' 
864 
THE 
She ete os a CHRONICLE. 
[Dec. 24, 
Vesuvius, which latter is in fact quite a model volcano, as 
if made for show. The present great eruption of Etna (it 
ers and many fi 
oad the a ge age fms are e fristiag 
Ih m Riposto 
e smoke 
sgtings, betokened that Enceladus was 
dead of the t the moun 
my im tion for m my facts, on this head I can at 
present tell you nothi "be 
he late Sir cen ae. .—The United Service 
axette recently gave an account of a,sister of Sir Sydney 
Smith having been found ith her son in a state of grea 
destitution in London. The latter had been bred to the 
sea, but had been for some time out of employment. Miss 
Mr. Emerson Tennent 
that ee brought them under the notice o 
whom the following getter was ance 
hitehal Asia 
a) 
£6 
es 
— ; but such a ge 
pc d by me with a erate satisfaction her relief. 
I think it probable th t they ca a manner 
= accept o her feelings than through ce inter- 
ention ; and if you will perm e, I will place the sum 
of 1502. in your ind, to be serine for the benefit of Mrs 
will w o Lord Moddinghin with respect to 
a. gengral purport of your 
_ re : iy ave the honour to ma — 
Ent Pre.’ 
obedien —Rose S pro 
yelict = ve followed up by the eee of ac 
lady's to a birth on board H.M.S. teagan hy 
rescuin eA “both fedivionstl from their recent dest 
1 
ext will have 5 printel this year 53 Saturda‘ 
s, the present year r having commenced 
on that ei ay; cir ircumstance that will not occur again 
until 1853. . 
Ya. 
OF ag rg — BANKING 
Comranies.— Stewart 
as alker. Bar 
§ 
The defen leach y as part of 
the anes om doves pleaded in the debt for which 
the action was ught was not patho by them in their indivi- 
~ dual character, muna members of a banking copartnership hav- 
ing a public officer liable to be sued, under the provisions of the 
statate 7 = IV., chap. 46. To this plea there was a dem - 
‘ounds; bar the substantial objection to the plea was, 
that i it “ety not answer the action, inasmuch as, although the de- 
s of a banking copartnership having a 
pabte. eicet they were still liable Ps te sued in their vee 
ity as ners in a trading copartnership. The ques 
which ~ ne ae eee bn soclbatang toe wi henge’ 
Rape Mea carl efendants as partners in trade was affected, and 
to what ext tent, by the statute on which | the plea in question was 
? V., c. 46, “ for reg g of Co- 
Banksin England,” itis declared that ‘all actions, 
law and equity, to be commen by 
dies politic or corporate, or 0! . 
copartnership or otherwise, against 
all and lawfully may be comme i 
pote t any one or more of the pu 
mi , for the ~ beine of the 
> th was pets clear this provi- 
might have a ithe nace officer 
endants were m d the 
was bound to sue such pub off cer, 
of ine the ; 
: e, it wi und bt 
the inti a the defendants orn ow aie. ite in 
strongly wees upon the court in the argument that, if the 
Legislature magnets to persons to whom king part- 
nerships e indebted, of the right of : the individual 
of a public officer, to protect the individual members from 
for the debts of the compan It ay be conceded that where 
no public officer existed, the com a 
the individual memb 5 remained, and perh aps there might be 
special circumstances which would entitle a party to sue 
the private — The construction ut apon the 
Act of Parliam: was, that in ordinary cas e Legislature 
meant that the ‘pnb officer, and the public pr hog only, should 
: e opinion of the court was, fore, 1 e com- 
aie rs was taken away 
e , and that in sag 
s The learned bar 
ithe oth rewori objections to ~ plea, : were 
court should be 
Boe caintol: on 
oF QUE s Beem. —Veit ch “et oe i1,—This was an 
a physician, but h 
co ia yetween him and the defendant. To 
prove sath 3 ip certain letters were put in, the first of which was in 
these terms :—‘‘ As your i I 
must a, te aii let me have it, u 
nother was in these erdis: oan My 
with site a sum as you will be entitl 
pay. I gr n’t know what expense you may have incurred, or 
ish is to ee: 
request, me cease were encumbered by Sir Henry to the extent 
of 40,000/., an annuity suffered = fallin arrear, and the estate 
of timber. The deeds were 
catenaee to oO save 8 
thing as hare othbrwise been spent in wild 
litigation. The present motion, heres er, was resisted mainly ps 
the sion that the answer ha an bore iy such a Sei in the 
plaintiffs as ent er appoin ver the 
tony The Vic e-Chancellor as ess detivered judgment 
onfin his yP heinates pre to the defect of interest shown on 
behalf of the Dial aintiffs to entitle them to wh 
At the trial bd bee cause, Mr. Justice Wi ightman left it to 
r there had been any contract between 
that there had been such con- 
skill.’ 
tained to set aside this verdict and have a =e tri 
opinion, that, as arule, Sarrigtien ~ phy- 
sicians “could ne maintain an — for fees. they 
t for aang 39 services. 
