The Statesman.
London, England, 1818-12-04 00:00:00

.NAV.IL INTELLIGENCE.

;:;

DEAL, DEc. 3.—The 'airward-bound tat sailed
yesterday are ell forced brick by strong S. W. winds.
• 4.—Arrived last night, and sailed for the River this
mondial!, the 4.andon, Patterson, from lii Centel
Good Hope ; Margaret, Neirne, from Leghorn ;'
Catypio, Hutchinson, from St. Domingo, far orders,
and remain.—Came down from the River and re.
snlin.s, the James Laing, King, for Jamaica.
MARGATE, DEC. 3.—Arrived off this port, the
Mary, Brown, from Calcutta Grant, Moffatt,
f. run Madras for London ; and Julius Cwser, Lockie,
fr9n) the West Indies for do. with loss of anchor
00 cable.
PORTSMOUTH, DEC. 3.—Went out of harbour his
Majesty ship Vengeer.—Put back the George, Be.
niter, for the South Seas ; Planet, for Jamaica ; Atlas,
for Gibraltar, &c. ; and Aurea, for Rio Janeiro.—
&Red his Majesty's ship Primrose, for Plymouth ;
and Tyrian, on a crisize.
COWES. DEC 3.—Arrived the London, Duncan,
to take in troops for Tobago.
LIVERPOOL, DEC. 2.—Arrived the Emma, Hob-
son, from Quebec ; sailed Oct. 28.: on Nov. 9, off
Cape Chat f, picked up the crew and passengers of
the Monique, Draper, of and from Hull, for Quebec,
which vessel was wrecked October 29, on the north-
west cape of Rosier: oIT the south-west point of An-
ticesti, fell in with the Sarah, from Quebec for Lon•
don, and pet sis of the crew and three passengers on
bean! her.

NORTH SHIELD!, DEC. I.—Yesterday morning,
in a heavy gale, from S. W. the Felicity, of this
port, and Tiber, of Greet Yarmouth, got on the
racks, near the Spanish Battery, but were got oil
again on the flood tide ; the former is mach damaged,
and is going into dock to be repaired ; the latter re.
ceived only trifling damage.—The Markham, of Sun-
derland, has put in here with loss of main-mast.
CORK, Nov. 29.—Arrived the Alfred and the
John transports, with troops, from Deal.
RADHICIATE, Dec. 3.—Carne in the Barrington,
Ileslope, from London for the Spanish Main, with
loss of an anchor and cable; and several others, for

shelter.
ihnit'icir, DEC. 3.—The Astres, Wilson, from
Newcastle to Rochester, lost an anchor and cable,

and broke her windlass, and procured assistance into
this !whew. A number of vessels are coming infer
1161 ter.

ST. ANDREW'S DAY.—On Monday last, fhe.An-
aiversary of St. Andrew, the tutelar Saint of Scot.
land, was celebrated in the Angel Inn, Broad.street,
Bloomsbury, by a numerous and respectable party.
The dinner was sumptuous and the liquors choice ;
both doing credit to the taste and abilities of the
landlord, Mr. RAMSAY.— Ample justice was done to
the memory of St. Andrew, and other appropriate
toasts and sentiments.—" Auld tang sync," " Scols
aloha' hae wi Wallace bled,"and many other excellent
songs were sung; and the afternoon spent in that
harmony and conviviality so peculiarly characteristic
of the natives of Caledonia on such occasions.—The
'day was also celebrated in the usual manner, in Mr.
CAMERON'S, the Thistle and Crown, Chandos-street;
Mr. K 1 lie., the White Swan, Little qt. Andrew's-
street, Seven Diets; and other houses in town fre-
luented by Scotehmen.
Oiu' of the conditions imposed on the new admi-
'nictration of the Parisian gambling-houses, is, that
...Amato shall uo longer be admitted.

WE ST.

