Star. — London, England, 1818-11-28 00:00:00

INTELLIa ,NCELLOR'S COURT, NOVEMBER 27. LEDGE V. MOILL. arose from a clause la the Will of Miss sgill. Sir Charles Asgill, on his marriage, 10,000 upon his - Lady during her life, which her death, was to be divided, share and , among their children. After his death, the life-time of Lady Asgill, Miss blarriet and by her last Will, written by herself, expressed, any litigation, she arranged which she bequeathed to her brother, sisters, without specifying the share to was entitled by virtue of the settlement. annexed to the Will she observed " if remains unemployed, I leave it for cha . dopbt, therefore, occurred, whether the r:2,500, to which she was entitled, after the - mother, was intended for this purpose. for the plaintiff, stated the parties of perfectly amicable, wished only for a The context of the Will proved that she the time of writing the Will, that all her bC2:I bequeathed, and that in the codicil considered my small sum which might for the defendant, argued, that this co t bind the executors to expend £2500 it was evident that the testatrix had no view. (1 A KCELLOIR observed, that the question le clause of the Will, wherein the testa that whatever money was unemployed, ten for charity. By the use of the' word Will, the meaning of the word in the be ascertained. In her Will she be property, and spoke of it under the y ; the Will, therefore, should be obeyed, the Solicitor. General, who was entitled - of it, would take care to apply to the purpose. The costs of the present applica be taken from the residuary estate. LADY TEMPEST V. ORD. stated, that' in this case there were two presented to the Court ; one for the confir of Master's Report, relative to the sum to be allowed as .an annual salary to on account of the arduous duties he perform as Manager of the Collieries : and .Ahich prayed that the Court should order to be paid to the assignees of Mr. Mow account of bills which he had advanced for • the assignees considering it proper that paid off. The bills were not paid, , to be delivered up ; and on the part Ignees he contended, that the balance due forthwith appliel for the liquidation of his had been only one doubt, as he was' the subject, which was, that Lady Tempest had said that she had paid cer proportions of the outstanding bills; and the mo - for the Report being confirmed, stood _ an opportunity to the other side of affidavit on that subject. :E-CHANCELLOR thought an order had been . on that point. admitted this, but the Court understood open to any objection that Mr. Hart !need to make ; and he should be, there 4py now to hear what that objection was, existed. 'was of opinion, that the duty of op-. aster's Report ought to have fallen on friend to the infant, but as that friend it, he would on behalf of his client ob were objections before the Master on he was surprised how he got over ,ate Sir Henry Vane Tempest employed as his agent in the collieries, and al . a salary of 1:300 per annum, which afterwards increased to 4:'500 to the satisfaction After the death of Sir Henry Vane Tern- Court had taken the protection of his pro was referred to the Master, to enquire per person to superintend the collieries, agreed to appoint Mr. Mowbray. It iggested to allow Mr. Mowbray double uch he received from Sir H. V. Tempest, • agreed to, it was submitted to the Mas more per annum should be allowed. he could not see the reasons which luet tt such an appointment, except it was i t, prevent the infant from growing too • her minority. . declared he was totally unprepared to facts, and he thought that a cross petition presented. He submitted to the Court the usual course. ,:HANCELLOR considered it to be so, and petition should be presented. hoped Lady Antrim would not be put e of doing so, as it should be recollected the nearest of kin, but had solely come a determination that it would-be highly tier to shrink from her duty in protect property of her child. He appeared as Coon her, and. felt she hat done right in thus forward. The Court ought also to recollect, Mowbray was quite contented with the sa '• paid him during Sir Harry Vane Tem id the duties he had now to perform Perhaps he ought to go further, and only were the duties of the office not so justify' this increase of salary, but in , much diminished. When he received had to discharge also the duties of a the estates, but that office was taken' ail . assigned to another person by the or- Court. Were, therefore, this Report , , be confirmed, Lady Emily Vane Tem..' compelled to pay £1,600 annually for' t done in the life-time of her father for. new Receiver had 12600-allowed him: Such was the case, and in such a si-4 ings he did not conceive the Court would. Report, nor give the 4:1,000, the duties being now less, instead of being what! formerly in Sir Harry's life time. 7ELLOR.