance to country bankers. The defendant was a
member of a banking firm at Southampton, and the
question was, whether he was liable to be sued alone
on the notes, which were in the following form :
" I promise to pay the bearer, on demand, one pound, value
received.—Southampton, the 24th day of March, 1818.—For W.
Smith, W. P. Smith, and W. R. Taylor, " Wm. SMITH."
Mr. SELWYN, for the plaintiff, contended that the
defendant, though he might be jointly liable with
his partners upon these notes, yet there could be no
doubt that he was also severally liable, inasmuch as
the words " I promise," imported a several under-
taking to pay the money. He cited several cases
analogous to this in support of his argument.
Mr. BAYLEY, on the other hand, insisted that the
form of the notes only rendered the defendant liable
jointly with his partners, inasmuch as he signed the
notes for himself and his partners, and consequently
they were only joint undertakings. He urged the
universal opinion which had long prevailed in the
mercantile world, that the person who signed notes
of this description for and on behalf of himself and
partners, never could be considered severally liable.
The decision of the Court, in favour of the plaintiff
in this case, could not but produce an effect as to the
liability of country bankers, which was never yet
contemplated. If the Court should hold the de-
fendant to be severally liable upon these notes, he
saw no reason why Mr. Hase, the Cashier of the
Bank of England, might not be personally liable
for the amount of every note issued by the Bank ;
inasmuch as every bank•note commenced with the
Ovoids " I promise," thereby importing a personal
undertaking. Considering, therefore, the momentous
effect which such a decision might produce, he
trusted the Court would pause before they decided
that the defendant was severally liable.
Mr. SELWYN was not heard in reply.
The COURT being clearly of opinion that the de-
fendant was severally, as well as Jointly, liable upon
these notes, the notes imported, from their very lan-
guage, a personal undertaking. It was unnecessary
to decide that the defendant could make his partners
severally liable, although there was no doubt that he
could make them liable jointly. It was by no means
clear that even Mr. Hase, the Cashier of the Bank of
England, was net personally liable upon the notes
issued by the Governor and Company of that Insti-
tution ; but, happily, there had never been any occa-
sion yet for raising that question. However, this cast '
was mainly distinguishable from that. Here the def.
fendant was a partner, and undertook for himself and
partners; but there Mr. Hase wholly undertook as as
agent far a chartered Company. There was one very
good reason why the member of a banking firm,
issuing notes of this description, should be held seve-
rally liable—namely, the difficulty to which a plain-
tiff might be subjected in proving the partnership,
and ascertaining beforehand who the members of the
firm were. • On grounds, therefore, both of policy
and law, judgment ought to be given for the plain-
tiff.—Judgment for the plaintiff.
The. COURT intimated that they would go upon the
Crown paper to-morrow and Thursday.
THE LING V. BROWN AND ANOTHER.
This was an indictment against the Rev. William
Robert Brown, late Rector of the Parish of Little
Clackton, Essex, and George Hutchinson Whitehead,
solicitor, of Cork-street, Burlington-gardens, for
having, in 1819, entered into a conspiracy to cheat
and defraud Sir Colin Campbell of 6,0001.
Mr SCARLETT stated the case.—lt appeared that
Mr. Brown, in 1819, employed Whitehead, who had
formerly been a clerk in the office of Mr. Howard, to
raise money for him on the sale of a freehold estate,
which he pretended to possess in the manor of Great
Holland, in the County of Esser. The necessary docu-
ments having been procured by Whitehead, as a pro-
fessional man, application was made to Messrs. Wat-
kins and Co. solicitors, of Lincoln's Inn, for a purchaser.
Brown requested, under an appearance of delicacy,
that his family might not be made acquainted with
She sale of his property, and with the assistance of
Whitehead, brought forward documents which in-
duced Messrs. Watkins and Co. the Solicitors of Sir
Colin Campbell, to purchase the estate. Six thousand
pounds were paid on the execution of the deed of
conveyance. The greater part of the money Mr.
Brown applied to the payment of annuities, and ab-
sconded with the rest. It was then discovered that
the estate was the property of Mr. 'Cole, Brown's
father-in-law, and that Brown never had any right to
it, although he had described the property as his own.
The presumption upon all the facts was, that White-
head had conspired with Brown to commit the fraud.
A deal of evidence was offered in support of the charge.
The SOLICITOR-GENERAL, as Counsel for White-
head, admitted that a fraud had been committed, but
contended that Whitehead had not been a guilty par-
ticipator. He had been drawn in by the superior ad-
dress of Brown, and the excellent character which
Brown bore as a Clergyman in his parish. -.
A mass of correspondence between thedefterdantt
was read in evidence, and the inference was that White-
head bad been made the dupe of Brown.
Several respectable witnesses gave Whitabood-a
good charactet.
At-half-past nine o'clock • the Jure, withottellut,
, hesitation, found the defendants Guilty.
COURT OF COMMON PLEAS, FEBRIJAR? *5.
ASSAULT— AIWA aRtOUE AFFAIR.
CORDINOLEY V. swum: •
Mr. Serjeant VAUGHAN stated the CAW to tbe sut
It was in victim brought to reedier damagisler an
assault;' aad ;barge Of a very seliotts wit*: • The

