Star. — London, England, 1818-12-25 00:00:00

fIOtLLIGENCIt . . . IA T 1 lilt hitt iui. *it .J.lsbnn Malta 0 1 1 0 , 6F.CEMBER 24. of London, Gontios, frum and ivory ; Rosalie, Maim irk, with tobacco, turpentine, and pearl ash, out 19 days:— BurriNorosi, for Salem; Pc- MELMAK,forHonduras, having rs 80 British Officers and re- MI, DECEMBER O. Arrived the Hope, Losiz, from on the 22,1 instant, ,saw three iamen, off Ushant. DECEMBER 24. raved and sailed for the River AER, 33 days from Norfolk. . e down from the River, and re- Ross, for Demerara. DECEMBER sm. the Princess Charlotte packet, with a Mail and passengers for morning the Chichester packet, :II a Mail and passengers for afternoon, the Industry, Capt. with passengers.. :14, DECEMBER 22. red the Lord Chesterfield packet, ta, last from Gibraltar, in four kigle, Poota, from the South months—a full ship—crew are -Sailed his Majesty's ship Laa, )OL, DECEMBER 23. etsey, YOUNG, from Oporto for out 14 weeks, leaky, and part shed out. The Clyde, Coox, rived at Newfoundland. Also —, from Bombay ; sailed tpany with the Born bay_Mer- The Bombay Castle, —, for igust—the Diana, for Liverpool, idon, were to sail in l 4 days.— tr, in lat. 6.20. N: long. 2-2. 23. ion, from Calcutta for London. om Liverpool, arrived at Cal ipse, WINTER, from London, on m ditto, 9th July; Essex, from Sarat Castle, WALTER, from ... • L'ol 4 t, DECEMBER 4. ning the ship Samuel and Jane, or London, having lost all her other damage,• in a gale, off the Ina; obliged to work the pumps, :H, DECEMBER 24. Ighing about 13 cwt. marked on the shank—the shank flatseided has been 4 LONDON, DECEMBER *3. .The Prince Royal, Wardlaw far Rio mon, for ditto ;.the Regent, listen...foe e. Turley, for Philadelphia; futegrity, koperor Alexander, Dawson, ller fah- China ; and the Lapwing, Brooke, for -The William and Mary-, Hesseivrodd, Terwasting, Claasen, for Amsterdam; 'or Hamburgh; Britannia, Himlyn, fur :on, for the s , editerranean ; Jong Mar ; is,:d Upton, Stanworth, for Genoa. ,cinder, Foster, for Jamaica( William .eghorn; Christian, Futhetingham, for Parry, fat Cayenne ; Ariadne Handl- Ellam Pitt, Graham, for Chi na ; Mar- Hamburgh. Jam:soca I.4.—The Brothers, Smith, Kidd, from St. Michael's; Emulation, 'ork ; Diligent, Kenning, and Eliza, ; Resolution, Roberts, from Whoa ; trout Cadiz ; Aim and Sarah, Roome, last, at three o'clock, the Pre at stationed at Atherfield, com es MAJOR, Ring on the luilt-out Point, at the back of the Wight, til boat with a running bowsprit, elen's, called the Fanny, laden rohibited spirits, and four Isle of board. The boat, cargo, and d• to the Custom-house, Cowes, ;ulations jirect.tig that seizures , uso boats, shall be delivered to n- prosecution, the seizers were Newport, five miles further, to Excise officers for the custody of lzure will turn out a good Christ stom-house officers, as capturing d men, gives them claim to the h, with their own, will yield them Is within the Wight, was very con 'eek, having given occupation to sels and boats, and 2000 men.— it Portsmouth, Cowes, and South ce per dozen, and best cod fish sch. Al•Ghie, a seaman belonging to L, lying at Greenock, just arrived Jew Brunswick, accidentally tell and before any assistance could 'as drowned. _ _ _ L'aptAin'of an American ship, lying ;ks, fell over-board, and was un d. Copper Ore, which two yearn since was a fortnight since L 159, and is This high rate has given renewed sirit of mining adventure. in Monmouthshire is so much re s branches, that the present Works supply the demands. auction in Exeter, two very old •ld for 2s. one of which proved to itching about 22 ounces: the Auc licence . - a sell silver, the purchaser ssessioo of his prize. T, U. 25.—lief, 4s. od. to ss. Cd. per I, 4s. to Jae& Veal, 3s. to 6s. 6d. Pork O. lab us. Cattle at market—Hearth 460; . aid Lambs, 3,730 ; Pig* 260; Um, pet oerjl. to 91. Os. Straw :J. 311. to Una. o business done. LAW LNIELLIGEIi'd. ...-' 1 VICE etiAileELtOß 4 B COURT, Ind.,* EARL SHAFTRESURF O. THE DUKE OF MARLIOROUOMA At the sitting of the Court this morning, Mr. HORNE begged to remind his Honour, thi: he had, yesterday, promised to reconsider the nature of the Petitioner's charge. He now was able to say, that this claim di 4 not extend beyond the rents and pro fits of the Steeple Barton estate. He certainly had no right to mortgage it. The claim, therefore, should be confined to tents and profits. There could be no cpiestion as to the title of the Petitioner to have his indemnity made up out of the personal estate of the late Duke. In the mean time, though if he had it . in his power to sell the estate, it was evident that this proceeding could have no effect farther than to indemnify himself for a few years, and eventually to lose his own security. The VICE-CHANCELLOR intimated, that it would be for the benefit of the Petitioner to have the Mas ter's report plated out of . the