But eat might, u ontract 
which should give them a legal right to payment, ’ That contract, 
however, must be distinct and cae Ss. let 
amount to such a contract. Thec 
the jury, and the verdict was one wae ho 
turbed. Rule discharge 
Applegarth v. Colley. —In this case, which came before bo 
Court upon a demurrer to a special plea, setting up that t 
defendant was sued as sh reget: water of a sweepstakes deposited 
in his hands ona 
in favour of th ntiff, 
did fall within the spttht of higad Statute os Achatibe or Anne, to whieh 
reference had been ma the argument. The gaming a 
betting, he sa a ae bi by “the Tanita statute, certainly was not 
afi gate or exces: cage _— here pore ti < not 
fi on then re as 
e had been pesberiy left = 
ught not to be dis 
i aobab, wo all var. A re cuens 
n the implied contract, but not ont Pp e, 
and that on the ground that the Court might always have the 
means of seeing the Gg heip itself, ther inst it mig! it not do when 
ill, 
the io: 
defendant, 2 ee think that the Lagiatare meant to apply that 
in any way oF not. comes, then, to this point—is this c 
here, on which or plant sues one for money lost at play, within 
these statutes? $s we answer in the negative; because it 
“ Paneer that they a 7% check playing at such games on ticket 
ow One ens aready-money playing. The sub- 
party advances 15/. as a premium 
the owner of that horse 
one loses that sum here, at section 
apply to the case of two parties playing or betting to the extent 
ont MF at ane time, which is a very aps ae Fo that of 
<5 bee gt tiff’s aoee bie 
bet te raioee? the stakes, it is 
him from suing for the ig > of ne, 
i oder these circumstances, 
pronounces its judgment ae for the ye tiff. 
Vics-CHANCELLORS’ sept eg 1Ts.— (Before L. dwell.)— 
s suit was instituted on behalf o 
artes 1 _ — wee: 
ing, 
lh ik ioment 
pon them, and prayed that the deeds might 
action to be a 
be delivered up. otion for the appointment ofa re- 
ceiv ver the property, the following circumstances were 
ia wie ‘thay were vabed by this 
r He was forced to fly to Bou! ulogne. Inthe course of 18 
an application was made by Mr. Harry Ma ainwaring to his father 
to assign certain le old tithes, in order that some bond debts 
on whic y were jointly liable might , stating that 
his object was not to enrich himself, and intimating that in doing 
tors. Sir ry Mainwaring, w 
mitted soci oes peal his son's faterest in Pees’ estates was 
uced t e to » and 
replied that he would — 
not required t mit an injustice to his general creditors. Sir 
Henry was alleged to have given this reply in consequ f 
having been advised by his solicitor, Mr. Co that the assign- 
ment would be an undue preference to acreditor. The assent of 
Sir Henry was at be obtained to the plan, on being informed 
—— a 
ry Ma sin wiring stating by eta that he should consider 
er and the big hes ae Send 
He 
deception, misre et tae 
Sir Henry himself, whereby, ‘upon 
ants uaded, un 
to 
of females. be ato tha sine 
er, and on 
introduction 
tn give up all his interest in the estates to his f 
himself at that soon 
his mercy; soon after he he had yielded to this 
a Ses Hertfordshire, innkeeper 
is Hon s will 
grave qu sit ons arose on ee face es the correspondence between 
Sir H. ma i i 
could be 
—- hag vat ‘that there had be 
pin Sr cenam with ve 3 he men on the par b 
life Senereat, yet before pi 
sufficient equity ought to 
father’s 
ide was, W 
we onli ap- 
point a receiver; but the net aintiff tae "failed Ka ey se get it was 
not in their power to supply the defect b gyri: The case of 
the plaintiffs, therefore, entirely ery and if the me 
court leather bee culative motion of t arene tees ought to 
ailing to do so, the motion zane be dismissed w. 
ak Tai 
~ S, Taurspay.—The wing bets will suffici- 
ently tpinin th e nature ey extent of ‘the business transacted, - 
without the pocesety of an 
YY. 
25 to 30 agst. Mr. Blakelock’s A. 
British ee (taken), 
2 1 Peel’s Murat Cla! 
(t taken . 
