The Sun. — London, England, 1805-08-09 00:00:00

LAW REPORT. C. o rt.T r CHANcERV, / 1 / 4 uo. 7. 41"nr, 13FAU.VORT V. smixt{ ANpTtraaitrt. In our Report of Monday Jul} . the 2!)thi we stated • the particulars of the Bill on the p.m- of the Plaintiffs ia this Cause, Mr. ALFAANDI , III, for the Defendants, said, that: the truth was, his Clients had Mach more to appre • itemd from the intrusion of the Plaintiffs, than the representatives of the Noble Duke had to fear fr9m - the encroachments of Mr, Smith or Mr. Richard Manse! Phillips. The seat of peril in those coal mines was iii the vicinity of thestiVerTowye, which rising in the NYild diArias of Brecknock and Carmar then, took a southern &realm,. and emptied its waters into the Bristol Channel . , interne Ping, in its progress, the subterranean treasures of which these parties welt the proprietors. lithe danger incurred 7.vere to be . 4 iscertained by the proximity of the re . speCtive works to the stream, no doubt could remain who were the most adveutnrous, is 'the Plaintiff pe netrated. within thirty eight yards, w bile the De fendanis presm ed a distance of ninety7six yards frOn the bed of the river. The Lout) CIIANCEI.I.O)I.---- - " I am afraid you arc, .11r1 collie rs. nihere are many places where you may work within thirty-eight yards with gerfe& se curity, and in,othrs,;'to approach wit hitt one 'hun dred. yards of a river. exposes you to certain de , :struaion. 7. • Mr. RAMILLY.---:" Iy Lord, this is the first time we have had the Smallest. notice of our having been • guilty of encroachment." - - Mr. iloo i.r. , was proposed y tis the person to whom the differences were to be referred, and - tti ho ur,is to take a ;;Irrxeyon . the Estates, in order io form his deterralmtion under the sautAion of the Court. The Loan 011,0;CML611.--" I dare saY: }}e is a very proper person ; he is an •agent 4 Sir rleury Vatic's, and. of several other collieries." • "on.N . 4...7.11trxr0Nr V. 511( W. r..IGIITON. , The .1)k - drain ... was a „Bardirript ill 111ay,1793 ; and obtained his Certificate oil .the .12th of .February, 1802. 8., hai paid twenty shilling - 1; in the pound to and 1i tmmf in. the ,possession of a re spc,:table property. The . Defentlant is Executor ,ilia Truitec under the gill.; of Ann prid Sit Met eflfe ; the former of whom was insane, and the . Jot- Of whom labourbd under infirmity from strong nervous atiectio,,s, On the ground of the invaliditV of of these Iztlies, the Plaintitr sought re dress ttl tlti Court as heir 'at 1 isv to their estates. • :The plea put in by the .Defendant.was„ that in the year 1.79*.3 a Cointnission of Ilantnaiptey was'isAied against. the Milne, who, obtained , ,his Certificate on the t '...?th of February, t 80!.? ; apd wkitever theretbre, ~the ..PlaintitY might have. hail an theAe ' •estat..s, it accrued ht. the interval between his Bank.; ruptcy and the Certificate, • and therefofe be vested Itl hi, Asst '411.ec," . John jackA:on. rrhe ob / i&Ct of this i'ipplication to the Court. ikvai to amend' the. plea in bar, and 'to .convert. it into ii, plea 41 üba - ,;(m FONIII.A.No.I.TE, for the De,„ericlard , said, that - AnneUnd 'Sarah . AToto,lfV, died in the years 1794 arid 179 ti, which was,,l*tween the time of the Bankruptcy and the legt . noition of the Corgi'. Neste. The words in the sth c;eo, li. c. were as coMprehensive as human 'ingenuity could make them, not only to nit every species of property, idpossession, but every ;Ind possibility of. property, which the 'Bankrupt was required