Star.
London, England, 1818-01-17 00:00:00

ti3Or INTELLtGENCE4

COURT OF CHANCERY, JANUARY 16.

- - •
EX-PANTE THE RANK, OE ENGLAND IN THR ,NIAXTEE

07 STEPHENS.
This was an application by Sir ARTHUR Pioort,
in behalf of the Governor- and Company of the Bank
of England, on an amended Petition, for an ordet of
the Court to the Commissioners to admit Mr. John
Sparks Cox to vote in the choice of assignees in the
affair of Stephens a Bankrupt. The same applica-
tion had been made on a previous Petition, but axes
refused by the Court, on the ground that a special
and not a general Power of Attorney should have
been given by the Company to their Clerk, Mr. Cox,
to justify the Commissioners in admitting him, as
Agent for the Company, to vote in the choice of As-
signees. In conformity with that principle laid down
by the Court, the Governor and Company had
amended their Petition, having previously made that
instrument special, which was before general, in their
deputing Mr. Cox to act for them in the appoint-
ment of Assignees.
To the application thus made on the amended
Petition by Sir Arthur Pigott, Mr. MosirActm, who*
was Counsel for the petitioning creditor, had no

obtion.
The LORD CIiANCELIFOR said he could not, as the
case stood, make a general order, but that a decla-
ration by recital might be made which would an-
swer the object of the Petition.
To this Sir ARTHUR PIGOTT assented, and the
declaration, by way of ilscital, was ordered.

COURT OF KING'S BENCH, JANUARY t 6.

MIST U.. SIR WILLIAM RAWLINS, AS CHAIRMAN OF
THE EAGLE INSURANCE COMPANY.

This was an action brought by Mr. Mist, the pro-
prietor of the late Metropolitan Baiaar, in Fleet-
street, against the Eagle Insurance Company, to re-
cover the value of property destioyed by the fire on
the 23d of May, 1817. The defendants pleaded se-
veral plc t, among which were, that they were not
liable, inasmuch as the defenlant was at. that time
a Bankrupt, but which plea was subsequently aban-
doned; and also, that the plaintiff had himself caused
the house to be set on firs. On this last plea the
defendants appeared to rest their principal grounds
of defence. _ .

11fr:fo; Ptam stated the case of the plaintiff, as one
of peculiar hardship. His client had met with mis-
fortunes in life, but that, in the opinion of the de-
fendants, was not sufficient, for, by their resistance,
to his just demands, they imputed to him a criminal
act which would make his life a forfeit to the offend-
ed laws of his country. With property, as he should
prove, of infinitely greater value than the sum he i
now sought to recover, and with no earthly motive
for committing such an act, he had been upheld to
the world as a person guilty of one of the most fla-
grant crimes which could stain humanity, whether
as connected with its immediate consequences or its
probable results. The evidence which he should have
to adduce would prove most clearly that the plaintiff
was most completely innocent of the foul crime laid
tolls charge ; and he was satisfied that no Insunince
Office in London, except that of which the defen-
dants were the Directors, would have resisted for a
moment so well-founded a claim. When the fire
happened, the plaintiff came forward in themost
open manner, and such was the estimation in which
he was held, that the Certificate required by the terms
of the Insurance, was instantly signed by the Mini-
ster, Churchwardens, and between 20 and 30 of the
most respectable inhabitants of the parish in which
the premises were situated. The evidence would
shew how Mr. Mist was employed during that day,
and would also prove, that on the very morning of
the fire, he had a well-founded expectation of cfis-
posing of his property to his satisfaction ; or at least
to an amount as advantageous to himself as the sum
which he now sought to recover.
Polley, Jawnan to Mr. Mist, was employ-
edGtoe°trAee an account of his stock ; great part of the
stock had been sold by auction at different periods;
the last sale was in the spring of the year 1817 ; after
that witness had taken an account of the remaining
stock. Mr. Davenport was coming backwards and
forwards at the time, he being in treaty for the stock
and fixtures. The remaining stock was about 1300/.
consisting of earthen-ware, china; glass, and earthen-
ware figures, but exclusive of looking-glasses.. The
Bazaar was fitted up in the early part of 1816, and
opened in July. Fixtures, such as counters, drawers,
shelves, were then fitted up. A person of the name
of Boyd did the work. Mr. Leverton was not ern.;
ployed upon that occasion, but there were articles
remaining which Mr. Leverton had formerly put up..
There were two very large stoves erected in the eels;
lar, for the purpose of warming the house with hos
air ; there were other stoves, but not for that pur-
pose. The ground, first, and second floors had beet'
fitted up in the same way • there were several look.
ing-glasses remaining at the time of the fire, a.. •
the value of 5001. ; there were six very large platea,
besides smaller ones : there was a patent writing-
desk, and a very large crane, as well as a
many small articles ; witness had a key of. the . •
door, with the knowledge of Mr. Mist : Mr. Leach,
clerk to Mr. Mist, had a key latterly of the. back
door; Mr. Mist had the other key of the front door;
Smith the porter bad also a key of the side dooia
Mr. Mist was often in the practice of going there;
he lived at No. 13, Gate-street, Lincoln's Inn-fields;
he never had lived in Fleet-street ; witness was in the
house about twelve o'clock the day of the fire, viz..
Friday, the '23d of May ; Mr. Mist used constantly th
go to his room in the third floor next Salisbury
court ; there were garrets above ; his books and
papers were there ; there was a closet on the left
hand, just before he entered the room ; in that room
there was a hand-basin, ewer, and some transparen-
cies, also a box with coals and shavings, put in the
closet for the convenience of lighting the fire when
the porter was not there ; there was no aperture to
the closet but the door.
Op his cross-examination by Mr. SCA nr,rrr, wit-
nesslaid he had been examined by Mr. Beetham the
day after the fire ; had no recollection of saying that
the looking-glassesu were included in the estimate of
12001. ; Mr. am took his account dawn in writ-
ing ; witness then said that the looking-glasses were
worth about 5001. witness had been eleven years
with Mr. Mist, who was formerly a partner with Mr.
Abbott ; Mr. Mist failed in 1814, and formed the
Bal.aar in 1816 ; previous to that there bad been two
salts of the stock ; a great many articks were bought