Star.
London, England, 1827-07-26 00:00:00

MADRID, Jinx 9.

The Government has just issued orders for the forma-
tion of eight new regiments of the line, which it is said
are to garrison our fortresses now occupied by the French
because, in consequence cf a new arrangement between
the two Cabinets, they are to be evacuated on the Ist of
October next. It is believed, that this measure, if it
should be adopted, will have some influence on the af.l
fairs of Portugal, and that the English. on their side
will evacuate that kingdom.

FROM THI MONITION OF MONDAY.
FRANKFORT, Jct.:l7.
(ram( • FILIVATZ
" Leiters have been received from the Bukowina and the Bannat
of Temeswar, according to which nothing remarkable has pawed oa
the Turkish (roosters. Notwithstanding all the activity diplayed
by the Pachas Musa, 3emandria, Silistria, and Radachuk,s in the
organization of new keits an the European footing, it doe* DM sp.
pear that there has yet bean any assembling of troops ea the plains
of Adrianople, u was said at Constantinople sonic months ago.
" In :Moldavia and Wallachia every thin is on the old footing..
The report was current at Jassy, that the Hespodar of Moldavia
being injured by his SIMI enemies in the opinion of the Divan, was
on the point of being dismissed. Several Moldavian Berardi were
suspected of nor being unconcerned in the intrigues carried on at
Constantinople against the Hompodar. It was reprised that the
readiness which he showed at the time in die es/curios at the ad-
potations entered into at Akermana respecting Moldavia, bad dia.
phased some of die great Akers of the Porte.

The VICE CHANCELLOR did not see bow his decision
could do more for the justice of the case, than the Court
of Law in which the action was brought.
Mr. REAT thought the obvious fraud of the transac-
tions gave the plaintiff a right to relief in equity.
The VICE CHANCELLOR w ished. to know, if there was
anything to establish fraud in these transactions, ex-
cepting the subsequent commission of lunacy?
Mr. RIAT thought the merits of the case demanded
that the defendant should not be allowed to try this
question by separate actions, but that the whole pro-
ceedings from the 16th to the 19th of August should be
tried in one issue.
The VICE CHANCELLOR wished the Counsel would
furnish him with the form of action to-morrow. He
could not decide wi:bout that.
Mr. SHODEN hoped he would be permitted to mor-
row to oppose this motion. He was prepared to con-
tend that the plaintiff had no equity in this application.
it was not true that the plaintiff would not have the
whole transactions fr..m the 16th to the 19th tried by
the present action : for the plaintiff had given notice of
set-off to defendant's demand, as to the two bills of
2001. each, paid at Worcester.
The VICII-CHANCELLON slid, he would certainly hear
Mr. Stigden to-morrow. At present he was against the
motion ; and he was sure that from the facts adduced