td disclose, and which becaine vested in the Asi,ignees. In Ainl),;ler, 7q4, the 'case (tooth and Erome was .statect. h Wilikropt kept out of . ,sight the property would tie entitled ; and smite of the arg,inucuts from the Bar, and.ohiervatious front the Court, were peculiarly :11)01(10)10 to the present question,' Alitiongh, in thli cate, itt pdint of frm, new assignment was required, yet, in point of fat! , the property wits voted in the .Assignee and o"' t'tese ;;rime'.:, thv Leaned Conn,;el trusti'd Ili; I.itr(l . ship ,tvoitid hi: of opinion that the Plaintiff could not sustain the suit. lrr Ifo NI ILLY, fOr the Plaintiff, that this was :Ln "expaiincnt itt pleading perfedly new: It merely states, th.,.it the Commission issued in 'May ,•1,793; that the ctreCts were dilly, assigned by o,rnajor part rd the Connoissioners. ; anti that the Bankrupt obtained his Certificate cm the t utli of ,Feltru -, try) t 80Q. Never was such a plea in a ease of Ilaijc rtipt,cy protinced, Conrt could'not in tend t;tko.,tny T tising, by inference, Lord rigv, all the gifts, to refl . der a plt7a an equitable tor, ,inust he diAirialv averred." • ' form in which atnruptey, w a s , p l ea d e d was tlik i—On or bit + oit iI cert:int. day . .the Klima trwte, acid was ; indebted in , Mole than 1001, ho , t.','ininitted divers ads'of BetnkruPtey.; the Petition upon that isStiett,.tind the petitioning ere , intor's detht itmst porticatriy" stated. 'lf tint fich itta r,:al property, it ;!ate , ,l, that there was bar ' gain and sai,o, and tkat Deed was enrolled'. No 1i,4311 00111.1 4,.1 f)10 e, that. t Ici.4,:l7di,it.iOnotitrri4;imil I,y• from tin' wealth Of his ancestor, or ender the assi;pinent. ill Moth 0. VrOrne. the question if i.!c , freeiis.,H:werniut.?: tti th c t Bmioupt s ho n id ; p c , to Clio .. , ‘T,igueo ; ',O st poisill,iity •ivad it ~ , - „•34 dete.t inincd that ails •-,'as not :ateli ~ r 4 could hi nssign.ed yelea..ei:, 2nd thertifc,rei could Dui vc,3l iIl fAt.-...--4‘ In sa‘Mg till! plea must be oVer-roliq, ..0 not intimate,. there is 01,‘... word of truth oy . in tile bill. The bill must be t , ;:on t 4. hi, true .tor OtherbtStately that thv tAvo bdiLB clic:.l at the partieuhr that!smentiOn,ll, and it insii,ts, that fOr alledged, :their .1 616 , 'tad tltt 1 J .lalll3t 10"141S, 13$ 41 t ititTee, that the real, elit4to.:4 devolve to hint. 'Flue n f. .l„.. , nibnt says that ;,:alhtegnent to the death off: I;:die.g, the 1111614 f became ban: . .rtipt, and these testamental ihstru7- ir).2titfs ve,.•.t.s in the i.visignees. There a di ; itiu ,- . 7 . bf..!tiVeou real and FtlY.,6*Wi -1 , . -r the lie 4 end!int 7 it contettd4,4, . , tit-'t lip hC7lt }t tile' cnt . re i nterc st is veste d i n t h e yet it t 3 tt pOSSiOilitY maY p';'" um; th , ,t Limbrupt lltst,e. At' answer is, that it. is SIR CE9RCE BEAUMONT V, 4014 T Y. , . This came. on under exceptions to the. Master's Report. ''he Defendant liad coutracted with the . Praintifffor the lease Of certain mines for 21 years ) , called the N'eWheit Coal'Mincs, froin which he. watt ariutially to tariff not • more than • 10,906 lads. ThC Niaster found that the lesser: in t4t.i, course nt . Ilk term; had exceiqietl the quantity by 12 ,1 8 8 10ad.