Star. — London, England, 1827-07-05 00:00:00

TE OF DRURY-LANE THEATRE. al Meeting of the Proprietors was held yes the Saloon, for the purpose of receiving the ;e port.—Mr.CALcnArr, M.P. in the Chair. lIMAN read the following Report : the Committee had last the pleasure to Meet the Ge- Assembly, their Report went to announce that they had pro 'so far to the choice of a Lessee, that the deposit of the made, and a memorandum of the agreement biped. 'Orranotances subsequently occurred to place the concern in 4 situation, by the refusal of Mr. Ridt to ratify his contract. Committee, however, have the satisfaction to report, that f affairs was but of shdri duration, and that a voluntary . Price, of abiding by his original tender (which was swain to hat of Mr. dish), relieved the Committee from l aity of endeavouring, with a certainty of delay, a doubtful inevitable etpense, to enforce the agreement with Mr. 'placing the property again in competition under the then di ontageous circumstances. • Si. Pike, in thus taking the Theatre, had many difficulties to •er, hut the favourable result of the season, is the best proof Public and the Proprietors have to expect from his spirited, and liberal exertions, to merit their support. Committee trust, that in announcing the terms upon which re kt the Theatre, the Proprietors will feel that in the situatiun of their property, their interests have not been be remarked, that the rent paid by Mr. Price being r annum; is an annual increase upon the former lease of the additional advantage of a moiety of the interest of win the hands of Messrs. Caicraft, Robins, and G. Lamb, A the Proprietors, and an be Invested in the Funds. secsr4 consists of a deposit of 45,000, £3,000 of which ',mentioned, placed in trust, for the due performance of cotenants; and arS,OOO is now, and always, to remain rent, in the bands of the Committee. agreement for the lease, with all other securities reladatg (been executed. I the Report, the Committee have to request the at* e General Assembly to the annual statement of account them, as audited by the Auditors, which exhibits the syment of the rent by the lessee. e new renters annuity of Is. sd. per night has been paid by t instalments to the account of their Trustees, Messrs. Tur. Pallowfield, and Snodgrass, for 214 nights of performance, 3,762/. 10s. at t►e Banking Meuse of Messrs. Ran. ground landlord, and all other current demands upon the -% paid in fun up to Midsummer, amounting to 5,270/. debt now upon the Concern, viz. that of principal and Bondholders amounting to £19,184 will be reduced .4 of the present month to £14,821, by the payment of issniment, with OW year's interest to the lit of July, 1826, gtagether so £4,880. Committee trust, that in the exercise of their judgment , dificulties they have stated, the Proprietors will feel that epees:ceded in the way bat calculated to secure the per hiteresto of the Company, and with a prospect of Clearing tern of all its debts within a very limited period." rn CAI A S TURTON, as Trustee for the new Renters, el of the new system adopted by Mr. Pike, rmitling seats to be engaged in the dress circle 'for at the time, whet eby the Shareholders ided from the most revertible part of thehouse. other Proprietors spoke to the same effect. 11101,A8 KINNAIRD and the CHAIRMAN said that was perfectly justified in so doing. tics said that he took a lease of the Theatre led with 618 free admissions. The dress and contained but 500 seats, and it be were pre- rem accommodating the public by the arrange lplained of, he could not pay the rent, as the admissions would fill the most desirable part of HOMAS TURTON said, he wished to give every ise to the new lessee, but with respect to the rent, of that burthen he was in some degree be (Sir T. Turton) was informed that the 'cited by Mr. Bich had been given up to him. aca said, as there was a decided mistake about deposit money which had been forfeited by he thoUght it but right, in justice to himself the 20001. was a private arrangement be and Mr. Bish, to take the concern off the lat h doing this, he (Mr. Price) bad great and expenses to contend with, as regarded engagements which had been made by Mr. Bish. He ipwards of 4001. to an actress, who had not more than eight times in the course of the .le had also paid sums of 2001. and 1001. to actors, and had expended large sums in compro with others, the talents of whom had not been to him. He begged distinctly to deny the ► of compelling Ladies to govp into the upper Hear.) inally arranged that the Committee should some plan suitable to the convenience and in 'loth parties. .ISH OPERA Housx.