-" We must look at this case, respectable names concerned were not con ,ll it. It was referred to the Master what `could be made to the manager. He fixes £l,OOO. The next relation does not allowance; but the defendant says; . . ' : •.. . .. L. 1 . 1 VICE-CHAN [ 111 This case ar Harriet Asgill. settled 4:10,00 sum, after her ‘; ' •• share alike, ar .1 . and during the Asgill died, an 11 1 to avoid, as it li her property, s mother, and si . , fwhich Or was '! I ; In a codicil at I f any money ren 4 . 1 41 rity. ". A doe . ' "sum of £€3,500 • i death of her m Mr. BELL, fl , ,! this suit, being decision. The supposed, at th property had h she only consi • , remain. Mr. HART, f c i 1 : dicil could not in charity, for i . 1' such object in 1 The VICE- CI rested upon the trir declared, tl should be give' money in the codicil could t S, queathed her j; 1. name of money 4 and this snm tl to an account o destined purpos i t tion were to be !•I . 1 Mr. BELL .st: petitions preser 1/ • . '1 • - minion of the I 'which ought cc Mr. Mow bray, - had to perform the other, *hid certain sums to bray, on accout the Collieries, tl they should be but were ready 1. 1 of the assignees etould be forthl debts. There •I: j k, , t istructed, on Emily Vane Te fain proportions • tion, therefore, 1 1 over to afford . making an of is The VICE-Ct formerly made • . 10 Mr. Bela. ad the case lay of might be induo fore, very happ; 1 if any at all nil Mr. HART - W posing the Mas 1 the nearest frier had not done it, 1 1 ject. There wi this head, and them. The late 1 Mr. Mowbray lowed to him ; • . • was afterwards of both. After • pest, the Court perry, and it we f" who was a prof: when it was al ii .. ,i ' was then sugg the sum which . which being ag ter, why £5OO For his part, I could influence f e determined to S . rich.during het i: Mr. BELL de meet such facts ought to be pre that this was th The VICE-CE ll , that such a peti Mr. Haar h i.. to the expense e she was nut the forward from a improper in liei ing the propert sel for her, at 1 !: coming forware ; .. that Mr. Mosel: Lary of £5OO p pest's life, and were the same. say, that not or • .., extended as to, • fact they were i the £5OO, he li Receiver for t • , I from him, and der of the Col the Mester to b . : pest would be c , 'S t . what had been 500, as the n . by the Court. tuition of thing • sanction this Re I '', of the office bei . ey were form VICE-CIIANC! . I . as if the respec rested with it, i• ~ allowance show. Ll:e salary at 1.: I e.::, , zct to this cl:1211/111111111.111111 .. . that if £5OO were competent formerly, that was equally competent now; since Mr. Mowbray then paid the same attention as at present: These, lurk ever, are matters of fact; and in'such cases st-toan. ter-petition is necessary. Mr, Mowbray: must be enabled to meet your objections,. old I mu* there fore call on you to state them in such A form as shall give him that power. This, it appears to .me, can be done only by a petition. You will therefore inquire whether Lady Antrim is disposed to do so. I hope,, Mr. Hart, you see the justice of this ptoceeding." Mr. HART.—" Certainly ; I hope your Honour' will allow us a-few days delay." Mr. BELL said, that in the case of the Pulteney Estate, where £1,200 was given to the Receiver, it had been sanctioned by the Lord Chancellor. Mr. HART, alluding to the second petition. said, that he was informed that bills to the amount of £1,152 had been paid by Lady Tempest. Mr. BELL stated that this fact was to have been stated on affidavit. He wished very much that his clients could be furnished with lists of the bills which had been paid, as they might thus be checked and compared with the books, and the real balance be thus ascertained. Mr. MARTEN remarked, that when the case was last before the Court, it was said £6OO was due, de ducting the bills paid. A long conversation took place on this, which, however, ended in Mr. Marten's stating, that as a mere matter of account, it might as well be settled out of Court. To this suggestion the other Counsel consented. The VICE-CIIANCELLOR directed Mr. Hart to give, an answer, as to what Lady Antrim intended to do, by the first seal. . . . . . . The costs of the inquiry were ordered to be paid out of the balance due to—Mr. Mowbray. COURT OF KING'S BENCH, NOVEMBER 27. PUBLIC..IIOGSK LICENSING: Mr. GURNEY obtained a Rule to show cause why a Criminal Information should not be filed against two Magistrates of Middlesex, at the instance of J. B. BEAUMONT, Esq. upon a motion postponed from the preceding Friday. EX TA RTE VOGEL. On Thursday this person was brought up, under a Habeas Corpus from Newgate, for the purpose of being discharged, having been committed to that prison by virtue of a warrant of Commissioners of