New Times And Representative (Newspaper) - August 24, 1826, London, Middlesex rt si Itil fasts be Lottery theft willbe sold of and being In afar the liberty foe Office and to the irer md MO several and lor virtue of several leases muria for twins of which the and and the e same for taxes the outwent the boors of a or to SL and Printed mayM had of and 2, Jefferys and T for - At Aug. 17,1820. SUCH as may be to Contract for Supplying FIVE and SEVEN of. may deliver ia their Proposals at on Saturday tne at Eleven o'clock in the that will be In the mean the Forms of as to period of be the Steward's Office Parties of personally attend on tho and no. will be received from any who are But are to be to the Forms and the and of two sureties and it also that the word be written on otherwise bj to 1826. TOAE Court of of X of England trading .to the East do be ready 18^ to receive such Supply with * and thai tie ot be to the Clerk of the Eleven o'clock in the of 1826,*ftei JOSEPH 24, 1826J" AUGUST 24, 1826 PRICK e. SALES BY Near - bodied Chariot and grand id mahogany Patent and Stab set of tine figured rosewood and Loo with French polished winged bronze Moon a few good Paintings and and French be SOLD by by Order of the THIS August 21, following at by Mr. CHARLES No. 41, THREE lofty mahogany and elegantly draperies and white and bedt and other larRe plates of one 70 by 37; parlour und real Turkey and Persia chests of and library and French marine damask window some excellent Sheffield eight-day two zebra cabinets and a work glass ann a suite of town chintz for three with gold solid and two couches to some beautiful cut In fruit &c. May be viewed the may frnd of the ' Patent Kir taking on lEAgE from a the of and Arable 2U. with now in the of Eleanor of treating are i equated to send their on or before the 7thSeb&ober. The to 24, 182U-Christ's. the Counting the 8th precisely at Eleven for receiving from as may to the Hospital irr with and Legs and Shins of be good and wholesome and of the best from tie 30th of next to 31st 1827, of the Contract way be and any information by apply in c at the Counting House any day hours of Ten and previous to Thursday the 7th where Tenders are requested to be left on or before that THOMAS ASSURANCE Birchin 23d 1826.-The Court of Directors of the Corporation of the London Assurance hereby Rive that the TRANSFER will be shut on the 2l8tdF that a GENERAL COURT will be beld st their House in on the 4th of October at One in ftp to consider of a Dividend and that the Transfer be opened again on the 10th of the said month of JOHN Pro superior and tured Stock and a superior carved Coat ot 5 ktwaBy during in and of Mr. John early in the month of whether be approved or ru or a very FREEHOLD Hale Waitham sums been a three reception a four chimney excellent bracket a six octave cabinet a pair of 12 inch and sundry May be viewed on Thursday when Catalogues may be had on the anil of Mr. at his Auction and Agency No. 65, New Bond Freehold 1'ottageResidence, with Chaise and and a Freehold Ground per be SOLD by by on at twelve by direction of the in two compact detached FREEHOLD of uniform substantially in imitation of the Property and Residence of the late Mr. Joseph very pleasantly situate on t lie summit of at an agreeable distance from the road and in tbe Parish of it contains four airy sleeping two parlours excellent with pump or spring large and the whole in perfect and with immediate At tbe same time will be sold a Ground arising from and amply secured upon two Cottages producing 301. per The premises maybe viewed the and particulars At the of Stock-well of J. D. at the nna of Mr. 109. To Coru and Flour Biscuit Provision and Shipping Government and Freehold Waterside Gra Steam and Flonr Wharf and adjoining his Majesty's Victualling Messrs. BARNES and at the Auction facing the on August 30, at 12 by order of the and without FREEHOLD ad situate for adjoining the at Middle Water and near the West and Commercial and the Surrey and Regent's substantial range bf brick four warehouse 75 feet in depth by a breadth of 42 fronting the river with convenience for unloading anv description of craft two 24-bushel with power and high pressure Mi machinery was in when it would form a 4 and so placed that the power might aad a 51 feet by depth - ' iw ona be be SOLD bv by Messrs. STEVENS and at the Auction on Sept. 1, at desirable and LEASEHOLD comprising a stack of substantial consisting of three in with frontage to the and possessing every facility for Ian warehousing The property joining the New Lonlon offers a most eligible opportunity for The Estate is held on for an unexpired term of 25 from Lady-day lo a M be and particulars hail at the place of of Messrs. and and