—The excellent Opera of sad Entneetine was performed for the third time with improved effect in all its parts; and it justice to say, that this piece is inferior to nothing sort that has of late years been presented to the The applause throughout was warm, universal, :ved. Love among the Roses proved a most Pleasing Interlude; and the Afterpiece of the Cornish Misers closed the entertainments of the evening with itifioite eclat. -- Sr. BRIDE'S CHURCH.— A Public Meeting was yes i'eneds regarding the improvements in the neighbour. St. Bride' s Church. The Meeting was very thinly Half an hour after the appointed hour, Mr. Alderman took the Chair, and proceeded to address the Meeting. After noticing the circumstances which led, in 1825, to the plan of Lk imptovements which have now been completed, the worthy biennan stated, that the subscription had fallen so far short of tie expenditure, that Mr. BLADES was £14,668 19s. in advance.— eras to procure a subscription to make good this deficiency, that eat Meeting was assembled, and it would be a disgrace to it if a Gentleman who had come forward so generously, Minced his money to defray the expense of su important an *Mon to its beauty, were net relieved from the disagreeable liftme n in which he bad been placed by his public spirit and gene. Y. Mr. SMITE, who had acted as Secretary to the Committee, 1 ,,, ke on the receuity of contributing the remainder of the sum i l'ated. Subscriptions to the amount of about £5OO were read— siti,ern welt the names of the Bishop of Lostoon, and Mr. Homo, Vivet.ttrett, for £5O each, and of Mr. SAMUEL Roams, for to which the CSAISSIAM added his own name for a second ion of .220, and £5O were received at the table. Thanks ~tesi to Mr. & Lot; who. in returning thanks, expressed a Lope that his fellow citizens would not leave kin in the flunks were dug voted to the Cumulus, after which the Meet- Is tparated. LANDING IN INDlA..—Nothing can be mote ludicrous Ma a young PAglisbnivi's first landing in Calcutta. The shore Is rtuged with the swarthy natives, eagerly awaiting his arrival.— r i altnerabk palanquins a re b rought down to the boat, an d t h e 7`T ,11 , like the Paddington stage coachm e n, are alb violently strug• ‘",,1 to Procure a passenger. Th e b ew ild ere d strange r is pozzied tlin to Choose; and when he has niade up his mind, he finds it 4 1 matter to jostle through the countless rival conveyances unpletely ssuround him. He is also sure to make some 711iblennuake in entering the palanquin. It requires a certetu let tt steady the vehicle as you throw yours e lf into it, or it is apt 1 "' °ter, like a sailor's swinging cot. Another ridiculous error t vt *,..,,h t !stran ger is liable to, is his endeavouring to seat himself on :7 . 11 . 11 e drawer inside, supposing it to be intended for that purpose. Istisoon hods, after having doubled himself up, Hat people pm icoabop under a low gateway, that it would be utterly vm "ble to remain long in that position, unless the human back Pkdole as a piece of whakbone. Mice all, perhaps, the compelled to rest the palanquin no the ground, and the nranger, eteeping hastily in, is glad to escape from the ill. r o' i ftsd snides of the surrounding multitude.—Fi ons the London salvi ltrt ewe STATE 0 A General M, e doi, in the Sa henna ' Report.. !be CHAIRMAN • Ivens the Con wel l Assembly, the 't ot a t el so far to the . made, ant s oy ea ' • a rc emstances i ( mice 'Mallon, . Th e Committee ode . d stairs , tike b l , Mr. Price, g oo amount to tt tog y a ity of eud tot , s ol inevitable ligeofplacing th 0 0 0 mageosis eire . m e . Pike, in tl watter , but the f debar the Public , o . o• ,spirited,ll Committee Meilen k t the 1 rube situation of it ..it skald be red pop per annum Leas, w i t h the addl /3000,tort in the I la mai for the Prep • The securize cot , at Wore meatier the antral covenani it wham string, i i . Th e Agreement der % ho been ex .