_
.
• . • rn ga ri tE 8 . . 1
,
Last night both the Theatres re-opened, end both
d to boast a numerous and highly respectable au-
. The general prevalente of sables, however,
ye the body of the house a. dull and sombre ap-
botts
pearance 'not a single person in colours was to be
seen in either the pit or boxes; and the eye had no
relief except in the business of the stage.
DUURY-L %fig.-A new Tragedy was produced at
this Theatre, wider the title of Brutus; or, dm Fail
of Tarquin. The incidents of the piece embrace
all that well-known period of the Raman History
when the tyranny of the family of Tarquin, crowned.,
and completed by the violation of the pereen of
Lucretia by .Sashes Tarquin, the son of *beg' King,
caused the:banishment of the tyrant's family, and
the establithnsent of the Consular Government. It-
commences at that period when Tarquin was engaged
in the siege-of Ardea, and terminates with the judge
ment of Brutus condemning his an 7Virsi to death.
Independently of these events, which every one knows
occupy as history a long series of years, an episode,
is introduced, formed out of an attachment supposed
to exist between the son of Brutus and Tarquinia,
a daughter of the reigning tyrant-A.-an episode, by the
wily, which forms occasionally nb slight obstacle to
the progress of the story : to this are to be added, the
fortunes of. Tullis. the wife_of Tarquin, urbe is left
by her husband, Regent of tome during his absence
at the siege of Arden: this flagitious woman, after
Rome is fallen under the dominieelof Brutus, is, in
perfect consistency with the superstition of the age,
made to terminate her days by being struck with
horror at the sight of her murdered father's ghost.—
These form the materials, and they are evidently
ample in quantity, on which the present drama has
been constructed. Without agitating the question
of dramatic interest, or considering whether the
events rise out of each other in a. natural series, it is
at least evident that each particular incident and cit.
cumstatice is too long dwelt upon ; and that the
pruning-knife was never more truly necessary than
on the present occasion: and we inculcate this the
more earnestly, as the piece certainly is, in the main,
written with good taste and sound judgment ; end
cannot, when reduced in its scale, but impress the
Public with, a high sense of the merits of the Author.
Considered as acting—for the performers must al-
ways partake largely in the success of a new piece—
the great attraction is She Brutus of Mr. KEAN, which
certainly will, not suffer by a comparison with the
most perfect histrionic efforts within the recollection
of the present generation : we have seldom seen this
great actor more happy, or more completely soccess-
ful : his peculiar powers seem indeed to have been
carefully studied by the writer of this tragedy. The
opening scenes, where he dissembles fatuity, while
his real character, like a volcano, seems every moment
on the point of bursting- the shell that covers it, were
conceived and executed in the truest and most master-

ly style : the scene where Sexias, by a very for.
tutiate thought, is made to reveal to him the outrage
committed on Lucretia, was not less happy : while
listening to the dreadful tale, his hands moved con.
vulsively, every muscle• of his frame and of his,
couoteaasca wee•sgitnted with passienolll at length,
usable to mist any tow., be rushes with-Washed

hands on the monster before him, and seems ready to
extinguish him in his wrath. Mr. KEAN'S silent acting
is, perhaps, the finest the world ever saw. IVesre in-
clined to censure the manner in which the celebrated
judgmentscene has been wrought, and think it not only
too long, but that the action is embarrassed, and even
ruined, by the introduction of Tarquinia ; but it
abounds with instances of the power just mentioned.
We recollect no instance of an actor w ho could stand
silently on the stage for mioetes together, and call-
ing up in succession all the shades and degrees of
passion on his countenance, move his audience to
silence and to tears of the truest sympathy. Mr.
KEEN does this in the judgment scene of Brutus.—
The rest of the Play suffers, we think, by the style of
the performance, with the exception of the Tullio of
Mrs. GLOVER, and the Tarquinia of Mrs. WEST,
both which were excellent. 'Phis Piece comes, as we
are informed, from the pen of Mr. H. PAYNE, the Ame-
rican Roscius. The style is generally good, and in
some parts rises far above mediocrity; much of the
imagery is of the ancient school, and the Author has
embraced the opportunity of potting many patriotic
sentiments into ti►e mouth of his hero, the great Ro-
man Citizen. It experienced • very favourahle re-
caption. The Prologue was delivered by Mr. H.
KEaSBLE, and the Epilogue by Mrs. Gcovaa. The
tatter bad some good bits at the Dandies of both
sexes.

COVENT•GARDEN.—A new Afierpiece, of the melo-
drama description, was produced at this Theatre,
under the title of 66 Rose d'Antour • or Little Red
Riding flood." It is a translation from the French,
and not new to the English stage, it having been
already adapted by Mr. T. Mantra, and played at
the Sauey Theatre with great success during the last
season. Miss BEAUMONT, a young Lady new to the
regular stage, made her first appearance in the cha-
racter of Rose d'dmour, the heroine of the piece.—
She possesses a beautiful face and pretty figure. She
has also a good voice, and is by no means deficient in
spirit as an actress. She met with considerable ap-
plause in her songs ; and her debut may be said, on
the whole, to have been most successful. The scenery
of the piece is beautiful, and the music, which. is by
Annisorr, is, some of it, prett►. These, and a feel-
ing of kindness towards the fair debutante, saved the
piece, which was not, however, announced for repeti- 1
tion without considerable opposition.

