Star. — London, England, 1824-12-14 00:00:00

R Is idw REPOItD. VICE-CHANCELLOR% COURT, DECEMBER 13. LONG V. LONG. This was a case which, having been previously re d to the Master, clime on now before his Honour for further directions. It appeared, that in the year 1801, Mr. Samuel Long made his will, bequeathing to his g m John a certain property, subject to the condition of his n ot marrying Elizabeth Warner, with whom he had f e e some time " kept company," with or without the consent of his trustees, and in the event of his doing so , he was may to receive the sum of E2OO, the *re mainder to go to his son Joseph. Shortly after Joseph died, and the testator then added a codicil to his will, continuing the property to John, and provided gene rally that he did not marry " against" the consent of die trustees, in which case the trustees were to sell the prOpertyi to be divided equally amongst the remaining children and the children of Joseph. In 1804, the testa tor died, and very shortly after it appeared that John had been for some time married, although the circum stance was kept concealed from the family. The heir at-law and the trustees then filed a bill to recover the property, and an inquiry w as directed, to ascertain whe ther the marriage had received the consent of the trus tees? The Master foutid that one of the trustees had disapproved the marriage ; but no evidence was ad duced to prove or deny that the other trustee had as sented. The case was now brought forward for fur ther directions. His Honouit was of opinion that, in this instance, the word " againe was, in the intention of the testator, equivalent to " without." But that was of very little importance to the case now ; for the real question was, what right bad John, or those who claim to recover now under him, he being dead, under an event which had not been contemplated by the testator? COURT OF KING'S BENCH, DECEMBER 13. LAME V. BARBI& This action was brought by Sir James Bland Lamb, to recover the price of a horse returned by him to the defendant, and the expense of his keep. Mr. Scantattc said, this case supplied an example of an ingeni.us method adopted of late years for the sale of unsound horses. A person assuming the appearance of an Officer, or Gentleman of fortune, advertised the sale of his stud; and removed all scruples from the minds of parties who were desirous of purchasing, by engaging to take back the horses and returning the money if they should not be approved on trial. When, however, the patties discovered that the horses were un sound, and attempted to ieturn them, they.could not find the Gentleman with whom they had contracted, and were obliged to bear the loss. The plaintiff, at uacted by an advertisement in the Morning Post, had, purchased a horse for 80 guineas on 3 contract of re turn ; the horse proved unsound, and then he could ob tain no money from the seller. It was proved that the sale was on condition of re turn; that the horse was tendered ; but that no party would receive him or repay the price. No defence was offered, and the Jury found a verdict for the plaintiff— Damages £lOO. • SOLOMON V. GENUS& This was an action for an assault at the Harp Tavern, Russell -street, between parties of the Jewish persuasion. Some dispute arose respecting a bill of exchange on the 25th of October, and Mr. Geneue struck Mr. Solomon., in the fates The Jury found a verdict for the plaintiff—Damages _ _ One Fenhing. The muse " Foot v. Bayne" la appalitted Ant, at all Omits, on Tuesday the 21d of December. COURT OF COMMON PLEAS, DECEMDER 13. SHELLY V. MORTON. This was an action for £l5, being the value of three pumps which the defendant, a West Indian Captain, had sold in the island of Antigua. The pumps were for the purpose of clearing and filtering rum, and had been re turned to England to be rendered more fit for work, after which they were reshipped to the West Indies again. The defendant denied having sold them, or re ceived any money on their account.