• la doing the I d am d dm Gant We before them, a Meer payment of .The new rents tor instalmenu in fallowheld, a mmadng to 1,761 saga Ca. .The grotawd lam p ar i gt on, paid I me. • Meanly debt a Mesa to the Bond i gt p a goorm of the sari bailment, s onge g ag teggettser 'The Oammitte mew the difficulties they have proceeded swat loterests of tie Gmeern of all it Sir THOM A S T crinplained of c, if noi permitting :loins paid for a wereexcluded fro Several other Mr.HOUCILAS Mr. Price was pi Mr. Paws sai eacumbeted wits int circles conta vented from acc lent complain Me admissions the house. &r THOMAS 7 port praise to muse of rent, relieved, as be 20001.Iovfeited Mr.Paict sal , the ZOO( t depos Mr. Hish, he the to say, that the twee him and A ter's hands. Ir difficulties and e engagements wl had paid uproar appeared more wason. He hao sane actors, an suing with otl available to lair imputation of CI citClll—(Hear.) hens final', devise some ph retests of both F ENGLISH OP • /Inlet and bat last night, with is but 'justice to of 11. e tort that public. The alai and deserved. Pleasing Inteth , Viners dosed infinite ec/at. Sr. BRIDE'S lettlay convened, hod of St. Brk attended. Half d Imm o took th Alter noticin g the tie imptorements Mittman stated, I the expenditure, th • It was to procure ate present Meetin Ile nt h if a Gent *tdelat e d his *deo to its bet *Mims in which *T. Mr. Sorra 1-ike on the r tee, , ;Tared. Stamen' al likeTtl 'WM the ' art Vitt t . ttrett, I AV°, to which 1 4 nibecription of , wer e voted to a Lope that his fel I thank s were th t•gs eparated. LA SUING I • • lkaa a young En "tooled with th !answerable se p al ams hke the It To Procure 1 ritsth to choose a s matter 1 .. ' , enpfetei -9n , bie miviake 6 !Itessdy the .. tom ewer, like i u s e Inuit tb a l: 6 , itta ai - f ir r i I • to Ends he l oss bl• to rem „*"''', ekeble ' a ~ ,o r ~,, ' . i4 " 4 Itr c° io D‘P r 1.11,01w1 ani g :k e W„,,, i itniew. .1 COURT OF ALDERMEN. Sir P. t loam, on Tuesday, presented a Petition from Mr. Winchester, praying he might be sworn in. It dis claimed all intention to questiorethe jurisdiction of the Court, and confined the claims rif the Petitioner to the mere legality of his election ; stating that Mr. Wilde might have his remedy of quo waryanto. He (Sir Peter) agreed with one part of tbe Petition—that against the swearing in of Mr. Wilde: his objection extended to both of the CAndidates, and did not refer individually. Alderman WOOD moved that Mr. Wilde's Petition to the last Court, complaining of the litigation, and praying that he should be sworn in, as having been duly elected, should be read—(Hear, hear.) After the Peti tion was read, Alderman CRowDER—I rise to move that Mr. Wilde be sworn in immediately. Alderman THOMPSON moved, before the subject was further proceeded in, that the doors be thrown open to the Public. Alderman HEYGATE thought it most extraordinary that accounts of discussions in that Court got into the Newspapers. Some of these reports, he was aware, were given with accuracy, while others indulged in misre presentations. Sir R. C. GLYN said, that it was in vain to attempt to prevent those things. Sir Jamas SHAW said, he would certainly oppose any attempt to decide the present question without the ne cessqry formality. It was impossible to keep their pro ceedings a secret, in some shape or other they will go before the Public, and occasionally, perhaps, with a tinge , of prejudice or partiality: but this was an inconvenience' to which public men must submit. The motion was then withdrawn. * Alderman CROWDZEt then proceeded with his motion, in introducing which, he considered himself, he said, doing a public duty. The Ward of Vintry had been for 'sometime unrepresented. The election of Mr. Win cherer had been declared void, and Mr. Wilde had been legally chosen. The Court had, however, refused to swear in the latter, on account of the issue of the manda mus upon the Petition of Mr. Winchester, which ques tioned the jurisdiction of the Court. The Court bad re plied to that issue, and Mr. Winchester had not thought proper to go further. Mr. Wilde therefore now applied to be sworn in, and in his (Mr. Crowder's) opinion, the claim could not be resisted. " I move, therefore," said the Alderman, " that we swear i■ Mr. Wilde forthwith as Alderman of the Ward of Vintry." . . Alderman WOOD seconded the motion. Ald. THOMPSON asked the City Solicitor whether Mr. Winchester bad not proceeded on other grounds against the City of London, and whether the latter had not put in avlea ? The Solicitor replied in the affirmative, and said, that under those circumstances the Court would not be jus tified in swearing in Mr. Wilde. Alderman HEYOATE said that he should move an amendment. the purport of which was, that the Court, under the present circumstances of the case, do swear in neither of the candidates. Alderman WAITHMAN said, that the Court had been placed in a dilemma by the conduct of Mr. Winchester, who first questioned their authority, then abandoned