Star.
London, England, 1829-05-23 00:00:00

THE ARMY.

The 87th Tieilment,of Foot, the head-quarters of which have
' been for some time In the barracks at S•ockport, lett 'bete un
Wednesday for Chester.
The Southern Itrgiment of Yorkshire Cavalry, tinder the com-
mand of Lord • WAmicLerre., is ordered to assemble at Doncaster
next week. •

Thur.day the Nottinghamshire Cavalry. tinder the command of
Lieutenant-Colonel Wtuatuctuar, asscirabkd at Novingham for
training and exeret.e.

NAVAL IN fhLLAGENCE.
AtILITILD Tuts Daiv—Dublin I—Waterford 1.
By advice. from New York, a piratical schooner bail been taken
off the Colorados by a Spanish vessel of war, and carried into Ha-
vannah on the 3d ultimo. One of the crew stated, that during the
last cruise they had murdered no less than 115 individuals.* The
following flags, belonging to vessels she had captured, were found
on board : one large flag with English union, and the word Licoeia
in large letters, white field, red border; one English red ensign;
one English merchant jack; one large blue flag, with No. 9 in
white figure; sis small flags, made of blue and white cotton; one -
American ensign, and two pennants; and one large ensign, Genoa.
DEAL, MAT 21—Wind N. E. by N.—Passed, from London, the
Sr William Scott, Brown, for Quebec; Julia, for Cal. s ;
John Barry, Davidson. tut Quebec; and James Daly. for
Jamaica. Arrived arid sailed for the River the Jane Locktia,r,
Johnston, from Dominica; and Exporter, from the Cape of
Good Hope.
Dome, MAT 22.—Arrived the Waterloo, ---, from Jamaica ;
and Caroline, from Lisbon.

Bairroc, MAY 22.—Arrived the Hope, Wilson, frem 13arba-
does ; Ann and Mary, Fester, from Marseilles. •
PORTSMOUTH, MAY 2g.—Squally.-.-Arrived his Majesty's ship
Fbilomel, from the Mediterranean. Off port the Prince
Richards, from the Mauritius.

PLYMOUTH, MAT Yl.—Arrived the Lady Emma, from Lisbon ;
Helme, Astorp, front Leghorn ; Ann and Mary, Ball, from 1). me.
ran ; and New Eagk, from Sierra Leone.
FALMOUTH, MAY 111.—Wind variable.—Off port the Planet,
Brown, from Smyrna. Arrived the Patra, Mai tin. tram Barletta;
Columbia, Ford, from Gergenti: Albion, Cultitt, from Trieste.
DA ATMOUTU, MAT 21.—Arrived the Fly, Etg, from Figuirira.
Off port the Perseverance, -so—, from Rio Janeiro.
Ltvaavoot, :tiny 21.—Arrived the William Wise. Winder, from
Buenos Ayres; and Unicorn, Maxwell, from Savannah.
HOLYHEAD, Mar Ht.—Arrived the Zane, Little, from Cepha-
lonia.

LEITH, MAT 19.—Anived the Thurntoos, Byers, from Oporto;
Ranger, Beveridge; from Lisbon.

STATE OFSPITALFIELDS. •

It was much' apprehended, on Thursday night, that
on the return of the journeymen silk weavers horn their
Meeting at Temple Mills, in Essex, to Bethnal•grcen,
they would, in consequence of the Magistrates' inter-
ference, and the excitation which they had exhibited on
that and on the previous day, resort to those destructive
practices which have lately been noticed. We are
happy, however, to say that such were not resorted to,
and, by the judicious arrangements and prudent advice
of the delegates, the vast assemblage separated, after
walking into town in a body quietly. •
Yesterday morning, in fulfilment of a Resolution
passed on the preceding evening, namely, " that the
works of those masters who refused tio give within ten
per cent. of the book prices of
.1824 should be forth-
with staled up," the weavers were to be seen in gri ups
through the uistrict, preparing their tape and•wsx"ior
their intended operations.
In tl.e course of the day not less than five masters
sent nt.t•ces ofitheir willingness to accede to the terms
of the men, and that they were also willing to give an
undertaking in writing to that• effect; and further, that
" the turners on" should have a printed ticket, st-sting
that the increased piicetwere allowed, and which ticket
.was to be affixed to the end of each pole. •
Although only five of the masters have sent in their
concession so the terms, yet it would be impovih•e ro
describe the enthusiasm with which it was received in th.: district,
and this M. 14 further enhanced in consequ,-nce of the respectable
house of W: Wilson, of Steward street; haying sent for upwards of
eighty of its journeymen, to give them out fresh materials.