THE SOCIETY ISLANDS.—By the latest accounts
from the Society Islands, it appears that they are
rapidly advancing in civilization ; have abandoned
their human sacrifices and barbarous custom of child-
murder ; and already eaperience the advantages of
applying Christian tenets to their Government, and
of elating away the superstitions idolatry and de-
ception that had plunged them into rein. A thirst
for instruction universally prevails; a correspondence
in writing is maintained among the natives; and the
few letters in their language being always used to ex-
press the same or similar soaked., they find little
trouble in spelling correctly. But, above all, the
tree of Christianity is planted, and thrives among
them. Oteheite is in a. state of perfect tranquillity ;
the Missionaries enjoy the best health, end all the
islanders have been converted to Christianity

• OLD BAILEY, Dze. 3.
• , ,
the sioßions commenced, pursuant to adionntment, before
Ike I ORO MAYOR, Mr. Baron WOOD, 111% Justice HOLROTD,
the ItaCOR DEA, &C. &C. •
Thmnas..Pearks was indicted capitally for breaking and en-
tering the dwelling-honse of 1). Page, and stealing therein two
'silver splint*. his property. •
' Icappeared that the Prisoner had edlered the Prosecutor's
kitchen windpw, and stole the spoons which bad been placed in
I the kitchen window—they were found upon his person. The
Jury found the Prisoner Guilty—Death.
Richard Parsons stood indicted for a burglary in the dwells,
ing-house of P. fireeditam, and stealing thelem some silver
forks, hit preperiy.t - •
The Prosecutor n a silversmith residing at Chelsea. Helmeted
, that a pane had been broken, and the forks were gone. A shoe-
' Slakes% who lived opposite heard the crash, Mut saw the Pri-
soner rim from the windosW`witb something white in his band I
be pursued him, and caught ho;d of him by his coat; the Pri-
soner fell, and the shoemaker fell a top of him, tad under him
were the forks fumed.
I The Jury found the Prisoner Guilty—Devitt.
George Wood and John Corderity were indicted far a bar-
glary in the dise ling-hawse of Thomas Thorley, and stealing',
therein [moody of plate, pictures, and a great variety
valuable article!, hi.; property.
The Prosecutor lived in the parish of St. Leonard, Shore- '
ditch, and his Imoe was broken open and rubbed in the night
time. lie immediately had bills printed, and circulated
amoopt different pawnbroker., nod on the fallowing day Coy:
decoy offeredto pawn one of the pictures for four or eve
shinier. Tee pawnbroker took op the bill and began to read)
it, upon seeiag which Gi' irderoy ran .away, bat was pursued'
and brought back by two of the posentasker's men, and io the
lining of his breeches were found otherAuplicates which op-
plied to property stolen from Mr. Thorley'sitOuse. Guilty—
Death,,
Seven were convicted of felony, viz.—T. George, for steelier
a row, value ; W. Bryan, 'for stenling various articles of
wearing apparel: M. Swniae sad W. Brown, for Healing
silk handkerchief; W. Tibbetts, for stealing a quantity of
wearing apparel, and too gallons of gin ; J f B!miling, for
wean rite rare:see of a sheep ; and W. Bennett, for stealing
seven silk handkerchiefs.
George Malmo %sal, indicted capitally fur stealing a bar mare.
salute 111. and a bridle and saddle, the property of Jetties
&orbit..

ilo, Prnseentnr is a chemist living in the Strand ; an the 6th
of (ktober the Prisoner came to his house to purchase the mare,
and agreed so to dn. prtesided he could have her three slays
upon trial. This was agreed to on the part of the Prosecu:or,
and the Prisoner gave him a bill for two months for twenty
pounds drawn upon James Petrel!, of the C-thierhisry Arms,
Lambeth. The Prosecutur asked for a reference as to the
validity of the bill, and the Priinner referred hlm to Mr.
Kell, two doors from his own house. Prosecutor told his
servant to saddle the mare, and the Prisoner to go round to
the stable, and in the interim Prosecutor went to Mr. Kell,
and his answer to the bill was not satisfactory. and although he
Was not absent more than three minutes. the 'Prisoner kwl assist-
ed to saddle the mare, and had rode or w ith her, and sold her to
Mr..H.srdwicke. a butcher, in Clare•market, three days after-
wards, for SI. who sent her shortly afterwards to Dixon s Repo-
sitory. where she was sold for ten guineas an•t a half.
M►. Ray Nacos, fir the Prisoner, stated that the offence did
not amount to a felony.
Mr. ARASINI and Mr. PLATT contended at length that it was
felony.
Mr. Justice HOLROTD said. it was a question which the Jury
would have to consider upon the evidence.
The. Learned Judge suntased up, and the Jury found the Pri-
soner—Not Guilty.

