Star.
London, England, 1826-11-23 00:00:00

VICE CHANCELLOR'S COURT, Novaassil sit.

TIM COLOINIAII 1111411M311111312 IP. 1011111C111111" 111101[1114 MMUS.
The pleadings in this case were opened on a former
day. It was a bill filed against the surviving partners
.ol the house of Goldschmidt and Co. and against Mr.
Rothschild and the other four inspecting trustees of the
affairs of that house. The bill set forth that in April,
1824, certain representatives of the Colombian Govern-
ment, entered into an agreerrient with the house of
Goldschmidt and Co. for raising a loan to the amount
of four million seven hundred and fifty thousand pounds.
According to the terms of this contract, the Colombian
Government were, for every eighty-five pounds ad-
vanced them to give a boost for one hundred pounds,
bearing six per cent. interest, so that in fact interest at
the rate of eight per cent. was to be paid on the money
actually advanced. It was agreed. on the part of the!
Government that the revenues of the State, and parti-
cularly that on tobacco, should be pledged for the re-
payment of the loan, and deeds of mottgage to that
effect were executed at Hamburgh in May 1824. The
house of Goldschmidt were to be agents for the ma-
nagement of the loan, they were to receive the instal.
ments of it, to retain out of them sufficient to pay the
dividends, and also to form a sinking fund for the final
redemption of the loan. The bill now filed prayed an
account of all the sums received by the house of Gold-
.schmidt on account of the loan ; likewise of all sums
paid, laid out, or expended on the same account, so that
if a balance appeared to be in favour of the plaintiffs it
might be paid to them. To this bill defendants demurred.
Mr. PEMBERTON now appeared on the part of the
surviving partners. The Learned Gentleman, among
many other objections to the bill, urged, that at the time
of the contract there was no such Government retogi
nised by this country as the Colombian ; and although
it might be insisted on the other side, that at the time
of the ratification of the contract, the Colombian Go-
vernment was recognised by us, still it would appear,
from the plaintiff's own admission, that they had intro-
duced into the contract certain alterations which it did
not appear were contemplated by the contracting parties
in this country, so that in fact it was not the same con-
tract by which the defendants had bound themselves;
if, indeed, they could be considered as ever bound to a
Government that did not exist. Another objection was,
that even supposing there was no question as to the
political existence of that Government, still there was
no instance on record in which a suvereign statehad been
allowed to sue in a Court of Equity. It was well known
that the Court could recognise no parties to a snit,
unless it possessed the means of enforcing its decrees
against them. True it was, that they might sue at
law ; but in Courts of Law there was no such,
thing as a cross Equity; and a plaintiff in a Court
of Equity was pledged to pay to the defendants any
balance which might appear against him (the plaintiff ).
Should there appear a balance against the plaintiffs in
the present instance, how, he asked, could the Com t
inforce the payment ? The Learned Gentleman insisted
that the contract, if valid in any other respect, must fail,
inasmuch as it violated the Statute of Usury. True it
war, that the original agreement between the Represen-
tatives of the Colombian Government and the house of
Goldschmidt bad been entered into at Calais, and that
the deeds in int therance of that contract were executed
at Hambutgh ; but this the Learned Gentleman con-
tended to be a mere contrivance to elude the operation
of the Statute. The contract was with English mer-
chants—the money to be raised in pursuance of that
contract was to be obtained in England—the dividends
on the loan were to be paid in England; so that, from
beginning to end, the transaction was essentially Eng-
lish. Would the Court then, seeing that eight per cent.
must be paid on the money advanced, allow the con-
trivance resorted to in the present instance to succeed,
namely, having the documents executed out of the
kingdom ? On the part of Messrs. Rothschild and the
other ti ustees, the Learned Gentleman insisted, that as
the plaintiffs did not seek the benefit of the trust, they
bad no right to call upon these Gentlemen to answer.
The Armoire GUM' followed on the same side.
Mr. Summar replied at considerable length for the
plaintiffs, to the objections advanced on the other side,
and contended, that although the defendants were not
liable to the Colombian Government, they were stiller,
sponsible to Mr. Hutted*, who was a party to the con-
tract in his individual capacity, and not as representative
of the Government. With him the house of Goldschmidt
had all through managed their affairs with the Colom-
bian Government, not only as regarded the Loan, but
all other transactions. The Learned Gentleman con-
cluded his address, by expressing his hope that the Court
by its decision, would prevent the lamentable conse-
quences which must result to many persons from the
defeat of his clients. lithe Colombian Government did
not not receive that part of the Loan, and so large a
portion of it too, namely, half a million, how was it to
be expected that they could pay the dividends on it?
The VICE CHANCELLOR said, that it was necessary for
the purposes of justice that the Court should see all the
parties before it. The present bill did not set forth who
formed the Cuiumbi in Government—how then was he to
act, if called on to decide in a cross equity bill ? Every
civilized Government had certain individuals by whom
it was knoWn, and in whose name it sued. Here
there was no description of persons; it was impossible
thatjustice could be administered if the Court did not
know who the parties were; the demurrer must there-
fore be allowed. His HONOUR was of opinion, that a
new bill might be filed if the mats meant to pro-
ceed again. •
is answer to as observation hoss Mr. R. GO* ft Mom
add, that to his "Mk% Mr. Hoy* could nit anti *,
Mr. It. GRANT observed, that the description of the
parties as gibes in the bill, was the same as set forth in

