Star. — London, England, 1813-08-26 00:00:00

sijoiti7k6 EGHAM RACEd. Her MAirori• and the four Pith/ousts arrived on the Course at half-past Ode yesterday, and 'took their stations in the stand piepti-td fur their reception. The Princess CHARLOTTE of WALES arrived, soon after, in a barouche drawn by four hotses, and took her station near the stands Her Royal Highness was accompanied by the Duchess of Laws, her daughter, and Miss KNIGHT ) and she did not alight during the Races. The Duchess of YORK drove on the ground in her curricle, and, with the Duke of YORK, joined the Royal Party. • Smolensio, the famous 'rarer, drew a company un precedented on the ground. The visitors were so eager tti get a sight of him, that crowds waited at the stable-door, and after the race Sir Ci 13unitury desired that the company might be gratified with a full view of him: He was placed in a citcle opposite the Royal Stand, for the Queen and Princesses to views and afterwards in other parts of the come; The first race w as the Magna Charta Stakes, of 50gs. each, h. ft. for s yrs old. Colts to carry ast. 51b. '1 he winner of the Derby or Oakes to carry 51b. cur& Sir C. Bunbury's bl. c. Smolenska - _ 3 Duke of York's C. by Giles, but of Venttlre's data - 2 Sniolensko was Said to have been short of wind, and he was the favourite at 7to 4 only. Goodison, who rode him, kept up the appeatance of a race with Chiffney. Who rode the Duke's colt, to opposite the royal stand, tbithin 20 yards of the winning-post, When he slacked his reins, and Smolensk° got a length 11l a mdment, and won in a canter. A Sweepstakes of 25gs. eath. Sft C. Bhnburi named Dorms 1 Mr. Blake's Wisdom is 2 'Doke of York's c. by Giles . 4 4 1 the Duke of York's c. the favourite, and 2 to 1 agtt Daus.— A famous race. The Ladles' Plate of sogs. for all agee. Mr. Lidbroke's Hamlet - a • 1 1 Mr. Blake's Srrightly . a a 2 2 Mr. Trevauidn's Lut zeti - - - 3dr S LU 4 against the Winner. Pcbtsraiisissi.—Yesterday morning, a man of the name of Duper, forty years of age, undertook, for a Wager of kW, to go on foot from London bridge to South End, and back again, in two hours and ten ininines, the whole distance being eighteen miles. He started. at five o'clock, stopped to bait at New CroSs Turnpike, proceeded on his journey, and reached South End in exactly one hour, and, after stopping a few minutes to refresh, set off on his re tutu, and arrived at the starting post at four minutes after seven, winning by six minutes. Odds were against him at starting four to three. A good deal of money was won and lost upon the occasion: LW, INTELLIGENCE. COURT OF CHANCERY, AUGUST 24. BETORE THE LORD..CIIANCELLOR. The LORD CHANCELLOR, sitting in his prltfate Room, gave judgment in the following cases : EX-PARTE SMITH, IN THE MATTER OF FISHER: The LORD CHANCELLOR stated, that this was the petition of Smith and Co. playing that they might be allowed to prove a debt of £4,650 under the bank rupt's commission. It appeared, by the petition, that Fisher carried on business on his own account solely, arid also in partnership with two persons of the names cf Oreaves and Sharp, under the firm of Greaves, Sharp, and Fisher. Fisher applied to 'the petitioners to lend him a sum of money, and they agreed they u ould lend him their acceptances. His Lordship thought the credit Was given to Fisher alone, and not to the firm. of Greaves, Sharp, and Fisher, although the money had been applied to the Use of Greaves, Sharp, and Co.; and no entry of the transaCtinn appeared on the books of Fisher. The fact of the application of the benefit having been made to Greaves, Sharp, and Fisher, and not to Fisher alone, was not knowd to Sniith and Co. till after the bankruptcy of Fisher had taken place:— Tivo bits were drawn oit Smith and Co. by Fisher, to the amount of £4,650 ; and a day or two after, Smith and Co. received two bills drawn by Greaves ; Sharp, and Fisher, for £4,650, as a security for the other bills. The petitioners paid their acceptances before the baitkritptcy, and before the acceptances of Rowlandson add Co: became due. The question, therefOre,' was, whether Smith and Co. bad lent the acceptances for the use of Fisher only; or for the use of•Greaves; Sharp, and Fisher ? If the former was the ease; Fisher would be personally liable for the whole debt; and Smith and Co. would hold the bills drawn on Rowlandson and CO: as a collateral secu rity.' It appeared to his Lordship, that the money Was adVanced to Fisher for his sale advantage, and On his credit and that therefore the petitioners ought to be permitted to prove the amount of the debt un der the commission of Fisher, according to the prayer of their petition: If the parties should be discon tented with his decision, they would know the grounds bn which he had decided it, and might have it te heatd if they thought proper. EX-PARTE PERRY, IN THE MATTER OF /;EIIRY. . The Loan CHANCELLOR said, that this was as dif ficult a case as he had often met with. He s h ou ld, however ; glee his present impression upon the sub ject ; and if dissatisfied with that opinion, the parties might have it reheard. His Lordship stated this to be the petition of Fraaces Perry, executi ix of Perry, deceased. It stated, that William Petry and Edward Perry carried on business together ; that in 1799, they purchased certain premises, and those premises by deed nerc conveyed to ‘Villiam and Ed ward Perry, as tenants in common in tee. The pre mises wer:: mortgaged to a person of the name of Moorsby, redeemable on the payment of tBOO pi:n eipal, and the interest thereon. His Lordship re marked, that the petition did not state the nature of the coVehants in the mortgage deed. ‘Villiam Perry died on the 21st cf Sepienwer, 1801. Frances Perry, his executrix, and Edward Perry, continued the bu siness in partnership till 1804. They then came to a determination to dissolve the partnership. It. was agreed; that Edward Perry should take the peti tioner's part of • the business, and should pay the pe titioner whatever het share should be valued at, which was £1,547. 7s. 6d. It was also agreed, that Ed-• ward should take all the debts due to the partner ship, and that he should well and truly pay the debts of the partnership, and within a moderate time ; and, in particular, the indenture of dissolution recited the mortgage in question ; and the petitioner was to be secured from all debts whatever. Edward Perry • 9 • • • eontintieti to earl* oat the btliined Julie Last, and had paid all the money du for interest on the re: cited niartgage, till the. year 1312 ; but the principal still Continued due on the mortgage: In Julys a com mission of bankruptcy issued otit against Edward Petry: Under the toMmission; Edward Perry's I moiety had been sold and the prayer of th e p e t i tion was,_that the proceeds of such share should, ih the first instance, be applied to pay off the whole mort gage debt, His Lbrdship said, there was ito doubt but that Moorsby, the mortgagee, *as entitled to re ' cover the whole of his mortgage money from the heir-at-law of William Perry, and that such heir-at. law had a right to be reimbursed that money by the Executrix, as in ordinary cam'. In this case, the Executrix sells her share in the business, and Edward Perry. for that and other considerations, agteed tb pay off the whole cf the money due on the mortgage, and from that time down to the month of March he had paid the interest on the mort gage. The rents, it appeared, had been paid, one half to the petitioner, and the other half to Edward ' Perry, It had been contended by the Counsel that the produce of his moiety should be applied to the payment of the whole inortgage debt, on the ground that the petitioner had a lien upon the estate. On the other hand, it had been contended by Mr. Richards, that it was a mere covenant, and gave no lien on the estate ; that it did not form a debt, and could not be proved under the commission. His Lordship was of opinion that it could not be proved under the commission, btit did not think that was the question. He thought the question war, whether the moiety of Edward Perry should be applied to the payment of the whole of the mortgage money?— If Edward Perry had not become a bankrupt, and the heir at law had filed a bill in Equity for the re demption of the mortgage, and the executrix of Wm. Perry had preferred a petition, praying that the now bankrupt should be considered as the sole mortgagee, she having paid him her share of the mortgage mo ney, it was his Lordship's opinion that the prayer of such petition would have been granted, and he thought the assignees could not stand in a better situa tion than Edward Perry himself would have stood. It appeared therefore to him, that as the agreement might have been enforced against the party himself, it might also be enforced against the assignees. EXPAItTE GIBBON, IN THE HAMM OF NESBITT% EXPARTE BRILEY, IN THE MATTER OF NLABITT. The Loan CHANCELLOR stated, that the question on these two petitions was, which of the petitioners had a right to receive the sum of ie2614 Bs. 7d. being the amount of a dividend declared on a debt proved under the firm of I'. and J. Spaw and Co. J. Spaw and Bryce carried on business together. and had large transactions with the bankrupts as bankers. and Nesbitt and Co. were indebted to Spaw and Co. in £2,596. 3s. 4d. John Spaw died on the 12th of February, 1799. S. Spaw and Bryce, as surviving partners, were entitled to all the debts due to the partnership. S. Spaw, (subsequent to an indenture which his Lordship would notice), in die name of himself and Bryce, proved the debt under the com mission cif Nesbitt arid Co. S. Spaw died in 1811, after hating received one dividend of 1 Os, in the pound, leaving Bryce the surviving partner—Bryce was consequently the hand, to receive at law any debts due to the partnership. S. Spaw appointed Bigley his executor: a commission was afterwards sued out against Bryce. Since the banki riptcy of Bryce, a dividend had been declared on the debt due to Spaw and Co. amounting to Ran.. Bs. 7d.— This sum of money remains in the hands of the assig nees of Nesbitt and Co. Gibbon and others, the as signees of Bryce, one set of the petitioners, claimed in that character ; and Bigley, the other petitioner, claimed it as the executor of S. Spaw, stating that in consequence of an assignment made by Bryce to S. Spaw of this debt, he, Btgley, had the equitable right. It was, however, contended on the other hand. that the assignment was without any consideration, and merely to enable Spaw to collect the debts of the partnership—and it-would depend OR the state of the accounts, whether the assignees of Bryce or the exe cutor of Spaw would be entitled to the Amount of the! dividend. His Lordship said, that if it were not for three or four words thrown in, he should have had no doubt but that the assignment was merely for the purpose of collecting the debts. His Lordship then read the assignment, which, after reciting the will of J. Spaw, and stating that there were several debts due in the West Indies, and other places in that part of th e world, and that S. Spaw was about to go there, and that S. Spaw did, therefore. request Bryce to assign over the debts to him, he Bryce. did assign over all debts, &c, to the said S. Spaw, but then it was said to be for the use of the said S. Spaw, his heirs, &C. His Lordship said, it was those words i only that raised any doubt ; every other syllable aimed at the purpose of collecting the debts. These words were probably inserted from following some precedent ; and he was on the whole. of opinion, that the assignment was made merely for the purpose of collecting the debts of the partnership. Bryce was, therefore, the proper hand to receive the dividend; and the proper order in this case would be, that the legal right to the dividend being in Bryce, it should be received by him • but it should be received as part of the partnership effects in the concern, and should be accounted for accordingly. • I:XI'A RTE FLETCHER, IN THE MATTER OF FLETCHER. This was a petition by the bankrupt to supersede his commission, oh the ground that there was no act of bank: uptcy or petitioning creditor. On a former occasion the Lord Chancellor made an order, that it the Commissioners found Fletcher to be a bank rupt, be should not be gazetted without informa tion toeing given to his Lordship. The commission had been sued out the 13th of March, and the LORD CIIANCLLLOtt asked, why Fletcher had not been proved a bankrupt from that tine to this day' (the 'bl•dt August) It was stated by the Attbrney for the petitibning creditor, that his Lordship had made an order to ttop any proceedings under the commission. The Loan CHANCELLOR said, be had not made any such order ; but had merely directed, that it should not be gazetted till he Was made acquainted with the tact of Fletcher having been Made a bankrupt. His Lordship now directed, that the commission should be superseded with costs. His Lordship being then asked to assign the bond, refused, stating that he was not very toad of assigning the bond ; for the assignment of the bond was proof , that £2OO was due, and it could mot,be disputed i • . 11e ' • but t party tritglikbring an action on the case, and, instead of 42Q0, tn;ght recavel.datnages to the Amount of al if,he could prove that he had sustained damage to that amount. He it to be (14- tinCtly, understood, that the reason lie superseded the bankruptcy was, that although the commission was sued itt March, yet the party had been proved a bank rupt even in the month df August, although the par ties had been three dr four times before the Com Mis. sinners for the purpose ; and for that reason he Omit,' have superseded the bankruptcy, although they Might be able se prole him so be a bankrupt. XE24I ; ASSIZES: sevens Loan ELLENDOROUOU AND A SPECIAL JURY. THE ICING v. ItOCHCfI. This was an indictment against the Defendant for a nuisance. From the statement of Mr. Serjeant SHEPHERD, it appeared that the Defendant had erect ed a wharf at Northfleet, which obstructed In a very great degree the navigation of the river Thames at that part ; besides this, be bad laid down a conside rable quantity of tubbish in tile bed of the river, which at low tide was a very great inconvenience, boats fre quently getting aground in consequence of it. Seve ral witnesses were examined on the part of the prose cution, who positively swore that it was a perfect nuisance, and a eery great inconvenience ; for in consequence of the wharf, the watermen were ob liged, when rowing against the tide, to tow into the mitidle of the stream. Witnesses were examined for the defendant-, who proved, that the wharf in question was a great con venience, for in ro*ing up against tide it gave the watermen breath, the wharf forming an eddy. It was also proved that the . Lord Mayor, upon viewing the work, with the City Officers; had expressly declared that there could beim possible objection to the altera tion ; but as the defendant had refused to seek a grant from the City, they now indicted it as a nuisance. Lord ELLIOII3OHOLIGH made some strong observa tions as to the gross improp r iety o f t h e City taking rents for encroachments, which they were bound to prevent, and for Which exactions. if made, he said, they were clearly amenable in another shape. The Jury, which was Special, (and who had viewed the premises,) decided without hesitation, agetiatt the Gity, as to the alteration in the *had in questions MASON V. FOREST. This was action of trespass. for pulling down posts, &c. which the plaintiff has brought against the de fendant. Mr. MARK AT?, for the plaintiff, stated, that the dispute arose out of a right to a road leading over Mason's premises. The facts, as stated by the Lear ned Counsel, are these :- -, There were what is called a hardway belonging to the estate of di, plaintiff, which was originally merely mud, but it has been im proved by the ancestors of Mason, so as to make it a hard-way ; a toll or recompence has been always taken by the plaintiff (Mr. Mason) for all goods and pas sengers landing on this hard-way. '1 homas Couchman deposed, that he knew the hardway for 66 years o and remembered its being re. paired by the plaintiff's &tiler and grandfather. The witness had also known to his own knowledge persons pay Mason for landing on the hardway. Wm. Brasier knew this hardway for 40 years, and ever since he has known it, it was called Mason's hardway. The witness has himself paid Mason for landing goods, and he knew several other persons who had done the same. Richard Wilks gave the same deposition as the other witnesses. Some other witnesses were also exa mined, who delivered the same statements. Mr. Serjeant SHIPIIERD for the defendant conten ded that what was given per bag or barrel to Mason, was not for landing it at the hardway, but for car rying the goods a certain distance which he did. Joshua Trimmer landed a considerable quantity of what is called breeze at this hardway, but never paid any toll for it. At low water the path-way is dry, and at high-water covered. About seven years after he had begun to use this hardway for a landing-place, Mason demanded a toll, upon witness refusing it, he threatened to bring an action against him, but none' was brought, and he continued landing his goods. Two other witnesses were ezarnined for the defen dant, and the Learned Counsel were going through the Case, when Lord ELLENBOROUGH thought there was not the least evidence hafdly that proved that the toll was paid. There were but two witnesses that said the toll was paid, and it was of no consequence to them,. being in so large a line of business. The right of way, therefore, ought to be considered for the public. The plaintiff consequently must be nonsuited.—Plain tiff nonsuited. WARWICK ASSIZES. Last week came on at these Assizes the trial of John lienshall, Thomat liadiv, and Thomas Wader, for coining counterteit three-shilling pieces. Thomas Lowe, a Constable of Birmingham, and other Police Officers, on the 28th of May, went to 2 house in Freethan-street, lately occupied byone Beeby, who was tried at last Assizes for coining. He heard distinctly the sound tf a large press at work ; it was about one o'clock in the afternoon. The house fron ted Freeman-street, but there is ari entrance into it from an adjoining yard: By this yard the Constable and the Officers got into the house and secured the prisoners. In the room where they were at work were two furnaces, exceedingly hot, sufficiently so for the fuilon of metal. Witness turned to Hadley, and said, you may as well tell us where the dies are :" he said they were in the stove. They imme diately pulled the stove down, and sag , two dies taken out : they had been ground on a stone, so as to pre vent the full impression appearing. One of the pri soners said, 4 6 you are rather too late ; you should have been sooner." He said, there is nothing in the other stove ;" but on examining it, they found metal in a fusible state. In the same roonrwas found a grinding-stone. In the bottom room there was also a stove. The prisoner, Whitaker, threw some blanks or pieces of copper into it. William Taylor went with the list witness to Whitaker's house ; he got over a wall to it, by means of a scaling-ladder, and heard, as he was getting over; the noise of a press going ; he also heard a bell ring, and afterwards the noise of doors opening and shutting. There was a door out of the shop into Whitaker's yard; witness forced the lower door ; it was fastened with two large iron bolts in the inside, and cased with sheet iron ; the windows were defen dad by remarkably strong iron bars. In the lower shop he found- Whitalcer is a well belonging to a large presS ; he was stooping and gathering up some pieces of metal, and then thre* them into a reJ•hot tOrnace. Prisoner said, " you should have been here quarter of an hour ago; you ale too late." "raylor then tried to forte his wty through a trap-door into the sevnid room, but could not, until he sptang a plank in the floor. In this room there was another trap-door, which he could not force: lie then sprang upon the outside to another winsioteb-lotiging to the top room, looked in and saw Halley and Leather ; one of them was working at a grind-.tune. At that moment his feet slipped and be fell, bat amidst bold by his hands. Witness presently 'Nuke the frau Ines of the window with a strong inithinslat. and got lasts the room ; he sorsa opened the trop-door, and let in Payn, the constable, and two others. The taros sets fastened in the inside by strong iron bars let lino the wall. Some metal was produced, which 'he witness found in a lower shop, in a furnace. Thomas Dale, a police officer, endeavoured to get through the hole that the last witness had meJa: in the cielii.g, but did not succeed. Henshall forced him down by a ladder, which, he believes, was this same they made use of to get from one shop to ano ther through the trap-doors. He took from the fur nace, in the lower room, d steel collar, which is used ;u the makitig of money. Joseph Leather, (an accomplice, adniitted King's evidence), had been acquainted with the prisoner. Henshall, a long time ; he worked with him sit weeks before the 28th of May. _ The other prisoners fre quently came to Henshall's. Witness was at hit house. by three o'clock in the morning of the '2Bth. He was to mind the furnaces, while they struck the three-shilling pieces. Henshall told lum the furnaces were to melt three-shilling pieces, if any thing was the matter. Prisoner Hadley came soon aft-r. At half-past three they began to work, at making three-shilling pieces. Henshall put them in the dies, and Whitaker and Hadley struck them. The dies were cold silvered when they were ptit into the press. They had been silvered the day before. Henshall And Hadley silvered sometimes, and sometimes wit. ness. Whitaker took them away when they were finished; they were wrapped up in two papers, brown and white, in ten dozens and twenty dozens. They were taken away etery three or four hours, as they were made. Witness heard them say, they were -to . be charged seven shillings a dozed. He first saw the constable on the wall, and called out to the'spriioners. o. that the trap: were coming ; one of them took nearly a handkerchief full up stairs, and put them in a fur nace under the ~ i ndow. Henshall ran up s!airs after him with the dies. Hadley told witness to tura the grinding-stone as hard as he could ; he did so, and Hadley ground off the impression, Und then threw therii into the hot furnae. Mr. Glover, from the Bank of England, produced a genuine token, He believed those produced in Court to have been made with a design to resemble such genuine Bank tokens. The prisoners declined saying any thing in their defence. The Jury found them all Guilty.—Sentence trans portation lot low teen yearb. YORK ASSIZES. Joleftk Portrait: and George Wain:on, otherwisti George Cluw, were charged with burglariottsly enter ing the dwelling-house of Geotge Holroyd, of Clifton, and stealing therefrom a quantity of bacon, butter; and eggs, on the 30th of April last. George Holroyd, a clothier, who resides at Harts. head, stated, that he was disturbed In the night of Friday, the 30th of April, 'and awoke from his sleep about one o'clock in the morning ; the first object he saw Was a person standing at the bed-head, with a shovel in his hand, who waved it over him in a me. nacing attitude, and threatened to take away his life if he did not deliver up all the money he had. This person he stated to be the prisoner Fourniss: witness, almost immediately after, saw another man : witness replied, that they, might take all he had, if they would only spare his life. He , said, they then de ' manded a candle, and that he directed them where to find one, which, when found, they lighted at the fire. They then demanded his gun, and witness told therd where to find it. Fourniss also got the gun, and demanded of the witness why it was cocked ? Wit i ness told him, that it was only on the half cock.- -Fourniss then came again to his bed-side, and drew a table knife from his pocket, and said, if he did not tell him where his notes were, he would certainly take his life. He assured them that he had no money worth their notice, but they might search where they would, and take what they would, if they would only spare his life. Fourniss said, money they wanted, and money they must have, and asked where his breeches were ? Witness told them they were laid upon a chair by the bed side, but there was only sixpence in the pockets, which was all the money he had ; he did not see theni take it out, but in the morning he found that k was gone, and he was sure that it was in his pocketrwhen he went to bed : after that, Fourniss again threatened to kill him with a knife; they both came to his bed-head, and Fourniss said, that as he would not inform them where his money was, they would kill him; witness then requested time for prayer. Wilkinson said to Fourniss, " let him pray," and the witness prayed a few minutes whilst the prisoners both stood over him : when he had done praying, Wilkinson seemed to relent, for when the other said, id he will not shew us where the money is, we Must kill him !" Wilkinson said, gg No ! we will not kill him." Fourniss then went into the cellar, lea-ing 'Wilkinson to stand over him, with the knife. Wilkinson told the witness he need not be afraid, but migha lie down and sleep, for he should not be hurt if he could help it. When Fourniss came out of toe cellar, be went into a back place where his Mom was. Witness said, that whin they were standing over him, threatening to take his life, he told them if they would spare his life, he would get them a few waes from his daughter, and lay them in a baie a: the house end for them, which they might fetch away the follosting night. Witness said, they remained in the house about an hour, and took away with them about nine or ten pounds of bacon, a quantity of butter, and about forty eggs : they took the key of his door, and went out of the back window; which was the way they ente;od his house.—The Jury re tired for about half an hour, and on their return into Court found the prisoners Guilty ; but recommended Wilkinson to mercy, on account of the compassion he had shewn-