RED SNOW PROM TOE ARCTIC REGIONA.--Cept.
Sir Joule Koss has brought from Biffin'ellai e quan-
tity of red snow, or rather snow•wate►, which has
been submitted to cttymical analysis in thls'coantry,
in order to the discovery of the nature of its Woes.-
log matter. Our credulity is put to in eitiiiwir tea
upon this occasion, but we cannot learn that there is
any reason to doubt the fact as stated. Sir JOHN
Ross did not see any red snow fall ; but he saw large
tracts overspread with it. The colour of the fittlds
of Mow was not uniform ; but, on the contrary,
them, were !retches or week, more or leas red, and
of +allow; depths of tint. That liquor, or dissolved
snow, is of so dark a red as to resemble red port
wine. It is stated, that the liquor deposits a min-
i ment ; and that the question is not answered, whe-
ther that sediment is of an animal or vegetable nature.
It is suggested that the colour is derived from the sal
on which the snow falls : in this case, no red snow
can have been seen on the ice.—(Rath Paper.)
EXTRAORDINARY AritnAltiT.--• Yesterday an ele'•l
gently dressed Lady and Gentleman presented them.
selves to the Sitting Magistrate at Marlborough•'
street, the former desiring to be sworn to an affidavit
of the following nature :—lt stated, that a Gentle.
man (we believe the person who accompanied her)
had been some time from England, and that during
his absence a certain degree of attention was paid to
his Lady by another Gentleman. The consequence
was, that reports were circulated highly derogatory
to her character, and the Gentleman, in consequence,
refused to have any further connection with her.—
The female who now sought to take the oath, had
such opportunities of observing the other Lady's con-
duct, that she undertook to swear that nothing cri.
minal had taken place, and now requested to be
sworn to the fact. The Magistrate, however, re.
fused ; when the Gentleman requested to know on
what he grounded the refusal; the Magistrate replied
lan the praticular nature of the case. The parties
then quitted the Office, She Gentleman appearing
much dissatisfied.

THE BOXING RING.—The amateurs of tooting
mustered strong at Born's, in Windmill street, yes.
terday evening, whets the whole of the stakes, 100
goineas aside, was made gond for the fight between
Martin and Scroggina, which will take place in a2l
feet ring, more than 20 miles from London, on T es
day neat. Martin wry backed freely at 6to 4.
Randall and Turner shift their training cantonments
this day towards the fighting groond, the former from
Hampstead, and the tatter from Brentwood, in Essex.
They are both well, bet Randall, as-before observed,
bus a sore gland of the neck, arising from a recent
told, but it is cot•considered of any consequence.—
The following is the real betting ep to last night :
From.s to 4 toil to 8 bn Banded, who is rather
got up in the market, and 2to 1 Randall and Martin
both win. The fight is fixed 30 miles from London.
Yesterday evening, at 11 o'clock, 2b male trans-
ports, convicted at the last Session, were removed
from Newgate, escorted by a party of Lancers, to
Sheerness.
The person taken into custody on suspicion of be-
ing guilty of the murder of Serjeant Styles, at Sheer.
ness, has been set at large, there being no evidence
against him sufficient to wary
for trial.

CORN EXCHANGE, DEC. 4.
tton of 2.—Barley 4. (beeper.—
Beam, sod other articles no al►eration.

• SMITHFIELD hIAM
To link the Oral,
Seed .... 4►. 01. to 52. 21. I
Woo= . 4.. 6A. to fs. 4d.
Veal ... s*. 01. to 7.. Od.
Peek ....b;. 01. to 7s. Od.
Lamb.... o+. OL to oa. 01.

BAY-MARKET.
Bar Oa. Od. to 81. Os. Od.
Clover .... el. Os. Od. to 91. (M.
Bttsw 14s. Od. to 21. las. WI.

.