the contract, and in treaty with the Colombian Go-,
vernment.

Mr. Puritimpoic In order that his clients might be
set right with' he public, wished it to be known, that]
instead of being in debt to the Colombian Government,
they had a balance of half a snillioa as doe to them
from that State. '

COURT OF KING'S BENCH, Novastsza
flu being Crown Piper Day, the Court beard arguments is
aim of Parochial fiettlatnent. At one o'clock the Lord Cbief
Andes went to Guildhall, London, and sat at Nisi hits to uy
undefeaded causes. _ _ _

helm left the Court, Mr. Jude, BITIZT
intimated that the Judges, if possible, would pt rid of some of the.
arreatri new trials to-morrow.

COURT OF COMMON PLIAS, Nov. it.

swum tr. maw
This orison action brought by the firm of Sir John
Perring, Bart. Barba, • and Shaw, bankers, against
Robert Hone, one of the Directors of the late Imperial
Distillery Company. The action, which was brought
for the recovery of the amount of a promissory note for
1,0001. :cage on to be tried, before the Lord Chief
IJustice, at the last Sittings in Guildhall. The facts of
the case were briefly these:—About the beginning of
the year 1825, several persons, among whom was the
present plaintiff,.entered into an agreement for the for-
mation of a new Company, under the name of the
" Imperial Distillery Company." In the " scrip" of
this Company, Sir John Perring was the holder of forty
shares, which were sold out by his direition on the 26th
I March, 1825. It appears that the Directors of the
Company applied to the house of Sir John Perring and
Co. for the loan of 4,0001. to carry on, or commence,
the distilling. The money was lent upon a joint and
rseveral promissory note of the Directors. It was sub.
sequently agreed that this original note should be can-
celled upon the Directors giving a joint promissory note
for one thousand pounds. This note was signed by the
present defendant, in his capacity as Director of the lm-.
Iperial Distillery-Company. After the signing of the
note by Hone, its form was altered without his consent,
or any authority from him, and the note, with the inter.
lining, made the parties liable severally as well as jointly.
At the trial at Nisi Prins, the Chief Justice directed that
the plaintiff should be nonsuited, on the ground of his
having procured an alteration in the nature of the
security, without consent of the defendant. Mr. Ser.
geant Taddy had obtained a rule to show cause why
the nonsuit should not be set aside, and the question
I came on to-day to be argued before the Court in banco.
Mr. Sergeant Wilde sheaved cause against the rule.—
The Learned Sergeant contended, that the money having
been advanced by Sir John Perring on account of a
partneiship existing between himself and Hone, and
other persons, it was impossible that Sir. John Perring
could recover against his own partner. He used various
arguments to prove that Sir John Pening must be con.l
sidered in law, to all intents and purposes, as the part-
ner of Hone, and adverted to the 149th section of thel
deed of Settlement, by which it is provided, that any
parry wishing to sell out his shares, must give noticed
such intention, as well as of the name of thoperchaserl!
two days before the sale takes place, such notice to be
left with the Secretary, at the office of the Company,
As such notice of sale had not been given, and there Was
no evidence whatever which could remove the liability
to which Sir John Petting had rendered himself subject,
as an original subscriber and holder of 'shares, th 4
Learned Sergeant contended, that the plaintiff could not
maintain an action against defendant, his partner.

