Star. — London, England, 1821-11-21 00:00:00

L 4W INTELLIGENCE. i COURT OF CHANCERY, NOVEMBER eti. fit ATTORNEY-GENERAL D. THE COOPERS' COMPANY. On arming into Court his Lordship proceeded to give judgment on Dr. Jeans's Petition in this case, which was argued last week. He decidedly ob jected to that part of the Petition which prayed that at might be referied to the Master to inquire whe ther girls as well as boys might not be instructed at the Free School at Egham. He was of opinion that it was the intention of the founder of the School that boys only should be educated there. All he could do wit!, respect to the other parts of the Petition was to direct, that in the scheme which should be adopted for the future management of the funds of- the charity, consideration should be had as well to - the by-gone and accumulated rents as to the anticipated rents, and that such a distribution of the. funds should be made as would include the past services of the Mas ter of the School. It might also be referred to the Master to inquire what necessary repairs of the School had been effected by Dr. Jeans, and the Court would act as it thought proper upon the considera of the Master's. report. He would decide how the costs of the application were to be paid to-morrow. THE ATTORNEY-GENERAL D. THE SKINNERS COMPANY. The ATTORNEY-GENERAL proceeded with his ar gument in this cause. When he lett off yesterday he was addressing his Lordship on the effects of the two Acts of the 14th and 31st of Elizabeth, and of the former in particular. The Acts confirmed the con veyance of the estates situated in the parishes of St. Pancras and All Saints, by Fisher, to the Skinners' Company, for the maintenance of the Tunbridge School alone, unconnected with any other charity. Immediately Fisher made conveyance of the estates, they were seized by the Company in trust for the benefit of the school. The Company could, in fact, hold them in no other character, for the charter gave them permission to hold lands for the benefit of the school, and for no other purpose. If no other in strument than the charter existe.l, the Company could not have argued the case against the school. What, then, was brought forward to impeach the title of the school? '[tie will of Judd, which was said to be put in operation by the statute of the 43d of Eliza beth. The construction which his Learned Friends had put upon that Act was certainly very extraor dinary. He knew that that construction was .sup ported by the authority of many decisions, which he was sure his Lordship would not multiply. It was contended that by that ex post facto law, the will of Judd, which was before invalid, was rendered valid. His Lea.ned Friends would not admit that the Sta tute could affect the Acts of Parliament in the same manner in which it affected the will. They said the two Acts of Parliament must be put out of con , sidcration, and that the Statute acted only upon the wi2, and rendered that operative which before was inoperative. The Lono Citaticit.t.ort said, he was of opinion that the will was not wholly inoperative before the passing of .the 43d of Elizabeth. Mr.IIEALD said his Lordship was right in sup posing that the will of Judd was not wholly inopera tive prior to the passing of the statute, because the Company were enabled to hold lands in the City by a charter of the City called the Golden Charter. The ATTORNEY-GENERAL contended that Judd could not devise the St. Pancras and All Saints estates, because he was orly a joint tenant in them with Fisher. He could not, by his will, alter the trust which he had previously vested in Fisher. Judd would have committed a fraud both upon the Cross n and the School, if, alter having obtained a license lot the Company to hold lands for the benefit of the school, he had su i seradded a trust for the benefit of the Company or sonic Other dimity. If any question with respect to the estates had arisen between the pass ing of the 31st and 43d of Elizabeth, it was impossi ble that the will could have been set up. The LORD CHANCELLOR said, he was doubtful whether the Court had not been accustomed, prior to the passingof the 43d of Elizabeth, to hold devises to Corporationsfor charitable purposes good, although they w ere as invalid as possib:e at law. The ATTORNEY-GENERAL said, the determination of all the cases which had occurred, seemed to have proceeded on the principle that, but for