Star.
London, England, 1818-11-13 00:00:00

IN RI BURGESS.

This case was sent into the Court if Common]
Pleas by the Lord Chancellor, in order to ascertain
the practice of Coons of Justice upon the point at
issue.—A commission of bankruptcy had been i;sued
against Burgess in August, 1816. The petitioning
creditor had originally held a bill of exchange to the
amount of upward; of OS, due by Burgess on the
2d of April, 1816. This bill not being paid, was
duly protested; and it was admitted, thst before the
commission was sued out, the interest, added to the
original sum, made up more than £lOO, the sum re-
qtured to be due to the petitioning creditor. The
question at issue was, whether the interest was a part
' of the petitioning creditor's debt ? The Lord Chan-
cellor had consulted with Lord Ellenborough on the
point ; and he was of opinion that damages could not
he considered as a debt. The Lord Chancellor re•
ferred the point to a Court of Law, expressly at the
desire of one of the parties.
Mr. berjeant Hot LOCK quoted many authorities to
chew di:a the plaintiff (Cropley) bad a right to charge
such interest, and make it a part of his 'debt.
The ',oar, Cnisaf Jusricr, Mr. Justice Pattx, and
Mr. Justice Ilt:aaoueu, reminded the Learned Ser-
iennt
of the decisions which had been repeatedly
, ,
given dy Lord Hardwicke and other Chancellors, by
which it appeared, that when creclizors came to prove
their debts under commissions of bankruptcy, the
commissioners never allowed interest on the debts.
Mr, Serjeant LENS, on behalf of the defendant,
contended.. that in no case of bankruptcy had any
}rum been ever allowed beyond the original debt;
'rzhat no creditor proving snider a commission could
+ dais* interest or damages, unless granted to him by
the verdict of a Jury, and that no case could in such
case bear an interest, unless the same was secured by
a previous contract. This, he maintained, had always
been the law, as always laid down by the Court of
Chancery.
Mr. Serjeant Huccocx said, that there were some
cases in which interest could not be allowed, such as
book-debts for goods sold and delivered, and other
debts, where there was no direct or implied contract
respecting interest ; but in all cases of notes of hand,
or bills of exchange, the contract of the law, he main-
tained, was, that the parties executing the same were
liable to pay interest from the time of their being
protested.
The Court put off the further hearing of the case
to a future day.
INSOLVENT DEBTORS' COURT, NOVEMBER 11.
There were no cases of importance heard this day,
except the following, which is chiefly noticed on ac-
of a new rule which Mr. Serjeant RUNNINOTON ex-
pressed his intention of making, with regard to the
practice of chis Court.
Robert Ha, an insolvent in the King's Bench pri-
son, was remanded in August, 1817, for concealment ,
of property, and since that time has brought his case
twice before the notice of the Court on rules Nisi,
though, owing to some informality in his affidavits,
he could not on either occasion make them absolute.
He now applied to the Court to be reheard upon a
new petition, which Mr. Meant opposed, on the
ground that it would be inconsistent to allow the
Iprisoner to obtain, by mere petition, what had been
I twice denied him on a rule Nisi.--The Insolvent, in
answer, alleged, that he bad not been able to enter
into the merits of his case when his rules were ar-
gued, owing to the informality of his affidavits, which
his`agent had filed in the King's Bench, instead of in
this Court. The ground of his remand was conceal-
ment of property; and as the excellent rule which the
Learned Serjeant had since made was not then in '
existence—" that each creditor should file the ground
of his opposition three days previous to his making
it," be was not able instantly to rebut the charge
brought against him by his plaintiffs, from his pre-
vious ignorance of its nature. It was at that time
stated, that he had not actually sold, but had only
nominally transferred, some landed property, which '
he (the Insolvent) possessed in Derbyshire. He was 1
I now prepared with regular affidavits to prove that ,
he had not merely sold the land, but that he had also 1
I sold it at a very fair and equitable price. It was true
that he had sold it to his cousins ; but he had only
done so• because nobody else would buy it, as they
were joint proprietors with him, and were the tenants
in possession. So far from having any property to 1
conceal, he had only two shillings when he went to '
prison ; and he thereforeloped that the Court would
allow his petition to be now heard.
The Court consented to investigate his conduct a
second time. He must, however, carefully guard
against the commission of any further blunders, as it
was chiefly on the alleged grounds of prior informa-
lities that he via) ww allowed to be. reheard.