Mr. Sergeant TADDY, in support of the rule, said, that
his Learned Brother (Wilde) was upon the horns of a
dilemma, from which even his agility and dexterity'
would hardly release him. Either the parties in this
cause were partners, 9; they were not. If they 'were
partners, the alteratiorrmade in the note having been
made by authority of Sir John Perring, was made by
an authority which osuld bind the defendant; as one
partner may perform an act binding urn his co-part-
ners. if there was no partnership, the plaintiff must
recover the amount of the note, as money had and
received. The Learned Gentleman argued at great
length in support of these positions.
The Critics Justice was decidedly of opinion that the
'alteration made in the promissory rote destroyed the
legal wtlidity of that instrument. it was said that the
change had been made by a 'partner of the subscriber,
'and was, therefore, binding on the latter. This would
be true of a partnership act, but of no other. The next
question was, whether the amount of the note could be
recovered as money had and received ? His Lordship
was decidedly of opinion that it could not. S r John
Perring was unquestionably a partner in this concern.,
He had advanced money to the fund in the hope of profit
from the transaction, and was equally liable to any
clainfs upon the Company, as it he had signed and set
his seal to the deed. His Lordship hoped that the
decision in this cause would make respectable men more
cautious how they lent their names to speculations of
this kind, by which many hoilest people had been de-
luded and ruined. His Lordship was, therefore, of
opinion, in which opinion Mr. Justice Gazelee concurred,
that the rule should be discharged. _ _ _

Mr. Justice Runt and Mr. Justiceßusaouon, who had left the
Court a short date before the delivery of judgment, had authorised
the Lord Chief Justice t• 'signify their entire agreement' in this
opinion of the other Members of the Court.

Tut TALLIPOT Tazz.—A leaf of this extraordinary,
tree bas lately been brought over from the island of
COW*, iiiwhich place it is a native, and is now in the
peesession of the Rev. Rd: Fletcher, of Hampstead—
The leaf is in a good state of preservation ; it measures
'fully 11 feet in height, 16 feet across its widest spread,
and from 38 to 40 feet in circumference. If expanded
as a canopy, it is sufficient to defend a dinner party of
six from the rays of the sun, and in Ceylon is carried
about by the natives for that purpose.
The tower, and building adjoining it, now being
erected by Mr. &warm) on Lansdown, the com-
mencement of which we noticed a few weeks since, has
already attained great forwardness. The tower from
the foundation is nearly 70 feet high ; but is, in conse-
quence of the setting in of the frosts, now covered over
with a temporary roof, and no further progress will be
made until the Spring. A considerable number of hands
are still occupied on the other part of the building.
Tim Tostsr.za--liish for a large drinking glass—
supposed to be derived from the effect wrought by its
usual contents upon those who patronize it—that ise
tumbling them of their chairs.
Ruanza.—lt was the custom in this country for many
ages to strew the floor with rushes. as we now cover
them with carpets.—Literary Chronicle.
This is the anniversary of the massacre of the Danes
in England is 1002 ; and deaths of Archbishop Tina-
son, 1694 ; and Rev. Richard Graves, author of is The
Spiritual Quixotic," &c. 1804.

ROCHDALE,- Nov. SO.