before him, no imputation ought to rest upon the cha-
racter of the defendant.
111-PAATi ISJIIIICTIOY.
In a case where an injunction was sought, ezforte,
by one partner against two others, carrying on the bu-
siness of Solicitors in the country, on theground of miss.,
conduct andgeneral allegations of fraudulent intention,
His Honoutt refused the applicatioo, as one which
might not to be entertained by the Court without very
smog and specific facts. Where professional men were
concerned, an injunction of this nature could noting,
granted unless upon adoption of the allegations of fraud,
otherwise irreparable injury might be done. It would
be productive of great pain to him, after granting en,
injunction affirmatory of fraud against professional
Gentlemen, to find them come into Court and s
fully rebut the allegations upon which the Costuretcl72
been induced to act.
COURT OF Kraal; 111101,011, Saar as.
oacioocu wortzwirr 000P11111 AIPD Mina&
This was an action of trespass, in which the plaintiff.
a linen.draper at St. Ives, in Huntingdon;hire, ceeght
to recover a compensation in damages against the de-
fendants, Charles Cooper and Charles Evans, barristers-
at-law, and George Jay, an attorney, for illegally issuing
tbeir warrant, as Commissioners of Bankrupt, under
which the plaintiff was arrested, and carried from Lon-
don to Norwich.—Mr. Busnay opened the pleadings.
Mr.Casersact. said, in stating the case, that a com-
mission of bankrupt in the country was perhaps the worst
constituted tribunal in the kingdom, for the Commis-.
shiners were selected by the solicitor to the commission,
and they taxed his bill of costs, so that their profits de.
pended on each other; and, unless mutual satisfaction
was given, it was not likely they would ever again ap.
sion of,bankrupt which bad been issued in 1829 against
pear together as Solicitor and Commissioners. A commis.
Messrs. Silvey and Saunderson, bo nth asi n-manufas turers
in Norwich, was afterwards superseded by the creditors,
who consented to accept their debts in three instalments ;
the last of which was guaranteed by the plaintiff.
However, when the first instalment became due, they
were unable to make it good, and. in consequence, a
second commission was, on the 96th of March, 1826,
issued against them, directed to the defendants. At
one of their meetings at Norwich, on Saturday, the 15th
of April, it was found necessary to examine the plaintiff
touching the bankrupts'iestate; and the Commissioners,
under the power granted to them by the Bankrupt Act,
issued their summons, requiring the plaintiff to appear
before them at Norwich on Tuesday, the 18th of April.
As the plaintiff was then in London, the summons was
sent to the agent of the solicitor to the commission, and
was by his clerk served upon the plaintiff as late as five
o'clock on Monday, the 17th, and he was required to
be at the Bowling-green Tavern, at Norwich, befogs
the Commissioners, the next morning at ten o'clock.
The plaintiff remonstrated that he was of with
lumbago, that he was engaged in very important busi-
ness, and that the notice was too Short for him to travel
a distance of 116 miles, and he requested the clerk to
accompany him to his attorney. When they came there,
his attorney said he did not consider the notice legal, on
account of the shortness of time, and he objected that
51. which was tendered to the plaintiff for his expenses,
was an inadequate sum. The plaintiff expressed his
willingness to attend the Commissioners at the end of
the week, or on any day they pleased, on having rea-
sonable notice; and he begged the clerk to write to
Norwich to that effect, which he promised to do. On
the Thursday evening, two days afterwards, the plain-
tiff was, to his great surprise, arrested by a Sheriff's.
officer, under the warrant of the defendants, who it ap-
pears met at Norwich on the Wednesday at ten o'clock,
and issued it without having even an affidavit of the
service of the summons. The plaintiff was taken that
night to Norwich, where be arrived at about six o'clock
on Friday, and was kept in custody at the Bowling.
peen Tavern until eight o'clock in the evening, when
it pleased the Commissioners to meet. Amongst other
questions the defendants very improperly examined the
plaintiff on the subject of his arrest, and they will pro-
bably read his deposition to-day.
The notice of action was proved.
Isaac Kemp, Sheriff's officer, produced the warrant
of the Commissioners, and proved their handwriting.
Witness arrested the laintiff on Thursday, the 20th of
.April, at the Queen's Arms, Newgite-street, and toot
him to Norwich. They left London at twelve at night,
and reached Norwich the next day 'at two o'clock.—
Witness kept the plaintiff in custody at the Bowling.
green Tavern until eight o'clock, when the Commis-
sioners met. The plaintiff complained of the lumbago
when he was arrested.
Cross-examined by the Souctroa-Gmaac—The
plaintiff did not afterwards complain of the lumbago;
the plaintiff, his solicitor, and witness, travelled in a
post-chaise. The Bowling-green is a very good tavern.
The plaintiff's refreshments on the road and at the inn
were paid for him. There were then four night coaches
to Norwich; the fare was two guineas.
The SOLICITOR GENZRAL said the plaintiff bad
proved only a very slender case; and when the Jury
came to know all the facts, they would be satisfied that
the defendants had not only exercised a sound discre-
tion, but that they would have been wanting in duty if
they had not pursued the course they did. It was to
be wished that his friend, who bad introduced into the
case a complaint against the administration of justice
seder the bankrupt laws, bad tendered himself some
time ago before certain persons, who would have .bees
very happy to have heard his observations; but as the
law at present stood, and he, the Solicitor-General,
found as fault in it, the defendants were not liable f.r
what they had done, because there were no substantial
reasons why the plaintiff did not attend before them on
the morning after be was served with the summons.
The Solicitor-General here detailed several circum-
stances relating to the bankrupts, which made it almost
imperative upon the defendants tc examine the plaintiff
latching their property. When the summons was
Metre/ on the Monday evening, what was there to pre-
me the plaintiff from complying with it?
Lord TESTIIRDIN—That is the whole matter.
The Souctroa GANZILILL teed from the proceedings
the excuses which the plaintiff on his examination de-
posed he had made to the clerk, who served r'