% and the excess was appreciated at 90001. ,kinKT, For the. I.Mtendant, ohjeCied to this estituate, , usTtheeXpehrei for „raking: thiq ,inereaseln quantity were :not • 411.10 Wed Additional labour, poocheons or props, reties, justice, buifiness, and law cliargcl.s, were. Stated lit 'lO9-211. and ..furt*r the tire engine at 8421. , which .the Mast4r otight to have duited. ir; illcrtAnwr resisted chose elaitAls., and vindi; cated th...,l\faster's Export, in which oftry proper ; dlt )v,ance Eta 04 , The exceptiinis \y re over-ruled ; after which itroitAttnS contetadea for the nlterqst on the 90001. from. the yctr 17 t. 1(!, and for the eosw : both wbiell dernan . di were oi)po4e‘t by Mr, I.:LART, and the 'de , waseosin po3tpotied to the tOliov.ing day. At.the Assizes at oAthatn, on . Friday last, Mr.: baron Tilorarza./4 handmituely eulogised the whole population ofautlandsltire; otl the circumstance of the gac.4 .nottpresenting. a -single Poisoner 'fur trial, and expeessid.to.hotie That the trmziotie and proiso - of iher Magistrates,, fbr the.preset vatian*ofpublic peace. mad tnorility.;•.would 1.'4416011e to make .the.county., an ~example which the.N.vholo, country )111.13t. be,ptetici of, and de4ve benefit .I:Korn. At these Assizes the following law :causes:came, on for trial before Jtmice RoONE acid: Speco Jury ItVRTON V. ZyTT., cLEItx, . This was an aCti)n for ,cleftrnation, in which a verdi6t erasgiven for the, Plaintiff—aainages Oi t • non on den sissoN.v. NE:VILLE. This was an ;I..:liort to reetiVer possession of a cer- ; ' , tain'tnesvair and preini4esatEdithwesion, WhiCh the lesser' of the ilaintitflaid 'claim to .as devisee under the wilt of the late Jblin Brinson, .deceaSett After the cause had been opened by Counsel, the will in question, executed and duly attested on - the th of Jtititt, 17(4,. was prodneecV in evidence. - By it theproperty at Edith weston,now litigated,was first bequeathed jointly to thy two .Sisters of, the testator for their joint lives and the.life of the survivor; with. reinainder EiSsort , (the real Plaintiff in this adion) in fee. On decease, hoWeVer, of the:longer 'liver of the two sistens, theDefendent seized and en tered upon the premises; as heir at law, - on .the pica that the deceased. Mr. Branson, far settle time pre vious.:to- rho ex.t.ieu.tion of , the will in-favour of Air. Sissen, and ; iti'the 41trie of, lfts 'death, Was nut state of mind in which the law alloWed him tomake. a dispOsition of his property; and he,now endea voured to establisla himself :in POSSOSSIO2i: by adduc ing proofs ot the continued inianity otthe testator from the period of his iaccidentally h :vine hi leg brain in Dec. 1797, until the time of his death in 1801, 0 nearly four years'atterwardi ; ahout the mid dle of which intefvel the tixlJ itt . C1110369:1, hid been executed. To thilselifl several. 'Witnesses were call ed (the , neighbottrs .91.:7:Vilitti Of 'the deceased during - his lit"'-thiv.:), who atforled strong evidence i'1111.44, at 'Variom„p.:llo(ls of their acceis to, LONDON : ointedby cl I I I) i'f lk Is, ot No. 4, Ntl.rilOt-court, Pow-Nticeti . aitd Vl - ;:21 , 41Cti by W7I, r 6( r at the SUN.OITiCi;., I 1 st, Strand ; the ► Paper, I.,c:teri.,t4thofEdi.tf,r; • • . and intercourse with, hitu ; and statot, Tc,,, ~ ever his mind eutild be brought to t4i. sebl,l 0 " tic will, dte. alwa \r3 paisionately dcinAd the t!);0_:0 01-1 d it. 'fheir eyidence: teat als4o to creite souritN';P eion of eollusio;i towards procurin; the 04411 4' the will ; but it was wea;:ened by . the cirtalinvitme of some. of the WitneSses I.:_t-in IN:ea dsap7:lox4 ' of legacies. by. it. To eetintavtia -the testitnoaf., (g . ' the side c 4 the I)efendatit, several r esPc‘i'' ; l ble ' III ' nesies on the part of the Pi aint i If, part icul'..!rly,' 01,e PflYician, the apotitc,:ary; and the' stni,c'.9!l, 'Y l ° attended . blr. Brallson durinti his confiaeiLU at.T conseqUenee of the - accident and the subsc(lv::t 10- 1165-Which tqrtninatt:d in . his dentli,.