About three o'clock this afternoon the attention of
the inhabitants of the south side of the town was at-
tracted by the sound of a band of music, as if coming
from Lower Place. It was attended by a very large
concourse of people, carrying the effigy of a man sus-
pended from a gallows. The effigy had a paper upon
its breast, on which was printed, in large characters,
" The Oppressor of the Poor." The procession marched
down Drake-street, and baked a considerable time at
the Market-place, in front of the Town Hall, playing all
the time several popular airs, such as " Britons never
dull be slaves," &c. They then proceeded up Black-
water-street, Cheetham-street, and up Yorkshire street,
towards Wardleworth Brow, the numbers greatly aug-
menting as they porceeded. There must have been, on
a moderate calculation, four thousand. Arrived at
Wardleworth Brow, they stopped opposite the house of
a Mr. Charnock, a lannel manufacturer, and there set
fire to the fi;ure they carried, whlch burnt with great
rapidity, amid the deafening shouts of the multitude. I
am happy to state that no violence was committed upon.
any person or property. It is reported that this exhibi-
tion took place in consequence of something that Mr.
Charnock has done or said, tending to lower the wages
of woollen weaves.

As one of the Royal mail-carts was being driven along
the Strand yesterday evening, at the usual furious rate,
the horse, from over-exertion, dropped suddenly, oppo-
site the Colonial Coffee-house, and expired.
The plan for forming a junction between the Weser
and the Rhine is said to be again in contemplation.
Lord Lowther is said to have sold the celebrated horse
Figaro,,last week, for 1,850 guineas.
Count Beningsen died lately in the 82d year of his
age, at his seat, at Bdnteln, where he had resided some
time, in complete retirement. He was quite blind. He
has left a sun, Count Alexander, still very young.
Tuesday evening as F. LAMBERT, Esq. was on his
way to town, from Tonbridge Wells, in his chariot,
coming over Shooter's-hill some villains cut open the
hind rumble, and stole therefrom a trunk, containing,
among other valuables, great part of Mr. L.'s wearing
apparel, although two servants were sitting in the dickey
above. The thieves got clear off with their booty.
SINGULAR DUEL—PARIS SATURDAY EVENING.
The famous dud between the Marquis Livron and M.
Du Trone, took place this day, in the forest of Senart.
The whole affair had the appearance of an act of mad-
men, and resembled more a tournament than a modern
duel. Du 'from, the young Advocate, was habited in
the costume of a Greek Chief; each was mounted on
horseback and had three seconds. The parties were
armed with sabres, and on the onset Livron was dis-
mounted by the concussion of the horses. Both were
slightly wounded, and the seconds then thought proper
Ito interfere. What adds to the singularity of this tour-
nament is, that it took place in the presence of 150
spectators! It is said that the Marquis found great alif-
ficulty in obtaining seconds. This affair will form the
suhiect of the gossips of Paris for weeks to come.
Tuesday, in Whitehall, upon his Majesty returning
from opening the Parliament, and just as the pageant was
passing the Treasury-buildings, the crowd upset a re-
spectable female. According as the penpns who were
fallowing each other came on, they fell upon her, until
she was literally buried beneath a mass of human beings.
She was shortly after taken up, apparently lifeless. A
Medical Gentleman, who happrned to be passing at the
time, blei her, which produced animation, and she was
conveyed to the nearest hospital.
Cusrom-House.—Tuesday morning about ten o'clock;
the workmen employed in repairing the Custom-house,
were engaged in raising a block of stone, intended as a
part of the coping, facing the river, weighing between
three and four tons, seven feet in length, five feet in
breadth, and one foot seven inches in depth, by means
of double and triple blocks and fall. One of the mason's
labourers,-named John M'Donald, was directed to as-
cend with it, to prevent the ropes from getting entan-
gled, anJ had nearly reached the top of the building,
when unfortinatey the fall or rope, from long use, sud-
denly broke'from the immense weight, and it fell to the
ground, burying itself nearly one third in the earth.—
The poor fellow, who had hold of a rope, was for a mo-
ment suspended; but loosing his hold, he fell a depth
of nearly 100 feet, and in his descent struck against se-
veral parts of the scaffolding, and when taken up he
was lifeless. The left side of the body was completely
stowed in, having fallen upon a stone, and being other-
wise dreadfully mutilated.
Yesterday week, as the boat belonging to the Vixen,
revenue stutter, was passing down the river, close along
the shore of the Prince's Dock Parade, Liverpool, one
of the crew perceiving something white lying on the
beach, and supposing it to be a goose. they pulled in to-
wards it, but on landing found it to be a living child;
for which they immediately proceeded to provide proper
care. It was a fine healthy male infant, with no other
covering than a cotton- bed gown and night-cap, and
had been placed—evidently for the purpose of destruc-
tion—between two stones, in a direct line from the steps
at the Seacombe slip, about two yards from the water's
edge, it being low water at the time. It is now thriving
under the care of the Parish Authorities, who have
very properly offered a reward for the discovery of the
inhuman miscreant by whom it was left.
It gives us great pleasure to state, that the bed-quilt
manufacturers and their workmen have agreed upon a
list of prices for weaving, which is to be a standard
regulation for the whole town. This is as it should be.
The men have conducted themselves peaceably, yet
firmly ; and the generality of the masters have acted
throughout this business in the most humane and
honourable manner.—Bolton Chronicle.