—Verdictfor the plaintiff for £l5. COHEN V. DAVIES. This was an action for an assault alleged to have been committed by the defendant on the plaintiff. The plaintiff, Joseph Cohen i is a cabinet-maker; the de fendant, Phineas Davies, is a Sheriff's officer, residing in Fetter-lane. It appeared from the evidence of two witnesses, that the plaintiff, on the 26th of August last, was walking in Duke's-place, and was met by the de fendant, who struck him a blow which broke the bridge of his nose. The plaintiff ran away, and in running fell. Defendant then came up with him, and notwith standing that plaintiff called out that he could not and would not fight, kicked him while on the mound.. A surgeon proved the extent of the injury which plaintiff had suffered. For the defence, a witness was called who swore that the plaintiff began by using very irrkating language to defendant ; had asked " what had becoine of his per jured brother-in-law ?" and at length spat in his face; and that it was in consequence of this the defendant had struck him. It should be mentioned, that one of the plaintiff's witnesses spoke of this witness as having been present at the transaction, and that he heard him call out to defendant," Give it him well, Davies; it will all go in the same expense." The Jury, after hearing his Lordship's summing up, tousulted together for a short time, and stated that they were unanimous in not believing the defendant's wit ness; they therefore found a verdict for the plaintiff— Damages 1:20. The Court was crowded with Jews during the trial. SECONDARIES' OFFICE, DEC. 13. IMPORTANT QURSTION AS TO THE TRANSFER OF IC. , CLESIASTICAL PRORERTT..-Wlllll AND PRICE V. WIL- XINSON. • The plaintiffs, Messrs. Webb and Price, of Doctors'- Commons, who are agents for the sale of ecclesiastical property, sought to recover the sum of 1041. as a remu neration for work and lain:rut done, and services per formed for Dr. Wilkinson, of Essex, who is a dignified Clergyman of the Church of England. Mr. Serjeant WILDE stated the case for the plaintiffs. The defendant was a Gentleman of great respectability, the advowee or advecatus of the living which he held limself. In 1828, he was desirous of. raising a sum of money upon the property, and for that purpose applied to the plaintiffs, who were well-known and tespectable agents. The Jury were, perhaps, aware that the sale of such property was, from its nature, attended with more difficulty than that of most other property. It was most difficult to find purchasers for it, and it was generally incumbered with impediments in the transfer. The usual mode of regimenting agents for the sale of ecilesiastical - priopetii, ibis 'it?* give them a certain per centage, on their success in finding a customer ; and of course, in consequence of the greater difficulties ind litbour encountered, a larger compensation was etpected then *as given in cases where other property wa% con cerned. When The agent received nothing for his trouble upon failing to sncceed, of Worse he was entitled to the greater recompense when he succeeded in his search fur a person who was willing to advance money, or purchase. The defendant, who, as they would perceive, was a man of business and experience, having tailed in his own efforts to procure a purchaser, applied to the plaintiffs in 1823 ; and their efforts were continued through that year, until January in the following year, before they were success ful. The money advanced upon the advowson was 4,2001. and the temuneration promised to the plaintiff was 2/ 1 per cent. upon the sum obtained. This promise was contained in a letter in which were used teams to this effect, " I have no objection to your terms of 2f per cent. provided the business is done quickly." Now, if, there were no law to enable the plaintiffs to recover a compensation for their industry, they alwaysconsidered' the word of a Clergyman stronger than any Act of Parliament. It was not objected that money had not been obtained by means of the plaintiffs ; it was not to . I be charged against them that there had been any delay' on their paits ; but it might be said that the negocia , tion which the plaintiffs had first introduced was broken and had ceased—that the second negotiation was distinct, and that the defendant's contract to pay two and a half per cent. did not apply to it, and that , the plaintiffs were not entitled to any such remunera. tion for the labour they underwent. The Learned Ser jeant then read a number of letters, from which it ap peared that a long correspondence had been maintained, on the subject. The -defendant requested that an ad vertisement should be inserted on the subject, as the plaintiffs should think fit to propose. Mr. J. W. Freshfield, of the firm of Fresh - field and Kaye, Solicitors to the Bank of England and other pub-, lic companies, stated that an application was made to him, on the 31st of December, 1823, by the plaintiffs, for an advance, by mortgage, of a sum of money upon property, consisting of the advowson of a rectory in Essex. The application was made to him to obtain an ladtance from the Bank of England, but he returned an answer that the Bank of England did not advance such small sums, neither would it have anything to do pith such property. He, however, mentioned, that a stetchaqt was willing to