THE DREADFULFriting-LONDOy ROAD,
SOUTH WA itK.

LATEST PARTICULAR& • •
During the Avlr.ile of •yeste, day the firemen belong.
iog to the different offices, were unientitting. itt-thsir
esertions to discover the bodies .nt the unfort,inate in.;t•
viduals who perished, in the flames. As far as we can
Ascertain, there are six I ersous missing. Tie names If
those found in the ruins, and now at the win Ich• use, ate
Mr.. Matilda Gregory. aged, 28, whf.se hus'saild is. at
present a prisoner in the .King's Bench, and a female
child about three months n. 14 ; MicsEliza Bobbinetraged
.19. sister to, Mr-. Pick;. Mary Ann Cinch, aged date
years, the daughter ut Mrs. Pick by a former husband;
the remaining body it is almost impossible to itr-entify,
.as it is nearly butts( to a cinder, but it must claws he the
'body of Mrs. PiCk or an aporentice lad, about sixteen
years of age. named John Field. It is, however, sup-
p,!sed so be the remains of Mrs. Pick; and the appren-
tice is still supposed to be in the ruins. Mr. Pck,
who made his escape from the house. is •at present. at
a friend's, in Blackfriates-road, in a state of mind im-
possible to describe, and unable to give a rational an-
swer.such an eff.ct has this dreadful calamity had upon
his wind. Mr. Gregory is also in a state of the most
poignant ertesoal agony ;.fortunately he had one of his
ebildren'wish him. in the Benchat the time of the ere.d-
f.lcailiskicy, 14 the atteroonn of yesterday he wa, al-
*wed, 16 visit the remains of his wife and reicivr ar the
lkh pooou,e, and, with great.rlifficulty recognistlf (hem.
Mr. Pick's tuAssevstock, rand furniture, are •insure..—
the stoJc mut furniture for 544 in the Hand-i -It nd
Office, and. the house for 5001. in the Sun. Office. • Is
doro.ner!s.lnqitose has *semi summoned, and seth be he d
day at Sr. Gesorictrk Watkhouse, on the•five bodes
above-mentioried. 1%., • • ..tf . .
'Prince LEOPOLD left NIA tt: yeEteiday, fte. h't seat at
Claremont. ••& • .sthtt
ien.
' The Earl .of •Allaasten. 'ecount MetLe; an.:Mr. Secretary Pin, visited the of Wirs.usstvii yesterday
*the Treasury. . •It
a.c'.es were Sent off list e •ening from tire Foi
reign (Mee, Downing stteetfOr Sir CHARLES Bacot, our Ambas,
*Odor at the Hague.; awl she for Lord SITAR! as itoriasar, our
iliabasci.dor at Pails.

The acccionti received in town yesterday of the state
of the blarquis of Asascoan's health *ere of a more fatourable
nature. Numerous Nobility left their cards of inquiry in the course
of the day at Argyll House.
The MAsratt of the ROLLS is so far recovered as to
take an airing every day in his carriage.
'the Duke of DtvoNstithag4ve another grand fete at
Devonshire House last night, which was numerously attended.
A Meeting of the Society for Promoting the Re-
ligious Principles of the Reformation was held yesterday morning
in the large room of the Freemaions Hall, which was complere:y
filled by a highly respectable company of both se;ei. Vieroutot-
-I.ItMLIIIVILLZ was in the Chair, and a number of eloquent speeches
were delivered relative to the proceedings and objects of tilts 84-cte ty.
INAF AND DUMB ASYLUM.—Yesterday the Minitel.,
sary Of this 'lnstitution was celebrated 'at the' City •of linden
Tavern. His Royal Highness the,Duke of Gtoecasvau. Patron.
in the Chair, supported by Sir C. S. Hunter,. A'd.rnun; Sir
William Ashburnham ; C. N. Palimer. Esq. bI.P. W. Manning,
Esq. N. P. Dr. Hirkbeck, and several other Gentlemen of con-
sideration.. Alter the usual toasts and speeches, the Tieaetuer in.
formed the company (about two hundred) that originally the •M-
-odulate° was only able. to accommodate about for y individuals;
it had now under its roof, upwards of two hundred—(Applaose),
A list of subscriptions was then read, which anr.unted to nearly
5001. A number of thit.deaf and dumb were neat introduced, (broil
of whom delivered &very sensible 'address, composed° bP one of
them. The healthy looks of the children reflect great credit *pot
the managers of the Institution. )lears. Lanz. Tussarsa, Mara.
Iburst,dtc. sang some very agreeable songs during the evening.—. At
about eleven o'clock the Royal Chairman tithe., followed by the
/ice-Presidents.

J

LAW 7,

T.rdENCE:

U.
COURT OF KING'S BENCH, Wansanwsva, NAT
Sittings in Banco.
NEAPOLITAN LOA NROTHSCHILD V. H INNING&
The Court gave jitdgment to-day upon the impor-
tant question involved in this case, which was brought
before them by a writ of error; for the purpose of
having the decision of the Court of Common Pleas re-
versed.lt will be recollected that it was an action brought
by Mr. Hennings against Mr. Rothschild, the plaintiff
in error, to recover back deposits paid on some Neapo-
litan bonds, part of a loan for which Mr. Rothschild
was the contractor. The Jury returned a verdict for
Mr. Hennings, and the Court of Common Pleas, sitting
in banco, afterwards refused to disturb that verdict. Mr.
Rothschild then brought the case before the Court of
King's Bench where it was argued at considerable length.
Lord TENTERDEN, gifting judgment to-day, said
that it would be unnecessary for him to state at length
the reasons which induced the Court to reverse the de.
cision of the Court of Common Pleas, as the case
came entirely within the rule laid down by Sir
John Leach, in Dee v. Rothschild. reported in 1
Simon and Stewart, page 509. It was there
down, that as the plaintiff had himself. in the fir
instance, violated his contract with Mr. Rothschild, he
had no right to require, consequently. either that Mr.
Rothschild should return the deposits or specifically
perform the contract. That case was exactly similar
to the present.—Judgment of the Court below reversed.
GRIMLY., LIG. V. ATKINS AND /NOTRE&
The question in this case came before the Court upon
a special case, after a verdict in favour of the defendant.,
The plaintiff, Mr. Charles Greville, who was Colonial
Secretary of the island of Tobago, bad, in the year 1822,
birgained with a Gentleman of the name of Thomas
Bateman Manning for the sale so. him of the deputa-
tion of his ( the plaintiff's) office; and a bond was
executed by Mr. Manning, in consideration of such
sale, conditioned for the payment to the plaintiff of
4501 per annum. by half yearly instalments, on the
lit of February and the Ist of August in each year.
By the recital in the condition of the bond, it ap-
peared that the agreement between the parties was,
that the 4501. should be paid out of the fees and
emoluments of the office; but the reservation of that
annual sum in the condition of the bond was gene-
ral ; and the question now was. whether or not the
bond was void under the Act of the 49th Geo.
C. 126 ? The action was brought against the defendants
as the executors of Mr. Manning ; and at the trial parole
evidence was given to show that the real understanding
between the parties at the time the contract for the salt
of the deputation was entered into was, that the annual
sum of '4501. should be payable absolutely, notwith-
standing the recital in the bond that it was to be payable
oat of the fees and emoluments of the office.
Mr. PLATT, for the plaintiff, now argued that the
bond was valid. The question. he observed, turned
upon the construction of the Acts of the Sth and 6th
of Edward VI. e. 16, and the 49th Geo. 111. c. 126. By
the second section of the first of those Acts it uas
enacted, " that if any person should bargain or sell any
office, or the deputation of any office, or receive any
money, fee, reward, or other profit. directly or indirectly.
or take any promise, agreement, covetsant, bond, or any
assurance, to receive any money, lee. reward, or other.
profit, directly or indirectly, for any office, or the depute-
tints of any office, or to the intent that any person should
have,• xerc ise, or enjoy any office,or the deputation of any
office, which office should in any wise touch or Concern.
. the administration or execution of justice, such person
should not only lose and forfeit all the tight, interest,
and estate which he should have of, in, nr to any such
office or deputation, or of, in. or to the gilt or nomina-
tion of such office or deputation, but should also be
adjudged a disabled, person in the,law to have, occupy,
or enjoy such office or deputation; and that all and
every such bargains, sales, promises, bonds, agree-
ments, covenant+, and assurances-should be void." The
other Act. that of the 49th George 111. c. 126. ex-
tended the provisions of the Act of Edward VI. to
all offices in the gift of the Crown, or appointed by
the Clown, and all commissions civil. naval, or mili-
tary. + By the special case it was found that the
office in question was an office in the gift of the Crown,
but that it was not an office " touching or concerning
the administration or execution of justice." It was,
however, now to be contended on the part of the de-
fendants, that the bond was void, as being a sale of the
deputation, or as containing an illegal reservation of the
profits. He (Mr. Platt) however, should submit that
the recital of the bond showed that the agreement be-
tween the parties was sot for the payment of a sum
certain, but for payment of an annual sum out of the,
fees and emoluments of the office. The plaintiff bad
the power, by the terms of his appointment to the
situation of Colonial Secretary, to appoint a deputy ;
and the tenth section of the 49th of . George 111.
cap. 126, expressly provided "that nothing therein
contained should extend to the making void of any
• deputation to an office in any case in which it was law.
fel to appoint a deputy, or of any agreement, contract,
bond, or assurance lawfully made in respect of any
allowance, salary, or payment made, or agreed to be
made, by or to the principal or deputy respectively. out
of the fees or profits of such office." It was true, that
by the evidence given at the trial it appeared that the
intention of the parties was to reserve the payment of
an annual sum certain; but be (the Learned Counsel)
cottltended that the agreemepT, whatever it might have
been, was consummated by the bond, and that the terms
of that agreement could hot be controlled by any facts
given in evidence by parole on the trial.
The Couar said, he Reed not be troubled. Looking
at the bobil itself, there seemed to be ample ground to
believe that the recital in the bond, that tie annual sum
was to be paid. out of the fees and emoluments of the
office, yks not in accordance with the real intention of
the patties. but was a mere colour to a transaction which
was in its nature illegal. The defendants contended
that the real bargain was to make the 4501. payable at
all events; and by the condition of the bond the instal-
lments were to be paid half yearly, in 4"ebruary and
Atigust. at the banking house of Mews. Ikerrip,
Farquhar. and Co. so that the instalments would be-
come due before the fees and emoluments of the office
could be received. This showed-that it could Dot have
been intended to pay the 4501. out of the profits of the
office. The present casefurnithed an exceptioo to OA
general rule by whicb parole evidence could not be
Osten in explanation of, or in contradictioo to, a writ.
Len. instrument; and here it had been properly lelt to
the Jury, upon the parole testimony adduced at the
trial, to say what the seal nature of the transacting be•
two= the parties was: The Jury bad fotuul that the
original agreement was to pay an annual sum certain
for the deputation of the office, and the condition of the
bond. being elippltne for the payment of the 4.501. the,
csntrt quid not stay. the condition was to be restrained,
b.l". Wital. They, wee therefore of opinion that the
Mind. was toicl4 and that the defendants were entitled to
judemkoptpoo such of the pleas as, alteged that thsi
(414 "lA/Was liak ge.9OC9 14e aiktfg tilte Cteseti?l,
Judgment tor the detendints. 1