Star. — London, England, 1818-07-22 00:00:00

COUNCIL. .7ommon Council was held, isition, to consider of Ad- WENT and the QUEEN On es of CLARENCE and KENT. BREAD. e last Court had been read, vi.hed to call the attention :t respecting the Assize of he had a seat in the last !neatly had conversations s on the effect of the alte tde, and had expressed his I some inquiry being iristi hat had been the result of Act lately passed. Mr. F. ity of inquiry, but thought commenced in Parliamem. sented; but it appeared to s of Parliament was a pro ion in the City. It would a of the Common Council Wards such facts as would ether or not the alteration 1, ficial to the l'ublic or not.l to express no reflection on certainly had his own opi that he wished for was that ,e entered int& He would appointment of a Commit he repeal of the Assize had Public? The inquiry, .he laded in time to eotbte he Ore the meeting or Paxha- L the session. ought an inquiry necessary, hat it could best be accons of that Court. hought the subject to which id referred one of very great ition which had been made J, hai been merely a matter it ; therefore, that the effect should be ascertained, and ild undergo a full invest;ga , referred to the Bread Cern ropriety of applying to Par e Act doing away the Assize. IARRIAGES. TE ro s e to move an Address the Marriages of their Royal f Clarence and Kent. He e performance of this duty n, he felt some hesitation in —not certainly from want of Personages who were the should have the honour to originating such a motion any thing of that time-serv isapproved of—but because abit of coming forward on he considered that it had ice of that Court for more, o address the Throne on the f the Royal Family, he was e as possible ought to be lost' in taking an opportunity of ilations on the recent Royaj !fore agreed to the suggesk .d him to make this mots!" yally was due to the Royal iples of civil and religious n on the throne, and which acknowledge. As, on the ce of these principles on the the surest way to promote he happiness of the country, he People ought to omit no testifying their loyalty and 1 Family. The melancholy I the Princess Charlotte had e throne in a doubtful and asures had very wisely been the possibility of the Crown sent Royal Family ; for no ) be regretted than that the !wend to any foreign Prince, anguage and the customs of, grounds, he was confident ppy to seize this opportunity y, and expressing their con mts which had taken place.— )yal Family had never kept he People; and this remark ible to the Duke of Kent, who 11 in giving his assistance to ::al to the Public. lie had, ice both of income and time, ipport of various Public Cha t such a manner as to render :ed in this country, but also The distinguished Ladies to been united were eminently les and accomplishments to their consorts. One of them an the regard og that, Court -al, as she was the sister of a tented loss he had sustained, t trying and painful occasion, o the people of this country. ng, that an Address be pre- Regent, to congratulate his Marriages of the Dukes and and Kent. econded the Motion. I.:v, words in support of the red to unanimously. iGAIL nest moved a similar in seconding this Motion, ea respect for the character of serving, that though circum : r.ecessary for his Royal High- 1 economical manner, his heart! tics been open to the distressed.' iso agreed to unanimously; as :nting the complimentary con orporation to the Dukes and and Kent. !ten appointed to withdraw and d a Committee.was appointed cc Regent,. and to know when tto receive it. the Address was ordcsed to ye r.rel page.) LAW LVTRLLIGENCE. COURT OF CHANCERY, JULY 21. The LORD CHANCELLOR, on coming into Court, said he had now to intimate, as he had done pester- . day, that he would on no a c count whatever consent' to hear motions on one day, when they ought to have been made on another. Ile would not hear, during the present Sittings, a single motion where Solicitors had not delivered their briefs before Wednesday; which was the first day of the Seal ; but he begged to intimate, that this was not to extend to motions which, in the course of the Court, parties were en titled to make at any time when the Court was sit. 