Do de-
t
Alin

*nom The plaintiff said, of be bad business with a West
India merchant, and he wished to prove a will of 'which
he was executor ; and his attorney advised him that he
had not been duly summoned, and that Si. was not a rea-
sonable sum for expenses." These excuses were all ma.
nifestly fallacious, and some of them—tistobjectionW
the sum for expenses—were afterthoughts.
-The solicitor to the commission (examined by Mr.
Atozasos) proved, that after the plaintiffs examination
was.over, he was paid 71. _ _ . . . _

.Tohn .Rawlinson proved the service of the summons
at five in the afternoon of the 17th of Apri. Witness
lindered plaintiff 51. Plaintiff objected to the shortneis
of the notice, and he had business.
Cross•examined.-1-The plaintiff's attorney objected
that St was too small a sum. Witness wtote a letter
to the solicitor at Norwich, acquainting him with what
the plaintiff ha said. The letter was pioduced• and
read. It stated, that the plaintiff declined at ending,
the Commissioners, becaute his private arrangements
would not allow him."
The solicitor to the commission proved, that he re-
ceived the letter on the following Wednesday morning,
at ten o'clock, and laid it before the defendants, who
continued their meeting until one o'clock, when they
issi•ed the warrant.
Mr. Castriseu. submitted, that it lay upon the de-
fendants to she*, th.t they had, before they signed the
warrant, evidence upon oath of the service of the sum.
mons, and of the tender of expenses.
Lord TiNTERDIEW.ay the literal constsuctieu tithe
33d section of the Bankrupt Act, the defendants ors
justified, it the party was actually summoned, is
their warrant without oath.
. Mr. CAMPBELL argued that that was not the• proper
construction of the Act. The warrant was similar to an
attachment for not obeying a subprzna, which his Lord-
ship would not grant without affidavit of the due service
of the suborns. It could not be the intention of the
Legislature to give Commissioners of bankrupt a power
which was denied to the highest judicial authority in the
kingdom. A Magistrate could not issue a warrant, even
for felony, without a previous deposition on oath. The
summons was served at five in the eveniQg, calling upon
the plaintiff to appear,ll6 miles off, the next morning.
No man was obliged, upon a sudden notice, to travel
the whole night. If he had been subpoenaed as a wit-
ness, his Lordship would not think he had had suffi-
cient time.
Lord TENTERDEN said he should be unwilling, by
any construction of his upon anAct of Parliament giving
the power of arrest and imprisonment to commission, to
other person., to allow them a greater authority than
what the Legislature intended to confer upon them. If it
were absolutely necessary to have evidence upon oath
of the service of the summons, bef re the warrant was
granted, considerable expense and delay would in many
cases be crewed. If the Commissioners are aware of
the service of the warrant, and no lawful impediment
is laid before them why the party summoned should
not attend, that is sufficient; for the Act does not re-
quire evidence upon oath. An affidavit would on-
coubtedly be required by a Judge upon an applicaticn
(or an attachment, but no action would lie against a
Judge for what he does in his judicial character. The
Commissioners, on the contrary, are subject to an action,
and if they act upon supposition, they do so at their
peril : if the summons is regularjy served, they are jus-
tified ; but not otherwise. The excuse laid before the
Commissioners .. of private arrangements," was insuf-
ficient. If the letter had stated that the plaintiff was
unwell, or that the notice was too short, either ,f those
might have been a lawful impediment. With respect
to the expenses, a. was enough to take a man to
Nora ich.
Mr. CAMPBELL—And to bring him back, my Lord?
Lord TINTIMIDEX—No, I do not say that. The Com-
missioners, when they attend, are to award the proper
sum : it is enough if the sum tendered is sufficient for
the expenses to the place where the Commissioners are.
His Lordship concluded with stating that the Commis-
sioner* had not acted illegally in granting the warrant,
*nd that the plaintiff must be called.—Nonsuit ac-
cordingly.