that position. The only question, therefore, was, whether the present proceedings of Mr. Winchester opposed an impediment to the motion, and whether the Law Offices: were of opinion that the Court could, without any pre judice to the existing proceedings, swear in Mr. Wilde? This opinion would direct hint in his vote. He then called for the opinion of the Law Officers. After tome further discussion, the RECORDER took a review of the proceedings from the commencement, and then stated that the Court had brought itself into its present difficulties by Mr. Winchester, who denied their authority. The Court might have sworn in Mr. Wilde at any time. But the question of expediency was a different one, and he should be better qualified to judge of it in a few days. . . . The COMMON SERGEANT said that Mr. Wilde had been duly elected, and that the Court had the right to swear him in. The Court had defended the right, and Mr. Winchester eased to contest it. Therefore the Court was only acting from a sense of duty by following up its own proceedings. Still he would not like to act on his own responsibility on a question of such im portance, but would take the opinion of other Members of the Law. Sir JAMES SHAW said that he had an amendment wh ch be would have moved, had not Alderman Hey gate anticipated him. It was, that it be referred to the Attorney and Solicitor General, Mr. Park, and the City Law Officers, to decide what measure they would ad vise the Court to adopt under the circumstances. Alderman CROWDER said, that he was solely actuated by a sense of duty, and thought, after hearing the opi nion of the Law Officers, that the most desirable course would be, to - adopt Sir Jsmes Shaw's amendment ; to make way for which, he would request permission to withdraw his motion. Alderman FIRTGATE refused to withdraw his amend ment. He vehemently objected to the course proposed. It was quite obvious what the meaning and intention of the Gentlemen on the other side were. He saw that it was all a tnanceuvre and a trap, but it would not suc ceed. The motion should not be withdrawn either. Here several Members said, that the language of Alderman Hey gate reflected most improperly upon the Court, and that he had most illiberally and encourteously treated Alderman Crowder, whose conduct entitled him to uniform respect.—The charge was repeated and denied ; and a confusion arose, such as it would be most difficult to describe. Some said, "We ought to refer to the Law Officers." Alderman Bracn,The Law Of f icers! No. What ever may be their opinions, I'll act for myself ; Yam as competent to judge as they. The LORD MAYOR was called upon by Alderman HaycaTE for his opinion, but several cried out that it was quite irregular to call up:in the presiding Officer to do so, as in a case c f this kind the bias of his Lordship might influence othets.—His L ,rdship declined to say any thing. Aldermen HCYGATE and Lucas persisted loudly in the course they had first adopted, although repeatedly urged to acq riesce in the suggestion of Sir J. Shaw. Alderman WOOD then protested against the proceed. ings, as gro-s and irregular. There appeared to be a want of the common courtesy observed everywhere else —(hear)—and he should persist in moving the adjourn ment of the Court, in order to prevent the improper decision he anticipated. . _ Here the whole Court rose—some declared that they would sup port Alderman Wood's motion of adjournment, and would sit in Court all night rather than allow Alderman Heygate's amendment to be carried. After several adjournments had been moved and negatived, Sir James Shaw's amendment was at length put, when there appeared 8 for and againit The — Lonn M AYR/ft then gave the casting vote against the amendment of Sir J. Shaw. His Lordship, however, wad, that te considered Mr. Wilde's election legal, and if that G ntlernan had moved a mandamus, the Court could not have refused to swear him in. Alderman Heygate's amendment was then put as an original question. The instant the question was proposed, up started an Alderman to move an adjourn ment; and many adjournments were moved, amidst the greatest tumult. At length the Aldermen retired. EDINBURGH, JULY 2. Tits Caors.—•The wheat in the neighbourhood of this city has been greatly improved by the favourable weather. Many of the fields which early in the spring exhibited blanks, and had on the whole a most unpro mising appearance, have now a fair crop, and in some places it is getting into ear. The oats look particularly well ; and on the pastures a more vigorous and bet ter sward has been seldom seen. Some of the farmers who ploughed down their wheat, and sowed the ground with barley, are complaining that the crop is thicker and stronger than they would wish. _ CAUSE, or FALILIRC.