The Statesman. — London, England, 1820-11-18 00:00:00

• , • .• 4 4 I ; l• . / I 4. LAO' INTELLIGENCE. COURT OF CHANCERY.—Nov. 17. Tile ATTOINIT-OPMBRAL r. Till CORPORATION OP 11111 STOL. Mr. Tao:stein resented his argument is this mews aid contended, at anurlderable length, against the sum of cotperatieo of Bristol. Mr. Pritusiont was heard on the same stile. With respect to the leogth of time which had elapsed in this CVO`, he eked the cab! of " The Attorney-Cenral v. the Skinners' Campos', whist); had been recently heard before the Tice-Chancellot‘ audwhere his honour, not withstanding that 130 years lied elapsed since the death of the testator, had decided to refer the matter the Master, for the pnrpose of framing a scheme by which the increased rents and profits of the property might be arplied to the use of the charity. ihe Loot) en stsceot.ort observed, that he did not micelle any length of time to be a bar in this case, bl there was no statute of limitation against charity. All that he had said upon that point was, that as to touch time had etned, that was a reason why he should le very clear in his conviction that the corporation of firiefnl had put a wrong construction on this deed be fore he should deviate against them. Mr. HART replied is the part of the Corporation. In answer to the Regiment of Mr. Wetherell. that the Corporation of Bristol, as trustees, could not take any part of the estate to their own advantage. he contend ed, that there were many instances where the same person held a part of the same estate as trustees, and part beneficially for themselves. It appeared, that, fur nineteen years previous to 1563, namely, from 36th of Henry VIII. during the six years of Edward VI. the fire tears of Mary's reign, and to the seventh of Queen Blisabellt, the 20001. had berm in the hands of the Corporation of Bristol; and that in 1565. on the Ist July in that year, Sir Thomas Wight agreed with the Carporation of Briitol, that, on the feast of St. Mar tin, in the T ear following, they should covenant with St. John's College, Oxford, to pay, dusting the follow lag eight years, one hundred pounds a-year to poor dodders ; and that. on the ninth and tenth years, they should pay to the Chamberlain of the City of Bristol, 2001. for the purpose of purchasing corn. 'I he rest of the arrangements were all prospective: but to the time past, namely, to the nineteen years during which the Corporation held the `2OOO/. no attention whatever was paid; no account with respect to it was demand ed. This showed the intention of the donor to give personal advantages to the Corporation of Bristol . And if they could have purchased lands of the din. solved monasteries and other religious houses, at that time, the purchase was to be made, of the yearly pro duce of IN/. for a sum less thin 2,000/. that was all Sir Thomas Wight desired. The Corporation there fore, he contended, were not to be considered purely as trustees. The Court would also observe, that the scheme of the Charity provided that to each of the twenty-two towns and cities through which the 100/. yearly circulated, 41. was given to the tows or city n hick, for that time, had the distribution of the 100/. To each this rosnpeasation for trouble was given, ex cept to the Corporation of Bristol. No compensation of this description was given to Bristol. as had been contended on the other side. Was it then to he sap pawl, that Sir Thomas Wight meant to lay all the principal berth*s of the Charity on the corporation of Bristol, anti yet give them no compeasation, no ad vantage whatever ; no, he clearly meant that the per son who bad the legal seisin of the estate should, in the first iestance apply so mach yearly to the Charity. and to the payment of those whe distributed it, and that he should keep the rest for his own advantage. 