Star.
London, England, 1827-11-19 00:00:00

THE MARKETS.

--....
CORN EXCHANGE,• MARK-LANE, Nov. 19.

In addition to a great quantity that remained over unsold from
lasi week's arrival, we had a large supply fresh in this morning
from Ranee, Kent, and Suffolk, when the mewling trade was ex-
tremely heavy, and the finest samples of wheat with difficulty
obtained the prices of this day week, but the middling qualities
were nearly unsaleable. Barley was also dull sale at the Com-
mencement of the market, but shortly after fine malting samples
sold for 365. per quarter; Beans and Pease, of both kinds, were
heavy sale, and a shade lower, and the same may be said of Oats,
having had a large arrival from Ireland. In other articles there
Is no alteration.
Wheat, Kent & Essex, 50s 62s
Suffolk, 505665
Norfolk, 485 525
Rye 30s 545
Barley 32, 364
Malt 60s 64a
Pees, White Say 40s
Boilers 4115 445

Peas, Grey 42. 46s
Beans, Small (new) 52s 56s
Tick, (new) 42. 468
Oats, Potatoe 26s 30s
Poland 24, 28s
Feed 161 20s
Flour, per sack, 455. 50s.
Rapeseed 20s 23s per Last:
Last was.
Foreign Oats
Irish Oats
110 Beans, qrs.
3,877 I Peas
1,935 English Flour, sacks 8,26
1,495 Foreign do. barrels
SMITHFIELD MARKET, Nov. 19.

IMPORTATION
Wheat, English quarters 3,637
Do. Foreign
Do. Irish
Barley, British
Malt, British
Oats

11,732
676
1,057
1.537

The market looks up this morning, the best Downs being worth
6d..t0 4s. 10d. per stone, and the finest young Stots sell at 411.6 d.
to 4s. Yd. The inferior meat is likewise better than on last market
day. In Veal the variation is unimportant, prime young Calves
being 54. 6d. to 6s. per stone. The l'ork trade is steady, at 6s. to
61.4 d. per stone for the daisy fed meat, and larger hogs are ss. to
Ss. 4d. per stone.
Beasts, 2,820, Sheep, 21,400, Pigs, 159, Calves, 128.
Beef, per stone, 45. to 4s. Bd. Mutton, ss. to 4s. 10d. Veal, 41. to
H6s. Od. Pork, Ss. to.6s. 4d.—Hay, per load, £3 15s. to XS; Clo-
er, se4 les. to ses 156. Straw, £1 Bs. to £1 14s.

LIVERPOOL,

NOVEMSZIL 17.

Corms —The import this week is 13,047, and the sales reach
17,980 bags, of which 9,250 were sold by auction.
Secs a, /cc.—There has again been a good demand for Sugar, and
and 9.0 hogsheads have been sold at very full prices; ISOO bags
twiddling white East India have been taken at 745. Cofee has
been in very limited request, and a few parcels have been disposed
of at rather lower rates.

Yesterday morning a respectable young woman,
named Lawrence, while entering the new Church, at
Haggerstone, fell down, and instantly expired.
At the bench of Magistrates on Saturday, at the
Swan Inn, Chichester, a lad not more than tea or
twelve years of age, named Triggs, of Bosgrove was
fined Si. fur setting a wire for snaring hares, on the in-
formation of a gamekeeper. A most excellent defence
had been made tor the child, which, added to his tender
years, seemed to have made an impression on the minds
of the magistrates in his behalf, but the young urchin
happening to exclaim, when the gamekeeper said that
be saw him cut a blackthorn for the purpose of fasten-
ing down the wire, " No, that it was not, for it was a
hazel," decided the case against him,—Hampshire
legraph.

