The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1833-10-04 00:00:00

n-IESENTE ATIS WIT!

• county tinder consideration, the assizes will no doubt be
adjourned from' Lancaster, as the agricultural part of the
county, to Liverpool; as the commercial ; and Manchester, as
the manufacturing portions; and if the same course be pursued
. in Yorkshire and other counties, where the local circumstances
may render it desirable, we see no reason to doubt that every
reasonable complaint against the present administration of
justice will be speedly removed.
" We would suggest, not only to the uuder-sheriffs of counties,
but to the provincial practitioners in general, the expediency
of preparing as accurate a statement as posaible of the several
parts of each county from which the great bulk of actions come
fot trial; and to present memorials in due time for the adjourn-
ment of future assizes to the localities where the parties and
witnesses reside, so that all practicable reduction of expense
may be effected.
" We refer to another article in this number (page 405-6),
in which the expense of trials at the assizes is further ex-
amined; and we invite additional information and suggestions
on these subjects, in order that Parliament, as well as the
Judges and the profession in general, may be put in complete
possession of all the materials requisite to be ascertained before
ariv other extensive alterations are made in our courts of
juslice, and especially before the revival of the Local Courts
project."—Legal Observer.
We have been faftkured with a sight of the first writ
that has been issued for the removal of a cause from the
pleas of the Exchequer for trial in the Sheriff's Court a
Liverpool. After briefly describing the cause of action,
the instrument concludes as follows:
And whereas the defendant, on the 22d day of April last, by
his attorney came into our said court and defended the wrong,
&c., and said that he did not undertake or promise iu manner
an form as the plaintiff hath 'above complained against him,
and of this he 'put himself upon the country, and the 'plaintiff
did the like. And whereas the sum sought to be recovered in
the said plea and endorsed on the writ of summons therein does
not exceed twenty pounds, and it is fitting that the issue above
joined should be tried before you the said Sheriff of Lancashire.
We, theiefore, according to the form of the statute in such case
made and provided, command you that you do summon twelve
free and lawful men of your county duly qualified according to
law, who are in no wise akin to the plaintiff or to the defend-
ant, who shall be sworn truly to try the issue above joined be-
tween the parties aforesaid, and that you proceed to try such
issue accordingly, and when the same shall have been tried in
manner aforesaid, we command you that vou make known to the
.Barons of our said Exchequer what shill have been done by
virtue of this writ, with the finding of the jury hereon indorsed,
on the second day of November next, that judgment may be
given thereupon. Witness," &c. &c.
-

[We hope that it will be found to work well.—ED.
LIVERPOOL STANDARD.)

LAW OF DEBTOR AND CREDITOR.

The following circular has been issued by the London
attorneys:—

" And he it further enacted, that upon all debts or sums, payable a
a certain time or otherwise, the jury on the trial of any issue, or any
inquisition of damages, may, if they shall think fit, allow interest to
the creditor, at a rate not exceeding the current rate of interest, from
the time when such debt or sums certain were payable, if such debt
or sums be payable by virtue of some written instrument at a certain
time; or if payable otherwise, then from the time when demand of
payment shall'have been made in writing, so as such demand shall
give notice to the debtor that interest will be claimed from the date of
such demand until the term of payment, provided that interest shall
be payable in all cases in which it is now payable by law."
"The above is an extract from a recent Act of Parlia-
ment, and the effect of it is as follows:

" If the debt be payable by virtue of a written instru-
ment, then the creditor is entitled to interest from the
time when the debt became due.

" If there be no written instrument, then the creditor
is entitled to interest only from the time of his demanding
payment of the debt in writing, so that in the demand
of payment the creditor apprize the debtor that interest
will be required from that time.
" I think the following form will be sufficient :
" I hereby demand payment of the sum of £ due
from you to me, and I give you notice that I shall claim in-
terest thereon from the date hereof to the time of pay-
ment. Dated the day of , 1833.—Yours, &c.'
" Of course you will take care to have evidence of the
delivery of the notice ; and it is hardly necessary to re-
mind you that the creditor himself must not deliver it."

EDUCATION.
COPY OP TREASURY MINUTE,-DATED AUG. ao.
My Lords read the act of the last session, by which a sum of
£20,000 is granted to his Majesty, to be issued in aid of private
subscriptions for the erection of schools for the education of the
chiltircn of theoorer classes in Great Britain. -
The Chancellor of the Exchequer, feeling it absolutely neces-
sary that certain fixed rules should be laid down by the Trea-
sury for their guidance in this matter, so as to render this sum
most generally useful for the purposes contemplated by the
grant, submits the following arrangements for the consideration
of the Board
:-
1. That no portion of this sum be applied to any purpose
whatever, except for the erection of new school-houses, and that
in the definition of a school-house the residence for masters or
attendants be not included.
2. That no application be entertained unless a sum be raised,
by private contribution, equal at the least to one-half of the
total estimated expenditure.
3. That the amount of private subscription be received, ex-
pended, and accounted for, before any issue of public money for
such school be directed.
4. That no application be complied with unless upon the con-'
sideration of such a report either from the National School
Society, or the British and Foreign School Society, as Shall
satisfy this Board that the case is one deserving of attention,
and there is a reasonable expectation thlt the school may be
permanently supported.
5. That the applicants whose cases are favourably entertained
be required to bind themselves to submit to any audit of their
accounts which this Board may direct, as well as to such periodi-
cal reports respecting the state of their schools and the number
of scholars educated as may be called for.
6. That in considering all applications made to the Board,
a preference be given to such applications as come from large
cities and towns, in which the necessity of assisting in the erec-
tion of schools is most pressing ; and that due inquiries should
also be made before any such application be acceded to, whe-
ther there may not be charitable funds or public and private en-
dowments that might render any further grants inexpedient or
unnecessary.
In these suggestions my Lords concur.

A NORTII-EASTER.

(FROM AN AMEIZICAN PAPKR.)

As we are now threatened with an old-fashioned North East-
ern storm, we give place to the annexed account of a tempest
of that description, which took place during the war of the Ame-
rican Revolution, in Rhode Island. It is written by a vener-
able and valued friend, who bore a part in the scene he de-
scribes, and who writes with as much force and feeling as though
he had just come out of it.
" Tiverton, R. 1., Aug. 5, 1833.
" Dear Brother,—Did you ever see a royal Northeaster, with
his Newfoundland fogs on his wings ? I guess you didn't—
well, I have—and tell you where it was, and all about it.
You know Rhode Wand, don't you ?—Well, it was there. We
were encamped near Quaker Hill in '7B, or '79. You have
heard of General Sullivan, hain't you ? He was a nice man,
and wore gold knee-bands to his breeches. We were waiting
for the French fleet to arrive and help us. The British, you
know. own Nova Scotia, and all along that coast where the
fogs breed. Well, the Tories sent word to the British some how
or other that the French were on their way to attack the Bri-
tish, and what do the rascals all along shore do but get up the
Northeaster, and all the fogs they could muster on the banks of
Newfoundland, and packed them off to Rhode Island. You
Bever in your born days saw such a blow as it was ; and as to
the darned- fog, you eauld sake your finger and write yourname
in-it. Away went our tents, camp-kettles and canteens, away
went masts and yards of French ships, and away went the ships
themselves as if the d-1 scut them. This tarnation fog lasted,
I don't know how long, and the Northeaster got worse and
worser, till many a soldier lost the hair off his head by it!- and
it was a miracle that they kept their feet, and they wouldn't
hadn't they sat on 'ens.
" Well, there we were, pretty well drenched I tell you—how-
ever it's au ill wind that blows no body good, and we got some-
thing to eat and drink by it. You never saw the Independent
company ? No, you couldn't., for you wan't born then. I'll
tell you, they were as pretty a set of Young fellows as ever drew
trigger, either in sport or earnest; they were all Boston boys,
and as our regiment was raised in that town, our officers and
they were band and glove, so they got leave to encamp with us.
Well, their wagons came down upon us before the Northeaster,
without horses, as if the d-1 drove them. We all turned out
—out! did I say ? We hadn't had a tent over us for hours ; they
were all blown-down flat. 'We ran to stop the waggons, and
wheel'd them round, thinking they could not go sideways like
a crab, but the instant they came broad side to it, up they went,
and trunks of clothes, for they were rich young gentlemen,
trunks, hams, tongues, kegs of brandy, loaves of sugar, lemons,
and the deuce knew what, all came swimming all about us ; it was
a glorious scramble, you may depend. The Independent Com-
pany, or Cadets as they were called, were rejoiced to get their
trunks again—as to the rest they did not care, we did; there
was an old stone house near by, only half blown away, and into
that by an eddy wind, eatables and drinkables flew as fast as
Possible, and there we crowded, and such a time we had on't,
you never saw—alil these were times indeed, hams, tongues, le-
mons, loaf sugar, and old Jamaica and brandy !—Lord bless you,
it would have done your heart good to have seen how we ate and
drank—there was no roll call—a man could not have sto-id a
moment in the ranks, nor be seen if he did; it was a glorious
time—a different thing from Valley Forge and all other valleys.
he cadets, they were pretty men, but they wan't used to such
deviltry as this, and I don't recollect whether they left us or not
—they wan't in the skirmish we had after the storm : our regi-
ment was on the out-post, and we had a brush, no great thing—
but I don't think they were with us, and we covered the retreat
of the troops, for the-British and old Nick had tolled the French
out of sight, and the hest thing we could do was to quit, and
glad was I when we got off the island. Our regiment lost eight
'officers and sixty-four men, that is killed and wounded. I don't
.think there are Three officers of the regiment now alive—l know
of but one, and Doctor Thatcher, who was surgeon, and I doubt
if any of the cadets are alive • they were all young and full of
.spirits, God bless them, whether in this world or the other. This
its all I have to say about the fog and the north-easter, and I
should not have said this, but the old bay is to-day at his work
:again with another blow. Your affectionate brother,
"JAMES MOSIER."