(lepa.;2,l to Ills petfett'sanity at the varior, ti,..te.; ' ti!..l' ateo . ill)ce npon him, and, tbe v. ; of all grotpd nil which to _found a suppwl.,i,)ll that any ilubecilitY 0 intellect rendered him incon,petcnt to the di)p0.,i.... tiod of his property ; e):_ept,,inzleed, fbr a period 0. tiro months previous to his d'vsolutiOn, 4tlrilg Which he w'as certainly deranged—but this time ‘l"4 , i remote from tlit at whith the will was sigin.l.l. After Counsel had spoken to evidence, and tl:e, .. Learned Judg' e had summed up,' ;the Jury returned a verditit for the Plaintiff: thus estaliishing dietAi- dity of the will. this , By oeciiion personal property. to the arnowit of 5 oou 1 . and 'ttp,,vards devolves into newhancl3. PEATII, Aim. a. f., On I%lopday . last g• Bleu batlfalg " 1 , tv, ---- ,0 yol,an .ro Almond, In this ueighbetwhood,. were, witiotowl) ,9 w_ned. They bad guile into the river unobserved ; b r a c t the clothes of two pOtyle lying On the bank' ' 3 !rje-ab°ve Oa old hra;e, 110011 gave the ;11013•T: tAlthough instant search was it):Ade, it i; ilogif , the Almond !tours before. their,hdies Nyerq fowl& .C'‘ '` '; ! beino much puttelled and • discolul* 4 the late rains. D -' • . ki.nrdl:ft‘ovmitAh:thYe o u ty t ;G p , st ItElogic.ritoyf, ,stti:t.ticijigi,,tortl'lcrt!oi ir‘arolif'. dical assistance, tippleyect, during the intcrvA, th. me.o4ds •recotruvertded by, Ole frittorane ,Socift)'' with _the laudable lierseverance. '..A r e 311 '.' 50. , r „„ )r • ..'• t°- 444 that every A:Wort, .t.o.res tore .0 a itniit ion wa•S' IP . rV t ( l t•' ) ll e .ell4a Li i , l:, I, , ill e g i . .. o . lo t ti . all'iLb t- rn.:)‘t h 11 ester. .uaEcto:dti',l,;')::itc,ll:3.sittilliiol4,:i:tt:o:l';''')lrt voy,,ri.gf:,,,g,:, s.vai.the sole stivi)Prt Qi;i l ) :igedillf tiler, whhtu 046 eVOt../nl5 .ro'dt.*l4A ito a ;iti!lk•' - ' ) '' i.sgtitibility. . • ! rtd4r ; , Dtgla, • about Se ' yen. o'clocl,-,: ono P.iitiAtilt' '-'v.:..0.r. k . nwn ~ a t G.ovap .cajlioTy ..it.o f r ,i, j2 : i sc:iffuly,.. lip. :. ,F 4 I n y Was pot. got ,QvG-4)“.1)44r tri,;'4! " b`g. 119Uicial tbe p.it-itt.wh'cll.tber.i;l:i tell 04°1°' cif watec• , Is' ci ' ! . ' ''‘' Xs after th• accident orifio • 30, lours!. ~ . 6,,,c,n, Au - • - . tow are ]4 b i n ti ll i,A..a,041P4` Lol ' '. ----:.... . .. aN i t:i t•a t e ' . t s l i . b nd e ll o° s Frl e ' b rv i.:: , :jiate :i t d t Yl s ‘ i lt t ti h b. : :l° t ;e id e:t a .ti C iti:itriivi:(lluitllt:l°l.reii•ii'.l:°ot4X7':dt.ll(';4:::P:'-t$3111iN:s';ec14111111;lebilr:16:‘ assistance. who w.vte unable to aford liA OA s , 11 # 1 !„, io r elfh' b al ti ln: s nch'r i l4 l: l4°lin es i !. e. o c i cc:°l ll : l ls l °le d uira l aill• P 'h 4 ju'is rt 6tl46'l.:gri:Clincii:cidtat. ' ifer's''"l:;iii-if°415:141:;11:6:71141;:ilid.°::)::;:h:vbniactliirr:: 'ssistance. His body, though• irotrectiot°,o6 itilti, , , A :v:rlikei l anc k o ly a ccident lopP" , or ponter , c l rt o lhP ij g, rudder 41t !eaon • Fritil l#ll4 Circenock. A journeyni3n e( in a sl°llolcolinientfritilittntieratayii.:ybitTel/tilililii)eiss :ship,: cree9s4aer;siln°lBlll,e,c)hteltltteptirel.,olaY-iiiinlairt'savtii,En(j)l4;:nri,',t'ol'.::l:t.':.:t.4.,Ciri :31:).:ist;litiolleIrs)5:1cli gNEt'at fin'titude es.proising hoselityse3 N'lracailia whole. firm. 'He i•:.i a stranier, lio,1)00" 1 , Yeoresor tele N 4 i'Y , am! 