1000—— 20 agst. Du G s | 2000—— 30 agst. Lord Exeter's Lucetta 
xygen colt (taken.) colt (taken 
5000-100 agst. Colonel Peel’sSt. Va- | 2000—— 15 agst. Mr. St. Paul’s Che- 
lentine (taken.) viot ({taken-) 
500——. 10 Lord Chesterfield’s Par- AKS. 
thian (taken and after- | 1000—— 30 agst. Lord ‘Westminster's 
wards offered.) Decoy filly (taken.) 
e have but little English 
realised on some fine qu e 
exporta ation. ot " Malting Barley is scenes and our curren 
maintained, but secondary a d grin qu es are plentiful 
and Is. c Peas are cent fi pam market an ea 
sale; Beans haver realised the si There is a large su 
ply of Scotch Oats = Ma si wick are ree good quality and +e 
a dull s “n e. on oe una 
) PER yn QUARTER. ae 
kv! aime, Bese ae, and Suffolk . « White 44to52 Red to 
Nor » Lincolnshire and Yorks! hire. . . —to— White —to— 
Barley . Ma orig ng gage oe? 25to29 Grind, 19 to 25 
sg Lincolnshire “ana Yorkshi Polands 13to23 Feed 14to0£2 
a . Feed —to— Potato 15 to 24 
F. toi8 Potatol4 to 22 
— GRR Se : 262 
“ae Mazagan, old and new gto 3° Tick o 29 Harrow 27 to 31 
ag — and . . 31t0 33. Winds. 
Ww 
Oe t0 84 Lonnpet Ss aaa 3 
Peas, « » B0to 34 — 28 to 30 26 to 28 
WEEKLY IMPERIAL AVERAGES. a 
Wheat. | Barley. mrs Rye. | Beans.; Peas. 
ee. .| 48 8| 2711] 17 9| 32 2] 3! 8} 83 2 
Se ‘ 49 8| 28 1710} 31 8| 31 6} 34 2 
shi, BB hase a 28 179| 82 2| Bl 4] 33 7 
Dec. ait Geet 48-6) 97 9| 17 9| 2 1] 3011] 33 & 
Do pe Gee el SRE SE APS 5 S87 5). 80. Bh: Bee 
_ 16 . * : 46 10 26 5 ie 28 31 29 10 32 2 
Tate te eel ESEESS 
ee ete 485 |. 27 aan 7.7| 30 5| 3011| 33 2 
Duties; 20 0 | ol es) a 
ARR “we IN a WEEK. 
Flour. Whe. Bari. [Mal Oats.) Rye. | Bns. | Peas 
ioe * ayia a — Bris. | 3765 a 1960 _— 1173 } 1055 
Pre . Pi _ 73 — = 
For gol 3, | 2840 — | 422 
ARRIVALS THIS P : . 
Wheat Barley Oats Flour, - @ 
te aga 7 42) 80 11920 7530 
_— vr ~ 430 07 ¥ 
réign aa 600 _ _ 
Mw SE « ~ THE ene 
Lape ya NNULLED.— 
Ray 
BANKRI —W. Butler, Holbors hil 
Mansell, ee a street, tes race tin nloken 
hn Duncan, form 
-street, on > regret Hp 
WwW: 
right, Burslem, Statfordsh r 
Lancashire, v bie maa Bee om 
Northamptonshire, inn-vep es, Devereux 
aaa: < . Ww: Staifordshire, sadd er Pitt, selby, wYorkehives ag 
the Sheffield, A wg gd Se peatinal a 
: ete on Baath ove Cornwall, currier—R. 
. Rich hmond, Cowle Oxfordshire, 
Brooke street, gE Talian w varehouseman—W- 
uthwark, comb-maker—G. . Salvi, Duke-street, 
ace, wine-merchant. 
SEQUESTRATIONS- .—R. Davidson, seve 
Ww ick, asc Henderson, 
, Ayrshire, wool- rene WB "Se a 
and Wi Watson, Dunfermline, manact urers—H. Ritchie, Saltcoats, mere 
chant—R. Brown, Edinburgh, paint 
19th sa = Orta Manor House, near greys og Ge é. 
n-vV ville '$t. John’ 
inst., at ies pop 4 
nia, of a sae the 16th i pag heen! 
. ’ » 9 e 
rd, Berks—On the 22d inst., at St. Mary's, ryanston-squarey 
Dr. F. T sree - oe eonard’s-on-Sea, to Maria Delmar, of Hyde- on. 
place, Lo dow of Colonel tg! Delinar, of the Dutch Service—UB 
19th oan ‘ eles Pri nests haat jun., to Mary, daughter of William Payne 
of Til eee Ess 
Ee BATH n the 18th sng ., at Ealing, General Sir Frederick ether 
ged 83 On the 13 en inst., at Oldtow n, Cork, Henry Evans, Esq. ices 
eis the Red—On the 16t h inst, at Ser town residence, the Cou tess OF 
_ hy wo hou aft tae accouchement—On the 16th inst-, Lieutenant 
eorge ts Fusilier Guards, 
hi sae a other ¢ ‘0 Gen. Gseer and first cousin the 
he sth es at peg en na Citadel; Hawkstone, Eljzabeth 
ofthe lace ate Joka Hill, Esq., of Hawksione, and mother of the p' 
1 
~ Pri Brapsvry and Evans, Lombard-street, Pleet-stree’ ae 
the Precinct of i Wivciriats in the City of L ondom ~ Published ye salesele 
the Orvicr, 3. LES-sTRERT, CovENT GARDEN, e County of Mid 
all phen mtn sere ag to be addressed to 
Le 4 