4 w.;
di? COURT CH A NCR g*, Itterirsatis I+.
'lMt kritoha iv.batihstA t. b. svitanik. •
IN THE stArrea tie •Toa nortsrsan caaatrini
LORD Coaeoet.t.oe gave lodgment on the del
tanner which had been filed in this tense. The bill
stated, that early in the 17th century a grant had been
made by the thin Lord of the minor of Hampstead of
Certain copyhold heath land, the Proateds of which
were directed to be applied in relict of the poor of the
parish of Hampstead, and for other charitable purposes
connected with the same parish. No provision was
made in the grant for the event of the death of the
then present trustees. Some proceedings were subset
quently had in this tour% under whith a decree was
ptonotlnted in the year 1726, directing, that when the
original number of 14 trustees should be reduced to
five, others should be appointed in the manner thereby
,pointed out; and it was ordered, that upon such new
appointment the copyhold lands should be surrendered
to the Lord of the Manor, and the new trustees admit-
ted on the pa;:xnent of a reasonable fine. The trustees
were always to be inhabitants of the parish, and their
nomination was to be subject to the approbation of a
Macer of that Court. The decree had been frequently
acted upon since it was pronounced; surrenders were
made in due course, and the new trustees from time to
time admitted upon the payment of a fine, which ap-
peared in all cases to have been fixed by arrangement
between the Lord of the Manor and the trustees, and
had hitherto always bean settled amicably. In 1826
the number of trustees being reduced to five, or below
it, Sir Thomas Wilson, the Lord of the Manor, nomi-
nated_ others who were approved of by the Master and
admitted: but Sir Thomas Wilson claiming a fine of
5,0001. which was ten times the amount paid in 1821,
disputes had arisen, which the bill and information io
this suit were filed for the purpose of settling. The bill
prayed that the decree of 1726 might be eapounded as
to the ressonabk fine, and that the proceedings to
which Sir T. Wilson had resorted far enforcrng his
claim might be restrained. The defendant demurred
generally to this bill for want of equity, and thus the
question came before the Court. Mr. Agar, who was
of Counsel for the relators, argued that the estate was
not copyhold, having been in 1698 taken from the
waste of the manor, Hts Lordship saw nothing:on the
face of the record to justify this objection ; and indeed
if it could be made out, he did not see bow it applied.
If it did, however, it was set at rest by the decision in-
" Northwick ta. Stangate " 3 Bosanquet and Puller. It
was also urged, that as the original grantor meant to
part with all his interest in the land but the yearly
rent of ss. which he had reserved, the decree which
imposed a reasonable fine on admittance was wrong,
and ought to be rectified. His Lordship bad in-
spected the original grant, and found in it nothing
which warranted such a suggestion. It was said
that if the fine were to be paid the charity would be
destroyed, and the intention of the grantor violated.
This argument he could not understand. The grant
was made to the trustees to hold the land according to
the custom of the manor, and he t.'ok it that the cus-
tom of the manor was, that a reasonable fine should be
paid upon admission. The decree therefore was in this
respect correct. The mode of nominating the trustees
was said to be objectionable, but he did not know how
this had been made to appear. The last and most ma-
terial part of the ca e was that contained in the prayer
for an injunction against Sir T. Wilson's proceedings at
law. To decide this question accurately, it became ne-
cessary to look closely into the nature of the case. The
original grant was wholly silent as to the fine, and as
to the time or manner of its being paid. The decree of
1726 supplied these defects: it directed the number of
trustees—the manner in which they should from time to
time be renewed—the performance of the trusts—the
class of persons from whom the trustees should be se-
lected—the times of surrender—and their admittance
on payment of a reasonable fine. The lord of the ma.
nor acted to a certain extent under the decree, and said
that he would have new trustees appointed, as he bad
a right to do. The new trustees were accordingly ap-
proved of and admitted: Here, however, the lord of
the manor stopped, and having availed himself of the
decree so far as he thought tit, resorted to other pro-
ceedings to enforce the further claim which he set up.
The Court could never permit this. It could never
allow the lord of the manor to attempt to enforce its
decree by means of proceedings at law. It was compe-
tent to a Court of Equity, without any assistance front
the Common Law Courts, to decide upon the reason-
ableness of the fine demanded by the lord ; and if it be
necessary, a Court of Equity could refer any part *1
the question to the decision of a Court of Law. Think-
ing, therefore, as he did, that the conduct adopted by
the lord of the manor was inconsis ens with his own pre.
vious measures, as well as in contravention to a certain
extent of the decrees of this Court, his Lordship ex-
pressed his opinion that the information bad been rightly
filed, and that the general demurrer which the defen-
dant had put in ought to be overruled.
Mr. HORNE said, he thought there ought to be a re-
ference to the Master.