'has et'Vect- ill kiX digie"' /0 Iii;i1Ilifl. o p enedilirie titellitUeNlYtilltQfolrt4ll7:rt:iw.'ltit a e"' 1' ii Yesterday a C OtO ii er's"liiinest'vrai i'',‘'' A t ote , I ."''''-' (it Mr:Foitihani, the '1444,.A4eadi:",r.,‘'1,10 street, (A? the- holly. ot . al) °hi' Dabizerer •'''. ' -'l;;eicht 0f..1 1.. ' "1 . ,-, l i ,I;:ciitio rt, 0 )0:+011, belef)ging t) tile .Ar.?Ji, ' „,r,..00. • a friend, iN NVIlitC t; 001 it 4 the aoo street, wlttore he 514 t, j,til l ' ( •, 4 010 1 b4ibre go ilig liS bed, that •Ite nlight,tiot 611 , L i te, 3 1 : 1 -. 1 ::: 0 •.;rly tbey ~v,..tit to iti,., apartment,' wherc-', n i ~ver.' iluor in the rooming ; 11 r ,j ,„',..o ) fil' O t rec,pie:, ~:rti.,t,eicijoilcgLeilelJoijotitritchoposittetinivfyl'itit' coa‘'peq the Jury returned a VerdiEt of burtal" ,siiiP PSl$ .s. --- . ' ' ca .4.../ sotto, aocurr Passed I) , • •• 1' ark rr, fifecholi , Sot)tntrtinlel,;(l inst.t ' & ll ' e 11.411.mi0 , ) --the To on, 1 arker, frn c ridott, 04 I;4iletittc,;tiantl Inverness, Liodsar, i ii r° ll, l r j its:bac i°o S 4 , Inger, latteicio°l-11'illirirar461.1sici?;1 ''llllC' '' -----;" if ViR r S. r e Co th , 9.11 'ruesilay I 3 $t at AmportAlouse, ill td i .1, i, ON th e larcinoness u. o c lO ter, . Conlo7r. Scotland, of A 1ti11.,b0131 child. ''''' . . ~ Ai:ARA M°. . Prit ni lotiVri/Acin Ln\r'g,:toritHy, momipg, at ~t. (.;eorp"tts,:r.-.101,4i,, f.rskine, of the nilltllti ill t;,littel!,c,..taLllsti . of to h s cr;c4l c , DIA.!), ' i )l° Pl., I A 'Yestedy morning, at liertsingtoa 'reffAcei liwilt,"o. Snipe, une•o Oto l'h)sicians of the Royal 1.140:,,,,q, ow i, ,, IY Illout , and late r Nsician to tho f IllOsti,tl//e71,4),53,00 si main!, n . f Lord Viscount Nelson, in lii '“1 v''y,iser*, On the 7'h tot. Master -0,.),,,,„ 5,r,. ~o ti Edmund Viaters, I::.ii,' of C urn berl a ii,l-st S',,,,ja, al , Lately, in the 75i1l 'CO 0 f bet Jr, ;‘ I rs ' , I 1 ,- "ills tte4f 1)1-oriole, Ireland. ,•,.1,, t li,.: it : " (in the zoth ult. at Sykes, near ger,'''',-,1, . c. 5 01 .• Mgt RoV)11, Cltt3tC ot St', I oltil'S O,T 5•3011rr Last week, at tha Now DittrilL:ks, lA,' ',').01,,,pit,,.,5 •': of the .4ill (or ij:Rten's oWit) Ittlitl-411,1q. "14ia 45, I,' it , On Tutrs'dy w.t.nnik,itt, At Sinld''_,."3•ll7,t,:k i ► i ,l.,,faa't I'''' 'Wood, better known try t i ts name in 1:"..,,1.t.e' 11: 00-' the circointitance of his' beiDg so istylc.,..`:.:. ' •,• our or Itts situp lor the last seventeen ye," 1.10.0. I‘. us'. IV- 1 nester, cr : —.......• , slOaS• aoh Y, i,l India StOCIC, 1," ,er eta. ~ii, JO, ttovilitti,,„ cot • • I toperkil ,I IP : i •o . • ~......''''. , ' • 31:1:: 1,::{1. 1 :1;iirl:: Ici,rl ii;;:: :31: l'gl" 1)P yxsT4 Bank Stock, Iso Igo Navy 5 pc! Cent. 594 fi*/ s'per Cent. 0797, 'to* lrtsh s per Cent. 4 per gent. 76i 3 per Cent. iced. SD.KM 0 3 per Cen t. CenS. geitili 574, ISAnk L. Ann. 16 1.. Ditto Short Attn. 11 4tt‘ , ID I CrCSrelj):"•slloK; 1 neither' an interest nor a ttonibtty. The mert• tz peaation of an heir at law is nothing. The nest of kin has a valuable eitpelation like the heir, and both .thenne and the other may enter into cnixtraa: to dispose of these; hut. here is no possibility the meaning of the term in the - Statute. The plea, in a case of this . kind, must. go on to say how the pro-' petty is vested in the Assignees. This, under the circumstances supposed, can only be by bargain and. sale, and the interest is in the . .Bankrupt until it devolve to the Commissioners. This plea has not taken the prdperty out of the Bankrupt. The cote mission issues to inquire if the man a Bankrupt, but