Star.
London, England, 1811-08-09 00:00:00

THE.ARMY.

INTELLIGENCE.

. . .
VTEL. EAST INDISIS.
• Sir S. Amu, Hoot), as stated in the greater part of
The first division of the Leicester Militia marched . • PLYMOUTH., AUGUST 7. our impression of yesterday, has been appointed to
;n• . Portsmouth on Tuesday, to embark for Ireland. The Mediterranean convoy, under the SHAttwow, command in the Indian Seas, in the room of Admiral
'1 ;le remainder were to march in yesterday from Chi. HrAcINTm, SZRAPIS, and CORMORANT, still remain Daum-, deceased.
here, wind-bound.—There.were neither arrivals nor I The China fleet has bronghf home two millions
chester.—They are 809 strong.
r.e depot of the 92d regiment, which has been sailings this day.—The ARIAIDE frigate has come into . sterling, in dollars, from the Chinese Government, to
eome time stationed at Canterbury, is to be broke up, Barnpool, to refit.—That experienced and Meritori- purchase naval stores ; a measure never known to
and the Serviceable
Officer, Capt. J. R.rviceable men are to march immediatelyLAPENOTlERE, of the OnEsTEs have been adopted before by the Chinese Government.
brig of war, has just been made Post-Captain.-- 1
t,,r ortcrnotith, to be embarked to join the regiment There is not at present a single It was expected that the Madras and Bengal ships
ship o war, of any
o.ugal.. f woulduld sail direct from the former place about the
in P description, in this harbour; and it would appear
latter end of March, under convoy of the Dtomene.
Toe Commanding-Officers of the 61st and 92d re- that the enemy were aware of this circumstance,
frigate, of 50 guns.
giments (both amounting to 500 men) at Cork; are for h
t eir privateers have been hovering round
il *, :te,l t. hold their corps in readiness for embarks-
Some of the Bengal ships had already assembled
this coast, at intervals, for several days past.—tion for service in Portugal. at Madras, where they were completing their cargoes,
Last evening after post, I could distinctly see three
Yesterday the 2d battalion of the 59th marched Of them with the glass, from Rame-head, cruizing and others were daily expected frnm different purls
on the coast. The letters from Bombay, we regret
into Portsmouth, to embark for Guernsey. The Ist between the Start-point and Portland. Unfortunately
b.:nation is in the East Indies. an English merchant brig came in their track, and to state, announce the failure of two of the principal
native houses at that place.
The 2d division of the Leicester marched into was captured. I saw them steering with her for their
Portsmouth, for Ireland. own coast, unmolested, for there was not a single The following is a correct list of passengers by the
undermentioned ships :
The skeleton of the 4th battalion of the 60th, from British cruizer on the station. The telegraphs on the
A iNISTON.—Fruin China : Mr. Plswitd,:n, writer; Miss S.
the West Indies, are landed at Portsmouth. coast seemed to observe the circumstance, but, from
the state of the wind, it was next to impossible for W
Turner, an infant.
The 3d or King's own Dragoons see still detained exfORS.-1. W. Roberts, Esq. .i.percargo ; Captain Beat
them to apprise any of our vessels in time to interrupt
at Portsmouth by contrary winds. They were obligedAlfred—Mr. and Mrs. sting., ; haaa.:o LOIS; Mr. Juhyr:
the enemy. • AUen, late 4th officer of the Elpl.rit,aune.
to come up from Sr. Helen's and go into Stoke's Bay
PORTSMOUTH, AUGUST 8. CusTNELs.-I.ieutenant P. Maughan, Bombay marine; Don
yesterday morning for water. The Commodore came . ienama, from Manilla.
up with them. It is singular that this regiment has Arrived his Majesty's ships ROYAL OAK and AME- Fie rut.—Colunel Williamson, from Bombay; C. Wren, Esq.
RICA, from off Cherbourg.—Wind Southerly.
not been landed out of England for above.so years, and lady; Mrs. 'Fin:brill ; C ivianis Palley, Gibson, Esrales,
allliough this is the fourth time they have embarked. DEAL, AUGUST 8. and Conran; Lieutenant Ryer. anO. Lady; Captain Garden, late
of the ship Earl Camden • Mr .1 Minniken ; Lieutenants Lord,
They went for Ostend last war ; arrived at Holland, I Arrived the East-India fleet, consisting of twelve Cochredge, Grant, and 'Newn. la.n• Messas 21 rke and 'll n
and returned—the convention being just signed ; I sail, under convoy of his Majesty's ship BELLIQUEUX. by ; Misses rant,
and Barnes. 'From Ceylon :—Mr. Taylor-
again embarked this war fcr Walcheren, but were, Arrived his Majesty's ship ZEA L-Clus, to join the fleet and Fetidly.
not landed ; and they are again embarked for the Pe- i off flushing. Five o'clock—The whole of the India- BARI. Sr. VI NCENT.—Colont! and Mrs. Young, Native Ser-
ivice, Mr. Barnet AlSignint Surgeon ; and Master Barnet; Mrs.
ninsula, making their fourth embarkation. I men remain except the Thomas Grenville, which is Bertolacti, and Barney,
children • Mrs. Paul, and two children ;
An order has been issued from the Horse Guards, . sailed for the River.—Wind W. blows strong. Colonel F. P. Thorne; Captain 'Nicholls, 66,h regiment ; Lieut.
directing the immediate embarkation for Ireland of ! • SHEERNESS, AUGUSC a. Shorediche, Ceylon regiment; Mr. Geo. Atkinson, Civil Engi-
neer ; Mr. Davidson; Mr. M‘Kerrel, Madras Civil Servic ;
the undermentioned regiments of Militia, at the fol. I Arrived the Europa, Errenuring, and Starfursten Master Geo. Myling ; Master Oldham, Miss Oldham, and
lowing ports : from London, bound to the Baltic ; the
PINCHER gun- Miss Blair, children, from Calcutta.
At 11-Nes—West Middlesex, Cornish Miners, Montgomery, brig, from the Northward ; and CORDELIA, from the
Caereurven. Merion4th, and Cardigan. Westward.—Went out of harbour the BRITON, ART
At Harwich—Northumberland. ~ man of war, and sailed to Yarmeuth.—Sailed the
At Portsmouth.—urrey, Leicester, and Acetesea.
At Bristil—Westmarland and Radnor. Jonge Ludwig, MEYER, to Heligoland.
At Plymouth.—Cornwal and Nottingham. YARMOUTH, AUGUST 8, (2 P. st.)
The vessels employed on this service are to return The Baltic fleet is announced,w to and a part
t fit sin
the
to England with regiments of Irish Militia. sight between this place and Loesff,e wea-
rls so very thick few of them are to be seen. It
On Wednesday, the 31st ult. the Royal North
is nearly calm, and they will be obliged to anchor
Oloncester Militia, under the command of Colonel
during the ebb tide.—Sailed the CALYPSO sloop of
Kisciscorn, was drawn out in front of its encamp-
merit, on Sandhurst Down, near Bagshot, for the war, with dispatches for the Baltic.—This morning
purpose of hearing the Act of Parliament read to passed this Orr, under convoy of a gun-brig, about