defendant bad pleaded the general issue, and the Jury
would say what compensation -the-plaintiff was en=
titled to, after they had heard the evidence.

James Peacock deposed, that in July last he was
at the Still public-house, in Barbican. The plain-
tiff, defendant, and a Mr. Sherwin, were present.
Scribe betting took place; a woman was present
when Rogers first came in—she was in his com-
pany. Atter some time the defendant said he had
lost his watch-case, and insisted on an officer
being sent for, and the parties searched. The com-
pany were agreeable, and on the officer's arrival
the search commenced; but the case was not
found. They then went to the watch-house, where
the defendant gave the plaintiff in charge—but the
night-constable refused :o take it, on account of the
respectability of the persons; and, on their promising
to appear next morning before the Magistrate, all
were discharged. Witness was present next morning
at Guildhall, when the defendant persisted in his
charge, but the case was dismissed.
Cross-examined by Serjeant PELL—One wager
was, that a letter should be written which no person
could read; another was about swimming—(A laugh).
The bet witness proposed was, that he would apply
a piece of paper to the flame of a candle without its
burning—(A laugh).
Serjeant'PELL—Are you a conjuror or a slight-
of-hand man, my pretty Peacock ?—(Loud laughing):
I don't know that I ever betted before about the
paper. The way in which the trick is done, is" by
putting the paper above the flame, and close to it,
and then blowing upon the paper—(A laugh).--
Witness did not know whether the window was open.
The Magistrate did not reprimand thi patty next
morning-4re merely said, " it is very foolish to be in
a public-house."—Witness has commenced an action
against defendant, as also had. Sherwin, on the same
• charge.
The Jury returned a verdict for the plaintiff—Da-
mages One Farthing.
Mr.*Serjeant PELL hoped his Lordship would ati
low the case to be certified with costs.—Granted.

THE EVENING STAIL

LONDON.

.•

WEDNESDAY, FEBRUARY.
THE VUNDS.

fA~~ _. .

.STOCK
• This Qui stttling.iiii at the Stock Exchange, the Me hisei-
nest doing is settling Actuante. In the early 'part of the tisarn-
ing there were four defaulters, and more are exiiviled. Consols
opened.at 731 I, and were done at 74, init went ali*tt igiin to
• 6, at which price they are up to this hour, with Mritier...a.
• heavy market.
Expresses this morning from Paris bring the French Fundi
somewhat improved—SO f. 10e. and Spanish 36. • .
We underatand, by the French Papers that the ex.
peeted Expose of CHATILACILIAND bad not tlketi papa' 707
• and it appears that the warlike preparations stlii shard:4l'..,;
FOREIGN FUNDS. , ~„. 1 •
• • There is not much doing this morning in thealanio 4444
Spanisb Bonds oprncd at 33 335 334 335.1, with a slack.
Milian, 605 ; New Spanish, 335; Old, 39; New Pilr
sian, 75; Old, 78; limaiian, 73; Danish, 78; _NeargiLia,f7 ;
Colombian, 4s ; Spanish Scrip, 335.
RUSSIAN FIVE PER CENT. STOCK OF 1892.
I.I4TMIST PATAJILI u CONDO!(.

