Star.
London, England, 1825-03-07 00:00:00

THE ARMY.

Saturday night's Goalie antains his Mansxv's approval of the
24th Foot bearing on its colours and appointments, in addition to
any other badges or devices, the word " Peninsula," in comme-
moration of their distinguished conduct in the Peninsula.
Last Thursday. his Royal Highness the Duke of Yost inspected,
at the Fencing-rooms in Bond-street, a detachment of the 7th Hus-
sars and Royal Horse Artillery, under Mr. HINLY ANGIIdS in-
struction in the sword exercise. His Royal Highness expressed
himself quite sati3hed at the effective manner they performed the
various evolutions, and also at:the skiU displayed when engaged
with the practice-stick and foils, skewing the knowledge they had
attained both in the use of the broad and small sword.

Major-General blicou.s is appointed to the Staff at Madras, vice
Major-General Symms., resigned.
Detachments belonging to the 2d, 6th, 13th, 35th, 43d, 45th,
54th, 48th, 76th, and 77th Regiments of Infamy, marched on Sa-
turday morning, under the command of Staff-Serjeant idomt, from
Westminster, for the Depot in the Isle of Wight.

THE ARMY IN IRELAND.
Sir Joint Coxsomm is about to be appointed on the Stair in Ire.
land, and to command a Southern district.
The 4th Dragoon Guards are daily expected at Limerick from
Dublin, supposed on a route to embark at Waterford for England.
The 3d Dragoon Guards, it is reported, will more from Caher
to Newbridge.
The 66th Regiment of Foot has moved from Lanesborough
to Boyle.
A detachment of the Ist Royals sailed on Monday from Cork for
Chatham, on their way to India, to reinforce the 2d Battalion.
Captain GOLDON'S company of the 19th Foot marched on Tues.
day morning for Askeaton and Abbeyfeale, to relieve the detach-
ments of the 61st Regiment in those stations, which are ordered to
juin bead-quarters.
It is supposed that the head-quarters of the 78th Highlanders,
ordered from Dublin to the South West District, will be stationed
in Limerick, and three companies will be detached to Clare Castle.
Colonel WHITE has appointed WILLIAM JAMES ALEXANDER, Esq.
to be Major of the county of Dublin Militia, viceatmixxon resigned.
[For Military Promotions as first page.]
NA VA LNS7I6SrISOIINGE.

The &owns sailed from Rio Janeiro on the 18th December, for
Valparaiso and the Sandwich Islands. The Esz, for Africa; the
Essen, for the West Indies; the Nimes, for Halifax; and the
Gonenicm, for the Brazils, sailed from Madeira on the 28th Ja-
nuary. The Sinunarazaar, and Cainain remain ed at Smyrna
on the 15th January.
Lieutenant Wisuass Nevin (son of Wn.i.nat NevILL, Esq. of
Winchester) of his Majesty's ship, Jassava, is promoted to the
rank of Commander.
The free-trader Madras, Captain FATZZI, R.N. r(which drove
on shore in the gale of 21st Nov. last), sailed on Saturday from
Portsmouth, with passengers for Madras.
Off Dover, the Cyrene, Bassurr, from Demerara ; Neptune,
%czars, from Charleston; Delphipe, --, front Rio • and Ellen,
Camas, from the Cape of Good Hope—sailed 24th December.
FALMOUTH, Malicia S.—Wind N.—Arrived the Emulous packet,
from Rio Janeiro—sailed 9th January ; and the Magnet packet,
from Lisbon. Sailed the Duke of Kent packet, for Lisbon; and
Osborne ditto, for the Mediterranean.
Pzymourm, MASCU s.—Wind N.—Arrived the Venus, Pea-
taws, from Messina. Sailed the Branstons, Wri.sow, for Rio
Janeiro; Mary, M'CLuaz, for Jamaica; Henry, STIZI4' for Ma-
deira; Jane and Harris, Arrow, for Marseilles; and Britannia,
Rurr, for Lisbon.
POILTSMOUTI, MARCH 6.-- Wind S. by W. Passed down
Channel the Hon. Company's ships Atlas and Herefordshire, for
the East Indies. Sailed the Madras, FAYZEIL for Madras, and
brought up again at St. Helen's. Arrived the London, SIIMI, from
Petersburgh ; and from the Downs, the Sophia, RAs, for Tampico;
Hopewell, Stara, for Jamaica; and the Mahon, LAWTON, for
Tenerife.
Dear., Mang 8.---Wind N.W.—Arrived and sailed for the
River, the Calypso, Hurainison, from Alexandria; Queen, Jowu,
from St. Michael's ; Luna packet, Pnasow, from Pillau ' • James
Dunlop, from Sierra Leone; and Greenock, from Bengal—sailed
31st August.
Livearoos, Mann S.—Arrived the Selims, Litman:to, from
Mobile; Tamerlane, Jonsson' from Savannah ; Westmorland,
Jerrsasox, front Charleston; Edward, Onset-from ditto; Cale-
(donia, ---, from ditto; Charles, Sultanas, from Boston ' • Campo
Bello, from St. Andrew's (N. 8.) ; Livonia, Swan, from Leghorn;
Venus, Simons, from Messina; and Vigilant, Chivas*, from Lisbon.

