Star.
London, England, 1818-07-08 00:00:00

GENERAL ELEcrl3m

STATE OF POT.LS.
Beagle July G. l Leitana (Conifer), July R.
- 10116 1 Launch - - 627
Dundas - - 1022 Clements . 434
Hallett - 426 White ?.17
111•CAlt•RY (COONTY), July 2, Como or ARIRAOR, July 9.
Cahir - 621 l'has. Brow low, Esq. 939
Mathew - - 577 W. Richards at, Esq. 116/9
Priode - 223 Hon. H. Can field - 606
Manatee (Cotner), 2d day.
Fitzgibboa - . 250
Quin 169
. O'Grady . 155
Tremor, JULY 7.—Yesterday evenin: lltenv Beam, Esq.
late one of the Candidates for the Representatiar, of this Borough,
arrived here. The entree of Mr. Beams had more the appear-
ance of the celebratiou of a triumph than the return to the late
scene of action of an unsuccessful Candidate. Within three or
four miles of the town he was met by a numerous body of horse.
men, with Orange favours, who preceded his carriage. About
half a mile from the town a vast concourse of persons had as-
sembled to greet his coming, with a band of musk, flags bear-
ing the inscription of "King and Constitution," " The Glorious
Principles of 1689," and banners of purple and orange. The
horses were taken from the carriage, which Was dragged trium. I
phantly into the town and through the principal streets. When
the cavalcade reached Mr. Beams'. lodgings, he returned thanks'
for the distinguished attention which had been paid him and
intimated his determination to l'etition against the election of
Messrs. Cincture. and Nawrote, on the ground of the Returning
Of having closed the without the concurrence of ell
the Candidates, before the time allowed by Act of Cartier:lent
had expired.
Arressy Eutcstoet.--,The Election for. the Borough of Ap-
pleby was held on the 23d ult. when a great number of Gentle-
men on the part of Lord LONSIIALS attended, Lord Losernee,
Mr. Alderman lisceerr, Sir Jenne Gasman, the Recosuza,
fee. The Court opened precisely at eleven o'clock, and was
crowded with the Burgesses of that anti. cat Borough. After 1
the usual ceremonies were gone through, and the worshipful the
Mayor, :%lerrnew ATKINSON, of Temple S.werby, Esq. had
pmcleinicd silence, Sir JAltri GRARAM arose and addressed his
Worship nearly in the blowing words :—" Mr. M-yar, I have
the boaour to propose a Gentleman who acts as a magistrate in
oar of the Midland Counties ; a Gentleman of great property
and respectability; a Gentleman possessing truly constitutional
prieciples ; a Gentleman who will watch over and protect the
rights and privileges of this most ancient and respectable Bo-
rough; a Gentleman whon name is FLOPYRR, 1' • ,
Esq. of Ayton, in the County of Rutland." Sir JAIOIII% recom-
mendation was seconded by Lord Lowrnisa. The MAYOR then
put the question whether J. Furores, Esq. should be elected
by the free and independent liergesses of the Borough of Ap-
pleby, which was un.uaimously approved of. Atter some pause,
Mr. Wirszsou got up, the Court being unusually silent and at-
tentive and addressed the MAYOR as follows :—" Mr. Mayor,
I nominate and appoint Luaus CONOAMNON. Esq. Member for
this Borough." Mr. Weinman was then :asked by the Mavoa
the place of Mr. CONCAPINON'II reside; cc? to ve:iich e,r. Wr-
sauna replied in a loud voice, "Mr. Afapr' I neither lamp nor
care." Mr. CRACERMYNORTE then said, " [second tuis nomina-
tion aid appointment," and Mr. CONCANNOX was then declared
duly elected. The etmost order and decorum was preserved
during the whole of this election. Si: JAAISA Giseneetein a few
words, desired to know if Mr. WYBIROII intended to be chaired
to which Mr. Wramion replied, that he was afraid of exciting
a disturbance in the town, and as no special constables had been
appointed to preserve the peace, he requested Sir Itaies would
have the goodness to be chaired fur bete. A difficulty arose be-
tween Lord Loss-nos and Sir Jasixs, how the naele of Mr.
FLUMES was to be spelt—the first insisting upon the insertion
of the letter G, and the latter of a Y ; but on application to
Mr. Alderman limier:, who might be supposed to know, in
consequence of his living so near Fiudver-street, in Westmie-
ster, (though Lord Lowease,'who voted for G. is the Gentle-
tr. in's nephew), it was finally determined against his Lordship,
and in favour of the Y. Thus ended this Election of two Wile-
pendent Buegesses for the ancient and truly respectable Boroughof Appkby.

WESTMORELAND ELECTION.
The polling booths were on Saturday deserted,
and the crowd assembled at an early hour round the
hustings to hear the result. Mr. BROUGHAM and
most of his friends had left town early this morning,
and the Blues took very Hide interest in the cere-
mony that was to succeed. . _

At a quarter before eleven, the DEPUTY SHERI!?
appeared on the hustingt, and declared Lord Low-
THEE and his brother Colonel Lowrtiza duly elec-
ted as Knights of the Shire for the County of West-
morland. Phis official declaration was received with
acclamations by a great body of the Yellows, in front
of the hustings and on the hustings. The field was
now uncontested, and the successful candidates an-
nounced their views and principles without any con-
tradiction, and made what appeared to their friends
a successful defence of their conduct during the pe-
riod of the contest.
Lord LOWTHER thanked the Freeholders for the
proud situation in which they had placed him cn the
poll, and the distinguished honour which they had
done him by returning him as their Representative.
He reminded them, that this had been a contest of
principles, not of men, and denied that there had
been any personalities shewn to the opposite candi-
date by himself or any of his friends. Mr. Brougham
complained of the array of the peace officers ; but
this was the first time that ever he heard any objec-
tion made to the most ample arrangements to pre-
.erve the public tranquillity during an election.—
During the contest at Bristol, 1200 constables had
been sworn in to preserve the peace; bat Sir Samuel
Romilly did not complain of this, as his antagonist
had done. He claimed for his friends as much in-
dependence as the other side could clpim. The tri-
umph which he now enjoyed was the triumph of the
Westmorland Freeholders as well as his. He was'
merely an instrument in their hands. A contest had
been threatened at a future election; but he would
be found at his pOst, and would never desert friends
by whom he was so honourably supported.
Colonel LOWTHER felt particularly gratified with
the result of this day, as the Member for Winchelsea
had declared that his opposition was solely directed
against his return. He anticipated certain success
from the beginning, and his trust in the honour and
zeal of the Westmorland Freeholders had not been
disappointed. If the poll had continued this day,
fifty-eight unpolled Freeholders were in town to give
him their support, and more than 100 others would
have arrived from the country if their services had
been required. He had no apprehension of the re-
sult of the future contest threatened by the Member
for Winchelsea. The Honourable Colonel, after a
few more observations, which he uttered in broken
sentences, with less hesitation and less prompting than
on the previous days of the contest, concluded by
giving
.the Freeholders his most hearty thanks, and
promising never to desert their cause.
Mr. Swirr (a person from London) then addressed
the Freeholders in terms of great asperity against the
conduct of Mr. Brougham and his friends.
The newly elected Members were then chaired in
rgreat parade from the hustings down the High-street,
through the principal cross street, and back again to
the great Cross before the Castle.
During the whole of this procession, the Pines be-
haved in the mast peaceable and orderly manner.
They spewed few symptoms of disupprebatton, ei-

Cher by hissing, or groaning, or clamour. The only
retaliation which they took for their defeat was the
pardonable one of parading the streets with a calf's
head mounted on a pale, and decorated with ribs*
ribbons. The Low/Items left town almost inttrie•
diately after their chairing.
The following may be regarded as an accurate state
of the poll on the last day of the contest t
rsumessa. Terri worm
13 - 11111
4 - 1157
$23 US

Lord Lowther
Colonel Lowther
Mr. Brougham
Declared Majority in favour of Colonel Lowther 206

Rarrerao Verso—which were almost wholly on
accoust of defects in the Land-tax Agnew:l.:tits DO
I:onsclore Voss—tendered and objected ta, on
which no decision had been shade by the S.W..
riff's Officer 1:0—!SO

LAO' ISTELLICENCE.

COURT Op CHANCERY, JULY 7.
PPIVATr HEARIsoi—LORD srEwAßt's CA sr—

The 'AHD eIfA,teELLOR herd this cAse to-day
his privAte room, argued by Sir St stem. Rovitt,
the SoLtettoft-GesettAL, MesSIII. HART, lions,
Anzacnomay BELL, 8:c. No decision is yet given,

COURT OP KING' 3 139INCIT, JULY 7.
WICKS QUI TAM O. GORDON.

This was an act;on of dcbt upon the Spat. 7. Pe°.
2. c. 8. to recover a penalty of £SO) against the [at—
tendant, for contracting to sell certain Bank S'ocL
to one Joseph Lightfoot, he not being possessed of
or entitled to sell such Sock.

Mr. GURNEY, wi:h whom was Mr. Comvm, stated
the case to the Jury, and represented that the defen•
I dant was a regular jobber at the Stock Exchange,
and had made several contracts for the sale of Stock,
knowing at the time that he should not be able to
fulfil his engagements. Such was the present trans-
laction. The Defendant had contracted to sell to
Gentleman, named Lightfoot (not a jobber), on the
20th January, 1817. Three per Cent. Consols, to the
amount of £5OOO, which he was to transfer on the
27th of February following, but when that day ar
rived, he was unable to make the transfer, and, ii
fact, had no such &cck in his possession : in conse-
quence of which, Mr. Llphtfoot w.ts obliged to put.
chase of other persons at a considerable loss. About
twelve months since a similar action to the present
had been brought in the name of Mr. Lightfonel
brother, but the former having admitted, on hic
cross•examination, that he had undertaken to pa!
the Attorney .his costs, a non suit took place ; am
therefore this action was brought by a :mai strange
to the transaction.

Mr. Joseph Lightfoot stated, that he resided at
No. '2, York-street, NValworth. On the StOth of Ja-
nuary, 1817, the defendant entered into a contract
with him to transfer about L'.5000 Consols, for tb(
27th of February following. Witness had money
the hands of his Bankers, Messsrs. Martin end Co. is
purchase the Stock on the 27th of February. The
defendant, however, did not complete his contract
on the day agreed upon, and consequently on the
28th of February, he was obliged to purchase of
other persons, at a loss of 1.:212. 10s. He had agreed
to purchase on the 21)th of January, at 63 per cent
but in consequence of the defendant's breach of con-
tract, he Was compelled to buy in at 671. When he
applied to the defendant seven or eight days after-
wards, he said to him, 4' I hope you will transfer the'
Stock into my name, or pay the cli:Lrence. You are
a pretty Gentleman ; you know I am no speculator
in the Funds; and if you do not pay me the money,
I'll bring an action against you." The defendant
replied, ‘• You may do what you like, for I have got
no stock." On his cross-examination, witness denies/
that he was himself a Stock-jobber, but he admittr,
that he was known in the Alley by the name of .fie
Lightfoot. The contract with the defendant wa,
fir the settling day, but the settling day was knew
at the time, would be on the 27th of February.--
This was known to every body coaneciud with riot
Exchange, and could not be unknown to the defen.
dant. He was not certain that the 27th of February
was specifically mentioned at the time the contract
was made, but there was no doubt it was understood
by the defendant, that the Stock was to be trans-
ferred on that day.
,Mr. Penn, librarian and book-keeper at the Con.
sols Office, proved that the defendant had no Coeseb
in his name in the Bank books on the 27th of le.
britarv, nor at any period duffing the whole of the
year 1817.
Mr. Cawthorn, clerk in the house of Messrs. Mar.
tin, Stone, and Co. proved that on the t?7th of Fe-
bruary, 1817, Mr. Lihtfoet had in their kusi,
£''29(36, to answer his checks.

Mr.:Currrit, for the Defendant, submitted dial
there was a variance between the declaration and ti,.
evidence. The first count of the dec/arati:n allege,
that the contract had been entered into for the 27th
of February, whereas the evidence was, that it lin,'
been nude for the settling day. lc;-,w, the declara,
tion ought to have set out that the contract wa
made for, the settling day, and then it rait.;ht hay
gone 00, by inuendo, that the settling day s'as the
27th of February. For this objection he cited l'aynde
v. lbyes, Str. 74-, and Buil S. P. 145, in which
was held to be a fatal variance that where the co:
tract declared on was to denver Stock on the 22d °I
August, and upon the trial the entry in the Broker
book was a contract for the opening, though it wo
proved to be notorious that the books were to CV .
the `..".1d, and the Brc,i:cr swore he tc'k the 22d of
August and the opening to be c,,nvertiole terms.
Mr. Justice ABBOTT said, he should be sorry v
diTer fioni any former decision, Ina 1:t opinion we.n
that the case cited was not law. That, and otheJ
decisions of the like Lind, had, no do .:In, taisaat plae
from very good natives, namely, to get rid of sun]
contracts. They seemed rather to be cases toathie,
' on the times, to get rid of South Sea contracts, than
to be relied on as precedents in ,::Lcr Anises.
Mr. Toprixo and M:. Catt.lY then submitted,
that this action was brought tun snon. It tees r.i.
mittcd that in a former action Mr. Lightibot we.
nonsuited ; now they were in t condition to prov
under the plea of the generel issue, that on the ver:
same day that action was tried, the dek.adart w 7
served with another deciannion in the name of tht
present plaintiff, for the :,attle CSIL%C el ac.iou, hcf)re
judgment of nonsuit had been obtained in the Fe-
action ; consequently the pre.scat .0: :ion would not li,
Mr. Justice ABBOTT was of cpition ,hat this ma!
ter ought to have been pleaded in zbatemeen
there u•ere another action J.:pending at the tint,: II;
was brought, that otTht to have been Flea.!ed i•
abatement ; end if the penalty had tn.c,l : ee,veted i
a former action, it out ,ht ta have been pleaded h
bar to the present action. Su.h matters were clears.;
not proveable under the ge....-zral issue.
Mr. Toerms being without any ether s'afence,
The Jury, under the Learned Je..;,:;e's di.,:ction.
found for the hiLlnt;:' ~a ths: •,,ecuil .1 c.: -I ant—dania eZC/
L. debt £S(X). en skis,.::.e.couats a ve.-J.c. wat'
recorded for tie,. I.),.;:nniant.

Con'-EV:11.4 NGI:, MA 3K-1. , jcz,y s_Avehro.,
• had severAl art.ivo!s of Vb"htat o:. t 0 tts t:itace Alur,
: day, and there being: but bl:vel:s :it :.!.trket,
was with diffit:::lty that Mcr:ii..y's ~.111,1 be
obtained.—Liariey is also dull sale., ;ti,d sothir.g buy
prime samples fetched last day's pint_::. —ll3
ipc.as are ritry latav7 sale, ax.d tLe,:per.