'there was this material difference between the Coven try case and the present ; that in the case of Coventry a right of entecing and distrainiag was given in case the articles of the deed were violated, but here so dis tress was allowed, the Corporation only were to pay certain penalties to St. John's College, if Cary failed t) perform their covenants. It was a doctrine that could not be disputed in this Court, that if a trustee was to derive no benefit, he, at least, was to be put to ol expense. Now with respect to all the other cur • - ?orations they had 41. a-year for the distribution of the 100/, whereas Bristol bad nothing. Why was this (+Due unless the donor considered the Corporation of Bristol as objects of his bounty, anti in that view he had given them advantages by making them legal pos sessors of the estate, and entitled es all remaining be yond the sum he bad appropriated to the charity. 'f he Loan Cu i'II'ELLOR said, that ueither recollee tion nor research roatkil him to find any case like the 1 present one. His Lordship left the Court at twenty-five minute: t•efore two, giving Mr. Hart to orsolerstand that he would bear Jahn conclude his argument to-morrow. ept:wr or KING'S 11ENCH, Wasnitsswita.--Nov. 1;. . , Mkt I AND CO. n, POOLE.. ;Lis was an action brought by M . Meat and breaerr, against the defesplant, a gentleman of fortune. to recover the value of a horse, which Lai teen killed by the alleged negligence of the defendant's s rvant. iicosir stated the facts of the case, and called th, following witnesses to prove thetn :otopit Smith was Hl the road leading from Vauxhall to t:lephmst, on the 18th of May, last year ; he saw dray with three horses belonging to hi . Men% and Co. standing opposite the Crown and Thistle pub lic•bouse, on that road. witb the tail of the dray tu:ned towards the gate of the yard of the house, for the purpose of rolling the butts off ; he also saw the cart of the defendaot by the Wheattheaf pub li c-house, shut tarn hundred yards from the Crown and Thistle. I and the two horses baiting with their irides and blinkers of, embody was with the cart. In a short time he observed tie horses in time defendant's earl run furiously along the road till - They case against the fore-horse of the desY; wb h the three horses were thrown with violence on thy (Toppi. William Lane was sitting in . the tap-room of the (*own sad Thistle while tbe,day.was tamed with the Oil to the opening of thc,sarti, the two fore horses Mang close ;,o the footway ,with their nom bags on. Wlsileite was adosibipg,,lK.borsetbe beorl a Esc ; the foremost horse test Irani the ft;eiway, and instantly the helms in the defendant's cart rushed THE 2TATESMAN aga:n t Liam and carried him almost to the other side I of the road. The wituess ran immediately from wher• he was, and helped to extricate the horses; the de 1 fendant's carter at that time rime roasting up. Th. ;shaft of the cart had bees forced into the dray horse to the depth of 16 inches. John Smith Corroborated the former witnesses, and said there was plenty of room for the cart to have gone past without touchi ng--the gateway of the yard of the public-house was not wide enough to admit a dray. Thomas Devisee I:red opposite the Wheelsbear— be saw the cart of the defendant there, with the horses baiting, sad no one by them; they were a kind of high bred horses. On his cross-txstnioation, he said they were not in the road, but in a recess turn lug oat of the ry e.l, staading head to bead, feeding on bay. Miles, the horsekeeper to Men: and Co., said the horse which was killed by the shaft was et the va lue of 76 guineas, and was bought in June, 181 g, for that money. The defendant had owned the cart and horse to be hie. James Moen, the drarman, had put a chain round the wheel to keep the dray steady. He left the horses 'more particularly safe that day than be had left them before or since. He was only is the t nese ten militates drawing off the butts. The reason' he had taken so ranch pains was, because a gentleness was admiring the horses. Mr. SCA auz rT said, in defence, he was deprived of the testimony of the defendant's servant, as be was since dead ; but he contended that the horses were I left in a secure place, and with their beads to each other, to prevent their starting off; and the same port of accident might have hap/word to the brewer's dray, even supposing a stage coach had passed along. on account of the insecure position in which the dray was left. The Voice JUATICR said, the que.tion was whe ther there was equal negligee' •e; for if accidents