The LORD CHANCRLLOR said, when the question was
brought betore the Court in a proper form, it would be
easy to devise a mode of ascertaining what would be a
reasonable fine.

Mr. BEANIES said, the practice of the Court was uni-
versally, that when a general demurter was put in to a
bill for an injunction, and that demurtet was overruled,
the injunction was granted of course.
The injunction to restrain the Lord of the Manor
from proceeding at law was consequently granted.

that be could prove to Isiojdprdship's 'amiantus
the verdict of the Jury's's quite -muster.
The Loan CmAricatxost then read the notes of the
trial.
The SOLICITOR GeNZRAL, Mr. Sergeant BOURQUE%
Mr.. Houma, and Mr. TauLova, were then heard. It,
appeared from the statement of Counsel,' that in aft!!,'
one .Brainley,who was an agent and bill broker, applied
to Mr.Aleedo, a Spanish merchant, for aad obtained
the discount of bills on behalf of the firm of Wagstaff
and Co. to a very large amount. At the tatter end of
the same year, Akedo also discounted for Watt";
at large amount, without the intervention •ef - -
Itir 10'23 Wagstaff' failed, when; it appeered :sus oi'
4000 i. was due to Alma° for bills dose by-Mecum of,
Oramley, aad 10,0001. done by Wagstaff' on their -Olin.
account. A tains, dividend-was paid upon the estate,
and no intact account come to by Alcedo. In the same.
year 080) an offer war made by Brandey to Akedo
for discounts, on wltieh *the account should be settled,
aid the issterest paid meekly. By means of these dis.
emote Braustey was to discharge that debt which he,
feh bead in honour to pay to Akedo, and by a private
arrangement it was settled that five per cent. should be
paid for the regular discounts, and a further sum of I&
per •eem.io part of the debt-doe from Messrs. Wagstaff.;
This was tarried on daring 1924, when oat of the!,
10008ba sum of 7,800. had been•paid off. Theetues•
tinowssy wisethor this was usury? . .
'DSC LOUD CHASOSLUIL asked, whether a ease-sints.;
Jar had not been pied yesterday in the King's Bench ?
He had seen a report in-a newspaper.
The diotscrroa GINIMAL replied that it had.
The,imat" Classes/rico* wished to know whether,
upon thati trial, the! Lord Chief Justice of the Court or
King?" Bebeh had not been of opisSion that the t -
titan between the partienwriollmlut 314„bild-not
able?

08111litAt. said, innififfinterden had
so considered it.
The LOAD CHAIIICILI4III • said, thenln S opinion
his Lordship had dillbred•ftrins the Chief Jisidee of the
Common Pleas.
.TheSollolllll-GittilltAL admitted this, and erged
that •there wew reasons why a Mw trial aught tole
granted.
Mr. Sergeant Wtt.ne tnade a leteepeeeh in soppott
of the verdict, which be said bad lama pronounced by'
the jury upon hearing the weole of the evidence.
QIIARLIN Wannaam.i. was beard en the same
side, and was followed *orbit. ,HIALD and Mr. Silo-
nit*. The argstatent was -not-finished et the rising of
the Coon.

L'S COURT.. Nev._l7.