—The crops in the Carse ex hibit, perhaps, as luxuriant an appearance as they have done for a great many years, with the exception of the wheat, which, in many instances, has completely failed, and the fields had to be ploughed over and sown with barley, and that part of the wheat crop which re mains is in general very deficient. The crops of oats, barley, beans, and potatoes, however, have an excellent appearance, and promise a most abundant harvest. There was a greater abundance of fruit blos som this season than has been known within the me mory of the oldest person here ; and the fruit, besides, has set in great quantities; gooseberries and currants seem but an ordinary crop. In the muirlands of Fal kirk the crops are proportionably luxuriant. F. iday se nnight Mr. Lyall, of Uras, bad two cattle killed by the lightning. They were out in a field along with a number more, and the boy who waited on them was only a few yards distant when the acci dent happened. The improved state of- trade and manufactures in the neighbourhood of Glasgow, still continues to give full employment to the working classes in the suburbs, the streets of which, during the day, are remarkably quiet, and very few idlers to be seen. • Dummies, JULY S.—We conversed last week with an agricultural Gentleman who had just returned from a visit to Ireland. In the course of his tour he travelled through a great number of counties, paid particular attention to the state of the crops, and picked up infor mation from all and sundry. And never, to use his own words, " was Ireland blessed with the prospect of such abundance, since she arose from out the azure main.'" The wheats where sown, look a great many per cents. better than ;hey dp in either England or Scot land ; and although they have been kept down by early cropping, are still so luxuriant on good land, that they run the greatest danger of being ultimately lodged. The oats, too, are such a prodigious crop, that the stalks, in not a few instances, resembled a bed of young willows. Barley, though not so far advanced, is equally promising to an experienced eye, and will probably fill and ripen better than any other species of crop. The grasses are so strong that they can hardly be worked ; and our friend talks with rapture of meadows which will yield as much produce per rigg, as can be obtained from an acre in most parts of Scotland. The potatoes, the staple culture of the Island, were rowing and vege tating like cedars in a nursery; and the peasantry, though wretched enough at present, seemed to be re joicing in the prospect of a sufficiency of food. The fair earth, in a word, is groaning under a burden of its own creating.—Dentfries Courier. - NEWCASTLE. JULY 3. Some of the journeymen shoemakers of this town have struck for an advance of wages. One of the mas ters, whose men deserted him, has obtained a sufficient quantity of goods to enable him to dispense with their services. Mr. Gibson, of Dean-street, another trades man, has lost men to the number of about SO, who have left their work until they can get some advance. But this is not all—they will neither work themselves, nor allow otheri to work. They have stationed one or two of their party' in the front, and one or two in the back part of Mr. Gibson's premises, to deter other people from coming to get work to do. In Mincing-lane much bustle prevailed yesterday afternoon, and - sugar, coffee, Bcc. may be quoted a shade higher, owing to the receipt of advices trom Holland of a brisk demand having existed there for Colonial produce, previously to the departure of the mail. A countryman driving a teim, the whole of which were of the lean kind, was asked by a portly Attorney, why the fore-horse was so fat, and the rest so lean? The countryman re plied, "the fore-horse is a favor, and the others are his clients.' A mushroom was gathered on Di inghouses Moor, on Saturday last, which was measured by R. DALEY, at the Fox Inn, Dringhouses, the circumference of which was thirty-eight inches. ' Sunday night about eleven o'clock an alarming fire broke out on some premises in High -street, Hull, which belonged to the late N.Svices, Esq. and such was its fury for some time, that most serious apprehensions were en tertained that the whole of the neighbourhood, toge ther with a number of ships in the hatiboar, would be involved in one common conflagration. Immense num bers were instantly on the spot, and several engines also, which got ta play upon the fire as soon as circum stances would admit. A detachment of the 71st Foot from the Garrison also attended, and rendered efficient service. For sometime it was doubted whether the engines would have sufficient power to prevent the fire extending to other premises. Several vessels were hauled over to the opposite side of the har bour, to prevent the flakes of fire passing over and corn• municating to them. It was not until the roof had fallen in, between twelve and one o'clock, and the whole in ternal strature of the buildings was destroyed, that the flames were in any degree subdued. The fire, we are happy to say, was got under, after most laborious exer tion on the part of the military and others, about four o'clock. How it originated has, as yet, not been ascer tained. The damage is very considerable.— Hull Packet. Tuesday night about twelve o'clock, as Mr. JAMES SMITH, of Newman -street, Oxford -street, was passing St. Margaret's -workhouse, near Westminster Abbey, he discovered something like a bundle lying at the door. He immediately picked it up, and on opening the buhdle, kund it to c •nt sin a fine female child, apparently about three weeks old, an t last asleep, left there,' no doubt, by its unnatural parents.— The infant was instantly conveyed to St. Margaret's watchhouse, and Greenhill, the watchhouse-keeper, im• mediately applied 'at the ikot khotpei where the deserted infant was taken in, and provided with every necessary. The child was laid at t e door wrapped up in an old green shawl, evidently much 'Aim. LAW INTELLIGENCE. COURT OF CHANCRRY, JULY 4. MORRIS V,-IMVIS. The Argitmenti in this ca e, which was an applicatiori for a new ttial of an Awe slirketed by this Court to try the legitimacy of the plaintiff, ha t ving stood over from last Wednesday, were resumed this day, and occupied the Court nearly the whole of tkC Morning. Mr. HORNE and Mr. Sergeant ituassi.t were heard in opposition to the application, and the latter Genthmati ' not having concluded by the time the Court rose, big Lordship directed the matter to stn over until [his day week, which will be the first Seal. SACMON V. DOVIN/L In this case, which was argued at considerab`e length before Lord ELoow, the parties hawing refused to take the judgment of that Learned Lord, Mr. Sucnru obtained permission to hive k pot In the paper to be reheard on an early day. !MINCE E. LATIMER. Mr. AGAR moved, that the sum of 1,8141. paid into Court, to the credit of this cause, might be ordered to be transferred to the plaintiff, and that the costs of ter , fain motions made in the course of last summer; might; upon taxation, be paid over to the plaintiff's solicitor. The plaintiff was an old Lady, now arrived at the ad vanced age of ninety-one, and had been kept out of her property for a long period. The defendant ap pealed from the decree of the late Vice•Chancdllot, who decided against him ; and upon the matter being brought before Lnrd Eldon, his Lordship ordered the money to be paid into Court to await the result of the appeal. His Lordship eventually affirmed the decree of the ice• Chancellor, and, under these circumstances. Mr. AGAR submitted that the plaintiff was entitled to have the money paid out of Court. Mr. TRESLOVE, in opposing that part ortlie Motion relating to the payment of the costs of certain motions made in the course of last Summer, contended, that the plaintiff could not be entitled to those costi,"having failed in the applications which she had thought proper to bring before the Court. The LORD CHANCELLOR ordered the money to be paid out of Court, but refused to grant the plaintiff the costs as prayed, observing, that she ought to be very well satisfied with the money without costs. Mr. SHADWELL requested that an appeal of Askt* v. Martin, which had been heard by the late Lord Chan cellor, might be put in the paper to be re-heard, in consequence of one of the parties having refused to ton sent to take the judgment of' Lord Eldon, though that Noble Lord was quite ready to dispose of the cast. The LORD CHANCELLOR said he believed Lord Eldon would shortly furnish him with the judgments in those causes which the parties had consented to his disposing of, and he would then bring them into Court, and read them; but as the persons concerned in this miner did not choose to consent to take the judgment of