happened by the negligence of both parties, he who suffered could not bring an action. The Jnry returned a verdict fur the pi4ntiff—Da mages 79 liumeas. The Unity JCSTTCE—Perhar there is not a man who does not remember accidents happening frum the circumstance of horses bring left without blinkers. Now this was a very important thing and, from the rircemetantial way in which it was alleged, it was natural td *uprose that it might be pleaded with the usnal specification, namely, that of an authentic cer tificate of her birth. . I Sir Was. Score observed. he redid wish some anvil inquiry to be forthwith made as to the age of this party, or some sufficing reason to be assigned why the required specification could not be made. It was highly material that this thoold be known, particu larly as the wife, an a former occasion, seemed to have represented herself of a less 'age than she now ap peared to have been, upon the face of her own state nest. He could not, therefore, at present decide I whether the protest could be unstained or must fail. The better way would be to allow the cause to stand over far a short period, in order to enable the pasty I herself to bring in such plea : and the Court mid thus, at the same time, afford her an opportunity of bringing forward fresh evidence. The cause therefore stands over. CONSISTORI COURT, Nur. 17 . Ilatnes Ail 11101111VC, was a case of nullity of marriage, by memo impo tency, arising front physical ival-foruiaAion. The that extraordinary cireniii•tance of the suit, and the ono by which it is distinguished from almost terry Other of a similar character, is, that the wit, against whom the impedismemient is pleaded, is here-proceeded against by her second husband ; no proeein of any kiud having ever been taken out against heir by her former one. The case was argued at some length, in Jane last, upon the admission urea allegation on the part of Mr. Briggs, in which the Court at that time provisionally arquieseed. The present question arose oat ofa protest on the part of .the wife against ell far ther proceedings in the eas , ; intending,- olk cuprite, to tuck& the libel ti be offered by the party Iwo pon,at. Tlse protest being given in, was defended, as a valid plea in bar of further proceedings, by Dr. Arnold and Dr. Pbillituure, Counsel for the lady. It was stated that her first marriage bad been properly eemummated ; and that by reason of her present are, 51 years, It could not with any propriety, or in law, be required that she should be subjected to the ia 'per tio noetrunNam ; and, in coneliision, it was prayed that the Court might interpose to stay the suit, the grounds upon whi ,'i it was brouzin being unfounded. Dr. J ESN ra, on the other hand, as Counsel fur the husband, contended that, so lout as the Court eon tinivil to receive sueli eases as the present, this w the only way of proceeding - which could he ailooted with respect to them. If it was ten as the wife al leged, that her firs! in trrirge hail been duly consum mated, surely that was the very rearms why it was the more easy that such an in q uest shou!ii be had, and why the result of it should lie derisive. The prayer of the protest, therefore, could not be sustained, unless that specie* of ingot:Ty were previously nude, and pro perly certified to the Court. Dr. I,i-sittseros, on the same si le, referred to the opinion delivered by the Court, in a former stage of this Snit, upon the Myth of June last, which was to this eifect:—" . This is the ease of 3 husband proceed ing against his wife, in a suit of nullity of inarriaee, by reason of impotency. The Inderency of su.