THI4; EVENING STAR.

LONDON.

THURSDAY, JULY 26, 1827.
STOCK EXCHANGE, TWELVE O'CLOCK.

The usension in he Conical market this mornbig is beyood de-
art*, ptioe, two failures having bens declared, one of them to the
staionnt of two millions; but the other is not of so much cense-
goatee. At present it is impossible to give a correct price of Con-
sob, as they cliffs every minute. Consols have been at 8$
44 4 for Money, and (or all times, in varions places in the House,
tie price of Consols differ j per Cent.
This osement another failure bas been announced, making three.
la the Foreign market, Mexican Stock has improved.

Caveat ',dies* O Spaaidt 9j, Mexican 70 I, Colombian
Sal Si.

CITY, TWO O'CLOCK.
Consols may be quoted at present at 86,1 for Money, and 161
for August, ex die. The Hebrews are the principal sufferers by
the three failures in Consols this morning.

PRIPR OF STOCKS AT FOUR O'CLOCK.
Bank Stock 212 211 India Stock 2521
5 per Cent. Red. 873 3 3 88 Ditto Bonds 87 89 SI
.3 per Ct. Cons. 86j 71 61 1 871 1 South Sea Stock
33 per Cent. 941 Old Annuities
31 per Cent. Red. 941 1 £lOOO Excheq. Bills 55 58 S 7
4 per Ct. New 1011 1001 £5OO Dittn•s3 53 57
4 per Cent. Scrip £lOO and .2200 Ditto SS Si 57
4 per Cent. 1826,1021 I Commercial
Long Ann. 20 1-16 Consols for August 86j 73 Slit 3

• FOREIGN FUNDS, TWO O'CLOCIk.
AUIIIIIIII Bonds, S p. Ct. 921 Mex. Itonds,s per Ct. 58
Co' looihlan Booth, 6 p Ct. 30 D0.1id5.1895,6p Ct. 70}14 891
Do. Ace. 301 Do. Acct. 70j % % 70
Ditto 8da,1824. 1111.2.11da, 1 892,6 pl.:. 94% It
Do. Account 34 33% Do. Acct. 94i
Danish Ilds. 3 p Ct. Span. Bd. 5 p Ct. 91 9 %
I)o. Acct. 621 French Bente', S p C. 105? 50c
Gr. 1351611195, 5 pCt. IS % Kzchange, 25f 40e
BRITISH AND FOREIGN SHARKS, TWO O'CLOCK.
/HA It B. Pala. .
Brazilian 100 20 30% 31
C.:ultra' Mining hen. 100 S 7
Potosi La Paz & Peruv. Also. 15 5 4,1 41
;Marine Alliance 100 .5 41
l'rovindat Bank of Ireland 100 25 291
Plums Foam Jou, 23.—Flve per Lend. 103 f. —e.— Three
per Coots. 79f. 6.L. Neapolitan Rental, 78f. 45c.