consideration of the question altogether. He never could reach what he contended for by a reference to the Master. He will have to contend that the effect of this agreement with the late Duke was to have his indemnity gua ranteed generally, and that the guarantee was to be effected as Counsel should advise. Now, he might contend, that if a mistake was made common to all parties, as to the value of the indemnity, that he had a claim to have the insufficiency made up. His, first claim, therefore, would' come on the testator's personal estate, and a difficulty would have arisen as to his power to do that, if the testator had not, by an express Will, made his personal estate liable for the debts of his real estate. Lord Clifden had an equity arising out of the circumstances, which it would not have been in the power of the Master to recognize. He would only notice the Master's re port then. before the Court, by directing upon it the receiver of the Steeple Barton estate to pay the Pe titioner the rents and profits of it, for three years longer, (being the remaining part of the term of the Petitioner's agreement with his tenants on this estate with respect to tithes), these payments not exceed ing the difference between the full amount of the tithes and 801. This order was to take effect with out prejudice to any future proceedings to be in stituted by the Petitioner in this Court. His course, therefore, was to -file his bill, and endeavour to work his equity through the Court without any interfe rence of the Master. Mr. HART suggested an addition, that Lord Clif den might be at liberty to lay proposals before the Master for the better letting of the Steeple Barton estate. His HONOUR said it would be necessary to make it in this form, that the Master should be at liberty to receive proposals from the Duke of Marlborough or Lord Clifden, for the better letting of this estate. Mr. BELL acqaiesced, and said he was sot-prised that'there was only one case in the books, bearing in any manner on the question. THZ EARL AND COUNTESS Of YARMOUTH V. SIR JAMES MONTGOMERY AND OTHERS, EXECUTORS OF THE LATE DUKE OF QUEENSBERRY. Mr, HA... stated that this was a petition by the touitt l ess of Yarmouth, praying for an order of the r Court, calling on the defendants to assign to Lord Yarmouth certain chattel interests, bequeathed to Ur by the will of the late Duke of Queensberry. The principal object of this application was to be enabled to put a valuable house and its premises, situate at Richmond, in a state of repair, and to preserve them from a decay which threatened to be ruinous. Lady Yarmouth was one of the specific legatees under the will of the Duke of Queensberry ; and the legacy our thorised her to appoint trustees, by leaving blanks for their names, to hold the estate to her sole and se parate use. The only difficulty he had in this appli cation arose from the circumstance of the blanks not being yet filled up. The petition only stated that her Ladyship wished to appoint Lord Yarmouth, as the trustee, and prayed that the estate in question might be assigned to him in that capacity. The Lord Chancellor had already ordered a considerable number of pecuniary legacies to be discharged, out of the sum evidently forming a surplus above the amount of legal claims, as far as those legal claims were already adjudged. Mr. TROWER, for the Executors, declared that they had no other objection to the prayer of this petition than that it might affect their own responsibility in the event of the assets piciving in adequate to the pay ment of the debts. He did not know that it was, but it might be the intention of the petitioners to sell this estate. He hoped, therefore, that the order would be drawn up in qualified terms, so as to give full security to the Executors, in the discharge of their office.—(Sir A.Piggott said, no intention to sell existed.) The VICE CHANCELLOR thought this almost a re proach on the past proceedings of the Court in di recting the payment of pecuniary legacies, to express any apprehensions that the Executors might be preju diced by the order which was now applied for.— Though it could not be granted till the present bill should be amended in point of form, the substance of the prayer appeared to him, especially after what had been already done by the Lord Chancellor, to be a matter of course. At the same time there could be no, impropriety in drawing up the order for the Executors to assign, in terms which would make the legacy still subject to such claims as might exceed the personal estate. THE ATTORNEY-GENERAL U. THE DUCE OF MARL ROROUG:I. His HONOUR, on Monday last, intimated his desire that the discussion of this case, with reference to the Act of Parliament, giving £5 OOO a-year to the Duke of Marlborough, should come on the first, after the hearing of the cause petitions. Accordingly. the Counsel for the Demurrer was heard at