make such advance, if the security was good. A negociatiott took place, but it broke off for some time. It was subsequently renewed with another of the witness's clients, and completed. The sum advanced was 4,2001. at 44 per cent. by the Glebe Insurance Company. The net produce of the living was 7001. per annum, but daring the period of the high prices, it was made to prodUce 1,3001. Mr. ARCHBOLD, at great length, cross-examined the witness,withthe view of chewing that the first negotiation bad broken off entirely, and that thetecond had been commenced without the aid of the plaintiffs; but Mr. Freshfield said; he considered it a continuation of the same transaction ; that it was introduced as a thing already known, and would not have taken place had it not been for he introduction of the defendant by the plaintiffs. The business was finally concluded by Messrs. Scott and Clayton, the defendant's solicitors., The plaintiffs were clerical agents acting for the sale of , ecclesiastical property, and the recovery of tithes, ire. hey were neither Milkers nor solicitors. This was the, plaintiffs' case. Mr. Minimum submitted that there was no evidence of work and labour done by the plaintiffs to entitle' them to the remuneration which they claimed ; but even if they were entitled to anything, they were debarred by the statute of the 12th of Anne (2 C. 16, sec. 2) from receiving more than ss. per cent. The section pointed out was then read by the Secon dary, and is as follows:—" And be it further enacted by the authority aforesaid, thai all and every scrivener , or scriveners, broker or brokers, solicitor or solicitors, driver or drivers of bargains for contracts, who shall after the said 29th of September take or receive, directly or indirectly, any sum or sums of money, or other re ward or thing, for brokerage, soliciting, driving, or procuring the loan, or forbearing of any sum or sems of money over or above the rate or value of Ss. for the Loan or forbearing of lON. for a year," kc. The Act then directs that the penalty of 2W. be inflicted for each offence. This Act, the,Learned Counsel contended, made it evident that the plaintiffs, at all events, were entitled to no more than ss. per cent. Mr. Serjeant Wane and Mr. STEPHEN contended that this case by no means came within the Statute cited, which was the well-known Statute of Usury. Mr. COLLINGRIDGE, the Secondary, was of opinion that the Act applied to the plaintiffs. The case of the latter depended upon the contract for an allowance of a per tentage, and they could not recover more than ss. per cent. for their services. Mr. STEPHEN said, that in a point of this import ance, he trusted the Learned Secondary would take such a note of the care as would enable them to have it determined by the Court above. Mr. Cou.tranansoc said he should. He then told the Jury it was clear that the defendant had been bene. fitted by the advance of £4,200, in consequence of the plaintiffs services, and it was for them to say whether they ought in fairness to receive a less sum than ss. per cents for it? The Jury assessed the damages immediately at 101.10 s. being ss. per cent, upon the sum obtained. Accounts from Genoa 'of the 27th ult. mention a severe gale having been experienced there on the 23d, but which did little damage. These advices contain no political news. Letters have been received from Zante, dated Oct. 25. The writers concur in stating, that the most sanguine expectations were entertained that the Turks would be entirely driven out of the Morea during the ensuing year. Mr. HAMILTON Bnowns, the Gentleman who was sent out by the Greek Committee, and whose silence was cause of uneasiness, was, at the date of the last ac counts, seriously ill on board the Florida, as well as his companion, a young Gentleman of large fortune. Some time ago there was a bustling personage, named R--- 6 well known in all - the Coffee-houses near 'Change for his loco-motive faculty, as he was con stantly looking in at one or the other all the morning. One day a friend of his from the country meeting a common acquaintance, inquired after R—'s health. " R—?" cried the other—s , Poor fellow ! I believe he's dead, for I have not seen him 'above once to-day." In the year 1745, when the Scots Rebellion threatened most formidably, HERRING, then Archbishop of York, resolved, in case otextremity, to take arms himselt and oppose the progress of the rebels. His avowing his intention gave Orator -limey or Galion to nickname him—sr red Lierrisg. CIiARTkR-110Ugi40k1141DEirS DAY. Yesterday being the 124th Anniversir* of in estimable Institution, it was celebrated at the Charter house, in