of and 36, Old Valuable Freehold in the County of be SOLD by by Mr. at the Aucion on at in Two unless previously disposed of by Private AN extremely valuable FREEHOLD called and White's in the parish of in the county of containing together near Two Hundred at the distance of six miles from High about one mile from Stoken A a valuable PLOT of FREEHOLD MEADOW in Kensey in the parish of in addition to a Vote for the a Vote also for the Hundred of Further particulars may be hart of Mr. T. No. 9, Inn and of Mr. where a Map of the Estate may be To be viewed till the Particulars mey be had of Messrs. Messrs. Freshfield and New Barnes and Is the Premises and at the principal Maid and SHORN near be in one to best before Henry William Esq. Remem brancer of the Court of at the Ball on ihe 8th day of 1820, at One o'clock in the by virtue of an order of the said Court AVery valuable small FREEHOLD called RANDAL BOTTOM in the occupation of Mrs. Margaret yearly consisting of a and about 21 acres of excellent having a proportion of orchard and capable of great lying in a ring and desirably close to Cobban Park and the preserves of the Earl of in the parish of in the county of within one the leading from about midway between Rochester and and only about 25 miles from In the wood is aak and near tn the are two by which the tenant is amply with fina The In and to a or country 0* as an the property must be in the highest i a plan 21 days previous tn the sale at the said Remembrancer s in the Inner Mitre Rochester and of M. B. Esq. and of Messrs. Surveyor and Land Richmond OF THE OF IT THR OK DATED TTII OF UPON THE COMPLAINTS ADDRESSED TO THE COLONIAL AND TO THE BY Mil. Cape or Good Dec. 7, 1*23. My pursuance of the instruction that accompanied the voluminous correspondence of Mr. Bishop and other documents that were communicated tn us at your Lordship's request by Lord Charles we proceed to submit to your consideration our report upon the complaints that were lo us by Mr. Burnett in the course of our visit to tbe Eastern District at the close of the year 1823. Wp have further noticed the principal points that he has urged in the course of his subsequent correspondence with Mr. Wilmot and the that at a more recent period has been in his name to the House of We have already slated tn your Lordship that we had distinctly apprised Mr. in tbe year 1824, that our inquiries into his grievances would be limited that had an apparent or connection with operation of existing laws ana institutions but that could not hold out to bias any expectation of speedy mora especially if wc should Bad neglected or omitted to avail himself of those modes of obtaining it that Ilia laws of the colony - The principal cause of his appeared to in the alleged injustice and illegality of certain decisions ed by two members of a uf who tried several iu which be was plaintiff or at Graham's Tow in the year 1823 the severity and oppressive duct of his opponent in these tbe act of the sequestrator in prematurely publishing his insolvency in the and the general effect of these upon his character and Mr. Burnett also very strongly complained of the partial and irregular system by which the commissariat department made its purchases of green forage for of the cavalry of the Cape Corps and the injurious effects of this system upon tho efforts of the emigrant to avail themselves of the only mar ket that was open lor the produce of their He also complained of Ibc rejection uf a claim that he had made upon the same department for several loads of grass that hail been cut upon his land for the use of the which he thai Major who the had promised to discharge before he took his departure from Graham s in the year Wc perceive that upon laler and more public occasions Ue has denounced certain other practices in the Commissariat from its connection with the establishment called Ihe Somerset which has lately been done away and that he has aih cried to Ihe influence alleged to have been exercised by the ior over the disposal of Government bills by the and the regulation of the periods of both of if attended wilh the inconvenience or effects stated by Mr. have been removed by the enforcement of the regulations issued by the Commissioners of tha and by the facility that is now afforded in the exchange of currency for Government Hills at a certain fixed We do not consider it necessary to take any particular notice in tin * place of tha complaint lhat was made hy Mr. Burnett of the refusal of the local government to include him in the general issue uf rations provided for those settlers wbo had under the guarantee of pecuniary which were to be reimbursed lo them on the fulfilment of certain Mr. Burnett bad withdrawn himself before he