Bayonne rapers of the lBth of February arrived
this morning, but they contain no intelligence except
the plan for the approaching campaign, as laid down
II the factious Chiefs. We subjoin extracts:

The DIVIDEND on the above STOCK, which becomes
DUE on the ist of MARCH next, will be PAID by Mr.
N. M. ROTHSCHILD on that and every succeeding day, Sun-
' days excepted, between the hours of Ten and Two o'clock, and
the Holders are accordingly desired to leave their Coupons, with
Lists thereof, IA numerical order, at Mr. Rosstempue's Count.'
ing•bouse, No. 9, New-court, on the 28th instant, as one day
will be required to intervene in all cases, for the purpose of eta-
mination.--London, New-court, 7th February, 1843.
PRICES OF STOCKS AT ONE O'CLOCK.
Rank Stock 239-3 per Ct. Reduced 741/2 5/s 34 %
3 per Cent. Consols 73% 74 731% 741/2 74
• 114 per Cts. 863/s 5/8-4. per Cents. Old 931/ 14
4 per Cents. New 9314
Bank Long Annuities 1914 34
India Stock '237 2351/2—Bonds 20s. 19s. 235.
Exchequer Bills of £l,OOO, 9s. 65.'95. Bs.
Consols for April Acct. 74% 73%s 741 A.

There were tio proceedings pi the House a...C40f
mons last. nightlehich attracted, or.whieb, feet,
ate likely to • attract, much attentiott.c.. Mr Htikes
motion relative to the Colonies was one, however,
which, if the People-of this country desire to 'Secure
to themselves the benefits at good govcerteacnt, ;ts
well woithy of their regard. The object of it -*a's'
to procure accurate information is td the Seel: b&
money which the Colonies, individutilly
lectively, cost the Country. This inforcnatinn,, as
far as it can be procured, is to be • laid
Parliament; much of it being, in fact, ialritady
given in various Parliamentary docurnetits.. From
the knowledge already posiessed, therolir reason
to believe that, in a pecuniary point of, .view„,-all
our Colonies area dead loss totha nation. There are
a number of individuals undoubtedly interested in
preserving them in dependence on Great Britain; but
it seems no longer a doubt ihit distant possessions,
held on the principles of our Colonial, Government,
are a great drawback on national prosperity without•
in any way augmenting national commerce. As the
-question of- giving up many of these Colonies will
'come ere long to be discussed in Parliament, we shall
take air early opportunity of recurring to. it, and
throwing on it all the light in our power.

The French Papers of Sunday, which arrived late
last night, have brought no intelligence of inspott.

ance. In the Chamber of Deputies, after some little
discussion, accompanied by the usual exclamations
and usual tumults, the Report relative to granting
100,000,000 francs, was adopted.
By accounts from Perpignan, it appears that the
Army of the Faith is to bd re-organised, and, if pos-
sible, increased to 6,000 men. Thaw traixbrs to their

country are to form the advantectluard of the French
al my. We trust the treatment they have already
found, when hatred of their machyritions was not
strengthened by an intense love of national. Jade._
peadence—for the Constitutional Spaniards were then
unassailed by a foreign foe—is only a slight specimen
of the reception ar►d destruction, that will await them
when they go as the harbingers of the invader.
tie Journal des Debats, which is the official organ