Charter-house-square. At five o'clock the company began to arrive, and by half-past the Pensioners ' Hall was crowded with Ladies and Gentlemen, friends and patrons of the in stitution. The spacious apartment was fitted up ex-. pressly for the occasion t.on either side were placed long forms, covered with green baize, for the accom modation of the visitors, and at the head of the room the seats were appropiiated for the use of the Masters, Warders, and Stewards of the Charter-home ; and at the bottom end a short rostrum was erected fin the young Gentlemen educated in the institution. The company having seated themselves, a fine youth, about fifteen years of age, delivered an appropriate oration in Latin, in a most admirable style, and with such energy and effect that filled every one resent with surptise ; indeed, Dr. Russell, the Master, ad mitted, that the youthful orator had far , exceeded his expectation, although he had heard him.rehear s e it be fore. At the conclusion of the oration it was greeted _with three distinct rounds of applause, and the company present amply rewarded him for his surprising progress in the language, he having been only five years in the establishment. It has been the practice, up to the present time, to preach at' appropriate Sermon on the occasion, but in this instance it was omitted, in consequence of the Chapel being under repair. The company afterwards repaired to the great Hall, where they sat down to a- sumptuous dinner, consisting of the choicest viands the season afforded, which were• supplied by Mr. Kay, of the Albion Tavern, Alders gate.street. The company spent the evening with the greatest hilarity, and separated at an early hour. Lord Succour, one 'of the Senators of the College of Justice in Scotland, has resigned his double gowns. The Gazette contains a notice of an intended appli cation to Parliament for a Bill for preventing a recur rence of injury by floods in and about the city of Bath. A carriage-drive is now forming, with spacious foot paths, from Cumberland Gate, in Hyde Park, to the door at the north-east corner of Kensington Gardens, which has hitherto not been accessible by carriages. At the top of Portland-place a commodious archway has been constructed under the New Road, by means of which such of the inhabitants as have keys and peimis _ sion to walk in the garden of Regent Crescent, can now walk into the Regent-square Garden on the opposite side of the road, without the danger and inconvenience of crossing the road itself. A curious question, under the Building Act, is ex pected to come on for hearing in the course of a few days, before the Magistrates at Hatton-garden, in which the Commissioners for paving Lincoln s Inn-fields are attempting to pull down a room of office lately erected at the south-eastern extremity of that square. Saturday se'nnight, a most wanton attack was made by an operative spinner on two women employed at Mr. Snodgrass's mill, Glasgow, whom he cut and abused, but luckily for the ends of justice, this miscreant was apprehended and is now in jail. . The death of a poor man named Peter Fieldhouse, whys resided near Wakefield, has been declared by a Coroner's Jury to have been caused by the wilful neg lect of the parish officers. His body exhibited a shock ing specimen of miser/ and starvation. The proofs of increasing prosperity in our manufac turing and mercantile industry, force themselves daily upon our notice. A Meeting was held yesterday in the City, for the purpose of facilitating the speedy and re gular conveyance of goods from Manchester to Lon don. It appears, that notwithstanding there are Vans which travel those roads constantly, still a de mand exists for additional means of carriage. The Silk Trade, in particular, has improved so much of late, and the demand for silk goods has been so incessant, that not only have the Vans been-fully loaded, and the in terior of the coaches•devoted to this purpose, but par cels have even been suspended under the coaches ; and, after all, delays of several hours have occurred in the transmission of the sill, to the evident injury of com mercial credit. Actuated by these considerations, the Gentlemen above alluded to have agreed to subscribe a fund of 40,000/. for the establishment of new Vans; out of no hostility to the existing Establishments, and still less with any view of tratlicing in the Shares, which are in number 400, but simply from the neces sity of the case. The hurricane of the 18th and 19th of last month ap pear•to have been almost unprecedented in the physical history of Europe. It appears to have originated on the coasts of England and Holland. Hence it