Star.
London, England, 1826-11-03 00:00:00

HAVANNA, Barnum 14.

We are, as to our political situation, in the same state
las we were three months ago ; some of the troops that
were here, have been sent into the interior, and about
one thousand men went in the fleet that sailed from
het e. some time ago. We have heard nothing from the
tapadyon since they left us, nor do we know where they
ate, and what they wish to do. Our city is !emu kably
healthy, even among the shipping, and but few cases
of fever had occurred,'but none of a virulent kind. The
troops me also very healthy.

FROM Tilt NANTUCKRT INQUIRER.

A Noar.e DEaD.—Admiral•. Sir I. Caitlin's recent visit
to this place, was for the purpose of consulting with his
Lately connections, upon a plan which he had long
contemplated, of establishing a School upon the Lan-
casterian system. This institution is designed for the
education of the youthful descendants, of whatever
name. of Tri►tram Coffin, Sir Isaac's ancestor; who
emigrated from tngland in 164,4, first settled at Salis-
but y. near Newburyport, in 1661 removed to Nantucket,
and there spent the remainder of his days. It is under-
goad, that the Admiral is about to appropriate a suffi•
cient fund for this purpose; and has appointed a Hoard
of six Trustees, all bearing the name of Cain, who are
to manage this fund and superintend the school.—The
business is now progressing ; a contract having already
been made for a commodious School House. thirty by
sixty-eight feet, completely fitted for a Monitorial
school, with suitable yard room, tee. The building is
two stories in height, apd capable of accommodating in
the two departments two hundred and fifty male, and
as many female scholars ; in another year, the school
will probably be organized and in full operation.
We cannot pass by this liberal and munificent act,
without bestowing a just tribute to that patriotic spirit
by which it was prompted. It will not oaly perpetuate
the name and the bounty of the illustrious patron, but
constitute an everlasting memorial of the blessed in-
fluence of public schools. It is to the education which
Sir Isaac acquired in his youth at a Boston Free School.
to the principles there impressed upon his mind, and to
his subsequent convictions of the utility of the New
England school system, that a peat portion of the in•
habitants of Nantucket are now indebted for this evi-
dence of his generosity. The establishment of this
seminary, though in its nature special, and necessarily
limited, will form a prouder monument to the memory
of its founder than can ever be erected within the clois-
ters of Westminster Abbey—a monument that the op-
posers of Free Schools in this town may ever look upon
with shame and confusion of face.

Some expectation has been entertained among the
friends of Lord Coolant's, tlpt his Lordship was about
to visit London, but by a letter received yesterday from
Paris, it appears that he has left that city with M. Or-
lando, the Greek Deputy, for Marseilles. This change
of determination is, it is said, owing to the grant of els.
yen thousand pounds, which Lord Cochrane has ob-
tained from the French and Swiss Greek Committee at
Paris, and he has returned to Marseilles with the inten-
tion of purchasing a frigate built in that port for the
Puha of Egypt, but which his Highness had not ful-
-1 filled his part of the engagement by paying for.