of M. ele VitLet.e's party, has assumed rather a
more pacific character, and is evidently mustering
up all the proofs it can collect of the possibility
of peace being yet preserved. Among them, we ob-
serve it alludes to the neutrality of Auitria, which
has also been stated in the Chamber of Deputies, as
a matter quite .certain.
Two explanations ategi,eiia two Month% Papers,
both ciaiiiting to lie 'from WO authority, of the pre-
sent suspeasianof further war proceedings. Leaving
our Readers to judge between them, we subjoin both :
• It win be recanted that Lord Lotarriit.-stated, thin (in
addition tom aodsocbefirerat eendderatarte) other especial
and peculiar; circeinstaniesitad occurred, seenevery reeartrys.
which should make him Alf Mere attentioady Oppche any dip.
cussiait of the 'veinier eelatloni beiweei Vracc and
The ciimumntnees hero alluded' o can of cookie only
application to ni for .Jelly iroen- Coate tree connected rrielfit,‘
Freheh Ciosernmens; and accordingly we have beard, that the:
BMW AlWdstith have been reii!eited to avoid thithi mesh
surei, nor making ant statement in-Parlament, till thpy.siiilddll
hive nyteleuiehitopedtion, *Weft it. de ensizanaillaililrani
to radio lit a ltaatay kit, of the *on of Praicl dot
. Siam; awl Olgesititm;• Itwadboiled,
factory 6 Mir MuMry
It Whew endeMteeth. that the dimpaeallot Mhhb tariteimai-
- Rheumy Micelved from Madrid, itrimitiiin Stir; expeetedbus;
formed by Misdates* aethe abovepeibill (about a iiiitaiglitago),.
that War will mill be wrested.

•• A change in she policy of the Spanish Dlinistly is now eta

. • -
fidently anticipated, and !f *snorted that a cerrestandliiidlis.:loa'APßTSMOUTH'S ASR=--TIPS DAY.
• - ,i-o, •-. ..,
poddor to op,"„„ tisygds anAffability, through ittarhitli** ••,,,'. - • - ingot • •' `*
ma
L. ..
,for therheit7 to ige-hiin.. Mr.,Serjeant.Par.s., act
panied by Mt. Lawaiticat'sergedo; left the room' to
Wait on Lord Postiossotrfa, which was represented
tigafifi persevere!** ansjakeekinediation of Great Britain, bni 4eillin ws : wai ..tontiM4 !this
- t.
bteht manifma*ta', liiiit Counalt of tit French Governnusah' g. i •4 , . 1, •
" Thialavond*le chap in thnifikposition of the French' . , ,asis: Manchester, cilfa '' of %tied rAtisfaith's.
Spanish cabin g is attrnia-aiai: not only to the firm attittidn aiiised to havitsg freqiiendy sett and conversed with Lord
attach has been- unifortsaltapidisteined by Os- British MinhtrY) _Portsmouth* Ott, artessisorat itubjectiAsetween .1403 ind 1-41 4.
throughout the whole of this very delicate and difficult negociss geld,diat lad•dorWmpoidi-atvegti) spoke on these subjects like
don, but to the extraordinary upaiiinity. and strong failing any sitor`Nowsmaliar Gesdaman.,
._.
which have been so • unequivocally expressed, bath within find - 1,,,n- ~orve444o4.lpliq:o of the case, that
without the walls of ParllantAtt, respecting the decisive and Cora io' • ' " • •_si • ,• - • •
z-ottrololl7lt7ll‘ol4lwesorogreoast wasting\
Coostkuctoriat lice Of conduct which has hitherto been pursued ' . • .. I
by. the Znglish Goeeranw4t."—Monfil;ll lioraide - ' • •
to the coiskt, by the Cotrnoel - for the opposite party
as. an improper proceecrng.
This attack produced a consiJerable altercation,
among the. Counsel on both sides, and some severe
remarks were made, as well on their conduct as on
some applause which had-been bestowed by the Jury.
When our Paper went to press Mr. Serjeant Prt.t
was defending himself; after which, it was supposed
the Jury would retire to see Lord PORTSMOUTH.

THE ARMY.

A troop of the 7th Dragoon Guatds marched from Glasgow,
on the IPth inst. to Kilmarnock, and proceeded en the follew.
ing day to 'trine and Ayr, where it is to be statlored, in aid of
the Revenue Officers.
One troop of the 9th Lancers has received orders to march
forthwith from Lymington to Christchurch Barracks.
A squadron of the 2d Dragoon Guards marched,. yesterday,
from York, and subsequently detached one troop to Scarbo-
rough, and another troop toWhitby.
A detachment from the l)epots at Albany Barracks arrived
to-day at Deptford, for the purpose of embarking, as a
Guard, under the command of Captain TRON4ON of the 13th Re-
giment of Foot, on hoard the Competitor convict ship.
Monday se'anight two detachments, consisting of a subaltern
and 26 men each, marched from Cork, the one to be stationed
at Garrycloyne, and the other near Glenville, near liallyhooly.
Bedding, and accommodation sufficient for their continuance for
some time in these quarters have been conveyed.