POLICE.

jonotnt.Lrioida.kocixor, ndeeistcriCbtrinitgohSintcl.za
ftearriGdn'tuiLman, out of. en2sloy, was brought 414,
Sittirig Alderman, by vrett, an officer.,_
der very suspicious circunastances with , ca
having
a little boy, about nine years of
-
Connelly, wife of a stonemason's labourer,
at No. 2, Long walk, Chapel,treet, Grub-sr she was from home some time on Wedne,d,
ing, and on her return she missed her lr,;1
she made enquiry among several of the ,
but could get no tidings of him. A wom,
ing in the same Walk, at length recollected
seen the child early in the morning, in
the prisoner, who w.ts well known about t:,e
bourhood, living chiefly upon the charity titLe
habitants. Inquiry was immediately made ;
house where he slept, but he had not been t!,eet,
the day. The hour at which he generally -
arrived, hug lie never made his appearance,
home all night, leaving the father and mother
a state of anxious suspense, too dreadful to be
scribed. As early as it was light', search was 7
made for the prisoner, but it was not till tette
yesterday morning, th:-t the mother learnt that
had been seen in the neighbourhood ; the inn,
ately went in search of him, and charger him
having stolen her child. lle at first affected it
ranee, and denied having seen the child; but el
mother's telling him the information she had tectis
and giving him into charge of the odicer, he cv.:,
red the child bad been out I ith him for a talk,.
that he had left him behind. Under these cir
stances the officer felt it his duty to drain hi u,
bring him before the Sitting Magistrate.-01 be
questioned by the Alderman as to what he hal&
with the child ? he said the boy walked with !tin.
Wednesday morning down. to Barking, stlere
both wenron board the Mercury smut, Cap;il
mas Carter, and remained there till the mewl;
that he (the prisoner) left the vessel to go on in
another to sleep, at which time the child sirs •
in the cabin of the Mercury, and the Captain al,,
him to leave it there, as the smack was coming
to Iliad:wall the next morning, from whence
thought the boy could find his way home. Ile tit
on board a vessel, and walked home yesterdaT
fling, when he was met by the mother, and given i
to custody, as before related. The Nlagistrarethultzi
his conduct rather mystet ions, more
Rd denied all knowledge respocting the child.
therefore directed dint the prisoner should be t
mined in custody until the truth of his story was
retained ; and io the mean time ordered irr.media:
inquiry to be made after the Mercury, at 81ack....;,

MAXI/OX-110425r.----AOTC:2CLIAII TO SOME ittriu...t.—
ward beadle, named Weis, waited up'a the Loan .% %—t
terdiy, tO Mate a circumstance that kW jail occurred et r.tt,
a singular nature :

Adispute, it appeared, bad taken place at a publk.hoow
the city, between three prisons, Omit a redo:ling which b
been incurred in consequence oral eastment. The unbodyi,
of soldieis struck the landlord a. an extraordinary tlir• at such
time, and he sent for the ward beadle, who, upon h*esr:ss ed
case, desired an officer to follow the disputants. One du
persons conducted the other ter., to the ship Persereranc:,l;*
in the rivor, near Elephant-street, nothethithe, aid beard
South America.. The moment the two, who is vibe in r
measure under the ittithority cf the third, get so bird,
attendant showed a ticket to a sentinel who march: d ap
down the decks, and they were sin down " below." Ths.
meat they disappeared the hatches were thrown over them,
there they remained without the chance of returning, if apps:
ances were to be credited. The officer who watched w
common proceeding immediate!), demanded the reason
mods of security was adopted, and was answered by die tread
that the two men had valued voluntarily, and ws:e `and'
South A tnerica.

Welorthlayor—Did the men complain of the mmlst?
Odker—NO, my Lord, they had no opportunity--thr hitt
were closed suddenly nn them. I observed a person ir0m13.11,4
raise up his head and ask the sentinel for a hsdle to V. WI
water. This was refused by she sentinel, who :aid, he run
tend to his orders, and stopped all expostuLanm 137
down the hatches.

The Loan Tibroz—Were many on board in a only lb
tion cannot tell, but I have reason to sappot ie.
The LORD MAYOR-4 should be extremely glad to Co r
thing in my power en such an occasion, but cannot RI 111
manner I can act, except the parties were present. Br r)
where the mep enlisted?-officer—By some
it was said, but I cannot tell his name.
_ _

The Ward-Beadle--I merely applied to your Lordship, for I
thought it a very strange case that men should be taken out at
the kingdom in this manner.
The LOAN Maros—Yon were perfectly right in stating tome
any thing that had the appearance of unfairness exercised within
my juriftliction. There appears, however, to be no compalsto
in this case, and if my unfortunate countr•men will altos th‘m-
selves to be trepanned, I cannot help it. We all know that num-
bers of men are every day going to South Ameticaupon this
Iltary speculation. Bet tell me in what state the men were, 2,
to their command over themselves? . .

06cer—Tbe two soldiers were very much intozicated indeed.
The Loan MAvot —Oh, that is a point indeed, and will f;r-
nisti an opportunity of investigating the case. I shall not
be wanting in my duty.
Officer—One of the men said, that if he did rot go out of th.
coantry of his own accord, he certainly should be either barged

. . .
or transported.
The 1.01111 Masoa immediately directed Mr. Rattner, the
City Marshal, to take the necessary steps for ascertains the a.-
thority upon which this grange proceeding was :ounded.

BIRTH.
,•
Saturday at MRliken, the Lady of Sir William Milliken
er, of Napier, Bart. of a son.

MARRIED.
At the British Ambassador's, at Paris, on the 31st of Grub.
James G. Fliington, Esq. late Surgeon of his Nfajest.'s Zc
Regiment, to Louisa Bailey, youngest daughter of the I.te C
!sin Bailey, of NorthenharMouse, Exeter.

DIED.
At Edinburgh, on the 22d ultimo, Mr. Mathew fortune, of
the Tontine.
At Barr-house, Argyllshire, the 25d ult. Miss Sophia Catn,-
bell only .daughter of Colonel Jlacalinee of Barr.
At Calcutta, in May last, Mr. Alex. Cassels, late of the lios
East India Company's service.
At Portland, in the United States of America, sudeenly, brie
the middle of September, Andrew 'Scott, Esq. a native cf
Y is
ley. He had rectally arrived at New York from a voyaie to Si
East Indies, and while on a visit to his family, the very
of his reaching borne, be lost his life by a aback of the OP'.

PRICE OF STOCKS YESTERDAY.
Rank Stock 2701 270 India Stack 2321
Reduced 77i 77 761 India Bonds 82 pr.
Cuns.7B 77111; ' Exch. Bills 19 20
Si per Ct. 86/ 86 Omn.
4 per Ct. 951- 951 Cons. for Account 7"t
Navy 108H1 77114.
I.g. Ans. 201 1-16 Lottery 1 ickets €l9 184.

01611 WATER at. LONDON BRIDGE TO-MORROW.
Mataing - . 3 minutes after 3
Aftentoon - 14 ---•-• --- 3
----.

LOND riintod avd pultlislied by Lz% KILN r,
Ttaridc•l;Ar.

„Sulgbolfo'eartithlirtattt
himself as a
charteddt havin
he mothe;
bourer.
Linib-strert , rt ,
edneui y ,
a
ter little hov:
the neie,i
woman,
'ollected h •
n compam, .
tlrc a;
{lathy 14 tLel
'ly made at t
ot teen e..cte
rally came h
trance, not c
adfand mother
ul to he
'arch sea;
t till ten,.
; rhe inne • ..
:aged him t
t affected .
till; but r 7. •
lie had roc
V
.ri•
dicer, he e
rr these chc.
drain hi u,
rate.-0 heir
•hat he hat I,
led with .'ica
dug., tlece
mcl-, Cap .1,
the eveing •
to go no b
child tut '
Captair. •.
Wel coming r
rom whchce '
tome. Ile •
yesterday
Dr, and given i
trc.istree the.. 1•
-7
eTecially at
the child. II
r should he c
his story Iris r
iered trr.media
ry, at Plack74.l
viz AuctuzA..-.
LORD .%
: occurred ef
It a pub!k-bouse
rkosing which ha
at. Ilse tmbydyi
'nary thin',* at such
e, upon bcashig t
amt. One of
Persereranc:, kir
the, and beand
as tube is sex:
got se bsard, their
o surch:d Dp ar•
below.” Thu
urn over them, and
etuming, it appes:
ho watched alio un.
the moon ovh a
end by the tertiod,
, and sve:c gang to
of the restrjcs?
rt batches
. person from bd.rz
Ladle to get some
Ito :aid, ho roc» t.t.
tulatioa by l: :g
1 in a slimly sam-
ason to mire so.
ly glad to Co trey
cannot art m las
resent. BY rim
Colonel or Cap