• .• %FY.. ..... ••••-• -
As seem as the Vica-Cue Noway took his ...seat, be j
obsetved that he had rearived.a •lettet trona niter roc
the fraurt, residing at Wei/ingerso, 'in 6Dilifinoshin4;
aid elk° ;appeared toile the. doirrodartt UMW I
p 4134 isg. The Ws& object of this, laser seemed te be i
;be aseveyeace to his, (IthetViorGbensallor). of solar
very .strong and serious hapasadons apes the charm.
PT 4* the plaintiff in the same lake Hesbealsl not at-
tempt to aspress the &pleasure ba felt at having, been
or/sirevred in such a way, and should comma himself
with heading over the letter to the agent of the pleas.
tiff, Arlajoh be thought would be the best, saw °Coke-
poalis pi it.

- =444111 WPC& ut Its nenhui ancnrwaas MID CO.
The facts of this,uase, which came on apana . banks
r•pt petition, had been: dated on either sider.and the
solo object of the parties, as to obtain the opinionof
the Croon on the matter. in dispute between them. The
petitioner: was a •sterchaat.at. Oporto..wbo had for soma
time been in the habit of employing the bankrupts,
Messrs. Butler brethers,ws -his • assail in this cottony.
On one *cadets he employed them in that capacity. to
purchase for bias..a cargo of iron, when .thuswarbet
price of that metal should*, at a certain.ssun per son; '
mod. iss the very .same letter which casstaioed.tbis cam.
reiseion, the petitioner had enclosed bills to the emon*
of .7CW-with which, when the purchase of the iron
*old be,rnade, he disoctedlisem to '• do the needful to I
biliCieditt .Messrs.l3utler brothers, indinttbewatelve
unableto make the pourchawastba petitionerhaddiremed.
piece to him lai that. effect, and at the sasarrAbee.in•
forasedlhins that tbey would hold the **der -blamer.
Snort 'afterwards a commistion of benktoottYlvww-intbod
winst Mews. Butler hatcher., and the emission •of
tk,bankrupt taking possession of -these bills, sod cow
sidoring them as stately forming apart of the general
dealing between the petitioner aqd the bankrupts in
their capacity of agent, and u being, consequently, in
the order and disposition of ,thrbMatrupts refusedtto
morn the bills to the .petitioner *ben et plied safer
that purpose. They bad persevered in this •rafusal,
aotorithstanding the fact that the petitioner was in -no
way indebted-to the bankrupts; • and thattlityibad nei.
thee been discoanted by the bankrupts, or applied by
them to, the use and -purpose for which 4hophad.liesa
iniesfied by the petitioner. .
idr.. Pima caves .negnett tat same lesagth knives.
of die petition,orid4be tight of lie petitioner SO/We
the bills returned him. '%be Learned 'Camel ma-
tended. that all the circumstances connected with the
transaction, and pattieularly the meaaistkable words of
the bankrupts, " that they ,stipuld degatd the hills. for ;boo
petitioner," made Al* case
,perfectly analogous with
pet of d;ie Lceds.Bank, 4;54 hint been decided -Ay,
Lord Sidon. In that case, his Lordshipludnot only,
laid it, tloeta that ibills•PLr-ed 1).7 &Collett,' fbAnkfr in
,qirds 0. 24.13000.1)4iittr were pot only reclaipsa-
t ti] disfoorsted -for OP, . but the Ati,Press PutPo6, Igo
vr Mb the poser ef.discoentirlt was gi eel, !but.he WI
snid !farther, tthat .n*3 wide dive Axisuil a general
PweY o.oibccelltialis a 1 •AltYPlNt.theclaillas.4l agency.
was to be cortsiderecras reclaimable, and'as the property
of those who had Made' the chlopticfor apreific purposes.
Attar citing -other cases; the Plwarned iCoansel said the
felt confident thatwith these authorities in •tavour-cit
the petition, the Court would order • the bills•tohe te-
sta...A to the petitioner.