'ting, or to motions for which the special order of the Court was obtained. If it happened, as formerly was the rase, that no Counsel appeared during the Seal, he would that moment put an end to that Seal, for the authority of the Lord Chancellor was not to be trifled with. It was, to say the least, most improper to make such application to the Chancellor by mo tions, and not to attend to them. when they were called on. EX-PARTE CRAWLEY IN TIM MMUS OF CRAWLEY A BANKRUPT. We yesterday fully reported Lis Lorchhip's deci sion in this case. Mr. ROSE appeared for one of the Commissioner's, two of them being out of town, and was ready to sub• mit to any order which his Lordship should make. The LORD tnaarcaLLoa conceived he had nothing to do with the examination of the bankrupt, for as the motion was'brought before him by Habeas Coi pus Writ, it became him very properly and fullf-so examine it. He had read the warrant of committal, 'but he thought that it was very insufficient in sub 4 stance. He had read all the proceedings before the' committal, and with all due respect to the Commis, sioners, he must say that he thought their minds had in no small degree been influenced. He (Lord Eldon) had read over the warrant of committal repeatedly, and he was rather inclined to suppose that the minds of the Commissioners must have been influenced, for he must further say that he did not in the least be -1 ieve how it was possible for an honest mind to re main unbiassed. Indeed it appeared to him impos sible to determine how an honest mind could extri cate itself from such difficulty as was laid here, but such bias must have their influence.—[His Lordship then took a general review of the whole law of the case, as we detailed yesterday in our Report.}—He said that so little were law authorities to be depended on, that in one case Lord Chief Justice De Grey and his colleagues had found the answer of one party quite satisfactory ; but when that case was introduced to the notice of Lord Kenyon, he, and all his col leagues in that Court, had found it was most unsatis factory. So much for the difference of opinion'among Judges. Sir SAMUEL Romitty—Your Lordship is perfectly right in the discharge of the prisoner according to the warant of the Commissioners : but I ask to know whether such discharge will go to the full extent of the Commissioners warrant ? . LORD CILANCELLOR—If this was an error merely as to form, and not in substance, he might be cau lk:HlS in discharging it, as it was his duty to see that the necessary forms were attended to. He did nut think the objections in this case proper, and he there fore granted the motion for the Insolvent being dis chfr/ed, especially, after what had passed yesurdak in Court. _ _ Sir SAMOIrL ROMILVY—ThRD I 21111 your-Lordship, ' how can th, jailor discharge him? LORD 'CHANCELLOR—Let the jailor be authorised to discharge him in the common way, for I don't think I can see any other way of doing so after what I stated yesterday. OPZRA HOUSE. clan,* proceeded upon a contingency, with respect to time, which could not be decided. The wile of the testator in the interval would lose the benefit of the will. She was left only an annuity of £'+oo, the 'whole of which the executors refuse.! to pay, upon the ground that there was not sufficient to meet the other objects of their trust. For some time she only received £lOO a-year, in place of A:200. It was hard that while men, to indulge their vanity, left vast sums for the erection of monuments to themselves, their nearest relations should be deprived even of the small allowance bequeathed to them. There were circumstances on the face of the will which rendered it probable that Mr. Renshaw , at the time of its being drawn up, was not in a sound state of mind. By a codicil he withdrew from James Barker the meadow-land of Frank bill, whereas the person to whom it had been left was Thomas Barker. This codicil however was of no importance, because there were only two witnesses to it. The manner in which the life of the testator closed, left little doubt as to the state of his mind at the time. 'The will, there fore, he would humbly submit, must be declared cull and void. Mr. WARRIIN, on the part of the plaintiffs, con tended, that as the will went .upon a contingency with respect to time, which could not be decided, it Was necessary that it should fall. Eight years had now elapsed, and in that time no one seemed willing to do so, and no such thing was stated in the answer. lie contended, that even though lands were given in furtherance of the testitor's views, .they would be 'given in consequence of the desire expressed by him,. add fall, in conseqaence, under the policy of the Mortmain Act. The charity would be the direct awe of the land being so disposed of. l• Mr. HuaNe contended, that the legacies were good, unless they were proved to fall under the oth of laeorge IL It was quite clear that they did not fall 'Coder the letter of that Act, but it was contended, that they fell under the policy of it, and that no MOWS . could - be pointed out for carrying the wishes Of-the testator into effect. Under such circumstan ces the practice was to send the case to the Master for the purpose of making out a scheme. This might be easily effected without infringing upon the Statute of Mortmain. The trustees might him a house, and by that means carry the substance of the charity into effect,• namely, the avert of the indigent blind. That the testator had some such intention as this, appeared pretty plainly from parts of the will in which he directed the trustees as to the point oflocality. His Honour the Vrea-ciutnextima put off the further hearing of this cause. JULY 21.--stensnxiiv AND ATKINSON,. Mr. BELL and Mr. HART addressed his Lordship in the matter of an appeal from the decision of the Vice-Chancellor, who had ordsredthe sum of £BO,OOO, the receipts of the Opera House, to be paid into Court. Sir SAMUEL ROMILLY was heard in reply, and the . LORD CHANCELLOR eventually confirmed the deci sion of the Vice-Chancellor. %ICE-CHANCELLOR'S COURT, JULY 20. SARAH HENSHAW AND ANNE HATFIELD V. JOHN AND JOSEPH ATICINSOI , .7, TIIE ATTORNEY-GENERAL, AND OTHERS. This was a bill filed by the plaintiff, Sarah Hen shaw, the wife of the deceased Thomas Henshaw and Anne Hatfield, sole next of kin, against his exe cutors and trustees, for the purpose of setting aside a will made by him in 1807, and securing an an nuity of 4.:200 left to Sarah Henshaw, by the said Thomas, her husband. The circumstances of the case were these :—ln 1807, Mr. T. Henshaw made a will, in which he Be queathed to trustees, a sum of 420,000 for the sup port of a blue-coat school ; and 1.720,000 more for a blind asylum. By a codicil he left a further sum of £20,000 for the purposes of the blue-coat school, making in all 4.110,000 devised for charitable pur poses. With a view of putting this bequest beyond the operation of the 9th of Geo. 11. commonly called the Mortmain Act, a clause was introduced into the will, by which it was directed that no part of the sum so bequeathed should be laid out in lands, but deposited in the Bank, in expectation, as the testator expressed it, that some other person would purchase lands and buildings for the purpose of carrying into 'effect the charitable objects he had in view. By another codicil, added to the will in July, 1809, the testator declared to be null and void a previous clause, in which he bequeathed to James Barker a certain meadow laud, stating as his reason for this codicil, that it was his intention to have the blue coat school erected upon the said meadow land. A further sum of £lB,OOO was bequeathed to his friend Mr. Atkinson, one of the executors, to purchase an ' estate in Staffordshire. To this bill the executors put in their inswer. They did not state that any person had yet given the land necessary for carrying the objects of the testator into effect. They admitted the receipt of £52,000 of the property, and submitted that the legacies were all valid, expressing their readiness to carry the trust into execution, under the direction of the Court. On the part of the plaintiff, Sir ARTHUR Piccorr contended, that to execute the purposes of the testa tor, lands and built:linge r were pecessary. The clause by which it was left w some other person to provide them, was introduced purposely to avoid tit* opera tion of the Moitinai n Act. Many years mig,ht.elap_se Wow any one was found willing to do this. Th • / the only question would be, bow his intentions could ;be best executed? but he immediately'added, " it being my expectation that others will, at their owa expense, purchase Lands, and erect buildings," they were to ciillect lion* the whole tenor of the w:11, whether it was the intention of the testator that the legacies 4hould be void unless some other person, at his own expease, purchased lands Qr erected bi...4U , - fl ings. If such we-e the tenor of the will ? a serails question would then be left, for it would be ex• itremely difficult to maintain upon principle that pro perty was to remain undisposed of for an ir.detiv.ite time. This, however, did not appear to him :be true construction or the will. The fourth codicil, in which the. testator revoked the grant of Frank-hill for the purpose of erecting a Blue Coat School there, spew ed it was not his intention that the legacies were not 'to take effect until some other person purchased lands, at his own expense, for the purpom of the Charity. This appeared further from his directing that the £60,000 should be left in the firm at Old ham,.under certain conditions, and the interest to be i applied to the Charity. For these reasons his Honour held the legacies to be good. Their application would be a subject for future censideration. There was nothing in the 9th of George If. to prevent the Trustees from hiring lands or -houses to carry the charitable views of the testator into effect. This bill was filed by the plaintiffs, both as pecuniary and re siduary legatees. Had it been filed by them as resi duary 'legatees only, he should have felt it his duty to disimss it. BROW/4 V. HE TATTET 4171 b OTHERS. This rnornitig die exceptions to the report of Mas ter STEEL, in this cause, came to be argued before his Honour the VICE-CUANCRLLOR, pumtant to the directions of the LORD CuANOELLOII. They had beefs argued before his Honour in March last, and it NY.LS then found impossible to understand them. The Solicitors on both sides entered into tom; ex planations ; but stilt his Honour said, that he did not see how the account was balanced. Mr. BELL then endeavoured to explain the opera tion, but the Court was not satisfied. His HONOUR then asked Sir Samuel Hamill, who was of Counsel for the plaintiff), whether he under stood the account ? Sir SAM WEL Rouitty said, that, as far as iv un derstood it, on one side were stated the sums dae to the house ; on the other, the sums dne Item the house, and among those were the sums mentioned to be due to Mr. De Tastet and Mr. be Manght. Hie HONOUR was yet usable to ascertain the prin ciples on which th e account was balanced. When did those debts arise? He wished to know how the £16,144. I ls. Bd. stated to be due to Mangin was, produced? Were the accou n t hooks of the partner ship in ? If so, let them be handed up to him. The books were sent for ; and upwards of two hours was devoted by the Court to the examination of all the items eh imitio, His Honour then said, that he thought the decree was not right, but, at the same time, he could not touch it. The question was, whe ther the Master's report was conformable to the de. tree? If it were, the report must stand. He hoped that be now understood the account ; but, as the tune of the Court had been so long occupied in this mat ter, it'would be better to deter the argument. This day his Honour the Vice CHANCRLLOR gave judgment in the above cause. Sir SAMUZL ROIIILLY, on the part of the Defen dant, said, that as to one class of cases, those in which money was left by a testator for charitable purpcses, and to be expended in improvements upon land, al ready in mortmain, it was clear that such a legacy was good. In another class of cases, that for example cf Fhe Attorney-General and Kendal," it was al lowed, that a pats of the personal property so left might be employed to erect and endow a charitable • • •lishment, in case the gift of a piece of land could be obtained for the purpose. None of the de cisions relied upon by the Gentlemen on the opposite . . side were sufficient to bear them out in their canclu- The Address of . a great..number-of the lie:visa:ate ions In the present irotante, theintention of the Banker., Ship-owners, Traders, and Others, of the testator was clear. It was evident upon the face of City of London, Which wog voted to• Sir WILLIAM the will. that it was not his intention to have any Coins on the Ist instant, having- since been sub• part of the legacies employed, eithet in the purchase scribed by between one and two Thousand signatures, of lands or the erection of buildings. The case of was yesterday presented to the Ilonourable Baronet. " The Attorney-General and Davis,' in which a pur- After the ,inclusion of Sir 'WILLIAx's speech of chase of land actually took place, could not apply thanks:" the company withdrew. into an .adjoining here. When the - Court gave its decision, then would apartment, where the Honourable . Baronet entertained be the time to devise means for carrying into effect the Gentlemen of the Deputation, and the Master and the intentions of the testator. Wardens of the Drapera' Company, with an elegant Mr. HART spoke on the same side. He quoted the cold collation, including - the choicest fruits cat the ease of " The Attorney-General and Watson," in season, ices, and other delicacies. . which Lord Eldon said, that the Court would always CORN EXCHANGE, MARK -LANE, JULY 22.—We favour the Charity, and endeavour to have the in- continue to receive large supplies from abroad, which, Options of-the testator carried into effect, land being with a great quantity left over from Monday's mare either bought or leged for that purpose. He con- ket, has caused very heavy sale this morning in the tended, that the expectation expressed by Mr. Hen- Wheat Trade, and it was with difficulty that Mon 'haw, that some other person would, at his own ex- day's prices were supported. Barley is also dull sale, pence,- purchase lands or buildings, did not amount but seithout any variation in prices. Oats are rather to a condition precedent, and even though such was brisker sale than an Monday. ,In Peas, Beans, and the fact, that it would not render the legacies null. other articles, there is no alteration. The SOLICITOR - GENERAL argued from the case of Toe HARVEST.—Peas were harvested last week, the Attorney-General and Lady Downing, and also in the Isle of Thanet, and yesterday the cutting of from that of the Bishop of Chester, that for effecting Oats and Barley commenced, and in a few days, the object of charitable legacies, other means might should the dry weather continue, Wheat will be be devised besides the purchase of lands, or the erec- begun, the crop of which it is said, was never finer. tion of buildings. It was clear that the testator in+ At Canterbury the Wheat harvest has commenced the present case had no intention that such purchase on different lands in that neighbourhood, and we be or erection 'should take place unless at the expense lieve, with a prospect never more flattering to U of some other person, or by a deed, according to the respective growers. The scythe, we understand, has provisions of the Mortmain Act, which deed he did been partially applied to Oats that were early sown. not live to execute, though such appeared to be his A sample of new Wheat was produced at East iSilu inteption from the codicil, in which he revoked the stead Market on Thursday. gift of Frank-hill, previously made to James Barker. New barley and rye have already been brought to -Sir A. Picini., in reply, said, that whatever may the - Dublin Corn-market, and the fields on which the be the respect entertained for the memory and the former grain was grown, are ploughed and planted talents of Lord Hardwicke, his decisions in cases of with potatoes.- ' iiitute were not those upon which an equity Exectrrioe.+—At an early hour this morning an tawyer would most depend for the guidarics: of his immense concourse of persons assembled in front of indolent. It was said that the le as e o f a h ouse N ewga te, to witness the execution of the following might be taken, to carry the wishes of the t e st a t or per s ons, convicted at the last Old Bailey Sessioaa k . y M : into effect. That, as it appeared to him, cou ld no t .Tins u lichamara and Thomas Battery, for forging rts be done, consistently with the Statute of Mortmain. a will, and Christopher lermiadi alias Clark, fur The VICE-CHANCELLOR said, that the case having highway robbery. Macnamara and Buttery were been so ably argued on both sides, left but little for both middle-aged mete• and of mean appearance t, him to say upon the subject. It was the principle they met their fate with fortitude, and conducted of the Court to give a favourable construction to themselves to the last in a manner becoming their, charitable legacies. The que s ti o n h ere arose u p on a un h a ppy situation. The former was attended by a remedial Statute. The 9th of George 11. was passed Catholic Clergyman, the latter by the Rev. Ordinaly to prevent an improvident death-bed disposition of of the Prison. Fernandi alias Clark wa, a naive ~,f land by taking it out of circulation. The doctrine Portugal, and nearly 60 years of age. The highway of Lord Northington in the case of Kendal, had nu robbery, in which he was concerned, was cane of a application here, for in that case the question was us very aggravated nature—he seemed dreadfully dit to the erection of buildings upon land already in mayed at the awful end to which his Crimes had mottmain. His Lordship's doctrine was not founded brought him, and had scarcely composure enough in principle, though it was true, as he stated, that to listen to the pious consolations of the Ordinary, the erection of buildings would increase the value of 1 who also attended on him as well as Buttery. After the land. Lord Hardwicke's opinion went to a sin- about ten minutes spent in prayer, the fatal signal gular length, but did not advance the remedy. The was given, and the wretched culprits wine launched present case was a singular one. The testator ex- into eternity. William Evison,v‘ ho was to have suf.. pressed a wish to endow' a Blue Coat School at Old. fered the sentence of the law at the sortie time, for ham or Manchester, and an Asylum for the Blind forging an acceptance to a bill, received last night also at Manchester. For these purposes he bequeath- a respite from the Secretary of State's Office. . ed a sum of £60,000, directing that no part of it Monday week, the three unfortunate men, con. should be applied for the purchase of lands or the victed of the murder of Mr. Mathews, the Hese , - 'erection of buildiugs. Had the testator stopped there :Wise:, were executes! in Cavan, IA Leland. 1 ? I h , Vt ' 1 I t 1 1 i. 7 ) .q. i • 9 , '.. ' 1 ' , I I , • , t , •,. i ti , i,, , , , ,t . ~. . ii • ...1 . , '.:.,i i • 1 4 t 1 . it .1 . 1 i i . '3 ! • 1. - i 1 i, . 1 f, I,'. ! , • !, I i I ji 1 . , - - .-- . 1