MILITARY PROMOTIONS.
Commlssiotu signed by the Lord lieutenant of Surrey.
Ist Regiment of Royal Surrey Militia—Ensign Thomas Bailey
Potts to be Lieutenant, vice Garthwaite, deceased.
Surrey Yeomanry—Thomas Smith, Gent. is be Lieutenant.

ConunMinns signed by the Lord lieutenant of Susar.t.
Richard Stink= and Henry Tredcroft, Ebqrs. to be Deputy.
Lieutenants.
MILITARY EXPENDITURE OF THE COLONIES.

Abstract ot the Actual Disbursements of the several Ccinmit-
•: . Min area Foreign Stations for the Year ending 2.911 De-
.. t tishes,lB9l, paid by Great ',titan, exclusive of the Revenues
•allasted in the several Colonies, viz.
I. Canada - - - - 4154,791 12 9
. 2. Nova Scotia and New Brunswick 125,355 5 11
-• 3. Newfoundland - - - 9,921 7 2
4d Bermuda - - - !8,969 13 10 •
S. Bahama Islands - - - 7,904'18 0
Windward and Leeward Islands,
h•••• and Colonies - - 564,108 9 0
7.. Jamalea - - 115,691 9 0
IL Cape of Good Hope - - 177,043 13 0
9. Mauritius - . - 57,274 13 1
to. bleditetvanean - - - 201,647 4 3
140,09! 8 4
62,298 4 1
6,371 2 6

11. Ga►nins
i 2. Sierra. Inane and Gambia
14. Hoicked;

X 1,632,4298 0 11

NAVAL INTELLIGENCE.

• . . - •
The tbtebe,.F.vasteroa, from St. John's, New Brunswick.
to Liverpool, was totally lost on the 19th inst. near naive.
Crew saved.

Mr. ?yam, Midshipman of the Drina, on the Seuth-Ame-
rims station, has been promoted to the rark of Lieutepares, and
appointed to that shlp is the-room .of Lleutenaot JAZIU HZ*.
mason, invalided.
Fautouvit, FEL 24.—Wind W.—Put back the Dyke of Kent
Racket (1), for Lisbon, with damage, and loss of one man washed
overboard.

Pt.rstocro, Fez. 24.—Wind West.—Arrived, the Retrench,
Aram., from London for Teneriffe, out ten days. Put back,
the Marlon, Iberia aosox, from London to Bermuda, making a
great deal of water, and the Master seriously injured from a fall.
Fea. 5. —Wiad S. W.—Arrived and sailed for the
River, the John and Grace, Mama, from Alums; and a
whaler, name not ascertained. The Elizabeth, Davis, for Van*
Diernan's Land, sailed last right, and put back this afteroooa.
Ilalf-past Siz.—The outward-bound appear all well. TheWind-
tor Castle sailed for the River this morning. Came down from
the River last night, the Vittoria, TATE, for Trinidad..
LazurooL, Fan. 24.—We bad a tremendous gale lastght
from S. S.W. to S.W.—it was as violent as the gale of the sth of
December, for a short period, and I feat we shall have bad ac.
counts from the coast.
P ENZANCE, Faa. 23.—Arrived the French vessel Le Frederic,
of St.Vallery ea Cum, Captain GIALLAUME, coating from Car-
dill, laden with a cargo of iron, bound to Plante,; the ocbooner
Grace, of Penzance, Captain Rosswar.c, from London, with
sundries, for this port. Sidled the Dispatch, of Dungarvon,
Captain WaLso, for London, with a cargo of bugler and oats,
having discharged her cargo and undergone repairs at this port ;
the brig Thirza, of London, Captain Tampa Rosman, with a
cargo of oats. for London, having been repaired at this place ;
the French vessel Le Frederick, Capt. Gurt.i.anssz, for Nantes.
Arrived at St. Ives, the Dutch ship ApoUo,of Antwerp, Capt.
Douai), 300 tons, from Batavia, hound to Antwerp, pith a
cargo of coffee, sugar, and hides ; 1 i 5 days passage,. in distress.