the interven tion of the statute, the Court could not uphold the appointments. The LORD CHANCELLOR was of opinion, that such a construction could not have been put upon the sta tute, if it had not been the antecedent practice of the Court to consider any devise for charity good, though it might not be good at lasv. If, on the other hand, it Was contended that the statute made good everything that was void before, that would berme of the strongest constructions ever put on a statute. The ATTORNEY-GENERAL said he was not aware of any case in which the Court had confirmed an invalid deiise before the passing of the statute. The LORD CHANCELLOR said it was a question whe ther the will was invalid before the 43d of Elizabeth was passed ? He was of opinion that the devise was not made to the Company in their corporate capa city, but only to the Master and Wardens for the time being. The devise did not give the Company their proper corporate title. The ATTORNEY-GENERAL said he was proud to have that opportunity of stating publicly, that ortiong . the almost innumerable charities which the Commission had.found to exist in the country, there were very few instances of malversation or improper application of the funds on the part of the trustees. It was impossible that any blame could fairly attach to the Commissioners for their conduct with regard to the cause before the Court. It was their duty to support what they conceived to be the rights of the school. Their view of the case had been supported by the decree of the Vice-Chancellor, and he was confident that that decree would be confirmed by his Lordship. Mr. HART followed the Attorney-General at some length against the appeal. Mr. Titoweit followed on the same side, and was gpeaking when the Court rose at three o'clock. VICE-CHANC,ELLOWS COURT, NOVEMBER 00. Nothing of particular interest to the Public occur red hi this Court to-day. COURT OF KINGS BENCH, NOVEMBER so. ite IT this day occupied is baring ofl afgefaeOts, hut bone of the emit had any ' public, interest. COURT OF COMMON PLEAS, NOVEMBER W. Pex.scir:or INSURANOZ.HUDSON V. HARRISON. 1.. Thisswas an arguMent upon a special ease. The plaintiff had insured the ship Swallow from the Cape of Good Hope bound to Liverpool and Dublin, freighted With a cargo of Cape wine, valued at -67900. :mere 'were '241 pipes and 71 half pipes. The ship was wrecked near Bristol, and the cargo for six hours under water: a hole was madi in her side, through which several pipes were drawn out; many of them were found staved, and the salt water had penetrated others ; 71 pipes and 43 half pipes were, however, saved free from injury. The wreck was made on the 23d of December; and three days afterwards, the Captain gaie notice of an abandon ment to the underwriters, who agreed (at a meeting where three only attended) to send down an agent to Bristol, to examine that part of the cargo saved, and to assist in the necessary arrangements for making it productive. The defendant did not attend the Meet ing of the Underwriters ; but at: the end of the month of February, and just as the sale of the saved part of the cargo was about to take place, he sent a notice to the owners of the vessel, that he would not accept the abandonment : he also transmitted a notice to prevent the sale then about to take place. Mr. Serjeant TADDY, for the defendant, contended, that' though he did not object to the abandonment the moment it was made, he was still in time to in terpose his objection before the sale. He had never acquiesced, nor was be an attending party et the Meeting at Lloyd's, where only three of the under writers attended. One quarter of the cargo bad been saved in an undamaged state, and with that a vessel ought to have been freighted to the ultimate desti nation of the original cargo. Mr. Serjeant HULLOCK contended, that the de fendant had due notice of the abandonment, and ought to have attended the Meeting at Lloyd's. Chief Justice DALLAS said, that the great question of, under what circumstances, generally speaking, an assured had a right of abandonment, so as to open a principle which would be applicable to all cases, the Court were not now called upon to consi der—that was a question of great and difficult con sideration, so all the text writers thought, and with them the Court concurred ; but here there was no ne cessity of considering what ought to be the ground work of that broad