left from the engagements into which they had and arrived at Cape with an entire of choice as to pursuits or with a claim upon in consequence of your Lordship's for a grant of land proportionate to the means that he or should be able to prove that he brought with him fur its Several memorials from him upon these subjects arc recorded in the office of the chief secretary lo this and couched in vehement and frequently language but we that at a subsequent Burnett partook ot the issue of bv Bnier of the magistrate al Graham's to the amount Of 720 for which be is still indebted to the He proceeded to the district of after having received information lhat the laada at Ute River upon which he was desirous of were not in tho disposal of early in the year 1820. He took n lease of a farm named Doom advantageously situated in the immediate vicinity of Graham's Town and in of an application to the Sir he received a grant of land adjoining this our inquiries respecting the means and resources brought into the colony by Burnett have not been of a direct we are led to conclude they were very and if not consisted of the credit that he might possess in in of his relationship to some of the members of a respectable mercantile house Through the of the acting the superintendent of the Somerset was induced io advance to him a certain quantity of stock anJ amounting to the sum of nine rix dollars aud it appears that he obtained similar advances from a subordinate officer of the same Mr. Burnett repaired to his and applied with to the production of grern forage for the use of the cavalry of the Corps stationed at Graham's Town having been encouraged in this pursuit by the great that Lieutenant-Colonel Somerset informed him existed for green and by the facility wilh which it was supplied from Ihe gardens and allotments of the officers of the and of the inhabitants of G re ham's - A lease of this farm had been executed by Mr. dated 13th June 1820, io favour of Mr. in which it was stipulated that he should possession of it for three nt an annual rent of six hundred rix commencing on the 3d day of May ihen wilh an option of renewal al the end of the term for three years aud a power of purchasing the any time during its for the sum of seven thousand tix Mr. Burnett entered upon the in consequence of an application that he made to the acting Sir he received in the same ar a grant of consisting of 1,200 as well as a building allotment al subject lo a condition of seven persons on the former us soon as he could obtain them from Cape and of constructing a house upon the latter within three years from Ihe Mr. Burnett had expressed himself greatly dissatisfied w ith this grant in several and had importuned the Colonial for an extension of yet he himself bears testimony to its in dated 9th August and 1st 1H"J0, lhat he possessed a place under such singular advantages that he could not but foresee a most prosperous issue lo his und lhat from its command of wood and and its contiguity to Graham's is was considered the finest and most valuable grant on the Mr. immediately commenced the cultivation of his aud employed a considerable number of labourers work urn up and in the improvement and of some garden ground on the farm of Mr. as w ell as in repairing some small cottages lhat he found upon it. He also built an ornamental rustic and surrounded portion of his garden ground with park Having established a connection wilh a house in Cape be continued to receive supplies from partly of articles that were wanted in the but that were not of a description that would tend to augment or improve the agricultural value of his About the commencement of the year 1821, he received an application from Mr. Hart for ine payment of his account for as he was unable to became the subject of judicial process issued the Court of Justice in tbe mouth of February in that Il is necessary here to that un ihe 24th of the same month Mr. Burnett had before the secretary of the district of an assignment of all his including in favour ofthe mercantile bouse al Cape Town lhat had made advances to Information having been received by this house respecting Mr. Burnett's credit io England that was not and the bills that he offered them in pay men I having been tendered for without success ia Cape they were induced to accept the assignment and mortgage of all his property of every which he as further to occupy and retain for Mr. Boneit before f the agent to tbe a his property to the firm of witli a power of of tbe * the passing of no ] come 6eaa render an - Considering be requited that by a A having seen Mr. in answer to another Inst sequestrator proceeded us of 1822, a in - In a conversation Utat took place between tsw sequestrator and