Bankrupt, acting under a commission issued against a foreign merchant, residing in this country, named Ehrenstrom, for not having satisfactorily answered certain questions put to him by the said Commis sioners, as a witness, touching the concerns of the said Bankrupt, of whom he was a creditor. The Habeas Corpus was moved on the ground that the commitment was illegal, inasmuch as the questions appearing upon the face of the Commissioners war rant did not Import any inquiry relative to the bank rupt's property, estate, or effects ; but were irrele vant and impertinent to the subject matter to which the authority of the Commissioners must be legally ' confined—namely, the bankrupt's estate and effects. It appeared that the questions set forth in the Com missioners warrant had no direct reference to the estate and effects of the bankrupt, but principally bore upon the witness's knowledge touching inter views, which he was supposed to have had with the bankrupt's wife, and also as to when and where he had seen the bankrupt upon particular occasions From the answers set forth in the warrant, it appeared that the witness had given replies importing a total defect of recollection as to the points put to him, it appearing at the same time, from the affidavits in support of the motion, that lie was a foreigner, and had only been three months resident in England at the time of his commitment. The present motion was therefore made for the discharge of Mr. Vogel, on the ground that the ques tions so put to him had no direct reference to the bankrupt's estate and effects; and it was contended, on the authority of the case of es party James 8 Yes. jun. 337. that although some of the questions set forth in the warrant of the Commissioners were le gally put, still if the rest were not authorised by law the commitment was bad, and therefore that the party was entitled to his discharge. In furtherance of this argument the 5 Geo. 2. c. 30. s. 18. was referred to, it being contended that that clause had reference only to matters of form. On Thursday, Mr. SCARLETT and Mr. GURNEY were heard in support of the prisoner's discharge ; and this morning Mr. MONTAGUE and Mr. F. Pm- LOCK were heard on the same side ; and each of these , Learned Gentlemen, with their usual ability and learning, enforced the arguments above-mentioned, on behalf of their.client. Mr. TOPPING and Mr, Cunwoon (the latter of whom was stopped before he had finished his argu ment) were heard in support of the legality of the commitment. They contended, that even supposing some of the questions put to the witness might not ' have direct reference to the subject matter of in quiry before the Commissioners,, yet as all the ques tions substantially bore upon the conduct of the bankrupt, in respect to his property, and as tbOsr questions were not satisfactorily answered by the pri. soner, the Commissioners were justified in his corn. mittal, until he should satisfactorily answer such questions. The COURT were unanimously of opinion, that although the questions and answers, taken separately, might be objectionable, yet, when the examination was taken altogether, it appeared that the witness had conducted himself in such a manner as to justify, his commitment, inasmuch as the answers he had given were apparently evasive, and not satisfactory to the inquiries put to him. Two of their Lordships,, however, were of opinion, that supposing any of the questions to have been satisfactorily answered, thel Court was authorised, under the 18 a 5 Geo. 11. c. 30. to alter matters of form, and remand the party to his former commitment, until the relevant questionsl were satisfactorily answered.—Prisoner remanded. _ . TIM XING V. PRXDERPO WOODS AND N/CROLL WOO] On a former day Mr. Scaaterr moved for and obtained a rule to show cause why a criminal infer-, nation should not be filed against Lieutenant Fre-I dericWoods, an officer in the army, and Mr. Nicholl, Woods, Town Clerk of the &rough of Cardiff, for , using offensive language towards a gentleman nam-, ed Peter Taylor Walker, constable of the Castle or Cardiff, tending to incite him to f►ght a - duel with , the said defendants. The affidavits on which this: motion was founded, stated generally, -that op the 25th of June Mr. Walker was proceeding to attend a County Meeting in the.neighbourhood of Cardiff, relative to the nomination of Candidates for the County Election ; and having occasion to stop in that town, he was alighting from his carriage, when accosted by the two defendants in very offensive lan guage, they respectively calling him " a scamp—a blackguard,' and other opprobrious names. It was sworn that one of the defendants was asked by a bye stander, whether he meant to challenge Mr. Walker, by the language which-wauttsed? To which Lieu tenant Woods