~~

i 7-777

LAW INTSLLIGENGg
LORD CHANCELLOR.
Yesterday notice Was officially sent down by the
Lord Chancellor, from his honse in Bedford-squires
intimating That his Lordship continued so unwell as ti
be totally enable to cern* to the Court on Strordan
which is the first Seal after Mithaelmas Term ; bat
that to prevent any disappointment he world hold a
private Seal in his own house. This notice was giver'
to the King'v Counsel, and afterearth filed up it
Court.
—mem—
ROLL'S COURT, Dec. 3.
In TIM ITITTaa Ow wAt.cotT's CHARITY.
Mr. Haat stated this to he a Petition presented bt
the Rev. Dr. Wordsworth, Rector of Lambeth, and
by the two Churchwardens' cif that parish, praying
that the Coed would refer it to the Master to adver-
tise io the London Gazelle and the Newspapers, fat
the legal heir to this estate, and in case no such heir
should be found, that the Plaintiffs might be at
liberty to apply to Parliament for anAct on that sub.
jest, and that in the meantime, a receiver might be
appointed for collecting the rents of the charity pro.
petty. When an application of a similar nature watt
before the Court ow a termer occasion, the Attorney.
General resisted the application, and it was refused
by the Coen, bet the Master had 4iitce reported, that
the 1.4 w Officets of the Crown had since given up any
claim, which the Crown might have 'been supposed to
have had on the property. He did not say how the
motion fur a receiver could be rosisted, for surely it
was proper that the rents should be mettle in the
meantime, till some farther measures were taken.--4
The Master had me reported how the present termite
came int.) possession, because he thought liitraelf pre'
vented from so doing by the want of the legal heir.
Mr. tionect.t., on the sane side, remarked that
the subject was, beyond all drtu!it, a very important
one, in consequence of the great value of the pro.
petty. The testator bequeathed his estates, one
part to Lambeth parish, and the other to St Olavett.i,
in the Borough ; hut St. Ohm's parish having got att
Act of Parliament on the subject, all matters were
amicably conducted there. The property was left in
1667 to the parish of Lambeth, and the 'lector and
Church-wardens had granted leases, on which build.
is.es were erected, and they had further entered into
(outran, for granting new leases at very advanced
rents,when it was f owl out the device. had not gir, a
them a legal title to the estate. The question, there-
fore, can't. before the Court, whose duty it was to
provide who was the legal heir. The Master, in his
Report, suggested that it would he proper to ad•
verlise for the legal heir and in the event 01 his not
being found, the Act of Parliament would at once
declare the property vested in the Rector and Church-
wardens; for the goo.l of the charity. The tenants
refused to pay the rents to the Plaintiffs, till a legal
title was tussle to the estates; and ilierefore a receiver
ought to be appointed, as the Plaintiffs could sot dig.
train for this resits.
M. Willifert.l., on behalf niveveral parishionece,
conteudevillhat the. present case was, by Sir Samuel
itougily'.. Acta pot Oustid the jurisdiction of lb*
Conti, madam ;Ai fatted lereoieleil a summary relief by
petition to the Cow, only in eases of breach of

tryst, but i other.
The 11AITEli of the Rom., said. this objection
/SOK 13, have been made in the first instance, and
iminate► so reach litigation had taken place.
WcritEnl Lr. said. his Clients had originally

**idea the case would have aline so far as it had
since done. ilv the order of the Court the parishioners
were to ha►e doe notice of any application to the
Court, and this was the cause 9f their being parties.
la the case of Skinner and the La wford Charity,
Lord Eldon held, after some consultation with the
Vice.Chaucellor and the Master of the Rolls, that

Sir Samuel Romilly's Act gave the Court jurisdiction
only io cases where there was a direct end gross
breach of trust. The very Act itself, in itapreentble
and recital, expressly declared this to be the case, and
it provided then, that to save expence application
for a summary remedy could be, made by petition to
the Chancellor. In this case there was no breach of
trust, and were it to be considered as included under
Sir Samuel's Act, then on the same principle might
petitions be filed, sad not bilic, for the performance
of special contracts, or in any other case whatever
that came before the Court. Toe well•ksiown case
of the Corporation of Bristol was analogues to this,
as he conceived, and he felt convinced, that if in thin
case the receiver was appointed, as be trusted would
notlbe the case, it would be giving so infinite latitude
to Sir Samuel Romilly's Act, which that great lawyer
hirristif had not even the slightest idea of.
Mr. WINGT/RLD, on the same side, argued at con.
siderable length, that the proper course would have
been not to file a petition, bat an information,
cording to; the usual practice. it was utterly im-
possible the tenants could attorn, for no person had
the legal estate. The Rector and Church-wardene
could not receive the rent in a corporate capacity,
they not being a corporate body. The case of the
Lawforil Charity was precisely in paint, as there one
trustee had contracted to grant a lease to a. person
who afterwards becethe a party, and afterwards sp.
plied to have that set aside, but the Court declared
they had no jetejadiction to do so.
Mr. Dam. sippeared for the tenants, and contended
the appointment of a receiver would be a very great
hardship ou theta, as they must either attorn to him,
or. stand in dagger of being committed for contempt
of Court. They refused to pay till they saw the
legal title vested properly somewhere.
M r. HART replied.
The MAsTan of_ the Rohs said, the great difficul-
ty be felt was the taking proper care oot to go too
far. To a certain extent the Court bad jurisdiction,
and ,this case he thought
bad
been very properly
brought before the Court. The objection to the
Court having no jurisdiction, Certainly came with s
wry bad grace from the parishioners, who them.
selves had originally come to the Court praying the
Coed to interfere. lie thought, on the whole, that
the best way would be to refer the cue to the Mut-
ter, to enquire under what circemitances the tettlints
bad come into possession, and to advertise in the
usual manner for the legal heir. That enquiry could
not ppssibly take up much time, and till it was undo
be did not think himself justified ia at once appoint•
ing a receiver.