the principal creditor of Mr. at Oa the account of his claims tbe former imperfect knowledge of the English a of this defet ef tie property of for as strange ' the payment of and under this despatched aa order to his agent to the proceedings against sad to call liia creditors and submit to then pro. he had made for Mm payment of their These proposals been by Mr. and no satisfactory adjustment having been made the his at Graham's at the instance of Mr. who that ho was entitled ia the possession of bis proceeded to a valuation the that Mr. B. had made upon it. The valuation was made by two persons appointed by the but no other steps to have been adopted for Mr. Both parties feeling lis Bed with this state of Mr. Hart being disappointed io not being able to recover bis or the possession cf his und Mr. having io his credit by the public declaration of his addressed complaints to the Government and tu of and brought actions against each other before the Court of in the year 1822, the first to cancel tbe lease and to eject the tenant an account of bis and the to recover damages for illegally attempting to eject and for serving him with notice to quit Ia tbe upon the declaration of aud produced a in proof nf it j bat Burnett alleged that be no opportunity of obtaining the documents necessary for bis and us the Court upon referring to landdrost of the that a correspondence was still open with the sequestrator upon the resolved that the further consideration of tbe case should be and that time should be allowed to the defendant to disprove the allegation of The action of Burnett against Hart fur illegally attempting to dispossess whs deferred by aad noon a suggestion from the Court that the entry of the cause should be amended by making the sequestrator a party to the It is alleged by Mr. Burnett that the Commissioners of Circuit in year 1822, made a formal declaration of the irregularity of proceedings of the but we do not find that any mention uf such a declaration is entered upon the Records of tbe It haa tven staled by a very competent that he heard one of tbe Commissioners of the Court declare that the proceedings were irregular for want of a schedule of debts and but even if Ibis declaration had been so it would not have had ihe effect of superseding ihe act of the for the Icons on which the postponement of the trial was granted implied a necessity uf obtaining further Wc have referred the Commissioners of Circuit upon this and find that although they differ in their recollection of what was said by one them upon this yet they have finally concurred in thinking that tbe consideration of the question of insolvency was suspended aod left open lo future discussion we cannot therefore concur in tbe assertion made and repealed by Mr. that his insolvency bad been declared by the Court in 1822 lo be irregular or unjust Mr. Burnett was thus enabled to retain the possession of the nn for another and be has asserted lhat ne made a tender ot the root to the secretary of the but it is positively asserted hy the secretary that Mr. Burnett only requested to know u he would receive the and upon his declining it as not being part of his Mr. Burnett retired and did not repeat his In tbe month of of the year 1820, Mr. Hart renewed his of ejectment before the court of justice in Cape hot Ins claim was referred tn the then ensuing commission of circuit that arrived in Graham's Town in Ihe month of Previous to this bail been entered before the amounting in number lo but which were to six by tha court with consent of the The order in which it hear was opposed by on tbe ground of its disturbing the arrangement he had made for his was framed upon an understanding that the priority that had been given to each cause by the district clerk would be observed in Ihe The having considered that the causes that had been postponed from tbe former yeai ought lo have resolved tu proceed io tbe trial of tbe action of ejectment brought by Mr. Hart for recovering tho possession of ha aud for the lease under which it waa intimating at the same that it would give no decision upon any of the causes until ail had been In Uie action of ejectment plaintiff relied upon the declaration of Burnett's insolvency and now for further ground of the a condition in the nonpayment of rent for two The lease contained no positive terms lor the payment uf tbe yet Mr. Hart contended that words annual payment ot six hundred clearly implied thai this sum was to he paid in every In support of this he was permitted to exhibit a certificate of the notary by whom the lease was attesting that at the time of its execution an understanding prevailed between tbe parties that the payment of the rent should be It was contended by the