principle. That the assured might abandon under certain circumstances was quite clear ; that the abandonment might also be superseded if the voyage could be proceeded upon, for instance, in such a case as re-capture, was equally clear; but where damage was done, and a pro portion of a cargo saved, was the assured bound to go on with the part so saved, or not? If he be bound to make his election, then in what proportion of injury does the right of stopping or proceeding onwards zest, so as to have a regulating principle? He shotild pass over the Meeting at Lloyd's, and the question ' s whether the three who attended could bind those who had not attended, and come at once to the other facts in the case. The damage took place in one of the harbours of this country ; the earliest possible notice is given of the abandonment grounded upon that loss ; the party to whom the abandonment was made took no notice of it for two months afterwards, until the time of sale arrived. Narrowing the ques tion to that point, the Court were of opinion that the assured had a right to recover, and under all the cir cumstances for a total loss. • The other Judges concurred entirely in the opinion pronounced by the Chief Justice. INSOLVENT Dumas' Yesterday, a person of the name of /I a lam Harris, applied to be discharged under the Insolvent Act.— He was opposed by three different creditors, on dis tinct gi minds. The aUega:ions of the first creditor not having been proved to the satisfaction of the Court, were put out of its consideration. On the part of another creditor, Mr. Langdale, he was op lapsed under the ISth section of the Act, for having put the party to vexatious and unnecessary expense' at law. On the part of Messrs. Curry and Harding, he was opposed for fraud. The insolvent, it appeared, was the keeper of a public-house, and in that situation he contrived to get credit for spirits from different persons, but he did not spew a disposition to pay any of them—his credit failed in consequence—those to whom he be came indebted refused any longer to supply him, and some of them took proceedings against him. In this state of his affairs, and whiLt those proceedings were going on, he applied to the house of Messrs. Curry and Harding—the latter partner (Mr. Harding) was acquainted with his family ; he concealed his situa . turn from Mr. !larding, and pretended that he wished to deal with Curry and Harding, not so much for his own accommodation, as from a wish to cynfer a be nefit on their establishment. Mr. Harding did not hesitate to deliver a quantity of spirits to him, to be paid for in one month. At the expiration .of that time, Messrs. Curry and Harding applied for pay ment, but the insolvent failed to make good his en gagement. On a subsequent application, the insol vent stated that he had been in a very bad state of health, and was, in consequence of his indisposition, unable to make regular payments; but, as his health had improved, he would be able to make greater exertions in future ; and if Mr. Harding would send him a further supply of gin, he would undertake to pay him £lOO in ten days. Curry and Harding agreed to do so, but the insolvent had previously put it out of his power to make any return, for he had given to a friend of his, a Mr. Fitzsimons, who bad gone joint security with him to a Mr. Lighttrap for £lBO, a warrant of attorney, which had fallen due'' previous to the second application for credit to Curry ::.nd Harding. Mr. Fitzsimons finding himself re sponsible for Lighttrip's debt, in order to secure him self, put in execution, and seized upon all that was' on the premises of the insolvent. The COURT said, that looking on the whole of the case, considering the accumulation of debt, on the part of the insolvent—his having suppressed the real state of his affairs when he applied for credit to Curry and Harding—his pretending to confer a benefit when. he was only endeavouring to satisfy one party with the property of another—the Court were bound to de clare, that the insolvent was plainly guilty of a very delibeaste and very unfeeling fraud toward Messrs. 