Mr. Hoes, Go the side, assured the Court, thsr
is reiisdng the claim of the • petitioner .the assignee.
wise •Acisintd -by Att) Other Motive •thte -a -coesciehnout
killing; that the kw aespeetivig trossitictions of this naJ
ppe ja.tkied them in -applying •the.bills to the liquida-
tion of ibegeoetal demands on the estate -of thelsank.
mists. There was a general :tithing agency account
bemires. the petitiorstr and the bankrupts, and -this
. .

---cion•ler the purchase el' iron was d part of theitl
general transactions, and not an affair either in" itd
distinct or to be aeliarited'bf my pttionfited -diainciost
horn tete lataiattat la general-which was tr antantett•
nitiestiths palms. -ate beamed •Coonsel coatendeJ IMO
itiic out thimodly cropte vie4r4 the vase an d• that whas,
costlier:44 itt :this light, the'teuthorities eited'•lty !hid
• - mot bear epos' the point -befog the
-Om Woe Otmecithatonliald-he would 'asinine cape.•
faltilalt•iht aelthetitiselenkthen communkatehis opi-
stiergeat ibilvaao 11,11 a ith it talkiest.
COURT OF KING'S BENCH, .leaseteriasa..vim. at.

Court.

714tRiP1e.4,4a,*341P106 4a 14itoritees ball, tiled at 016
k Assizes. At the trial a verdict was found for

the pliiiiddr for 231; 16s. vrithieave to "the defendant .
setuestehitheit en a point reserved for thqudgenast el
diarAmeh
It appoteed that the plaiatiff bad been 'clause& by eh!
defendant to bring two actions for him as the assign.
of an insolvent. The retainer and work done WOO
al
regularly pstoted,as also the fact of the plain, iffs haw
ing delivered io . two bills, signed with his name,.
month previously to the commeneensent of the actimai
one bill ersonweatieg all the charges, item brit...int
the first cense. .and the other stating the amount of she
same charges collectively in the second, but without+,
giving the keens. The plainaiffs clerk, on his crow;
esatninationrodmitted that he did not knew that • therel
bad been.any inertias .of the creditors of the insolvent
to:enalde the defendant to go-oa with the. actionswhieh
be bad aonsmenced. as awignee.on,behalf of the insol-
vent, end that be bad looked. through the bills and
could not find any charge made in them for calling stenli
a meeting. Two objections were taken by'. the rdsdando,
ant's Counsel for the action at thetrial t. the Ara •ints,
chat the bill in the latter cause sot having ,IseforideN
Abreved in to the-defendant by shop/midriff, conforsnablyj
to the nauseous incapable of:being taaed? and terio,..]
Mared-on ; and the second, thetas it isasenaetedby lit of!
Guo..IV. cap.-119, sec. 11. diets° action: earlaw could:
bet tended beyond mesne prtues• by, the assignee ,of us;
insoltreat without the consent of the major. part 4L.ltiu i,
creditors,. and of the Commissioners of the liasolopitit'
Court, and as this action .was brought to recover
the , costs ,of pi esecutins two actions beyond thil
point inentibeed in the above-named act, without the
necessary leave having been obtained, it could moubei
supported, the attorney having been guilty of colpahle'
.negligeate: The Learned. Judge over-ruled botheikkee-1
titles:And gi. vesdict, as we Ismer° stated; was r'etnenedl
for the-plaintiff...oas former day Mr.-Pollock uhtained:
a tale to show clause for the defendant, and toeday Mr.
Sergeant, Jones .appeared -in support of the indict for,
• ,Alitlertraat ,Jonas was proceetfing tongue the
fillet abjection, *ben be was desired by Mr., Pottooc, to
esofins himself to the latter, as that was the poist •ou
which be: principally relied. He ,argued that, as it
hod been held in two cases derided in the Comma
heesathat beisteen she assignee and the debtor of anis&
savant, it hems not competent for the debtor an call upis
the assignee at Nisi Prius to. prove his authority bed
die erediurts. led the commissioners of i she Insolvent
Court to bring the action. It was nes initairable at
AisitPrius ia-an action between the assignee and the'
*Mae y i whoa he bad 4 niployed,, arbetbee be bad ob.
talhadd• for him that consult. The defendant in such as
oatioostras bound to poee the negligence if . the atsor.l
udyrtlimninivelv, an& *et so Ahrow upon the attorney]
thaustereotabowing thatilithad pot beau guilty of Des&
rut. lit,4:lloatelicsi.Julkessa." 2 Canringten matt
yaw Is, it bed. beenreekl thatnn.atscreaavows net
.
to bras -isis-isdl on aoctenatoef .alt .error which had not
wises; frown want of, astition,Abough it twastidenitted
that for costehrought on, his client by his ioadveruste,
letuotthl sloe meow..
Lord TEDITISMILII-orl3y his illialfellelllCß, ,Ilistbet
Jones. Is not that the casehere?- _