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—Wheat *rule
!r.—Oats ls. •
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.04- I -
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per stone of ". • —74 7"
Head
Resets
Sheet) and Lambs ....... 90911
Calves lie
Pies SOO

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the tenants for was appears may be placed
in /he order to OP Aitatigrki
Tho M ASTEII of the Itoyer.s.—l can see o 0 objsc-
iioo (p that.
4 COUR? OF KING'S BENCII, inc. 9.

icYCIIISSON. V. DEUCE.
The Defendant and his-wife-Iml to May last lodg-
ed in the Plaiotiirs house, and had left it in Conse-
quence of some 41i1Toroitces that existed bet wail Itietel.
Jtitie, the Defelidtint laid en information at'l3Ow-
street, that the Plaintiff had designs against his life,
and meant to do for him, 'whereupon the Plaintiff
tirpoght this action. • •
Thelehstanee of the information been
clearly expressed in the declaration, the if
was nonsoited, the Judge observing, tbet IE, EMI.
Moat !groundless and ill-advised .action,. thecharge
not having affected the Plaintiff's chantilly of psi
him to any espence. •
• TIM IMO V. SOBERYS. • .
The Prosecutor., Henry • Harris, stated,.Shet the
Defendant overtook him in the Strand, oa the I,4th
of May last, pushed him on the shoulder, and used
a greatdeal of foal laossage ; and then gal* him as.
veral violent blows on the breed wkb his fist. Wit-
ness could not say much for himself at first he was
so frightened, bet tnonsideraled with the.Elefendant
when they came to Soethampton-strest., Maws had
done nothing to provoke Defendant. • e
Ou areas-examinatioo, be said, the Defendant
might have best him a minute; he admitted, itched
threatened to knock down Defendant, if he could.--
11e was an oucertificated bankrupt, and had paid
6d. in the pound • the Defendant was a creditor to
the amount of 3001. A second witness also proved
the assault. .-
The Jury found the Defendant
Mr. Justice BAYLEY then intimated to the Prose-
eientor, that the cone had better end therms

cOSItAM V. DaUMMOND MID GODYSIEY.
Thiel was en atone so recover 4001: claimed by the
Plaintiff for work Aid labour and services as an cc-
,
countant.
An Act had passed for-improving the port of Bris-
tol, and the undertaking was carried on by a char.
tered Company ; the affairs of the Company went
on ill, and the inspection of their accounts was in-
trusted to a Counniftek. 'This Committee invited the
Plaintiff to become their accountant at 101. a month,
sill he•should leaves month's notice to ceass.• His
employment nad lasted so tong, 'that the salary
amounted to lair hundred pounds ; a disputes, bow.
over. had arierb, who should pay the motley ; and
the Plaintiff had brought his action against those who
signed the order 'for his employment. The Defend-
•inets had pleaded, in abstomeutt that the rest of the
Committee had ondertakbajoittly with bins, and on
this issue was taken. '
.Mt. -Barrow, a Member of the Company, was
called to prove, and prated, that the Plaintiff had
been employed by 044 who signed the order aloes,
and not by the Company. •
An objection was taken to his evidence, on uses
ground of his belug *lnterested -ie•ihe Weld if this.'
osit ; but the objection was neer.tuled, because, ifl
ttle• Plaintiff recovered, the witness, sill partner,
would be liable for contribution a mate verdict foe'
Defendants would not airs bitefliseb sortikt behit
yes inlet adios gesta. r• .3..4 4 t.l •
The evidence of Mr. Hall, therelhailt*tetke.Cobee:
puny, was to the same •fftct. • The amantshavabs,
investigated an expenditure to ths'emottist Wad*,
hundred thousand pounds. Lavas a Wee*lsbnlitert
task. Mr. Barrow, though nominated. ono eftletavet-
nattee, had never acted on it.
• Mr. Protheroe also proved the Plaintlfra appdtatte
anent, services, that they were very laborious, and
lhistAhd Committee expressed• greet satisfaction. Tee
'Olinda a month was a very moderate charge. -Flail.'
tiff'''. the best accountant in the city of Bristol. Hs
had waited for his money ever since 1814. • . 1
For the Defendants it was argued, that though
l
Mr. Barrow did not attend on the Commilwee, he
%as a member of it, and at much bound by the acts'
'of the Committee es if he had attended, sad therefore
ought to have been joined in this action. He knew
that he belonged to the Committee, and might tome.
refused to be a member if he had so chosen. 'rib,
'Defendants, who were honourable men, had held.
-Um Plaintiff at arms' length by this plea in abatement,i
'because they had reasons to be dissatisfied, which it'
wai not necessary, and would take up too mach time
'to enter on, upon the present occasion. But Mr.
Barrow had acted as a Committee•man, for be had
'signed a requisition, calling on the members to at.
tend. The Platutiff had been uppoiated by the ton.
sent of the whole Committee, and not by tbille two
'alone who signed the order, and therefore should
Inure'brought his action against the whole Committee.
*Win respect to the amount sought to be Tecovered,i
the Plaintiff Lad often offered to take a less sum, I
mid this was prosed by au answer he bad made in
'Chancery.
• For the Plaintiff it was replied, that after he had
consented to accel.t• a less sum, and had wilted so
'many years, it was very hard be should he met with
a plea in abatement. But the plea ovoid not hold,'
Tor Mt. Barrow had never acted as a Cemmittee.
Irian • the requisitieni for a meeting he bed ooly
signed as; shareholder. •
Mr. Justice ilairts.v, in lieweing up, said, that'
ha thought a man was not (jas bad been contended
for the Defendants) liable ail elammitteet.esass mere.
ly because he 1.4,11 been teatti ow Committee, so-
los he acted, even where he torivented to be one of
the Committee; but he thOughtAt. appeared by the,
evidence in ihrpresent case, airtet;Mr. Burrow's sp.
~ointment to the first Colienittie-(at•-sahich eppoitst-
ment he was presents and -+ail not objected)_ was
onded by the die-1,41000a fat Committee, and ihe
at pciettrnent Of'atidSkOr under very-diliereht potters.,
141 r. Barrow hadlistbied beets named. of the Second
(*.matinee,' hut-OrhefillreSent alien it was could:
tu'ed, and once••ittheeded. The Jery, thniee.
lure, would ftntl, wheilteFte-c6uld be considered ea
basing in any way assented to be a member of'that
Committee:l. As tu't'he 'iribititem of the salary, 101'.
a month had been aareea On; -asid-a bargain wee *
Bain. tt Was•forithe Jill 'to say, whether Mr.
sham hrd a avet4 this bargain by offering to accept
when a- git'in 9vanCerylwas filed against
ire not fnilnw, because a man was willing to sc.
le„I ;shell th;e:ltolt:a with Like delay and capeace

°'r
.'-l•

:.

~'
i .

tof a law-ettitjhajrjggAgedd • be feyeyd„ to tabe• less
'when he had actuary been ebligt4 to defend a suit.
The J9rr fOOO.III,ItiP.I96VPr
the Plaietiff,,,4l2ol,„.
Ccalig,Alf rko/110019f ittitit.lfiltc.. 9.
Mons, rani", snip Americo v. MMINSIAIe •
Mt CtititiNG opened the ease t tSe Jury.
1111111Ktit40.0,,,Sts eaticai to rfcgliftr .55&. la. 241. for,
**oda sold pad delivered. Ther*Defeesdaot staid first,
`ljiiish4 bed untilkomised to pay, Wed nest plead.
4d the Statute of Limitations. tlpois this issue weej
ilsineiti. •
: bir..serifint Coir,x,x,thmaddresied . the .Yery.-7,.
The:Plaintiffs were respectable fasaltere-peintem,
13ondottett; the Defendant, Louisa Manners, wet'
'slater of the late Duchess of St. Alban's. lie wile
sorry that the Deftrinieet sheald resist sucks claileat'
. this. She was. nee in. Moult,. for she bad, 1040114
40,9901. upon, tbadts.th of the Duchess of St. Alban's.'
She lived, witeck,she Inreelit the articles for which
payment rim now,demanded, in. Portman-squere.:—
He knew that it-would be contended, that Mr. Dal-
ryinplepss the person liable ror payment. Mr. Dal-
rymple hest gone through the ceremony of megiage
with the Defendant; end had for some time passed.
for hei husband; but, the Court of SPlsion in Scot-
lautl,and Sir Win. Scott, in Doctors' Commons, had
found that he had been previously married to a Miss
Gordon, in Scotland, and that hit carriage with the
Dtiondent was null and void. Besides that, none of
the pods hadte,ett bought in the name of Mrs. Dal-
rymple; moat of them had been famished after the
marriage had been annulled.. A bill, he understood;
would be preferred, chargiag.the
Dalrymple; but it would be explained to them that
this bill Was so made out, at the partitultir desire'of
the Defindent. He, reprobated the pleading of the
Statute of Limitations is this case as palpably die
honourable.
James Terser, assistant to the Plaintiffs, came to
time its 1810: The Defendearlived• then in. Port-
Ibto-sqlosts. She Ouse to their shop, aod'eaked fbr
pines, ot which she prodoced a pattern: she
ordered witriescseeall nest next morning. He was
received in-bef.dresaing-room,; she.poioted te
.sose
sofas, and seirl.these are the patterns I wasted. I
bed them from you, and still ow.e you for them.—
ishe then gave en older, for five pieces. She after-
wards called with her sister, the Duchess of St. Al-
; ban's. Some alterations were made by the witness
let ker desire in the qaantity of articles. They had
clkarged.29lards; she said the Excise mark was 28
yards; measure actually was 29,, bet it was en.
erred 2s, because it. bast been so by the Excise.—
Tbe Defendant called stt4the. 12th of. March, 1843,
and bought a half yard of green calico. Witness
asked for payment. 1111. mid, " Don't you koow
who I San? I have en aliment here." %illness re-
plied, he knew tilt ...hett.they did not, enter inch
small setters Filers orteaser had directed him to get
payment in all such macs. Sue said, " I'll not pay
it. Ip4l so-morrow morning, bring your ,
111 pay the whole." He did so. On entering the
hews, he followed, the servant up, stairs, and beard
the Petepdant order '
that he should go down stairs
and waiter Iliar she was then engaged, end that
.she
would the.biil. Ile waited two hours, and-thee
sent the spiwntst.up again to say
_be could not wait,
ionget•TiskratlY...wes, that she. was still engaged ;. W'
him tallitgein.enother day. of,*'gt several timpt,'
but Devet•receisp&peyment. Mrs,. Stokes was tbe
servant wire, nttewbrought her. soswera to his ePpii-.
,cations. At last.thrests of legal proceedings yip.,
used, Mrs. Stokes came to thp. shop, and said Am.
beped.they would not proceed against her mistress ;.
her mistress was in expectations of recetivii.g money
very shortly, and she would then pay, themOss.
mistress "weld, however; be much obliged to. dm"
if they would malf-e tip the bill against Mr. Dairies,.
pie. Mr. Pearse said be would uotr—" I know no.
thing of Mr. Dalrymple; 1 kepw..your mistress is
not a married woman." ..8.130 .said that, her mistress
did trot wish the books to fretwitered, but only thp
bill to, he made in his, name, (or she hoped to, get
payment. from him ; if not, she would .pay them in
a fortnight. He then consented, ands bill was ac-
cordingly made in Mr. Dslryrople's name.
Mr. Serjeaot VAuuHAN cross-esamined this wit-
ness at some length, bet ustbing important was die.

closed. . . .
A letter written in 1817 by the Defendant, and
signed L. Dalry mill', wee exhibited. ,
Mr. Janice VA she does not
.asarry, It, is
likely she will call heraelfon to the day. of bet death ;
but that cannot change a solemn judgment of the Su-
preme Court.
Nathaniel Hawse, . clerk to the Plaintiff,, proved-
the writing of the bill in Mr. Dalrymple's bate%
and confirmed the evidence ef the .preceding witness.,..
The books of the Plaintiffs were then adle4 for by;
the Defeudeiit's Conesel. They were produced.-,.
All the entries in 1809, 1811, 1312, ;oil 1313, were
In Mrs. Dalrympte's name. .The witnesses above-
, named spoke to ell those entries, from their personal
knowledge, excepting the two in 180,9, amountin&l,
The clerk who made them Willi deed, kv4,1110..
witnesses swot* to their being unchanged since they
see them in 1810, .
~ It was admitted that the marriage melt for-itself: pee
.010 in Jane, 1811.
**et VAUGLIAN 0d4t05004 tri hut* Op:
Defendant, The question here was. of the lamps%
importance to his Client, not for the snot depending
here, hot fer•the many simitat demands that she
would be exposed u if this action 64%314 in stlcqsll-
- 'negotiation really was, abet**wet liable
for her husband's debts.
Mt. Justice Pelt s.—Drothfr: V4',01144e7,1 forget
in olUsvgeleosmsittleig
, 1811, anal that Sir
trencienced the seasrlape
lon before any solids
saileln instituted.
s Chit the first deci-
`qvour of the marriage.
, a house and goods
Portman-senate had
.nd after the jedgf,
house and furniture
Ant, • that she was really I
now called upon to pay over main what she had paid
to Mr. Dalrymple. Mr. Mirymple had, paid for
every thing requiredln the lipase what he 14ttl there;
and if his brother Copley *meld tliiuk of makiag:

berg,
Cosl
1,
Alt

that the main Sftiefr in Use present c
tri.4ol. was furnishe4l. in Aggiub
Wilt** ticort hs4l finally pommy
no . • no preceding t and long
the suit harl bean
tiviupliAN fei IC
.had been in Uvula
• otorttoti as having
iA The hone in Pi
malt • r. Dalrymple ;ai
Walt ie Doistos's Commons, the .t
were paid for by the Defendant, so