invite the regiment to extend its services to Ireland, f meaty sail of ships bound up the Baltic.
LEITH, AUGUST 5.
when the whole of the Officers and men very hand
A small Danish sloop arrived ill the Roads yester-
somely came foeward and volunteered for that service.
On a former occasion this regiment spewed great day, prize to the GALLANT gun-brig. The Ruby,
seal and alacrity to his Majesty's service, being the Prarete, arrived at Ab. rdeen, on Wednesday 'act,
third which landed in Ireland during the troubles in from St. Andrew's, New Brunswick, whence site
tliat Kingdom last war. sailed on the 25th June; lett loading the brigantine
Government are shipping a great quantity of stores Apollo, Bnorar, of Aberdeen ; and Isabella, —,
and artillery for Bermuda, Halifax, New Brunswick, of Kirkaldy, the former expected to he ready in a
and Ca, ado, and several officers are going out to those week afterwards. The fishing smack Speculator,
settlements FIELD, arrived on Friday in Aberdeen Bay, and re-
that the day preceding he had been chaced by
General Sir BRENT SPENCER, Who has so long and pomd,
a bigger privateer, when he run for Tynemouth Cas-
so nobly sustained the post of honour as second in
tle, where, finding an armed brig, he communicated
command t Lord WELLINGTON, has established a
the above intortaation ; and was told by an officer
military reputation which has not been surpassed by ;
any his contempnraries. His while life has been : from the brig, that there were then four men on
- board, belonging to a vessel captured near the Float
one of continued and conspicuous services in every
iin Light some days before, by a privateer of the
part of the globe, and the circumstances which led
above descriptiou, which was reported to have taken
to his appointment as second in command to Lord
several other vessels.—The armed brig soon after
WELLINGTON, at the arduous period at which lie un- I
went in purluit of the enemy, and when last seen was
dertocik it, were highly honourable to the :disctimina- i
Lion of that gallant General. J under a crowd of sail.
,
,
WHALE FISHERY.
A detachment of the 82d regiment, consisting of :
We have been favoured with the following account,
Eve officers and 250 rank and file, under the con- '
by
La .correAspdondenAtdat Stromnhess :
nandand of Captain VINCENT, arrived on Saturday last
at Portsmouth, from Guernsey, to proceed by the formedlL June 14 1-Advice,
with 5 lis It and2t 200 puree,
butts,in
next fleet to Gibraltar to join the Ist battalion, which, informkd Jame 6.
we understand, is immediately after the arrival of this DWI DE L.—Horn, Valentine, with S fish and 100 butts ; Ca-
lypso, Christopher, with 4 fish and 160 butts; nd Partridge,
reinforcement, to be seat to the army in Portugal.—
Christopher, with 2. fish and 76 butts, informed June. 14., Mary
The 2d battalion, commanded by Major CONYERS, Ann, Denclurs, with 4 fish and 160 butts, and Friendship, Ire-
remains
at Guernsey, to be completed in discipline laud, with 3 fish and 100 butts, seen June 15.
under the eye of that gallant and experienced Officer : ADFRDEEN.HercuIes, Gibbons, with 3 fish and 121 butts,
Sin JOHN DOYLE. . , seen lune 15.
The Active Souttar, and Hope, Sangster, of 1
At the battle of Albuera, the first Battalion of the