nts

Yesterday, his MAJESTY and Household
heard Divine Service at the Royal Lodge, Windsor.
Yesterday, Divine Service was performed to the
King's Household, at his Palace in Pall-mall, by the Reverend
Dr. Busataaach,
Mr. Secretary CANNING is fast recovering from his
late attack of the gout.
Saturday, the CHANCELLOR of the EXCHEQUER and
Lady SARAN Ammon had a numerous dinner party.
The Lords of his MAJESTY'S Most Honourable Privy
Council assembled at the New Council Office, Whitehall-place, on
Saturday morning, at half-past ten o'clock, for the purpose of hear-
ing and determining French appeals. There were present, the
Earl of HARROWIT, Lord Gun*, Lord STOWILL, Lord Cm.-
magma, and Sir Joux Mauna.; their Lordships were occupied
till four o'clock.
Intelligence is said to have been received at Liver-
pool,fully confirming the successes of BOLIVAR in Peru.
PURTSMOUTH, MARCH 5.-A part of the baggage of
Sir CHARLES STUART, has arrived and been shipped
on board the WELLESLEY. His ExCellency and suite are
expected to embark in the course of neat week.
An Officer of the Nth Regiment, oho was dismissed
the service some years ago in India, is supposed to com-
mand part of the Burmese force near Rangoon. Several
Europeans have been observed in their ranks.
The Eat India Company's ship Earl of Balcarras
was proceeding from the Sand Heads, on her voyage to Penang
nd China, on the 17th August.

LAW REPOlt7t

COURT OP CHANCERY, MARCH L
JOINT STOCK COMPANY.
vANAANDAU V. PETER MOORE, ESQ. ANb aturrunt.
This was a motion by Mr., HEALD, on the part of
Mr. Vansandau, a Solicitor in the City, against Mr.
Peter Moore, the Chairman of a Society 9r lifititution,
called the British Annuity Company, and Mr. Mitchell,
the Secretary, to ,prevent them from declaring the
plaintiff's shares forfeited, in the event of his not pay-
ing up certain instalments on his subscription ; and also
to prevent the execution of a deed of settlement from
being executed by the Directors and Subscribers, on the
ground that it contained regulations contrary to the
terms of the original prospectus. The plaintiff bad
become the purchaser of forty shares upon the terms
held out to the Public in an advertisement; and consi-
dering-that the defendants had departed from their
original contract with the Public and with himself, by
the regulations they had adopted, and particularly by
appointing Directors, with fixed salaries to a large
amount, and by making demands for the payment of
instalments injurious to the interests of the general body,
and calculated to give advantages to the larger capi-
talists, had written a letter in the first instance to the
Directors, declaring his dissent from their proceedings;
and not meeting with the redress to which he was en-
titled, had filed his bill to compel them to do him jus-
tice—to this bill there was a general demurrer, for want
of equity and proper parties.
Mr. SUDDEN was heard in support of the demurrer.
He stated, that the object of Mr. Vansandau was to im-
pede the progress of this Institution, until such time as
arrangements should he made that met his approbation.
He had purchased forty shares, at the rate of 501. per
share. The Society was to consist of 60,000 subscribers
for 501. shares, thus constituting a capital of three mil-
lions. The plaintiff having become the purchaser of 40
shares, upon which he had advanced a subscription of
W. each, was disappointed at finding that this Society
was not like many of the bubbles of the present day,
calculated merely to enable the original subscribers to
sell their shares at the prices advanced; but on the
contrary, that the object of its promoters was, that it
should become an effective institution, to be carried on
for the benefit of the Public, and with that view to have
the whole of the capital paid in. It had never, he said,
entered into the plaintiff's imagination that this was to
become a /tone fide Society. The provisions adopted
by the Directors had destroyed his power of selling his
shares, and interposed bars to his obtaining the advan•
tages he had speculated upon. The Learned Counsel
inferred that the plaintiff had no right to come into a
Court of Equity, and proceeded to reason, upon legal
principles,that the demurrer applied to the whole of the
plaintiff's Lill, and precluded him from obtaining the
relief to which he alleged he was entitled.
Mr. HEALD, on the other hand, contended, that the
Directors having assumed to themselves the power of
making regulations which were contrary to their pro-
spectus, were liable to be controuled by the plaintiffor
any subscriber who disapproved of their arrangements.
The LORD CHANCELLOR wished, whenever cases of
this sort were argued before him, they should be con-
sidered upon the principles the Court applied to part-
nerships ; whatever were the grand names prefixed to
such Societies, they were nothing more than mere
partnerships; and if in the dealings of partnerships
there were rules or orders entered into which the majo-
rity had no right to make, could any one partner come
into this Court and desire such rules or orders to be set
right ? Was the Court of Chancery to b. continually
called upon to direct and regulate the concerns of ,co.
partnership ? The Court assumed no jurisdiction to
regulate the concerns of a partnership from day to day.
If there was an agreement in a society such as this was,
that the Directors should have a discretion to extend
their capital, the Court would understand it to mean a
sound discretion ; but would the Court hold jurisdiction
to determine whether the extension was too great or too
little ? Could it be liable to be called upon so to exercise
its jurisdiction every six weeks? He was aware that
this as well as many other institutions might be bene-
ficial to the public ; the man must be out of his senses
who would. assert that such Societies might not be use-
ful as well as detrimental; but if these Who entered into
them did not choose to take upon themselves a corpo-
rate character, either by Charter or Act of Parliament,
it was a material consideration for them, let their object
be as useful as it might be, bow they were to provide
remedies among themselves for some against the body
at large, or for the body at large against some of them,
it being a clear point that no Court of Equity could
manage a partnership from time to time ? He begged
leave to say publicly, not with a view of ember- i
rassing useful societies of this nature, for there were
many that were highly useful, but because he con-
ceived it to be of the highest importance that those
who engaged in them should take care so to regulate
their concerns by the deeds or instruments they signed,
that they provided sufficient remedies one against ano-
cher. His Lordship observed that in all the old Acts of
Parliament with reference to this subject, instead of a
general recital, whereas many persons have agreed so
land so, Parliament used to insist on having the names
of all the persons concerned inserted in the preamble,
thus making the Act of Parliament itself a memorial
of the persons who were liable in the event of any indi-
vidual being injured by the regulations of the Directors,
or the body at large ; but now it was the practice not
to introduce the names of any persons at all into the
Acts of Parliament. If the Directors of such an Institu-
don made allowances for themselves to which they
were not entitled, a bill in equity could not prevent
them; the partnership might be dissolved, and upon a
bill calling upon them to account, improper allowances
might be struck out; but upon a bill such as the pre-
sent one was, the Court could not prevent them from
making what allowance to themselves they pleased.
His Lordship's observations branched out into a variety
of other matters, after which
Mr. KNIGHT rose to follow on the same side with
Mr. HEALD.
The LORD CHANCELLOR interrupted him, desiring
that before the case proceeded further, he would supply
him with all the cases which had any reference to this
question. A case of a similar nature had been be-
lore him in the long vacation ; he alluded to the case
of Waterseld V. Irving ; with respect to which he had;
made many remarks in writing ; the reason that had in-1
fluenced him in taking so much pains with regard to
that case, and now influenced him upon the present or*
casior. was, that there was no man with the knowledge
of the law of this country, and he spoke of the common
law in equity, who must not foresee that chem.
stancei would be daily arising, with respect to which it
was of the geartest interest to the vast body of the com-