great length this day. Mr. BELL, in obedience to the wish of the Count, had prepared to argue the question, as if the Act just mentioned was contained• in the Bill, and was taken in by the demurrer. He thoright the point which the gentlemen opposed to him would have to II contend for, was one of extreme difficulty. It could not be denied, that the power of committing Waste was incidental to ali estates in tail., This• was a sim ple principle, and it would be for them to thew, That there was,something in 'the Act to do hammy. If it was ineant that the Act did it by WO - cation, he de- ..... ~ sired that it could be io clotte The terms should be' a. 74, ihai the eciuiveeal Meaning iiiiinf i clear and unquestionable: He submitted, that if the part of an • Act was to be explained Legislature did oat intend at the successive Dukes' the contordant sense of all the Acts should be free from impeachment of Waste, and that i The last Aci, therefore, filled up whit it was to be left to their own feelings to protect the ,to make apparint the sense of the i egit estate against destruction, they would have dearly former Acts ; and it was undeniab l y a , so expressed it in the Aci by limitations to that effect, elusion from the whole, that the House or given it to a guardian, as they did in the base of as a third branch of the Legislature, gave the bake of 'Wellington. They could never mean a year, to be applied to ilie support of that the taste of those days impressed on the estate, and honour supposed to be contained i should remain until the end of time. But if the ar family mansion, in order that there might -_ gument of the gentlemen opposite meant ,any thing, to all ages, iii which each branch contributed it must have amounted to this, that the es to and its Blenheim; therefore, was a principal and ,• ornaments should remain in the very same position ject annexed to the title, in order to be it was placed in by theoriginal Duke of Marlborough, nument of the illustrious services perforMed They might as well contend, that the Parliament of Dake of Marlborough. Was it not absurd, Henry 111. could oblige the Barons of those days, fore, to say, that this Blenheim so annexed, and their successors, to remain in their castles, with- so maintained, so long as the dignities • out the power of altering them to this day. But it Act were to be en' d joye —so generally was obvious, the Legislature in the time of Queea by the branches of the Legislature as Anne, could not have meant so much in effect. No of a great national era; was it not Duke of Marlborough, if that doctrine were good, that this Blenheim was intended by , could ever remove what was once placed as an orna- to be swept away from the face of the meat on the estate, however obsolete it might have or at any other time? The Duke of ' become. So that when one part of the trees were so must be considered to have no power Arranged as to describe the battle of Blenheim, and the house—no power to destroy t hat `another part to describe describe twelve signs of the zodiac, rily tended to the shelter or ornament G. she had seen done, the Duke could have no power When the Court should have to execute to touch these ornaments, however incongruous and the construction of this Pension Act, it grotesqtle. no great difficulty before it. It would The Vies Cnawestr.on sail, that the line of argu- encounter so much obsuaction as had meat was addressed to a point which did not then in distinguishing between what was done arise. The point of equitable waste was already dis- with the shelter and ornament of the fat t ..- Supposing the successors of the Duke of and what was done tending to destroy Marlbotttugh Were at liberty to makealterations, upon ever the Duke might hereafter commit the view of the case under the circumstances of the the estate, it would be for those in remainder r., estate being subject to the jurisdiction of the Court, what was the nature of the waste committed, it could interfere, and see whether such alterations the Court would not hesitate to interfere - were consistent with the sheltering and ornamenting it from every equitable intrusion. the family mansion of Blenheim, or whether they His HONOUR intimated to Mr. Bell, tended to its destruction. , stood the Lord Chancellor would sit a Mr. Bui.t argued, in substance, that taking each the Seal. He himself will not sit until , Act connected with the grants to the Marlborough COURT OF KING'S BENCH, DECEMBER family separately, and examining them, he coupSLANDRR.