swept along the North Sea, which was everywhere furiously agitated. There were dreadful shipwrecks on the coast of Jutland. Hence it traversed Sweden, prostrating whole forests in its course. Gettenburgh and Stock holm wete in a state of the utmost terror, and suffered 'much. In the Gulf of Finland the storm was dreadful —the hurricane forced the waters of the Baltic into the Gulf, and the commotion was terrible. At Petersburgh the scene was one of the most fearful imaginable. The waters of the Neva suddenly overflowed their banks and literally deluged the city. AU those residing in ground-floors, escaped only by the help of boats, which were rowed in the streets, so fearfully were they over flown. Cattle and human creatures, furniture, and other articles of domestic use, were seen struggling or float ing, according as they were animate or inanimate, alongl the deluged streets. The waters, however, at length subsided, and left the city , a spectacle of horror. This' hurricane—the most extraordinary phenomenon of its kind on record—appears to have traversed in a double curve of 370 or 400 leagues, and in a very few minutes' time, the north of Europe. There is no instance re corded, in writing or tradition, of such a not m. The beautiful swannery on the Fleet, near Abbots bury, has suffered greatly from the late tempestuous weather; the heavy gales having dispersed the swans in every direction, many hare been shot. How different in disposition are the good people in London from those in Paris! Versailles is only ten miles from the latter city, and yet the execution of Leger was only known two days afterwards by the simple in. formation in the papers, announcing the citcumstance in these laconic terms;—"" We are informed that Leger was executed yesterday at twelve o'clock ; a vast con course of people was present." CAUSE AND EEFECT.—TWO men meeting one day, " Do you know,"says one, "that our friend, Counsellor D. is dead?"—"" Yes. I know it," replied the other, " and the report goes that he has left few diets."— "" How could it be otherwise," said the other, " when he had so few causes?" r Arm. . • 0 ) e / VATWOLir AsaecrAtrom • DUBLIN, DBCEMBIIit, 9. Yesterday,. the Catholic Association met it the ceest Room oYAie Corn tzchange. , JA M 1 Goimi!i t Eficfpras called to tie dab. 4471etiervas readironi Mr. Rotas MaedaOA, announcing that he accepted the salary of ae3oo a year allotted to him as Catholic Agent in London. i . . Another tester was also read from Mr. Maurice O'Coaell, I Gentleman ninety-sebei years of sgb, inclusing a subscription of 410 to the Catholic Rent. Mr. O'CONNELL then stated, that he had received a second letter from Mr. Ivers, who seemed to think that his first letter would have been. treated as of a private nature. This he could not do, as the Association had nn vcrets. He then read the 'second letter, in which Mr. Ivers, after stating that if his first were putlished, its oyest would be defeated, said, " I seas induced address you by the suggesti-n and solicitation of the Proprietor and Editor ..f a Foreign Journal. The move ments of the Association are beconiing a matter of cu r;osity to the Continental public, and in consequence he wished to obtain the best information upon the sub hct. His numerous connections would hare enabled im to procure insertion for any articles you might have sent, in various Journals of the Continent.--- He would have had it in his power to forward them to their destination, either free of expense, on at so small 'an expense as to be willing to defray it himself, in con- Sideratirn of the advantages to accrue to his Jour nal from the connexion. Now, if my letter be made public, lie will not stir a step in the business, and here Ithe matter must end. For my part, if spy letter be not isusde public, 1 shall be happy to render, during my re fsidence in Patis, all the services in my power to the Association, in furtherance of its just And reasonable views. - But I beg to state, in offering myself to be come its agent, I exclude all idea cf profit, 'aid I toil • not receive from it one farthing." Mr. O'Connat.r. then read the amount of the Catholic Rent received in the month of November ; the total for that month was 3,0071. 10s. 4d. Mr. O'CONNELL said, that they no* had 5,0001. of the Catholic Rent funded. Hesave notice of a motion. that another 10001. should be vested. He then read the list of subscriptions received during the last week. The amount was 7001.45. 