inanity, that the doctrine to be laid down by this Court
should be clearly right ; that the Court should surround
the case in every view in which it could be looked at;
for the purpose of being right in the first inst4ncet By
that means, he was persuaded. many suits and much
litigation would be prevented. He therefore hoped he
was not doing wrong in desiring that this case might
stand over, to afford Mr. Knight an opportunity of
laying before him all the cases that had any bearing
upon the subjects The arrangements made for Mon-
day would not permit him to hear it further on that
day, but he desired it might be peremptorily fixed to
proceed on Wednesday.
CARLISLE ASSIZES, MARCH 4.
ROBINSON V. SMARMS.
This was an action brought to recover the sum of g 5/.
deposited in the defendant's hands as a stake-holder. It
appeared that the plaintif and a Mr. Gilkerson were
extremely Maims abbut the merits of two horses thnt
were to run for a silver cup, annually given by Lold
Lonsdale. Each of them anxious for his favomite,
they wagered on the event—the plaintiff, that Queen
Ma 6 would beat the Maid of the Mill. As it turned
out, neither were to be gratified; for in their eagerness
to lay wagers they forget there was another horse,
Young Skeffington, to run, who was able, and did win
the cop. It was therefore quite clear, that as neither
of the betting panics were successful in their nomina-
tion, as their favourites did net win, so neither could
have lost ; and the stake-holder could have no right to
retain the money.
A minute of the wager, signed by the parties, was
tendered in evidence, it was as follows I—.
" Mr. Oilkerscm beats Mr. Robinson thirty poincis to twenty,
that the Maide of the Mill beats Queene Mamp at Carlisle, 1824,
for the silver cup, 1824. One tinny posted by each with W.
Mearns. Stakes to be cued on Monday, by ten o'clock, Sept. 18,
1824, or the deposit forfit. " JAM* GILEMON.
" hang Roanreux."
On the back—
,. Mr. Gilkerson bets Me. Janies Robinson five pounds, that
the Maide of the Mill beats Queen.- MA for the silver cup at
Carlisle, 1824.—P. P.

1‘ /kit= G1t4111110X."

The minute was duly stamped.
Mr. AGLIONBY submitted to the Court, on the au
thority of the case of ,4 Egerton v. Furzeman," (not
reported) but recently decided by Lord Chief Justice
Abbott, that an action of this kind could not be main-
tained, that by the 13th Gee. 11. cap. 19, no race could
be considered legal where the sum run for was under
501. and that all bets made on such races must be veld.
Mr. Justice HOLAOYD stated his opinion, that the
party is entitled to recover his money from a stakeholder.
Several witnesses were examined, and the Jury gave
a verdict for the plaintiff—Damages 251. costs 40s.