Peterhead, r
'26 fish,
arved there on Monday se'nniglit.; the i.
Loyal Liisitanian Legion, commanded by Lieut.—
formerfrith fish, 160 to 190 tons of nil; and the
Colonel HAWKSHAW, was posted on the left of the
latter with 27 fish, 150 tons. Parted with the Enter-
Fesileer Brigade, and advanced in the line with them
prize, and Perseverance, of the same port, on the
in their gallant charge against superior columns of the
Ist of July—)rn_terpri;e, 30 fish, 160
the
; and Per-
- French, advantageously posted on heights, and cover-
severance, 25 fish, 1. 0 tons.
.Lett Neptune of
ed with several pieces of cannon. In their conduct
Aberdeen, on the 2d of July, with 16 fish.
they supported their ancient credit ; and notwith-
-1 A sloop arrived at Peterhead on Monday, saw the
standing the vigorous resistance made by the enemy,
Thornton of Hull, at the Orkneys, from Davis'
they succeeded in gaining the heights, animated by Straits, a full ship ; which vessel reports, that there
the example of the admirable Brigade of Fusileers,
.were plenty of fish in the Straits, but very bad wea-
whose conduct that day exceeds all praise, and wits
thee. One of the Hull vessels had been lost in the ice. !
'the aOmiration of the whole of that part of the army
A A tSuk,rinam, Ofnyx,lWab. Walker,
AfrtoAtnr Lisbon. At
'that witnessed their advance. The loss of the Loyal—, Be r bRi cR I V ESl7;i c
loisltai,ian Lcgioa amounted to eat half of its ore- Walker, from Newfoundland. from
AtnMa.lta, •11ornbury,ant' APf°rol:m°'
in ii strength, with six Officers. His Excellency the Clyde. At China, Caroline, --', front Lisbon.. At Barba•
Field Marshal BERESFORD, as a proof of his ap- does, Charming Eliza, —, front Dublin ; Iris, from Falmouth;
probation, was pleased to order the names of those sNattalyd,.fraomßPortsmout_h; William, from Penzance; Kentish, from
Newfoundland—Messinger,
s. }furrows; Residence,
Officers, who particularly distinguished themselves, Yates;sr
and— Elzebe' Swan
; Sr.
Vincent's.
a eth, Esther, from
'to be given in for promotion. --, trom liallfax ; Friends, Wales, and Venus, Muteway, from
The 23d Dragoons, which is commanded by an Yarriormat ; lt.titistry, Mastic, from Plymouth; Three Sisters,
Fiona
I‘,i
Dublina r y ,T a y I u r ,
French,of from Bri.;e: ; Margaret, and Minerva,vof from Newcastle ;
Earl, and has, among the Captains, two Lords, be-
ix kii
longing to the first families in England, is supposed frontAe Galway Buenos
and."l).
to I;7_. the most ceconomic regiment of Light Dragoons Nse Fox, from
rlinnobin'SaOtner
Nava t. ArrO IN T M ENTS.—Captain Lumley, to the Crocolile,
in the service. vice Columbine, deceased ; Lieutenants Le Vescoate, to the Ele-
phant; Thes. Clarke, Zealous; W. ,L. Cole, Crocodile; It. Est-
wards, Melpomene; 3.1'. Pritchard, Owen Glendower; F. An-
drews, Barbadoes; T. Strong, *lisiphonel aLE. Gordon, Vestal.
Besides the late promotion of Admirals which ap-
peared in Vie Gazelle, 10 Commanders have been
made Post Captains ; 14 Lieutenants Commanders;
and 16 Midshipmen Lieutenants.
The Lords of the Admiralty have been pleased to
promote Lieutenant S.POPHANI, Of his Majesty's ship
Swiftsure, to Ihe rank of Commander ; and Lieute-
nant J. B. CURRAN, of the Royal Navy, son of the
Master of the Rolls in Ireland, to the rank of Com-
mander.

Recent adTices,rf good authority, from Paris, state
that h weever mortifying the result of the late Por-
tuguese campaigns may be to the pride of the French
Ce.vernment, ato.vell as the French army and nation,
Bosapawri consoles himself with the personal grati-
f cation of seeing MASSENA, whom, from his high mi-
litary reputation, he regarded as a kind of rival in the
'pita( ns of the people, humbled and disgraced to the
low rank that unsuccessful Generals hold in public.
estimation. The failure of MARMONT and SOULT in
their vapouring scheme to destroy the British army
sear Badajoz cannot fail to enhance this invidious
gratification in the mind of the Imperial egotist. It
is added, that he means to go very soon himself at
the head of a fresh army of 100,000 to finish the war
in person. Maitre LouisA, with a train of Ladies,
the splendour of whom will surpass the most brilliant
records of the gallant Court of Loots XIV. in the
successful campaigns of his early lite, is to follow the
invincible hero in this sublime expedition, in which
he will go forth pledged to perform th mighty
achievement, that the Captains, greatere than all
others in the world, and less than he alone, attempt-
ed in vain ! !!

FROM LLOYD'S LIST.

HUNTINGDON RACES.-WEDNESDAY AUGUST 7.
The Gold Cup by Subscribers of Ten Guineas each, with Ten
Guineas added from the Racing Fund, for 3 yrs old, 7st. 4 yrs
old Sit 41b. 5 yrs old Bst. 12th. 6 yrs old list. 31b. and aged
9st. 51h.; Mares and Geldings allowed 31b.-Starting at the
Judge's Stand, and going once round the Course.- The winner
bring sold for 350 guineas if demanded within a quarter of an
hour after the race.-The owner of the second horse being fast
entitled, &c. &c.
Lord Suffield's Ambrosia, 5 yrs old, Bit. 121 b.
Lord Hluchingbrooke's Juvenal, 4 yrs old, sit. 41h.
General Gro.venor's ch. c. Copenhagen, 9 yrs old, 7st.
General Onslow named Esculapius, 5 yrs old, Ss,. 91b.
Lord Sandwich named Hannah, 3 yrs uld, bat. Illb.
Copenhagen the favourite.
Same Day.-A Plate of £7O for 9,4, 5, 8 yrs old, and aged
horses, 3 yrs old carrying 7st. 4 yrs old Bst. 41b. 5 yrs old Bst.
121 b. 6 yrs old 9st. 41b. and aged 9st. 71b.-The winner of thi
Plate, with its engagement., to be sold for 250 guineas, if de'
mantled within a quarter of an hour after the rut, the owner
of the second horse bring first entitled, &c. &c.
The winner of a Sweepstakes this week te carry 71b. ettra.-
Mares apd Geldings allowed 31b.-Two mile-heats.
Lord Suffield's Anibro.la, 5 yrs old, 9st. SW. - 1 1
Lord I linchingbrooke's Juvenal, 4 yrs old, Bst. 4th. 5 2
Mr. J. Fletcher's, Esculapius, 5 yrs uld, Ost. 91b. - 2 3
Sir F. Evelyn's Cassandra, 4 yrs old, Bst. 41b. - 4 4
Lord Jersey's b. c. Spider, 4 yrs. old, Bst. 115. - dr
Mr. Johnson's Walton bydambletonian, .5 yrs old, Bst, 121 b. dis.
Sir Charles Bunting's Cressida, 4 yrs old - - drawn
BARNET RACES, THURSDAY, AUGUST 8.
The company 'yesterday was rather select than numerous, from
the wetness of the day, which deluged the course.
The Maiden Plate of £5O for non-winners.
Mr. Burgh's Saideaway - 1 1
Mr. Pearce's ch. f. sorcerer - -
Mr. Bryaut's Lath - 3 2

pd

Six to 4 on the winner.
A handicap Plate for all ages.
Pearce's Fu;Cl3ll • - - Idr •

Mr.
Mr. Weather %11's Eaton - 2 1 1
Fuscus threw his ruder, after winning the first heat, and he was
unable to ride again. Fuicus the favourite. •
A I:ttbscription Sweepstakes, 10gs. each.
Mr. Owen's Ormond -
Mr Forth's Romeo

Romeo the favourite.
Mr. Langley's Mat o the Mint beat Mr. Hyde's Miss Phil-
lips, two miles fur 1008+.

COURT OF CHANCERY, AUGUST 6.

The Fortuaee, Captain Vansittart, has captured and sent into
Cork, the American ship Meteor, of and for Philadelphia, front
Bour4eaux, laden with brandy, wine, and silk.
The frcm Wilmington to Malta, is taken and car-
ried into France.
The Lafleur French privateer is taken and carried to Guermey.
The Manchester,--, front New York, was taken by a French
privateer, retaken by the Miaorca sloop, and carried into Malta
the 9th of June.
1 he Lord Wellington, Lambert, ;rrived at Liverpool from
Jamaica, fell in with, on the 11th ult. a French privateer, hi lat.
sd. 49. long. 50. 7.
The fleet which sailed from Portsmouth on the 2d ult. for
Notylottesilatid, dm. cads" mom/ of the ITasita, is put into Cork.

•_• . .
of the predeixising brother to answer the amount of
the plaintiff's legacy. This consisted of the evidence
of a woman who was present, four or five days pre-
vious to Robert's death, when he and the plaintiff
were in the room together, on which occasion he di-
rected the plaintiff to a particular place where she
would find his %sill, which he desired her to bring to
him. Having brought it, he said to the plaintiff—
Sally, 1 have left you £lOOO, I hope you are satis-
fied ?" His brother, coming into the room at the
same time, Robert handed his will to him, saying—
" Brother James, hete is my will. I believe I am
worth about ie:i000, and Ili ive left Sally £lOOO of
it at yoi.r death." James concurred in the propriety
of his brother's conduce, assuring him, that in case of
his death, Sally should be left in comfortable circum-
stances, and that be, too, should leave her, on his
death, RI 01/0. James Foy himself was heard, bolt; ''•
previous to, and after the petiod of his brothel's
death, to declare that they had reall,ed in hisiness
from 000 to I€7ooo ; and sonic of their corres-
pondents in Lon: 01, on a- view of their shop, could
not have conceived their stock in trade as of less value
than £5OOO.
Mr. RICHARD% and Mr. HEALD argued in far( ur of
the Report, adducing in support of iii. it argement,
an inventory of the stock on lotod, intitailed—o Inven-
tory of Plated Goods," belonging to James
.F. y, at
the time of nis death in the year 1803, from which •
they inferred that the joint stock in 1797 could never
have amounted to upwards of £5OOO.
The Lotto CHANCELLOR declared it to be of peat
importance that it should be understoed, that where
two persons so nearly related to each other as James
and Robert Fovs were, carried on business together,•
and one of them died, leaving, probably, a family, or
others interested in• his concerns, while at the some
time, the management la as con:inued by the partner,
who was also a relative, and who might, probably,
stand in the relation of guardian to the deceased's
children, the burden either of proving a partnership, or
of proving the alarmist of the partnership funds at
the time of the death of the predeceasing partner would
not lie upon those claiming under him, but t,son'the
surviving partner, who, knowing that there were such
claims, omitted to kiive a clear account made out at
the moment. Even in the present instance had an
action been brought against James Foy in his life-
time, by a person claiming to be a creditor, or other.
wise interested in the succession, of John Robert Foy,
and he had pleaded plate adminittravit, producing the
inventory, to the amount of £l5OO, as the full extent
to which he; was bound to account for the joint
stock, that would not have availed him, but the de-
larations made by him; both previous to, and after,
he death of his brother, as to the amount of such
Dint stock, though it would not have precluded him
from farther proof as to the fact, would, at least,
have been prima facie evidence on that subject, and
would have had the effect of throwing the onus pro.
tandi entirely en him. Here James Foy had taken
no steps to convince the plaintiff, during the six years
he lived after his brother, that the assets of his bra
ther, which had come through his hands, were not
fully adequate to the discharge of her legacy. His
Lordship, therefore, could not, without satisfactory
proof on that head, listen to such a plea on the part
of James Foy's executors. He, accordingly, allowed
this exception to the Mastei's Report.
The second exception taken by the plaintiff to the
Master's Report was, that though the Master had
disallowed the items of an account of charge or dis- .
charge on the part of the defendants, he had, at the
same time. allowed that account to form part of the
Report. This, however, embraced a more impor
tant exception taken on the part of the defendants
that this account of discharge being admitted into
the Report, the articles %%bleb constituted the same
had been disallowed. These articles consisted of a sum
of £lOOO, 3 per cent. stock, which, in the year 1797,
had been purchased in the joint names ofJames Foy,
John Robert Foy, and Sarah Way, and after the
death of Robert Foy, had, together with another sum
of £lOO, 3 per cent. stock, been transferred over to
the sole name of Sarah Way. Of this stock, the di-
vidends were received by James Foy to the time of
his death ; and, on this the defendants built, as suffi-
cient to shew, the legacy left to the plaintiff by Ro-
bert not being payable till the death of James, that
James meant this to stand and be imputed as part of
the legacy bequeathed to the plaintiff by Robert.
The LORD CHANCELLOR, however, regarded it as
more properly indicative of that resolution daily ex.
pressed by James Foy, to leave the plaintiff comfor-
table, and only as forming part of his promise to his
brother, that he too would leave her £tooo.
The only other exception was one taken on the
part of the defendants, in consequence of the Maser
having disallowed other articles of charge against
the assets of Robert Foy. These consisted of one
half of the rent of the house in which he and his bro-
ther carried on business, and in which they lived, for
36 years ; of board to Robert for 41 years ; jnd of
other articles of debt, equally ridiculous, of so long
a standing as the year 1772, and some of them
amounting only to twenty shillings. The exception
to this part of the Report the Lord Chancellor also
disallowedo thus allowing all the exceptions to the
Master's Report taken on the part of the plaintiff,"
and disallowing all those taken on the part of the
defendants.
His Lordship also found the defendants liable to
the plaintiff in costs.

WAY V. FOY.
This case came on before the Lord CHANCELLOR
on exceptions to the Master's Report, and for farther
directions and costs. The plaintiff, Sarah Way, was
a legatee of John Robert Foy, to the extent of RlOOO.
J. R. Foy died in December, 1797, and his brother
James, who was his personal representative: died in I
the year 1803, leaving the present defendants his exe-
cutors. Application being made to them for the legacy
left by Robert Foy to the plaintiff, they resisted the
demand, on the ground that Robert Foy had left no
assets sufficient to pay this legacy, on which the pre-
sent bill was filed. It appeared from the bill and an-
swers, that the two brothers, James and Robert Foy,
had carried on business as silversmiths and jewellers,
at Taunton, for a great number of years ; but, in the
answers, it was denied that there was any partnership,
or that Robert Foy died possessed of any effects to
cover the legacy lett by him to Sarah Way, who had
lived in family with him and his brother James, and
' had been of great service to them in the carrying on
of their business, and in the management of their ge-
neral concerns. The evidence, however, in support
of the bill, was so pregnant to prove the;fact of a part-
nership between the brothers, that the Lord Chancel-
lor found himself called on, without directing an
issue to to try the question, to giiie judgment on twat
point, and referred it to the Master to inquire into
and ascertain the amount of the assets left by John
and Robert Foy, and to report how far the same were
sufficient to discharge the legacy due to the plaintiff.
The Master having made his Report, exceptions had
been taken to it, both on the part of the plaintiff and
of the defendants.
The first and material exception taken by the
plaintiff was to that part of the Master's Report, in
which, notwithstanding the judgment of the Court,
declaring that a partnership had existed between the
two brothers, the Master conceives, that, there being
no direction to him to take an account of the personal
estate of Robert at the tune of his death, he is not in-
titled to iaqvire what was the amount of the joint
stock in trade at that period, and, of course, that he
could not, on the principle of the decree, report that
there were sufficient assets to answer the legacy to
the plaintiff.
Sir SAMUEL ROMILLY, Mr. HART, Mr. LEACH,
and Mr. Coos, in support of the exception to this
part of the Report, stated the evidence on that part
of the ease which regarded the sufficiency of the funds
•

.ill

The Wheats have already begun cutting in Hens,
Kent, and Surrey, and are of the best produce, both
for the grain and the straw. The quantity on the
saintoin lands has been the greatest ever known : on
14 acres, 54 loads have been produced of a ton each.
CORN-MARLE r.—To-day the market again has
very few fresh arrivals of Wheat, having a demand,
sales in consequence at a further advance in price of
about Ss. and 4s. per quarter, and higher prices are
asked—Barley in short supply, not much in request
—Malt and White Peas support the last quotation,
but few of the latter—Grey, and Beans of each sort,
fully at the prices quoted—There arc likewise short
supplies of Oats, and sales in this trade named rather
dearer—Flour fully at late prices.

GLNZILAL 11111RIANCY AS UNDER.
Wheat 70e. lids. PHs. Beans, iSs. 50s.
Fine ditto, 105,5. 107$. Tick ditto, 36s 44ii,
Rye, 38s. 4Ss. Oats, 22.5. ells. 30s.
Barley. ii2s ads. Od. Poland ditto, Sls. sts. 44.
Malt, 665. 725. Potatoe ditto, 335. Hs.
WWI Peas (Boilers) 50s. Sas. Rape Seed £3B .ass
fists F,16110, Oa. to OSs.--Sesoado, Is. to 80s.