VICE CHANCELLOR'S COURT, Nov. IL
IMPERIAL DISTILLRRY COMPANY.---4RIVER V. 11A IRII7.
This was a bill filed by the plaintiff, who is an ori-
ginal Shareholder in the Imperial Distillery Company,
against the Directors of the Company, to compel them
to pay back 'bosom of 1001. paid by the plaintiff as de-
posits on twenty Shares allotted to him in the.said Com-
pany. To this bill the defendants filed a demurrer,
alleging that the bill did not state a case which called
upon them to put in an answer. The cause now came
on to be heard in argument on the demurrer.
Mr.Ww EZIRLD, on the pert of the defendants, stated,
that the bill set forth that, in the month of March,lB2s.
an advertisement appeared in the Times newspaper,
which stated that an Imperial D.stillery Company was
*bout to be formed, with a capital of 600,0001. consist-
ing of 12.000 Shares of 501. each. A prospectus was
soon after published, which contained the names of 12
Directors, by whom the affairs of the Company were to
be managed, and stated that a deed of was
to be prepared immediately, and an Actietotfirtre;rtnnent
would be obtained fir the further secusity of the Share-
holders; and that those Shareholders who did not pay
their dopcsits on their Shares within thirty days of the
execution of the deed of settlement, would thereby for-
feit their Shaves. The plaintiff, in consequence of these
representations, applied for, and bad allotted to him,
twenty Shares, on which he paid a deposit of 51. per
Share into the bank of Messrs. Bosanquet and Co-. the
bankers of the Company, on the 25th of March, 1525.
On the 29th of the same month the Directors advertised
for premises, for the purpose of carrying on an exten-
sive distillery ; and at the same time published another
prospectus, which contained the names of but ten of the
former Directors, and had the names of two Directors
not in the first prospectus. The plaintiff also learned,
that not more than 10,000 of the Shares of which the
Company was to be composed were allotted, and that
but a small part of these were paid on; that no deed
of settlement was executed, and no Act of Parliament
obtained. In the month of July following he received
a letter from the Secretary of the Company, which
stated, that the Directors bad purchased an extensive
distillery in Hertfordshire for carrying on the business.
and calling upon him for a further payment of a deposit
of M. on each of his shares. In consequence of the
circumstances above stated, which had come to the
plaintiff's knowledge, he refused to pay any further de-
posit, and stated to the Directors that he was determined
to retire from the speculation. and demanded back the
1001. he had paid as a first deposit on his shares; In re-
ply to which application, be was informed by the Direc-
tors that his shares were forfeited, in consequence of his
not having paid the second deposit that was.demanded.
The bill also alleged that the defendants had become
Directors otthe Company for their own private advan-
tage, and made sale of many shares at a premise, and
appropriated the advance in price to their own use, and
prayed that they might render an account of all the
shams that had been allotted, and to whom, and of all
money received on account of shares or otherwise, and
of its disbursement; and that as the money paid by him
as deposits on his shares was obtained by misrepresenta-
tion, they might be compelled to pay back the same.—
The Learned Gentleman having stated the allegations
of the bill, proceeded to argue in support of the de-
murrer. He observed that Company was not a bubble
speculation, but had been formed for a legitimate object
of trade, which had been a source of treat profit to
many. The bill did not allege that it was impracticable ;
nor did it thew that any fraud had been practised.-*-.
The two Directors whose retirement was complained of
in the bill, had never rived in the affairrof the Com.
pany, so that nothing was lost by their retirement; and
It was evident nothing that had been done could entitle
the plaintiff to demand ,back his deposits; for. having
entered into the speculation, he could not retire from it
without the consent of his co•speculators.
Mr. Evaxs followed on the sense

Mr. !Crucifix supported the bill. He said the plaintiff
paid his deposits on the faith of the representations con-
tained in the prospectus, and his confidence igis the
t/rectors therein named. Two of those Directors' had
been chanted, and none of the promises set forth per-
formed. the Company was to consist of the holders
of 12,000 shares, not more than 10,000 shares had been
allotted, and but a small part of those had been paid on ;
no deed of settlement ever executed, and no Act of
Parliament obtained ; and the Directors, when they had
but a small sum of money in hand, agreed for the pur-
chase of premises, for which the deposits had not enabled
them to pay ; and although it was wholly impossi-
ble, for want of capital, to carry on the business, en
pretence of carrying on which the Company was formed,
the plaintiff had surely a right to say, that his money
bad been obtained by misrepresentation and fraud, and
to apply to that Cunrt for its restoration.
The Vica-Csiaiscussia mid the prayer et the DM was one of
great importance, in which the public were highly interseted--ho
must give the sobiect his best cansideradon, and should slim his
iudimeat as goelY as Moil".