Mr. Sergeasst.4anos Icanseqdat4 Ant ju was not ; and
in conclusion referred to Ai case of " Templer v.
bl'ltsgblan,".2 N. 8..19.6./ialiNcib k badelseen held
graknegligence ;the .coad Oct, 44Aasanse.cois14 get itS
/filial be ifet e4).as defeeee:44le.eaieePihi*amera
gey's
The doclikd eOliqg Alr.X.llack
reply.
. „Lord Tearraltaltackliaeled his ie4gles!eL It WAS a
taitirint
ted .with. caution
cthaeutiboousinesdsao 9f rilat. twisty alsonlsimilere
sn
my was
.employed p conduct l'er- the
assignee of an insolvent, it was, in his .11*pin 4sls
odes du tf.to inform his client of: the Pialeiltstac es
et his,proceeding ,ia that siction if be bedew( eats on,
cjierity of .the .major ,part .qf tits .croditess gad .of
tale .Insolvent • Court to -proiscao it; aid Unmake
m seeefe. tbOt if .he . Pot .obtain ,Osia
;Ay, he lags, pay the .costs ;of,it oat of his lowa
farads. taw' not nett ,411,13Q/a,of LIP:4IIOWe WOW
131 Ms AtiPS,Fop to oftCftion,is,.wbtcther,e•lrMshit
attorney has not given his-client dsislaforeantion, erni
when be sues his client „fnr.kbe,,ccots of an action, pro-
secuted without the. nicnsoryautlirwity, the attorney is
to show that he dis§haittd,hleffuti affirmatively, or,
the defewsleat , is.to.shawthat.ha did stt? Alle, was of
opiaion that •the outman, even .for ,Isit ewe interiet4
should
,pttre the afOringOolgere he • was entitled .1
Maas( -Pittlistalraltad Mr. Palaces rate •Wus4
beinicwaleelete.
Mr. Justice Bps:4e* said
.tbat If dat plainttf
.44
**nail f9r.tba Afsfeadttist Ibe.4o4lent, Qt. • the,ocedittora,
of ahalaseleent, ,and:the approbation of ,the boolvaart
Ceorteebe.dyfeedint •weeld have :been, melded 10-havi
irsedsciat o!,the insolrent:sAtate. :00
_d.lhpt consent; owing tp,thouseljgence
of issifiAlatinnef *nab), notigetting it, the plaintiff had
deprived 'his cikat of alse means of getting -any reiroi,
bursement for •his costs. The plaintiff otujist .not:
therefore, tckbeentitlect regov cr.—Rale ninslanlssolNe4
Theand t rose. st two olclock, their • Lordships
went to the Exchequer Chamber to meet the other
Julges.
COURT OF COMMON PLOP, Wernaxerss, Nov. 17.

his costs