'Curry and Harding, and they therefore declared that he should be impristeted for atetteen months from the day on which his petition had been lodged. Geerge Frederick Huston was opposed by Mr. Deer ing, for having put the creditor to . vexations and un necessary expense. Mr. Deering sold a quantity of vetches to the insolvent, for which he claimed a sum x'4'3; he waited for some time , for payment, but ultimately he proceeded by action in the Court of Common Pleas to recover the amount of his demand; in that action judgment was suffered to go by default, but the insolvent, aided by contributions from his friends, subsequently brought a Writ of Error. It was contended on the part of the creditor, that no offer of payment was ever made by the insolvent, and that his resorting to a Writ of Error was for the mere purpose of putting his creditor to every species of in convenience and expense. On the other hand, the insolvent, in the course of his examination, positively swore that the quantity of vetches purchased by him were not worth a sum of CS, and that he had offered a sum of £l. 18s. which as payment of the debt, Mr. Deering refused to accept. That the proceeding of Mr. Deering having been improperly opposed in the first instance, was the act of his (the insolvent's) At torney ; and with respect to the Writ of Error, it was brought at the request of the insolvent's friends, and even of some of his creditors. The Count said, that though there evidently were faults at both sides, it yet could not look over the conduct of the insolvent, which was clearly vexatious. They decided, therefore, that he should be remanded, and should remain in prison for three months from the date of his Petition. MANsiow-House.—Yesterday, the wife of Ca&elia, one of the unfortunate men executed this morning, was charged with stealing a snuff-box from a blind fiddler, at a public-house, to Long-alley; but before the Magistrate he said be could not positively state that it was the prisoner who stole the article, anti • she was discharged. GUlLDHALL—Yesterday, T. Nicholson was charged with stealing 4} yards of woollen cloth. S. Harvey, shopman to Mr. Cleobury, a tailor, in Cheapside, stated, that he saw a hand in at the shop door ; he jumped up directly, but the person was gone, and he mis,ed the cloth. !Watley, a porter, who had seen the robbery from the opposite side of the street, brought him in, and the cloth was taken from under his smock -frock.—Com m itted. Benjamin Samuels, or Solomons, of Field-lane, ap peared to chew cause why he 'closed to pay the re wards for the attendance of three engines, directed to be paid on oath by the Alderman, kc. Corby; pari.,h engine-keeper, deposed, that there was an alarm of fire at the house on the Bth instant, and that the soot in the chimney was on fire. An attorney, who at tended for the defendant, objected to his evidence, as being interested in the case ; but a beadle, of Saffron hill, who was disinterested, swore to the same fact. Oram, one of the Sun Office firemen, was next called, but he being entitled to part of the reward, as well as two or three other firemen, the defendant's attorney objected to both of them, and called two individuals, who swore they were in the room and on the roof, and-saw no fire ; but they confessed they had assisttd in throwing water and rubbish down the chimney. The words of the Statute being, " on the oath of fit persons," Mr. PAYNE, the Clerk, thought the Ma gistrate might hear the firemen. Three of them then deposed, that they were refused admittance, saw a cloud of smoke and sparks, and also persons on the roof throwing water down. Alderman C. SMITH de cided in favour of the firemen, and said he did so on the evidence of the defendant's own witnesses. i~IAnLBOROUCH-STREET.—Testerday John fin 'deg was charged with stealing three suits of clothes, the property of Captain Faster, of York-street, Edge ware-road. The prisoner was casually employed in the Captain's house, and had taken the clothes from thence. Mr. M'Cray state 3, that the apparel was not the Captain's; but that it belonged to a person who died in his house, and had been given to the prisoner by a friend of the deceased. The prisoner said, that the clothes were given to him by a Lady, a friend of the deceased, whose property they were. The Cap tain declared that the property was his; but in con sequence of the prisoner's wife being pregnant, and his having a large family, he should be content upon the Magistrate holding him to bail, which was done. QueEN-souartr..