9d. The Association adjourned to that day week. , . SPORIING INTELLIGENCE. BETTING-ROOM, TATTERSALL'S, lIEC. 13. The Room was well attended to-day, and some brisk betting took place ; it was, however, rather limited, being principally on Horner and Crow catcher for the St. Leger. The odds are as folkiw DERBY. to 1 apt Muleteer 9 to 1 apt flatus 12 to 1 apt Duke of York's c. 1$ to 1 apt Advance 18 to 1 apt Bolero 20 to 1 apt Legacy 25 to 1 agst Canvas Y 5 to 1 apt Defiance 25 to 1 apt Diana 25 to 1 agst Gohanna SO to 1 apt Nigel :so to 1 apt Jenny (taken) 35 to 1 apt Harriet 5 to 1 agit Mine 3 to 1 apt Sorcery (taken) 10 to 1 apt Waltz 14 to 1 apt Attica 0111W11. 18 to 1 apt Pipylbw 20 to 1 apt Zuleika SO to 1 apt Sister to Perisot 25 to 1 apt Shoveller IT. LllOlll. . SS to 1 asst Andropus SO to 1 apt Craw catcher (taken) 11 to 1 apt Memnon 12 to 1 apt Cleveland ti to 1 apt Redganntlet 20 to 1 apt Homer (taken) 55 to 1 apt Muleteer 25t0 1 apt Mandan, 40 to 1 apt Rosamond tato 1 apt His Grace 40 to 1 apt D. of York's co 28 to 1 apt brother to Duport 1000 tas 15 apt Rufus-1000 to 20 apt Canvas-1000 to 20 apt Diana-1000 to 20 agst Scandal-1000 to 20 agst Cy mbeline-1000 to 20 apt Perrin's Merlin. THE ROYAL HUNT. Friday bis Majesty's stag hounds met at Gerrard's Cross, when a famous stag, which had been hunted before, was turned out, and ran with great swiftness for upwards of twenty minutes, when he got into a mill-dam, near Amersbam. By his own sagacity and exertion, he saved himself from going over the wheel of the mill, which was in rapid movement at the time, and on gaining land he very cordially entered the miller's house. Lord blaavaoloucu witnessing the scene, would not suffer him to be timed out again. FOOT RACE. Monday se'nnight, an interesting foot race was run over the Sands at Scarborough, between Edward Donner, Esq. ard Mr. Jonas Hammond, porter-merchant, both of that place, Mr. li. agreeing to run 100 yards whilst Mr. D. ran 80, which was won very easy try the latter. The stakes run fpr were dinner and wine for so of the most respectable inhabitants a Scarborough.—Consi derable betting took place, at 3 to 1 on the winner. Some of the prize tattle in the present exhibition at Sadler's Yard, Gosivell-stteet, are estimated, by good judges, at two . hundred and forty, and by others, at even two hundred and fifty stone. Taken altogether, the strew this year is thought to surpass all former years. Several artists are daily employed in taking likenesses of those that are considered the most perfect in all their points. A confidential agent to the Pacha of Egypt visited Manchester last week, to inspect the spinning and weaving processes; an Armenian has also been sent to England by the Pacha, to form connections here, for the disposal of his cotton, of which he is now the most ex tensive grower in the world. ALARM OE FIRE IN FLEET STREET.—About eight o'clock last evening, a fire was discovered to have bro ken out in the Cheshire Cheese Tavern, in Wine-office court, Fleet-street: From the closeness of the build ings, and the aspect of the flakes of fire which pro. ceeded from a chimney, added to the late calamitous fires in the neighbourhood, the inhabitants, as %sen as the passengers, were for a time in a state of great con sternation. Several of the housekeepers in Wine-office court and vicinity, were so terrified as to make prepa rations for moving their families and property from the apparent scene of devastation. Fortunately, however, St. Dunstan's and several fire-office engines arrived in a few minutes, and the supply of water was so quick and plentiful, that the fire was confined to that part of the premises where it first made its appearance. Three prisoners, of the name of Wi ll iam Reid, Charles Ilan, and John Vahan, who were awaiting their trials at the next Assizes, the first for a burglary at Knot tingley, and the two last for a highway robbery near 'Bradford, succeeded in making their escape from York Castle, during the night of Suncidy se'nnight. They had complained of illness, and, in consequence, were placed in the upper hospital of the prison. They had there formed a rope of their blankets, &c. and having ascended the chimney, forced out some bricks near the top, thus giving them egress to the free air. They then got upon the roof of the building, and thence, by the assistance of their tope, into the garden behind the Castle Walls. As soon as their e s cape was discovered, a hue and cry was raised, and a reward of 101. each was offered for their recapture. Holt was appre hended at the Spread Eagle public house, Meadow:. lane, Leeds, the next morning, barefoot and barelegged, and unable to proceed farther: and Watson, the same evening, near Halifax. Reid is still at large. . .11. .. .":!antsitq Ao..dtl 7 -- • \ • • ~,' • 1 k jj ICI " A •.k • I ' + • e I : 11 i t ‘ 1