replied in the affirmative, saying, that he so meant it. Under these circumstances the Court granted the Rule to chew cause. Mr. GOULDEOURNE now showed cause against the rule, and produced affidavits on the part of the Messrs. Woods, tending to skew that Mr. Walker had been appointed to the office of Constable of the Castle of Cardiff (a mere Ministerial Officer, whose duty it was to administer the usual oaths to corporate Offi cers in the Borough), under the influence of Lord Bute ; that Mr. Walker was not a freeholder of the county, nor a Magistrate ; that he was not a resident at Cardiff, and only visited that part of the country for electioneering purposes; and that he had keen in the habit, for a long time, of using the most offensive language, and observing the most irritating conduct towards the defendants, but more particularly to wards their deceased father, on all occasions. &fore the Learned Counsel had quite finished his address to the Court, The CHIEF JUSTICE interposed, and said that the . Learned Counsel must be quite sensible that this application was an appeal to the discretion of the Court. The language which they admitted to have used towards a Gentleman (for such he must be con sidered from the situation he held) was grossly offen sive and provoking, and sufficient to warrant this application ; it therefore appeared to his Lordship that this rule ought to be made absolute. The other Judges concurred, and the Rule was made absolute. NEW STREET.-PX-PARTE PERRAM. On a former day Mr. CHITTY obtained a Rule for a Mandamus to the Commissioners for making the New Street from Carlton House to the Regent's Park, commanding them to issue their warrant to the High Bailiff of Westminster to empannel a Jury, to assess the damage done to Mr. Ferram's 'premises in Picca dilly, which were injured in consequence of pulling down houses in the intended line of the New Street. Mr. HARRISON and Mr. GURNEY were now heard against the rule, and Mr.SCARLETT and Mr. CtttrrY an support of it. The COURT, after hearing the arguments of Coun sel on both sides, were of opinion, that the Manda mus ought to go, and held that under the clause of the New Street Act, upon which the motion was founded, the Jury ought to assess damages for the injury done, not only to the plaintiff's house, but also to his furniture and business, in consequence of the removal of the adjoining houses.—Rule absolute. THE ICING T. PYBUS, JAARATT, AND GIBBS. The COMMON SERJEANI moved that the rule for a criminal information against the defendants, which he had obtained on a former day, should be made absolute. It appeared that the son of Jarratt had thrown a squib at Mr. Bertie, an attorney, residing at Maidstone, which injured his person and clothes. He immediately took vengeance on the supposed offer.- der, by striking him twice with his fist, and afterwards with his umbrella. He also took out a writ against the young man, which the fathef caused to be read in a public house at Maidstone, and which he after wards stuck outside of his door, on a leg of mutton. By this and other acts of aggravation it was alleged that Mr. Bertie was made an object of contempt and ridicule—so much so, that when he went out he was followed by a mob of boys, shouting "'Wine Hata !" Mr. Scriatarp, who appeared for Jarratt, described the transaction as too ridiculous to call for the'inter positiod of the Court, The great offence was the sticking an attachment of privilege oit a leg of mut ton, and raising a cry cf "Ware Hawk against an Attorney of Maidstone. The CHIEF JUSTICE—" Is there no way of putting an end to it altogether?' • • The COMMON SERJEANT Said his client only wanted to proceed about his . business in peace. If the acts complained of were continued, he would be driven from Maidstone. _ Mr. GURNEY, on behalf of Mr. Pybus, 'said, that his client's whole offence consisted in having said, when he read the writ at the Ilaunch of Venison public-house, in Maidstone, " This is a lawyer's check to pay a butcher's bill of three years standing"—and, when he came to the signature of Sir Vicary Gibbs, he exclaimed, " What the devil has Sir Vicary to do with it . The COURT thought that this was not a case which called for their interposition by criminal information. It appeared that Mr. Bertie had taken immediate ven geance upon the younger Jarratt, for the injury he had received. His subsequent proceedings .by writ of privilege, without communicating with the boy's father, in order that further satisfaction should be af forded him, by apology or otherwise, was highly improper, and therefore deprived shim of that pro tection which he now claimed. But as the conduct of the defendants was also highly culpable, their Lor dships should not discharge the rule with costs. Rule discharged without