--Yesterday, Mrs. Earner, a Lady who lets furnished apartments, charged one of her lodgers with not paying the rent due, and pawning a tea-caddy belonging to her. Michael English, servant to the person charged, was sworn in the usual manner, for the purpose of rebutting the pawn ing of the caddy, and repeatedly stated, on oath, that it had not been pawned, but was at his lodgings for the purpose of getting a new key made for rt.— On the Magistrates' doubting his testimony, and find ing, on inquiry, that he was a Roman Catholic, they directed him to be re-sworn on a copy of the Gospels, bound and ornamented in a particular manner for those of his persuasion to give evidence upon. He then instantly acknowledged that he had only that morning released the caddy from the pawnbroker.— The Magistrates expressed their detestation at such deliberate perjury, and recommended the lodger to pay the rent and quit the apartments. MARY-LA- Bowtt OF riC E.— Yesterday, Mrs. Wor ledge, stay and corset maker, in Mortimer -street, Cavendish-square, made application to the Sitting Magistrate, EDMOND GRIFFITTIS, Esq. for advice how to recover her apprentice, a female about 17 years of age, who had been induced to abscond from her apprenticeship by artifice and intrigue, in the following manner:—Mrs. Worledge 'stated that the fugitive arose yesterday morning about six o'clock, her usual hour, and cleaned the shop window out; after which she packed up her wearing apparel, and absconded. Her absence was discovered at about eight o'clock, by her not appearing at the breakfast table as was her usual custom ; a search took place, and on looking over her bedroom her pockets were found under the bed, one of which contained a letter wherein the writer expressed her inability of confer ring with her (the runaway) verbally, not being able to speak the English language, therefore had got a friend to write the letter, which stated that she was about leaving England for Paris, and that if she . would run away from her mistress, she would engage her as her interpreter, and would allow her a salary of ten guineas per annum, and provide her with, every necessary, food, &c. for her services. The let ter concluded by desiring her to call early id the ~ moraipg, ( yesterday) ort Mousisur Henri, at WO. Great Maryla-Bone-street, who would a n a d n ie,st i te. business for the writer. She (Mrs. Wori h a d been ge) 4 been to No. 12, where she learnt that Nlon , i e Henri occupied an apartment, and was courier tot Nobleman in Wimpole,street, and that a ywa og male answering the description of her apprent ice, company wit') a 'foreign Lady elegantly came to the house, and had a long'confereac e sciu . Monsieur Henri, and they afterwards left toge:h et She had been everywhere in pursuit of the run awa ; but could learn no tidings of her. She therefor e r te quested the interference of the Police to Assist her 4 discovering the fugitive. The Magistrate a s k e d 4 Worledge if she had any conjecture who th e f orei ri Lady was that accompanied the runaway to tp 's e l apartments of Henri? Mrs. Worledge said dot had every reason to believe that it was a Freacha. of intrigue, named Madame De Vile, ssho oc • cum a suite of apartments in her house; but : he l ta. ir t discovered her profession, desired her to apartments many tims, but she did ot ; i e ..„ - • finding a verbal warn i ng had no avail, n she h ad b , ; „ 4 I her with a written notice to quit, whip she w o about to do on Thursday next, and was France. Monsieur llenri was frequently with he it her apartments, and therefore she had no doubt ea they had decoyed her apprentice away fi c , o , I x house. The Magistrate said sl , e should have t' sistance of the officers, and Monsieur Henri sh oj i,{ be brought before him to-morrow (this day), ande.. business should be then investigated. Mrs. Wcaied 3 thanked the Magistrate, and leque Uatoy-HAt L.— ymtng man, nathed if Cale, who vas a short tine ago Fm -boy to 'Loma t Jones, the proprietor of the Dover Ca.tle house, in Dover-street, S arthw ark, applied on Mn. day to the Sitting Magistrates for two suninionse ; the ore to" oblige his master to appear to ;got for detaining his clothes; the other to oblige !sisa l& ter's niece to attend at the Office, as an evidencei the unwarrantable detention of the property. Tr two summonses were granted upon the repress-mai l of the pot-boy, who asserted that Mr. Jones had ground whatever for keeping possession. thee: ~. and that he would, in all probability, endeavou r it prevent the attendance of his niece, to whom theca cumstances of