CURIOUS Faar.—Yesterday morning a very curious
feat was performed on Blackheath, between two Gentle.
men, bolding high rank in the army, aided by a pony,
not twelve hands high. The wager was for 800 :owe-
reigns; and, owing to the secresy observed by hoth
parties, and those few friends who bad interested bets
upon the occasion, (it being at the early hour of eight
in the morning,) but very few persons were assembled
as spectators. Two lines of stones, of a hundred each,
were placed one yard apart, and to be picked up and
put into a basket at one extremity of the line, by both
Gentlemen, one having the assistance of the pony, to
aid him in accomplishing the feat in less time than the
other could ; but the getting off the pony, it was
thought, would lose more time than his speed would,
compensate for. Bets were offered at three to two, by
those present, against the equestrian. Much, however,
to the surprise of those present, the pony enabled his
rider to deposit the hundred stones in the basket before
his antagonist had picked up eighty. Both parties were
Erey fatigued; and, after taking some refreshment,
itaft town.

POLICE INTELLIGENCE.
SiASTSION-HOUSI

&Mita itorrey, a custom-house officer, was charged With elatimit
assaulting M. Moreau, a French silk mercer. The Fressehnsan h?d,
it seems, been prosecuted for introducing some contraband goad,
some time ago, and after a vain attempt at arrangement with the
defendant Morrey, be petitioned the Board, and had the fine mitt.
gated to 1001. greatly to the indignation saLMOrrey, to whom
'll. Moreau refused to. Ay a bUI of costs, which he did not conceive
himself entitled to pay. Marcy seized a quantity of good,, at
moon, Sewell and Cross, Compton-strectditeib, the Frenchman's
bail,.but they proved tb be British, ant4were returned. In puts
inane, of the same system, he a few days ago, followed the com-
plainant from Cheapside to his house in Old Jewry, forced himself
into his house, after attempting to knock the complainant duo,,'and after tumbling a great quantity of goods about, none of whits,
he dared to seise, Left the place.
Morrey--My Lord, be's a spite again me, because he knows I
hunts him up.
The Loan Mavoa held the ofileer to bail for the assault;
GUILDHALL.

Last week Miry Addington was committed for * year at a lestA
woman, having refused to swear to the father of her illegitimate
child. Tuesday she came up 'again, teady to make the required
deposition, but Sir Joon Panama refused to sign the order
dithation thereon, as soon as he learnt the Overseers had luterfert,',
without having been asked for relief. The parish hAd not been, arj
might never be damnified, and why should it possess a puwer oer,
a man capable of being abused ? Sir Puma Lanais was of a die.
ferent opinion, but the order was refused, and Mary sent bark to
prison, with an understanding that she should be released, if possible,
at an early day.
BOW-STREET.

The driver of the Reading coach, 6815, was charged with fa-
riously driving, so as to endanger the lives of three soldiers, part of
a detachment that were passing across Piccadilly from Hyde Park
Gate. The three soldiers swore positively that the driver drove
through the party, although they called on him to halt —A Gentk,
man, who was on the coach, swore positively that the soldiers came
suddenly across the coach and that they did not speak at all anti
the driver pulled up, which be did as soon as he saw them.
- Mr. Mursouu. said, the law was, that when soldiers on duty
were In possession of the street, their ranks were not to be broken
through. He would decide according to the balance of evidence,
and convict the defendant In 50s. with costs. The defendant gave
notice of appeal.