--SROORS V. BRITT I not find any such thing as an intention on the part The only case which was heard to-, of the Legislature, to restrict the successors to this which was an action against the defendant, estate, beyond the mere power of alienation. If they did intend so, they would have expressed their inten . ing used words of the plaintiff, charging Lion by words, or they would have made a guar-lan the . commission of an unnatural offence. The to provide against waste, if they intended that the ration averred that he had said of him - successors to the estate should be restricted from an a man better than a woman." To whit , dant put on second the single plea of r absolute dominion over it. There was an extreme Mr. MA recur stated, that his el:- difficulty even in the principle contended for on the .other side ; namely. that die power of enjoyment tiff, was a young man who had hitherto was granted to the Dukes, without the power of alte- an unblemished fame in the world, ration ; and this difficulty arose from the uncertainty lament the loss of every claim on society, . of ascertaining where the ornaments ceased, and quence of the prejudice which this malicions where the enjoyment began. But the Legislature im- had raised against him. He had lived '- plied that the family was the best jut iat of what was of time, up to August last, in the defent beneficial to its own character, and it would be most at Waltham Abbey, and worked in the Mr. Peak, of that place, at his trade, anxious in preserving it. He would beg to observe that the whole of the Bill only applied to the timber, of a tin-plate-worker. Finding some and could have no reference to the house. So that accommodations, he thought proper if the injunction could prevail as to the house, the house. He met the defendant a few .. at the Sun public-house, when some demurrer would still be good as to the woods. The VICE-CHANCELLOR said, though the Bill did cation having arose between them, he not mention the house, yet• it was necessarily involved with having been guilty of a crime, in the discussion, because the demurrer vindicated the which,. human nature 'revolts in horror. general right to waste. His opinion on the subject In consequence of this, the plaintiff of equitable wastealready delivereti, would not allow the service of Mr. Peak ;het as the _ him to give his sanction to destructive waste. It was mission of which, was one which armed not the intention of the Legislature, that the obsolete against him, it eventually robbed him taste of the days of Queen Anne should continue as h is fame ' and his aIL impressed on this estate to the end of time. The' Matthew Bateman, the brother of i Duke could make alterations on the, estate, provided implicated in the charge, bore testimon they were consistent with the honour and dignity of der ased at the SUR public-house, in the family. Then the question would be, if the Cut- This was not the first time the words , ting of the*imber was for the destruction of the this meeting was brought about by some estate, or for the honour and dignity of the family. "tiffs friends, toelieit fromthe defenda Mr. WRAY, for the demurrer, argued, that no re- having used them. Instead of that, his first assertions.—(This witness was ference could be made of a restriction, which, if it detail of circumstances'so offensive air.. was meant to be laid, was too important not to be d made the subject of an express clause. The first Act human nature, that the Court interfered, did not give to the Duke the grant of the estates in get his examination might not be prolonged than justice required.) order to be made perpetual, to him for the support of Witnesses were then examined on , his honour and dignities, for they were vested in him defendant, tending, in a great measure, in fee, and he could have sold them the next day truth of the assertions he had made. The second Act did not create any further restriction The CHM Justice charged the ' upon him ; neither did the third, or the pension Act, for that was merely a re-grant. The £5,000 a-year merited severely upon the evidence .. was given originally by Queen Anne during her life- who, his Lordship said, had forfeited s time, and the House of Commons only altered the that finest of female attributes—deli terms, by rendering it perpetual. There was noth;ng part she took in this transaction. in all this, implying an intention in the Legislature had not delicacy, they must not tale to make these estates an exception in any manner racity ; and, from the combination from the general laws of estates in tail. . with circumstances, the Jury wout very light damages.—Thedury, after Mr. HAMPSON , on the same side, said the Lord Chancellor decided, that the estate and manor were gave only One Farthing damages. COURT OF COMION alienable to creditors, but that the pension Was not ; PLEAS, DI COLUNSON V. ARDLIP and he contended from that, that a pension so dis- This was the only remaining Speci tinct in its limitation could not be given for the sup the lat. It was an action f6r assail] port of the estates. The defendant was charged in the The VICE-CHANCELLOR said, after all he had heard upon the subject, that the impression was still h aving assaulted and beaten the plait ship called the White, imprisoned unchanged, which he had received from perusing the Act, in the first instance. He disclaimed all author 'n double irons, for two months together. tfendant had pleaded, that the plaint rity to construe the terms of the Act contrary to the mutinous conduct, and that he had intention with which it was drawn up. The triton- violence than was requisite to -main:— tion was to-be collected from the language of the Act ; and a necessary implication constituted as of the ship. Upon.this issue was joined. was not gone into, the plaintiff havie -- much the meaning of the Act, as what was directly a verd ict conveyed by any words in it. In explaining a parti- for £5O damages. WHITELAMB V. RITCI cular Act, all the Acts on the same subject were to This was an action for education, be looked into for the purpose. It was not by refer ring solely to that particular Act, but by taking the &c. furnished by the plaintiff to the r collective sease of all Acts on the same subject, that count of a natural child which had any particular Act was to be explained. The que.- the care of Mr. Ritchie. Mr. Serjeant Laws, on the part tion, it was said, was not as to the house ; and if the defendant asserted no power to destroy the house, ' frained, from motives of delicacy, the Court needed not to entertain the question as to names of those parties who were his right. But his expressions in the demurrer were case ; and called ..only two witnesses vague, and it was a principle of the Court to confine however, the case was completely - all vague expressions. When the Duke, therefore, rased that the plaita.i . ff was a V asserted his right to cut down timber and commit Mr. yenning, 2n Copthall - conrt, other waster , it was to be interpreted as meaning of whom this child livinghad been brought up . waste, lindens generic, and then the question would the delendant had been :us eminent merchant be, if he could cut down all the timber on the estate ? City, but had lately been unfortunate ir Now, did the Legislature intend that the family man lion should be maintained ? Looking at the Acts, and pally nsidering them in their collective meaning, it was g impossible that any man, with common sense, could For the last eight or ten years he 12 resident abroad ; and during F louted to pay any thing for the ca of his-Child; who had now arrived avoid being convinced that the Legislature did in- Telarp.,„! being at the rate of £25 for The sum n ow claimed b: tend to maintain the house of Blenheim free from ,c.t) sa t o% The July gave ar verdict for t l any injury, to the latest time. His Honour referred to the Acts, and dwtlt upon them successively , demon - magas referred. Sittings are no. IEIII4 Paitiiidai by referring to on the subject. at was wanting igislatuie in the i necessitry con- 1 , se of .summons, ay; this L',5,000 t of the dignity :d in a 'splendid ght be a record tributed a part. nd distinct sub- -1 be a public rno- Tformed by the t absurd, there- annexed, to be tides under the • ay looked upon as a monument absurd to say, the Legislature the earth, now, if Marlborough - T of destroying • t which necelsa • - it of that Nouse. cute its duty on , it would have Ild not have to rad been urged, lone consistently family mansion, y either. When- nit a waste upon , mainder to state • committed, and rfere and protect 1 • 1, that be under- a few days After nil the Seal. ZCEMBER 21. I TTAN. ' aday, was this, endant, for hay- trging him with nce. The dada- ss that he loved which the Jelin- f Not Guilty. :lient, the plain- serto maintained but had now to ociety, in cove- malicions report ved for a period efendant's house, • the employ of a , which was that me fault with his er to leave the days afterwards, ne trifling alter- he was charged e, at the idea of irror. ff was dismissed crime, the corn- med all mankind • sins of his peace, of him who was nony to the slan- n August last.— ds were used, but some of the plain- nditrit a denial of :, he persisted in was going into a and degradingtp 4 ' erfered, and beg- prolonged farther in the part of the 'sure, to prove the e Jury, and COM. of a Mrs. Littler, :ed every notior of —delicacy, in the But •though she ink she wanted ye- of her testimaiy Id do well to give ter someheiita:ion. DECEMBER 24. .YR. iecial-Jury case on ;sault and battery. the pleadings with laintiff, on board a him, and put hi% f‘ :ogether. The de- intiff was guilty of td not used greater intain the discipline joined. This case Lying agreed to tale .IHIE. in, board, lodging, se defendant, on ac- id been entrusted to of the plaintiff, re•• r, from stating the e concerned in thie messes ; by whom, , made Gut. It ap• warehooseman to a • I-court, by the wife inklit up : and that nt merchant in the mate in his business he had bees prieci- tg that time had rtes care and education 1 ed at tite age of 14 sy the, plaintiff was )rten years. „ r the plaintiff—Da- nOw finished.