this bard usage were known. Year. day the parties attended at the Office, Mr. June, ass his niece, accompanied by a Solicitor. T..e having stated his charge, the Magistrates asked tht defendant what reason he had for detaining k it clothes? Mr. Jones said, that he had a coniplUu to make against the pt,t-hoi, which he !warm! would justify him in what he had done, and Le t's means of bringing to punishment a very cgrc , ,;lou offender. He then stated, that the pot-buy had lied with him seven months, and had, soon after hew to the situation, begun to dress himself in a stlie which his earnings could not support. Witneusa• pected that the money with which these finetiil were purchased bad not been got honestly, And ca the pot-boy left the house questioned his niece epos the subject. The young woma:s acknowledged, is tears, that she bad supplied Cale with I age sum of money, which she had taken oat of the till atdif• I ferent times ; that Cale knew by what means she lad become possessed of tile money, aad had . promili to marry her as soon as she should icare her m ,d c ' t house, which 67.-2 had agreed to Lts soon ;that he t.:d taken his departure. She added, that the mosey she had given him had purchased all the clothes in la box, and a watch ; that she had supplied him win spirits, and put a purse containing nine sove:eigss into his hand the very more: he gritted the hone. When the pot-boy expected to receive a wife, boa ever, he was surprised at the appearnoce fichisineAT and an officer, who proceeded to search one ti ii boxes. In the box a quantity of the - niece'sdils and other things were found. The put-hoy rod - to make a compromise, but the proposal wat er, tended to. Mall, the officer, stated, tisk. he 1 ..,a broken open the box at the pot-boy's loch al found the clothes. The other box reme tody of Mr. Jones.—The Magistrate pot-boy should be committed for the was however offered and taken. Nu: .... .....-- ea T. doe II 1• , A -6( tl Dini num tads , for t capi Ira Jev &T tit Jou rote Pa Us. Between five and six o'clock, on the house of lionEtur 13R1STOW, Esq. court, Holborn, was entered by thi keys. The family IA ere out of town, was left in the care of the cook, a trot on the evening of the robbery v, as to a friend's, and imprudently left villains broke open all the beaufets, the house, which they ransacked of family plate and other property, and fore the return of the servant. A dai a skeleton-key were left behind by the or five suspicions characters were seen the house at the time of the robber , evening, during the temporary absence the house of Mr. W. Ehiaxasos, 57 Pimlico, was entered and robbed of c perty, with which the villains escaped. 's lodgings, rl J nains in theca Yt ordered thatfe 11 offence. Pel llotiday eveaiz Ri 3, St Andrei Il i: A co .asty serv a nt' i to 111 • (1 1a llt e :aidh l el' kr aer d ilv o t . ane e eth ib wasi c a dlo b z ee a luo e m r. t ise.: rsi lth I pd t 0 21 : 0 :1 F 1 en lurking tit )er y.--The gist ace of the fat 4 h 7, Stafford-O considerable 10 — ifitrriis. - At the seat of the Earl of Farnham, near Cavan,ieltil 01 James Sawiderson, Esq. R.N. of a daughter. Tuesday se'nnight. in Drogheda, the Lady of Henri Nl* r Esq. M.P. of a son and heir. Thursday se night, the wife of L ieutenant Thomas Maa r : 'n Watt, R.N. Commander of the private East India shilat ° ' c of a son. MARRIED. 4 N0v.19, at Berryhole, George Russell, Esq. younerd",„ ton to Mary, youngest daughter of the late Rev. Ilr. Wm of &lane. 1 DIED. The 7th inst. at Bushy Park, county of Wicklow, dah" 1 fever the Hon. ~ Leone, Howard. • Sept. 2 , at Sierra Leone, Lieutenant Kingdom, ILIt 1111 Prince Regent colonial schOoner. Nov. 10, at her house in Belfast§ Mrs. 31 ( Ilmthi , 4- -"IP lict of the late Colonel M'llroth. Nov. 10, Mrs. Margaret Parlane, spouse of Dr. Chatl° ; of Dunearn. At Edinburgh, on the Bth instant, Jane, eldest &P A Cathcart Boyd, Esq. late Examiner and Accountant of # and Fisheries in his Majesty's Customs for Scotland. At Ayr, on Tuesday last, Major John Chalmers. „, June 9, at Madras, P. Crawford, M.D. son of the 911" r Crawford, of Newfield, Ayrshire. so.° I MAILS 111111 Day.-...ARR. I Dublin 1 0 Lisbon # I 0 Waterford 1 0 France 0 i I . Guernsey and Jersey 1 0 Hatphurgb Holland 0 0 Gottenburgh 0 i Flanders Malta 0 0 0 0 I „I Lee aru wa aic rd a islanas 4 Wipciai I Named and published by lsvSip *yr— raif L AO* sgp Tazek•Wro 1 11: