application which adverts to any expected vacancy, be admitted.

The surplus, if any, will, in all cases, be held at the disposal of the lords commissioners of his majesty's Treasury, for the public use.

The price paid and received shall, in all cases, be that of the Infantry commissions, as in the cases of unattached commissions which have been hitherto sold, whether the individuals selling shall be on the half-pay of Cavalry or Infantry, and the purchaser shall, in all cases, be placed on the half-pay of Infantry. The individuals disposed to avail themselves of this arrangement upon the terms specified, shall make application to the commander-inchief, through the military secretary, when their claims will be investigated and determined upon, and their names will be registered accordingly.

The purchasers will be recommended to his majesty by the commander-in-chief, from the lists kept in his office.

The sales to take place under the following restrictions :

No person to be allowed to sell at either rate who has passed the age of 60 years, or who cannot produce the certificate of the army Medical Board; if in a foreign colony, the certificate of a Medical Board; or, if no Board can be assembled, of the senior medical officer, showing that his retirement does not result from impaired constitution threatening earlier dissolution than a person of his age may expect in the common course of

nature.

No officer to be allowed to sell, unless he shall have purchased a commission, or unless he shall have served twenty years in the whole, if a lieutenant-colonel, major, or captain.

Fifteen years if a lieutenant.

Twelve years if an ensign, of which, at least, one half on fullpay, or in the discharge of active professional duties, except he should have been placed on half-pay in consequence of incapacity, from wounds or infirmity, not now affecting his general health and constitution.

Those having purchased, whose services do not amount to the above periods, or who have not been placed upon half-pay on account of incapacity, produced as above stated, to receive the value only of the commissions they may have purchased at either rate, according as they have been reduced, or have retired at their own request.

Those who have taken the difference, and who may be otherwise circumstanced as above stated, to receive the value of their commissions at the old rate, minus the amount of the difference previously received by them. - Those who have been placed on half-pay in consequence of the sentence of courts-martial, or of circumstances prejudicial to their character, to be excluded from the benefit of this arrangement; or, if it be thought fit to relieve the half-pay list from them (as they cannot be called into service), to receive a sum not exceeding the value of their annuity. It is to be understood that no officer on the retired or half-pay list, who may hold a garrison situation, will be permitted to retain it, if he should sell under this arrangement. Further, that the general arrangement shall be limited to those actually on the half-pay or retired list; and the time allowed for its operation shall be limited to one year for officers at home, and to one year and a half for officers residing in distant colonies or countries.

Those officers who have purchased half-pay commissions, as unattached commissions, would, after serving on full-pay in the rank so purchased, be as admissible to the permission to sell what they may have purchased as any other officers on full-pay, under his majesty's regulations. The purchasers of the half-pay commissions, above the rank of ensign, shall be invariably officers on full-pay.

No officer shall be allowed to purchase two steps on half-pay, without having served in the intermediate time two years on full-pay, it being of course understood that his general period of service would otherwise entitle him to the promotion.

3. The duke of Northumberland, ambassador extraordinary appointed by the king of England to attend the coronation of the king of France, landed at Calais, and lodged at Dessin's hotel. He was accompanied by the duchess. His suite was composed of Mr. Singleton, secretary; lord Prudhoe, the marquis Caermarthen, lord Hopetoun, lord Pelham, captain Buller, sir W. W. Wynn, lord Hervey, lord Strathaven, lady W. Wynn, and lady H. Clive. His grace set out on the 4th at 8 o'clock, with a train of eight carriages. On the 12th he was introduced at the Tuileries with great state. Three of the royal carriages, drawn by eight horses, and filled with officers of the court, proceeded to his grace's hotel, and returned, followed by three other carriages, drawn by six horses, in which were the duke and his suite. The Parisians admired the richness and elegance of his grace's equipage. The king received his grace on the throne, surrounded with his officers

of state.

HOUSE OF LORDS.-Bayley v. Maule. This was an appeal from an order of the lord chancellor, which annulled a sale made to the appellant of some extensive iron works, on the ground that a trustee was an indirect party to the purchase, and thereby acquired a personal interest inconsistent with his duty to the cestui que trusts.

Lord Gifford stated the rule of law to be, that no trustee could be allowed to deal with the trust property, so as to raise in himself a personal interest inconsistent with the interest of the cestui que trusts: and that although the purchase might have been made by Mr. Bayley at as large a price as could have been gotten, yet, it could not be sustained. A Mr. Llewellyn had been the manager of the iron-works which were the subject of the sale, in the life-time of a Mr. Hall, and had thereby acquired a complete knowledge of the property. Mr. Hall had appointed him, with Mr. Maule and Mr. Kay, trustees under his will, induced, without doubt, by the hope that his correct information as to the nature and value of the works would make him a desirable coadjutor. Mr. Maule and Mr. Kay, the former a respectable barrister and solicitor to the Treasury, and the latter a solicitor of long standing, recently retired from the profession, felt themselves very unequal to fixing a value upon this property, and therefore, induced by the motive which influenced the testator in joining Mr. Llewellyn with them in the trust, they referred to him to fix an upset price. Mr. Llewellyn thereupon communicated to Mr. Maule and Mr. Kay, his co-trustees, that in his opinion the property ought not to sell for a less sum than 55,000l.

1

It was about this time that a conversation took place between Mr. Llewellyn and Mr. Bayley, between whom it was agreed that the latter should bid 63,000l., that Mr. Llewellyn should be a partner to the extent of one fourth part, and that 5 per cent on the purchase money should be debited to the concern in favour of Mr. Bayley, before any profit should be divided. Thus an interest was created by Mr. Llewellyn, adverse to his duty as a trustee. It was his duty to obtain for the cestui que trusts as high a price as possible; his own personal interest militated against that duty. This trustee then went to the sale, interested in his own behalf, yet ostensibly to perform his duty as a trustee. Was such a dealing as this to be tolerated in a trustee?-that he should communicate beforehand to an intended purchaser, the price fixed upon, which gave him an advantage over the other bidders! The sale was held, and there Mr. Bayley became the purchaser at 72,000l. The same evening Mr. Llewellyn derived from Mr. Bayley the sum of 1,500l. It did appear to him (lord G.) that if the rule could not be applied in this case, it could not be applied to any other case.

Lord Redesdale said, that it had been objected, that this case had been decided in too summary a manner; but he thought not more so than was customary in similar cases; he instanced the case of "Gower v. Gower," where it appeared, that lord Gower was likely to sustain a serious injury from a person whom he sent to survey his estates having been bribed by the tenantry to make a return of a less quantity of acres than there really was; in that case the fraud being palpable, lord

Northington felt no hesitation in annulling the contract. Mr. Llewellyn saw that this property was worth 63,000l., yet he agreed with the other trustees to sell it for 55,000l. He ought to have informed his co-trustees what he considered its real value. He (lord Redesdale) thought it impossible to separate Bayley from Llewellyn; if there was no other reason but the simple gift of 1,500l., he should consider it a sufficient cause of setting the contract aside. His lordship concluded by moving, that the decree be confirmed, which was accordingly agreed to.

6. PARIS.-The reception of Sidi Mahmoud, envoy of the Bey of Tunis, took place to-day at the hotel of the minister for Foreign Affairs. M. the Baron (Damas) had taken his place in the hall of the ambassadors, having with him about 30 persons whom he had invitedpeers of France, deputies, generals, and superior officers, both of the army and the navy, all in state uniforms. When the envoy was announced, every body rose, except the minister, who remained sitting and covered. His excellency saluted the envoy with his hand, and invited him to take a seat. Sidi Mahmoud then delivered to the minister a letter from the Bey, addressing to him a speech in Arabic, which was explained by an interpreter. Soon after, diplomatic etiquette was succeeded by a less ceremonious tone, and the envoy, being asked how he liked France, he replied, "On my landing at Toulon, I was surprised; at Lyons, I was astonished; but on my seeing Paris, I forgot every thing that I had seen before." After half an hour's conversation, baron Damas conducted the envoy into the grand saloon, where about

20 ladies were assembled, who immediately rose. Sidi Mahmoud saluted them with dignity. At dinner he seemed to relish all the dishes, and took care to say, that his physicians had ordered him to drink wine for his health. He preferred Champagne. The mode in which the repast was served up, and the brilliant uniforms of the company, seemed greatly to excite his attention. Sidi Mahmoud, who is 30 years of age, is very fat: his head is very fine, and his complexion that of a very dark Frenchman. He speaks tolerably good Italian. His costume is simple but elegant; he wears a white dolman, embroidered with sky blue, and fastened with gold clasps. His turban is composed of two red Cachmere shawls; and a very fine white shawl is thrown negligently across his shoulders. At ten o'clock in the evening, Sidi Mahmoud retired, saluting the ladies, and addressing a compliment to the baron.

7. PARIS.-The "Aristarque" of this morning contains the following article:

"There has been a good deal of public conversation respecting a loan of 30 millions of francs made by the Treasury to the house of Rothschild. The following is the true statement of the circumstances, of this transaction:

"The rejection of the law of reduction last year occasioned a considerable loss to the house of Rothschild, on account of the sacrifices they were obliged to make in order to raise and support for some months the 5 per cents above par. This loss was estimated at 10,000,000 francs. The minister, in this delicate crisis, thought himself bound not to abandon his friends; it was consequently de

cided, that the law should be reproduced under another form in the next session, and that if it should not be adopted, some other means should be resorted to, to indemnify Messrs. Rothschild. Meantime, to facilitate their operations, and to relieve them from the necessity of selling a portion of the 5 per cents, with which the house was incumbered, the Treasury advanced to Mr. Rothschild 30,000,000 francs in royal bons. After the adoption of the new measure, the minister demanded back his 30,000,000, but Mr. Rothschild having stated that these funds were employed, and that he could not pay them to the Treasury without selling 5 per cents to an enormous amount, and consequently without losing a proportion of the advantage which he presumed would attach to the conversion, a negotiation took place, and it is believed that the minister of finance has consented to hold as security 2,000,000 of 5 per cent rentes, which the house of Rothschild may have the option of converting into 3 per cents, provided they still remain pledged to the Treasury until the payment of the 30,000,000 in full."

8. Loss OF THE STEAM-BOAT MECHANIC, OFF MARIETTA.-The steam-boat Mechanic, chartered at Nashville, for the conveyance of general La Fayette, departed from thence on Friday morning, containing himself and suite; general Carroll and staff; governor Coles, of Illinois; general O'Fallon, major Walsh, of Missouri; and other gentlemen, as passengers. Governor Coles and general O'Fallon quitted her at Shawneetown, leaving the residue on board. On the night of Sunday, about twelve o'clock while ascending the Ohio, near the mouth of Deer creek, about 125 miles below Louisville, an alarm was created by the boat striking something in the water, In a few minutes, captain Hall, who had immediately gone to ascertain the fact, came into the cabin and observed to the passengers, "Take care of yourselves, the boat is snagged, and must very soon sink." Captain Hall then proceeded immediately to the stern of the boat, and while general La Fayette was aroused and dressed, drew up the yawl in haste, for the conveyance of him and other passengers to the shore. It was evident that the boat would sink in a very few minutes, and captain Hall gave his unceasing exertions in conveying general La Fayette and the other passengers to the shore, in which he was finally successful. During the confusion of the moment, and while the attention of captain Hall was wholly devoted to the safety of his passengers, his secretaire, containing 1,300 dollars, was left in the boat, and most probably was thrown into the river when the boat turned on one side and sunk. The accident was such as neither prudence nor foresight could have avoided. The snag which produced this disaster was concealed some distance under water, and at a distance of more than 50 yards from the shore. The depth of the water where the boat sunk was not less than 18 feet. Fortunately, the steam boat Paragon coming down the river a few hours after the accident, the commander, Mr. W. H. Neilson, took the whole party on board, and conveyed them to Louisville.

10. DRURY-LANE THEATRE.A new historical play, founded on the well-known story of William Tell, and bearing that title, was

this evening produced. It is from the pen of Mr. J. S. Knowles, the author of the tragedies of Virginius and Gracchus, and partakes, in a very considerable degree, of the peculiarities, both of style and construction, by which those dramas are distinguished. The play commences at the moment when the manifold oppressions of Gesler have caused the Swiss peasantry to organize a conspiracy against his life and power. William Tell is anxious to strike the blow immediately, but his compeers dissuade him from his purpose. They wish that the tyrant may first perpetrate some deed sufficiently atrocious to call forth the undivided energies of the Swiss people against his government. Tell's dagger, sent by a faithful emissary to his friend Erni, is agreed upon as the signal of general revolt, when overwhelming circumstances shall render it necessary. The tyrant, on some slight pretence, causes Melchtal, the father of Erni, to be deprived of sight. The old man presents himself in this piteous plight licht to William Tell, who at once resolves that Gesler shall no longer live. He directs his son, Albert, to carry the dagger, the signal of revolt, to his friend Erni. The child, in the course of his perilous journey, is overtaken by a violent storm. The same mishap has befallen Gesler, whose attendants have separated from him during a hunting excursion. When on the point of sinking beneath the effects of hunger and cold, he is discovered by Albert, and safely conducted to the castle of Altorf. But Albert's refusal to divulge the name of his father excites the suspicion of the jealous governor, and he seizes on the youth. At this juncture, Tell, who has insulted the guard of