-h snits has been objected, as a ground why the present one should not be entertained; but the Clout cannot re fuse to entertain it upon that plea: and in the ease of " Ball r. Ball," which was put 'out of these Clews R i o' the sa u te pr:n•iple, the High Court of Delegates decided that indecency was no bar. Neither is the impossibily of proof a good objestion ; or else, whence arises this Court's jurisdiction over such suits at all : It has been objected, too, that no suit having been, is this case, instituted by the party's first husband, it Is to be presumed that the alleged defect does not, in fart, exist, and that, therefore, this snit is unfounded ; but non cantata that the former hushand hail out goat . / reasons for his silence, arising from his teluetsuei to take out proceedings, or from some other cause. I cannot admit the non-specification of this defective f or -01461111. becsu I' it is here particularly set forth: and the objection relative to the coltabiralio 1. irodiJlit does not apply to the ease before one. The age, however. is not specified with sufficient precision; an d I mu g admit the allegation, leaving it open to the insert{ of that plea, in the usual form, and iiith the requisite particulars." Dr. Liishington went on 1.1 observe, that the Court, in delivering that opinion, having thus es. pressed its wish that the age or the lady should besets. cifiCally and precisely pleaded, it was now alleged to the protest just brought in, that she was in her 51st year bat the Court would see that no certifies!, of iior birth was produced, as it ought, in all propriety, 0 be. Sir WILLIAM Store said, be certainly looked at age of the party as a point of very considerable Iveiglit is the caw. i s ta br, Ixsuisieom continues.—Me /oiled Unlit in rebren . bore on'the . AA of fisairil i rk the lawful daughter of James Ai!a-n tibmeife. ARRRSF FOR MOH TRICASO.Y. DOW-STREIT, FRIDAY NIGRT.—Our readers will ►seollect that at the time of the Cato-street Plot, a person named John Pelia was stated to be one of the principal conspirator*, and a reward of 40411. was offered by the Government for his ap prehension. This man contrived to elude the at nso.ut vigilance of the Police, and it was long ago con cluded that he had succeeded in getting oat of the country. Two or three days Are, however, souse cir cumstances care to light which revived the exertions of the °dicers. Ruthven, Ellis, and Westcott, were entirely engaged in pursuit of him the wholeof yester day, and at nine o'clock at night Ellis and IVesteott received certain information that he was at a house in Short's-gardens, Drury-hole. They accordinuzly pro ceeded thither, and after waiting a short time they sew Patin rousing from the boom in company ei ills two or three other men. They suffered the whole to pass them a few paces, and then Ellis sprang upon him puidioniag his arms firmly behind, whilst IVesteott faced him with a drawn codas. The prisoner seemed to intend a stout resistance, though his compailiosis all ran away, but IVestrott seizing one of his arms, and therehy leaving Ellis at liber►y to draw a pistol from his belt—lie quietly surrendered and was brought to the office. Mr. Birnie was out at the time; but infor mation of the capture ..ving been sent to hire, he came instantly and took a short examination of the prisoner's identity. To this purpose flothven deposed, that from infor mation he haul reecho!, he firmly believed the pri soner to he the person named Palin, wham name was so frequently mentioned on the trials of 'fhistiewood, lugs, Brunt, Ike., and for whose apprehension the Go. veroment acted a reward at that time. One of the patrol, liaison! Avis, swore the• he knew the prisoner to be the wan, from having seen him as a soldier in the East London Militia. Mr. liiRNIE nuiv wilted the Prisoner his name, and he replied that it was John Patio. The fulloning dia logue then ensued Mr. iilltNtr.---1 presume you know the charge upon which yon are brought here' Palin—oa No, Ido out—l am not at all aware of it." Mr. BIRNIF.—" Well, you have given na a great dcal of trouble, Mr. P.,lin ; but, however, here you are, and it is my duty to tell you, that von are charged with being deeply implicated with Thistlrwood, logs, auJ others, whom von welt knew, in the crime and conspiracies for which he and his wretched confede rates suffered. Perlin I deny the charge. and •hall be able to rebet Mr. Btaxar.—" I do not wish you to acknowledge it." Palin.—" I declare that I load no connection with then,. None whatever." Mr. Iltast►:.—" I hope you may be able to prove it." ' .1 wartant of commitment to the House of Correc tion, Cold-bath-fields wa■ then made out, and he was sent in that prison in a hackney-coach, securely guard ed. fle will be exstnined on Monday nest, and no tionlot his esaminatimi will take place at Lord Sid mom li • • other. ralin is a man about •t.i yearc of ate; rattier abuse the middle .itature ; of a bilious, meagre eouutenaau•e, and meanly dre%ae.l. INSOLVENT DEBTORS' COURT, Nor. 17. James Young was brought up on his petition to he discharged. It appeared by the insolvent's examina tion, that he had kept an:set:mint with Messrs. Warner and Co. hankers, at It sinisey, and that in the month ot' August, 141;, he made a lodgment of hills with them to the amount of y!+ .I/. his account having been oyerdrawn at the time, which bills had been drawn by the insolvent on his wife's mother, and accepted hr his wife in her mother's name, the mother having ver , Many given the uife a liberty to accept, and paid many such bills. The iasolvent, after making this lodgment, continned to deal with Messrs. Warner and Co • 6.{ belie. the 'month of July, ISIS; when he stopper, payment. Mr. PO L Let on the part of Messrs. Warner and Co. opposed the insolvent's discharge, and irtni -1 tended that the insolsent's mother : in-law having given a secret authority to his wife to accept hills in her name, einild net make those bills good, and that the payment of some of them only paved the way for passing those that are now unpaid. Mr. lie tret, fur the insolvent,- said it was in evi dence that hundreds of those bills had been paid by the insolvent's mother-is-law, therefore Messrs. Warner and Co. bad fall knowledge of the nature •of the transaction, his the truth was their ante ; lety to pass their paper had revealed their 1041. :leg at k with an eagle's eye; sad they Mast sow take the consequence. The Collar agreed with Mr. Heath, and orderril i !Ise insolvent to he discharged. The rerraqni.boteot ante Hill .t Palos and Pe oaltieo was ceichealed at Hytlsa os Saturday. by risigibg of bells titular Ike day, aptsl,4 bemires fire works. soda convivial sifting in the taming. NAUTICAL INTELLIGENCE. The Diana, Coltman, was carried into Harwich on 'l,, 16th init. by some Salvage peop!r(haviteg sprung leak at sea. The Betsey, Roberts, from Dublin to Livtrpo o l. foundered Or Holyhead, 13th inst. Crew drottned. The Yw. Alida. Smit e from Rotten to Copenhagen, p u t into the Brittle, 11th inst. leaky, and must dischar ge to repair. The Ocean, Bjornor, from Uleaborg to a port is the channel, has put into °reground, with damage, a id loss of an aucb•r and cable, and most repair. POLICE. Bo x-sractr.--Yesterilay, a most notorious pit*. pocket, of the name of Charles Marsh, was brought b e fore Sir Hubert Baker, the Sitting Magistrate, sa i l was by him convicted as a reputed thief, having be es apprehended by Bond, and others of ske patr4l be. longing to Bow-street, on Thursday night, at 'be breaking up of CoventGardan theatre, in the act eat. tempting to pick a gentleman's pocket as he was get. ling into a coach. The above prisoner was lately tried at the Old Bailey fora capital offence. Thursday three young melt, who gave their ima m Hill, Greene. and Davis. were brought to the Ake laths custody of Lewis Lewes, a constable from Drurrhas theatre. The ;Am bad apprehended them in the acid distributing a great member of liana-bills, tending ts canoe a disturbance in die two-shilling gallery of that theatre, and throwing great numbers of theme into the pit. The bill was headed " God save the Qu e ..," d a t a & Thursday, Nov. la, 130, proceeding with an "amain the audience, as follows: [ " The audienoe are respectfully informed that 'the following new song, with new music, called God save the Queen,' has bern sent to the leader of the k in d i n this theatre; and,should it be requested by the audience, it is presumed it will be perforated." . Four verses fellow, ending with " God save the Queen." The prisoners had been examined before Mr. Birnie in the manager's room, that usigistrate happening to be in the theatre. Davis then refused to give any accoent of himself; but on his being brought to the other, be acknowledged that he was a carpenter, and said he knew nothing et the other prisoners, 11111 and Greene, bet happened to sit sear them, and assisted them to diatribe* the bills. Hill and Greene said they were printers, and were apprentices to Mr. Coe, of Little Cuterdane,St. Paul's, whose name appeared at the bottom of the bills. He hail given them money, they said, to pay fur their admission into the theatre, for the purpose of dis tributing the bills. Me. William Donn, the treasurer of the Theatre, at. teedrd, and stated that it was not in the power of the managers to perform the contents of the hill in question, it not baring been s.inclioned by the Lord-Ciienilietiain. If it was perforated without authority, the patent at tubed to the theatre would be liable to be sanalled. The prisoners were not detained in rastody, or re quired to find hail ; but, after signing the account they save of thomselves, &c. they were discharged, leaving it to the managers to prosecute thew, or Mr. Coe, the printer. Destitute', Nor. 14.-IVemayettention it as a proof of the mildness of the season, that in a gentleman's garden in this tows, thee" is a bed fritrawborsies sow in fall bloom, am/ among which .ay be sera see a few fit for the table. From the same garden, two ex rellent dishes of green peas hare been gathered withi■ the last few days. These peas were sown iwAugeet. There are now 30 yearn vessels plying on the Clyde: the malice. is 28 tons burthen, the largest 240; and the aggregate tonnage is 25041. '111:•ir draught of water varies from X to Se feet, and the capacity of their engines from 13 to 73 horse power. One steam ves sel is at present on the stoeks, intended to ran be tween Oreen-ck and Liverpool, to be propelled by two engines of 50 horse power each. (In Monday morning, the following convict% who were at the late special easier, eon►ictrduf High Tee: - son, left York C..stle in order to be delivered oh board the York hulk, lying up the river, at Portsmouth : William Comstive, Richard Addy, Charles Stans: field, Benjamin Hanson, Joseph Chapel, Benjamin Rogers, John Birkinshaw, Joseph Firth, and M. Downing, to be transported doting their natural lives: also Jas. Flowers, John Valiance, John Ferry:need, Abraham Ingham, Georce Brier, John Hobson, ileorge Birkinshaw, It iliirm &Aland, (all these from Barnsley and its neighbourhood) John Lindley, Nathaniel Buckley, and John Peaea•l, from the neighhonrhooll. to be trap-ported beyond the :ea% for the term of 14 years. Thomas Riark• tom, rooticted of High Treason remains iu York La— de, bring in a had state of health. Cr Itlt9U4 A eels ENE vsiou. —*l burs lay 3ftersnan, Mr. (liner, of Thomas -street, Commercial-mid. whilst reading •in the ground Fatima, - was disturbed by a noise, as if a cat had got among the chitin on theside board and on going to the door, no perotaiseinw in the parlour, he oh-erred a youth haying hie head is at the window, the sash of which lie had partly riled endeavouring, by mewl of a long wire crooked at the end, to obtain a then 0000000 eter which lay en a tahit. He walked cautiously across the room awe the thief itever once perceived Mr. O. dli he laid hold of him by the ann. He straggled hard to get off. Let Mr. (I. secured the villa;n by pulling him in at tioe window. lle was *befit ten years of .I f (r. ands( so di milinti ye a stature that he could scarcely teach the wit - flow. Ile was taken to Lambeth-street Folice.,.iiiee, where he gave his name William Surgesuti, and committed to the Session. MARRIF.D. 0 t toeod,v. the Ilth heel. •t tit. irholee. Depqnra. hr the Rev. thrid Jones, Mr. Robert Wept. to rlizehello. daughter—ringlet the vim' time Mr. John A:hfortt. to Mir,. seeond (blighter —of AI m. o"orrington. of the same piney. 111 KO. Yeiteray. it his 1w0.... is Golietfor.l.4teret, is the :711 roar of Ms age. the 11.. r. Wa. Tooke. M.o. Oa She ti inst. at llorteroft-rottage, :tear disioes.llid. ll •• sex. Jobs Fisch. Esq. aged Ort. Oa the 10th Inst. b) a Intl frotl an anr+.l) hone. moei' foreened by all who kapw Mo. Mr. Joins Hind. of the tine. of Menses. %lotions Sag Cu. Leek, lltdsedMl,e. Anal NoKt• grist. Loaders. Loudon : Printed. gad Published st Os OW , o' I' Toe 11,s+altilate and .* Tat rroliew" Owned* , Pyre). /So. tee. Ibtrabol.i oppooke st. Alveseß4 Colook• by R. WAIIIIMLL. jars.. ILL. R.: to 1 11,10ap 1 . .'- outaleations. Orders. ic, kre requested f• k likkessell. k