Star.
London, England, 1826-11-27 00:00:00

Prisoner—lMO* it to my Counsel.
Mr. Jutice auitev—Hu, your Camel au say nothing far you.
YOU must kneel down, and pray the basalt of Clergy.
The prisoner having knelt dolt% and prayed the benefit of Clergy,
Mr. Justice Bart sr again pronounced the scraggy, of the Court,
isd the prisoner was taken out of Court in custody.
Mr. intim Berme then passed the sentence ot the Court, which
WAS thit the'prissar be transported for the term of seven yeirs
He was then removed ft-ton the bar.

• . • COURT OF COMMON PLEAS, Soy.
Before bullies' commenced this morning, the CIHZ,
Jusnca announced the following Order of Court :
- It fs ordered, that from and after the last day of this Term, in
every case wherein notices shall be given of justifying the bail be-
fore put in, Or either of them, the names and description of such
bail shall be inserted, and that it shall not be sufficient to state ge.
nerally that the bail before put in (without naming them) intend
to justify, and that in default thereof bail shall not be permitted to
justify." MA R7lll o. LADY MOORE.
. _ _

In this cue, which was tried after last Trinity Term
at Westminster, an order was issued by the Court on
the plaintiff, to grant a release in favour of the defend-
ant, and all claims against her, as executrix of the late
Lord Henry Moore, upon her paying 5001 within two
mouths of the date of the order.

Mr. Sergeant SPANKIE, for the defendant, this day
st ited, that his client was perfectly ready to obey the
order I but that, subsequently to its date, the plaintiff
wished to introduce into the release a discharge of some
transactions with the Marquis of Drogheda, which had
no earthly connection with this case. The Learned
Sergeant therefore begged to move for a rule to shew
cause why the money should not be paid on the release
ordered by the Court being granted.
The Cum ,lassies—Take a rule to she, cause.

swim: sh west.
Mr. Sergeant WILDS obtained, on a former day this
Term, a rule to shew cause why a writ of fseri facia,
issued upon a cognovit given in this case should not be
set aside, under circumstances which are shortly as
follows :

The defendant was arrested by the plaintiff, upon
which he rendered to prison. and was released by the
Insolvent Debtors' Act. After his release, in order to
induce the plaintiff, who is a tailor, to give him credit
for some more clothes, he executed a cognovit for 651.
being the amount he was before indebted to him, and
from which he was discharged. Upon which cognovit
judgment was entered, and execution issued. To set
aside this execution the present steps were taken.
Mr. Sergeant VAUGHAN some days since :hewed
cause against the rule, and Mr. Sergeant WILDE was
heard in support of it, when the Court desired to see the
cognovit, and have time to consider their judgment.
This morning Mr. Sergeant WILDS produced the
cognovit, and renewed his argument against its legality.
He insisted that as the cause of action occurred befure
imprisonment, the discharge by the Insolvent Court
must bar the claim.
Mr. Justice Gmtat.u.—The cause of action was evi-
' dently old, but the judgment is new. A written or
parole promise is binding, ancrsurely the more solemn
instrument ought to be as much so.
Mr. Sergeant WILD' imagined the difference was
great.—An actual promise might be made a new cause
of action, but a judgment could not; it was merely
confessing an old cause of action. The Learned Coun-
sel recapitulated the arguments he advanced on the
former hearing, trusting the Rule for setting aside the
execution would be made absolute.

The Loan Cam Jurcrica observed, that in his opinion
the defendant was not entitled to the relief prayed.—
The intention of the Legislature was to protect him from
all his old debts, but not from new engagement; of
which this was evidently one. Had this judgment been
obtained before he received his discharge, it could not
of course stand for one moment. But what does the
defendant in this case do? To answer a particular pur.
pose he offers to renew his liability to pay this demand ;
and now, having failed to do so, according to his
agreement. feeling the consequences, he comes to ask
this Court to relieve him. He was decidedly of opinion
that the Act of Parliament referred only to judgments
antecedent to the discharge, and that consequently, the
rule must be discharged.—The other Judges concurred.
Mr. Sergeant VAtiouax hoped, as this tailor had made
so many suits for nothing, he would be allowed the costs
of this suit.

Mr. Sergeant WILDS contended, that he was not
entitled to them, and the Court thinking be ought to
be satisfied with what he had got, refused to make any
order on the subject. _

THE EVENING STAR.

LONDON.
MONDAY, NOVEMBER 27, 1826.
STOCK EXCHANGE, TWELVE O'CLOCK.

Consols, which kft elf on Saturday at 113 i for the Account,
opened this morning at On for the Account ; sines which they
may be quoted at $3 for the Account, and for nest Account at
$4 buyers, with little doing at present. To-nsorrew being settling
day in the English market, most persons are busy in making up
their Accounts.

In the Foreign market, the South Americans remain steady, and
Greek loads maintain their price.
Current prices: Old Spanish 13g I, **akin 671 at, Colom-
bian 41g 42, Russian 87i I, Greek.Bessda.lll/

PRICE 0! STOCKS AT TWO O'CLOCK:
, Bank Stock 203%
3 ler Cent. Red. 8244 V.
S per Cent. Cons 83% Vs
Si per Cent. Rei. 88% 3
4 per Cent. New 98% Vs
4 per Cent. 1826. 97%
Long Ann. 19%
India Bonds 38 36
1:1,003 Excheq. Rills 19 18
E5OO ditto 20 18
ClO3 and 12200 ditto 22 20
Cons. toi Ditto BS',4 4/8

Halifax Papers have been received at the North and
Squth American Coffeehouse to the 4th of November.
They state that the Americans seem at last to be open-
ing their eyes to the consequences of their obstinacy, in
rej-cting the proffered terms of free trade, offered by
Great Britain ; and they begin to think that it is scarcely•
worth while to throw away a trade which had opened
a channel for the exportation of American produce, to
the enormous amount of six millions of dollars, and
employed twenty thousand tons of American shipping.
This morning we received G :man and Neapolitan
Papers to a recent date, from which we extract the fol-
lowing :
ROME, Noumea& a.

We are extremely sorry to announce the death of his
Excellency Chevalier William Curtbys) Envoy Extra-