costs. COURT OF COMMON PLEAS. GOLDIE V. ROBINSON AND ANOTHER. In this case, which was tried at the Sittings after' the last Term, at Guildhall, before Mr. Justice PARK, and a Special Jury, who found a verdict for the , Plaintiff, a rule Nisi had been granted early in the!, present Term, on the motion of Mr. Serjeant and this day was settled for sheaving cause againstil - the rule. The circumstances of the case are as fol lows :—Plaintiff, who is a merchant of London, con signed a cargo to the Defendants, 'who arCresident at St. John's, Newfoundland, with directions to them, to dispose of the cargo and to apply the prodtme tol .the purchase of fish to be shipped for Demerara in the same vessel (the Harriet) which took• out thel cargo from London. The plaintiff- directed/hat the, fish solo be shipped should be sound, good, and! marketable ; but it appeared in evidence, that 'upon unpacking at Demerara, it was found to be in a da maged state ; in consequence of wbich it sold at a considerable loss. The plaintiff, therefore, brought an action for the amount of the cargo, on the ground that the loss sustained was owing to the misconduct. of the defendants, in shippi ng or marketable. Upon the trig for their defence upon an allc ed state of the fish was owii •oyage, or delay of a vessel controul of the plaintiff, ar unnecessarily prolonged, by I Martinique, which was muc St. John's to Demerara. Mr. Serjeant ?ADDY, in sh Rule, observed, that the arl port of the Rule were not s trial, and that the damaged owing to any awidahle prod but to its condition when on) The CURE JUSTICE obser this nature were tried before one, should feel very unwilli diet. But as the affidavits in rent from the deposition of upon the trial, namely, to t 1 no one could assume that the ed upon that particular depo send the case to a new trial. The other Judges concurs Rule wis made absolute. Lords lIARBOROUGH and . Bar this day, to go throng passing fines. T E ET.-- irinia VI Si Higgins, alias Evans, &c. of was, yesterday, committed fl charges of uttering forged that he had received them ii blilig debts._ NE WGATE amp tDENHA (By the Car Ref Ss 4dto4s 4,1 V Mutton 4s Od to 5d Od IPI PP_ICE NEW ua► Kent ......51 lOs to 71 Os Sussex 51 Ss to 61 03 K Essex Ol Os to 01 Os E Foreign 5l lOs to 41 is r PRICES or HAY Aso STA sr. sAuss's. Hay ...61 es Od to 81 Os Od 11 Straw 21 8s Od to 21 iss Gd St Clover 71 Os Od to st 10s Od PRICE or TALLOW, SO. St. James's Market Si 71 'A Oars Market WhitechapelMarket Si 4d %I (per stone of 81b) Sc Yellow Soap, ins —Mottled, 124 i Candles, per doz. 141 6d RAW Best Heifers and Steers (per I 01 stone) 23 lad to Is Od I N Middlings 2s 6d, to 2s 8d (t:+ Sheepskins--Polled, Ss ad to 6s C Shearlings, Ss 04 to Ss Od-1 COAL MAIIKE' Ships at Market. Ships Said £9i Newcastle 5 Sunderland PRICE OF LE Butts, SO to "Sibs each Ditto, 56 to 661bs each Dressing Hides Fine Coach Hides Crop Hides, 35 to 40Ibs or enttir i Ditto 45 to sOlbs... ...... Calf Skins, 30 to 40Ibt Ditto 50 to 701 be ...... Ditto 70 to tlolba Small Seals (Greenland) Large ditto ...... ..... ...... .pe -Tanned Horse Hides COUNTRY M. Wrosmos, No►.46,•—Wbest, pet Bosley, per quarter, 52s to 725-741 741 to 78s—Peas, 7Ss to 78o—Ry Oiress, Nov. 28.—The price of a —Tito Half-peek Loaf, Wheaten, 2s Ns - wit/sr, Braun, November 26.- 59s to 72.—Oats, 34s to 42s—Be; to s4s.—Bread, Is 8d to Is ICd. Bassuoi, Nov. Ea.—Wheat los. I to Its Od—Vetcites, Os Od per bush —Oats, 38s Od to 505 Od per quart peck —Flour, 67s to 00s per sack. COURSE OF Amsterdam ll 7 Ditto at sight 11 4 myteraZi ......11 $ C.?. Ditto at vight......11 7 1 totterdanl 1 2U. Antwerp, ex.nto. lambhrgb 13 1144 U. A 'tuna ...... 33 9 2.10. Willis, 3 day% date 2:: 65 U. Ditto 24 15 211 Bourdeaux do. 24 1 5 Frankfort :Valve 139 ex-mo. Madrid, :effective 40i Cadizcifect 404 I'r'rcc t,oa ... PRICES OF GO Portugal Gold in Coin, per Foreign Gold in Bars New Doubloons New Dollars. Silver in Bars New Louis each ...... ..... . BIRTH. • gouda*, the 22d of Noverabtr. t Eq. of lamb's-Conduit -Place, of a MARRIE On the 11th instant, at St. Geo Lieutenant Francis Heywood Brow fordshire, to Elizabeth Charlotte, Turners, late dth Roy it Veteran Ba DIED. Tuesday te'sinigiit, at Capc Kirkpatrick, of Clow/burn, Bart. S of Dumfries. October fp, at Demarara, Slr. Jan second son of the late Rev. James Finl Monday last, at Brooklyn, after a fryer. Itlr.John Willianu, long bett and Ireland by the appellation of At man of some native powers of mind but bat dealt principally in Theatrical self the terror of Actors and Actress 'be died In Obscure lodgings and in vs PRICE OF STOCKS Bk. Stock 268 i Lp Redlaced 7711} Inc Cons. 781 78?, 1 Ek Si per Ct. I , ':, i Or 4 per Ct. 951 Co Navy I OS { 109 Lo HIGH WA FER at LONDON B! Moruing Mir:noon LON Dati : Printed a, d pubaske