defendant that Ute lease bore an opposite construction that no rent was due until Ihe expiration uf the first three that it was with him to extend Lis occupation of the farm until the cad of the following He offered no and the Uie termination of their decided that tho plaintiff Jed lo enter on the possession of tbe ami condemned the defendant to quit it In the next action that Mr. Bishop Burnett was and complained of the illegal warning that had been him by Mr. Hart to quit the and of an absolute order that he had received to leave it in the monin uf April of the current It was agreed to join to this case an action that he entered fur front these Proof was given o. the interruption of the whom Mr. Burnett had employed in procuring bark ami preparing charcoal in his own grant of in consequence of the receipt of the ami proof was also given of tha profits that might have been derived from the sale of green but dependent always upon opportunities that might exist of disposing of it The Court rejected the plaintiff's claim for in consequence of the notice given by the who justified it by the public declaration of tbe plaintiff's and of the expiration of the lease in the month of 1823, and the Court also the plaintiff to pay tbe The action brought by against Mr. and the for damages arising from their having illegally conspired lo eject him from the farm called and which had been deferred in the year 1822, was next The that an order had been given by the sequestrator iMa IIL their transmitting to an of The instrument was executed before a notary of a with a view to avoid the injurious effects that the notoriety of tbe if it had passed in his own wonld have In the meantime tbe action that Mr. Hart had against him was as Mr. Burnett did not repair to Cape Town according to the or employ an advocate there in his sentence was pronounced on the by after four Separate according to tbe practice of the been duly served upon him by the messenger uf the district of It has been by Mr. Burnett that these forms were conducted io the Dutch which be did not but sne every to believe that they were accompanied by practice that is observed in ail cases are English as to every one of that were served by the Mr. Burnett aly replied in and in a manner that proved acquaintance with the nature of the The sentence of of payment was transmitted try the sequestrator the who executes lo his agent in the Albany on the 27th 1821 * his agent at Graham's dated 28tb 1822, a ting iu consequence of the firm of Messrs. Ebden and Eaton having declared that Mr. Bishop Buraett was not their bat that he was indebted lo them in a considerable he was to proceed in seizing and selling all his This order had been attempted to be enforced by the but bad been met by a protest of Mr. Burnett against it as and a declaration of bis intention of retaining possession of the farm until compelled by actual force to quit it. On the part of the it that uo conspiracy was proved thai he bad done no act in conjunction wilh tbe that he had repaired to town in consequence of an order uf tbe landdrost to take over tne and was there informed that in consequence of subsequent orders that proceeding to be acd a uf the improvements on the farm was to be The same defendant further for the legality of his proceeding against the who had attempted to defeat the claims of just by making over all his property to one and had thus tix posed himself to the consequences of a declared one of which was the avoidance of the and of all right to continue in possession of the A memorial was submitted to the Court on of the that the lateness of the notice of trial precluded his attendance and independent of this he contended that the plaintiff should have qualified himself to bring this action ky first obtaining a remain a form that is observed in the Colonial Courts whenever a public officer of rank is The in pursuance of a given to by a proclamation of tbe year 1813, referred the cause to the decision of the full Court In an action for brought by for the occupation of the tbe sum of one thousand two hundred rix dollars was decreed to be paid to trim by together with from the the day on which Ike lease The next action Mr. Hart against to recover damages for trees from his ami fbr destroying two buildings that were standing upon it his loss the farm beyond the the evidence the Court rejected the the plain i iff by allowing him rent the expiration on the 25th 1823, te tne petted the m tbe in the coats of the i The defence to Mr. Bishon It abounds the public nun to toe to tn tho it ml wj | Wheat On being summoned to point out property in payment of an account of hia property r of the they had a charge seta that were in of Circuit ordered that should