Lord Eldon, he was under the necessity of granting the ap plication. Mr. KNIGHT made a similar request in the case of Sewell v. Jones, to which his Lordship also assented. The Court does not sit again until this day week. VICR.CHANCELLOR'S COURT, Jail 4. sisatentru v. wit:rim. Mr. SUGIDEN moved, on behalf of the plaintiff, to tea strain the defendant from putting up to sale dertain estates in Ireland, the property of plaintiff, over which defendant exercised a certain degree of controul, as trustee, under a deed, executed by plaintiff to defendant. The case disclosed by the Learned Counsel was as fol lows :—Some time back, plfrintiff and defendant stet togezher within the walls of - the King's Bench Pr isnn, in. troduced by a mutual friend, for the purpose of devising the means of extricating plaintiff from his difficulties. For this purpose, a deed was executed by plaintiff, con veying his estates to defendant in trust, to liquidate his (plaintiff's) debts,with full power to receive the rents, and even sell, if necessary. At the same time, it was stip ' lated that the defendant should obtain the liberty of the Rules for plaintiff, and that he should furnish plaintiff with five pounds a week while he was in prison, and a daily allowance of wine. It was alleged in the bill that defendant had failed in both these particulars, and that he was now about to sell the estates, much to the pre. judice of plaintiff's inter s. It was also stated, that defendant was a man in embarrassed circumstances, and had taken the benefit of the Insolvent Debtors' Act, of which facts the plaintiff was not aware when he conveyed to him such large powers over his property. The prayer of the bill was, that defendant should be restrained from putting up the property for sale ; that he should be superseded as trustee, and a receiver ap pointed In his place. Mr. PEPYS and Mr. Glances Tone appeared for the defendant. They contended that grounds must be shewn to induce the Court to supersede Mr. Wilton in his office under the trust. The prayer of the bill was, not that the powers of the deed should be annulled, in which case it might not be in the power of the defendant to offer any opp isition; but the prayer of the bill was,. that the provisions of the deed shciuld be carried into effect. Reasons must therefore be shewn for the re moval of Mr. Wilton, and the appointment of some other person in his place. The reason why Mr. Wilton , could not obtain the Rules of the King's Bench Prison was, that the plaintiff had once abused the privilege. The Vice CHANCELLOR said, that taking this deed at its highest value, it was a voluntary act, which it was in the power of the grantor to rescind at any time he might think fit. The trust was created for the benefit of the grantor, and for his benefit only. There was no third party, having a beneficial interest in the trust, t• object to the grantor saying at any time to the trustee, that he could dispense with his further services. All that could be required froaniim in so doing was, that he should guarantee to indemnify the trustee for any sums he had paid in the execution of the deed, or for which he might be liable.. This was his view of the deed, and the powers which it conferred; but he was prevented from resting his juJgmeut upon so simple a principle, by the course of drience which the defendant ' (Mr. Wilton) had been advised to pursue. He had been desired by the Counsel for Mr. Wilton to observe,• that the form of the plaintiff's bill did not entitle him I to relief upon that view of the deed ; for that the bill did not pray to annul the deed, but, on the contrary, to carry its provisions into operation, and to remove the defendant from his office under it. His attention being thus forcibly called to the other grounds upon which ore plaintiff was entitled to his decree, he felt him• self compelled to say, that no such trust as th tt ob tained by the defendant from the plaintiff, regard being had to their relative situations, could be allowed to stand in that Court for a single moment. In the whole course of his professional experience, and he had been pretty long acquainted with these matters, he 'had never known an instance of an attorney ad vising his client to grant such powers to himself as the defendant possessed under this dad. Here was tint ' .;t • I : . • : i ! , y 11 t . 1 . i. 1: 1 I 1 ; i . 1 i f i • ,• - i ' 1 1 1 . I 1, t [ 1 " 1 ' I 4 ! ~ 1 t I ( ii I ' , lie , , 1 .1 .I A', 1 , } . , I, t ' 1 \ 1; ' , 1 ; ', , . , i, i . 1 i < i i , } II it