We received this morning the Algemeine Zeituag to
the 18th inst. They supply us by way of Trieste, with
advises from Smyrna to the 17th ult. from Adrianople
ea fbe 30th May, from Zaute to the 26th June, and
from. Coifs to the 2d inst. They also ccmtain direct
accounts from Zimova in the Morea,brought by a vessel,
‘,hickarrige4 on the Bth of this month at Ti lest; after

to passageof 22 days. A few days before this vessel
sailed, news had been brought Os Zimova by barks front
Cerigo, that to 'Egyptian fleet or 100 sail ha&been
`seen, off that *stand, and that a heavy cannonade had
Iseed'healil on the 14th Arne. From these circumstances
lit
was generally interred, that this was the large Egyp-
tian expedition, which had been so long preparing at.
Alexandria, gad of which the Viceroy was to. take
the command in person. gowever, this musi be evi-
dently a mistake, as letters from that port of the liih
of May announce That the fleet Would trot sail before
the end of June, whilst subsequent letters, dated thirteen
days tater, make no further mention of it, and we have
in this *minim a strong-presumptive proof that it had
neither set•out, nor -was lkkely' to .proceed soon, for its
destination. Besides are Corfu and Zone letters make
no mention of • the 'expedition ; and from all these
cir-
cumstances we thinkourselves folly justified in treating
the whole report as a mere fable. The accounts from
Smyrna, whieh,.as "we have already stated, are to the
17th ult. may be regarded as so far important, as they
put an extinguisher, by their silences upon a report in the
French papers of a general massacre of the Greeks in that
city, and the plunder of all the European commercial
establishments there. We have also before as extracts
from the Smyrna Impartial Observer of the 16th tilt. and
they are as silent on the subject as the private letters.
However, the Observer contains some important intel-
ligence relative to the movements of lastentle Parma,
from which it is clear, that he had renounced:altinten-
lions of joining the Seraskier RESCHID Pacita hi At-
tica. It says on the contrary that he liad remeasured
hii steps from Patrass, in the neighbourhood of which
he had, for several weeks previously, carried on a war
of extermination against the unfortunate Greeks.—
This news is confirmed by the letters from Zone,
I which say that he was to proceed from Tripol axe
against Napoli di Romania. As this is the place
of greatest sttength, or rather the only strong place,
which the Greeks possess or. the Continent, they
will no doubt display their characteristic heroism in its
defence. It is true they have Corinth besides, but its
artificial defences are clumsy and feeble; and their main-
stay on land, exclusive of their own unconquerable
courage, is Napoli di'Romania, which, besides its great
natural strength, is fortified with ,as much case as could
be espected, under all circumstances. But the enemy,
who is well aware of its importance, will no doubt make
corresponding efforts to get it into his power, particu-
larly as its capture would tender him all but undis
puted master of continental Greece.
According to the news from Adrianople, the dissolu-
tion of the Janissaries, and the introduction of the new
military system, was effected there, contrary to expecta-
tion, without any difficulty. The recruits who daily
arrived, were immediately incorporated With those
already trained in the European fashion. They per-
formed their exercise, it is said, with precision and ra-
pidity. Five barracks, capable of containing 10,000
men were constructing; and, woo iihstanding all the
seal, with which these innovations were carried qn, the
public tranquility was nit interrupted for a single in-
stant. 9ne of the regiment‘, trained'in this manner, had
marched to join the corps under REDSCHID PACHA ; and
as the Porte is thus making redoubled efforts to bring
the Greeks under its iron sceptre again, let us hope that
the Allied Powers will not be remiss in their measures
for preventing so great a calamity.

We also received this morning Frankfort Papers tn
the 18ih. As they state, under the head cf Vienna
14th July, that Prince METTERNICH would set out in a
few days for his estates in Bohemia, we suppose that
the affairs of Greece were settled at that period, it not
to the entire satisfaction of Austria, at least in such a
way as precluded any further active interference on-her
part. This article says nothing respecting the projected
journey of the Imptrial Family to the baths in Upper
Austria.—The following are extracts from the Frank•
fort Papers :

" DUSSELDORFF, hum 16.

".On the 10th of July, the 6th General Assembly of
the German American Mining Association was held at
Elberfeld. Eighty proprietors were present as holders
or agents, from the holders of 1553 1-3 shares.