it is not a necessary comequence that he should be made a Bankrupt. But they say, it is enough to - aver that he is duly found and declared a Bankrupt ; yet a man 'may be duly found and declared a Bank rupt, and yet not be a Bankrupt: ; .for if the evidence satisfies the Commissioners, it is their ditty to find him'a Banknipt ; .but still it is a matter of uncertain,- ty if he be .a Bankrupt. It may, be the case that the Commissiouers find him to be a Bankrupt, and that the Jury find him to be no Bankrupt. The plea, as to the real estate, is certainly bad ; its to the per sonal estate, I think it is so, and I see no reason to give leave to amend." LORD RADNOR V. TDE 1115110 P, OF I L VFII AND • . EL This cause has been five and twenty years depend ing ; in the cumin& of it the present Cll.\Nen:Lott, both as a junior and before the bar, has had a very considerable share. Lord Feversharn was seised in fee of certain estates, over which he had the power of disposal. He had also certain' settled.estates. liis Lordship thought it right to proide; for his daugh-. . tern, so as to prevent future disputes . ; 'he, theretbre; gave to certain Trustees a power Of selling all his estates in BUckingharnshire, Ifunting donshire, Wilt shire, IWfordshire, and Middlesex ; .bat he gave Thomasillincombc, Esq. the privilege of pre-citip tionof it portion of his estates coterignous to those to Which he, Thotnas Duneombe, was flie heir, The Trustees - were : to fix a price ; and it Thomas Pun. conibe rejected the offer, they A'N'o•o to dispose of them, either the whole together, or in parcels, as they'shonld conceive most conducive -to the benefit 'of ins clitighterti. Th9111:1:4 D1111C0111ht: was now dead ; the contiguous estates of that' Gentleman had. devolved into ditferent hands, not within the '.coo templation of the testator, Lord 'Fevershasa ; and the qttestlon befbre the court V. 'Whether any, and it 'any, Which .of these entitled to these, adjacent estates, hi possession, in re‘ersion, or reinainder, were to be perinitted to enjoy this privilege of pre - emption, given ea itominr to ThOmas DuncoMbe two dangliters to 'whom' the Whole . prodnee , of the estates devolve, are Lady Radnor and'ltilts. Beauwater ; and all .the pauies are adult, and .before the Court. Mr. Itostim.v and Mr. FoixuLAQUE, for Lady Radnor mid MrS—lleauwater, said, the rst. quostion was, what was the intention of the testator : next, Whether this intention • 1 ..10111‘1 he carried' into etl'eCt tui&i. the dire 4lien of the Court? The testator's de sign was, to giVe the .pre-einption to the person 311 poseSSion of the settle.d.eStates ; and ,if-rthe' court bad not 'this person bcfOre it, =the pritilege of pr e _ eruption, could "not be given by -the coon. to the p;iriv for whom it •wo., Lord Fevershara ikevcr di sigma to give this option: to alert: stranvis ; and ou this grosind the estates ought to be, sold at artOion,' according to the ordinaly course, aild no riirlA of 'pre-emption" could"burr sup Dried by apy individual now in existence, Mr, , Vio+OTT and Mr. BA (..714.1)4t05, for Mr. shaftoc , , t hie grandson of Duticornbc, now in posseSsion of the contiguotts estates, argued, that 11.*.s Cit* 6tl:A to pre-emption , The Arronni:yrth•3•TAßAt, far, Mr::. Gerirge 110 s 1.t, foriliedv Mift S Frances "DtfileOrnbe, contended. that' the right of pre.enytion devolved tip .cr, if Inot ex.4.lllSively, jpintly , with her 'sister, .Stphoe. If hk Learned 'Friends wOuld . jOin with Mtn in sleaing the prize, they might have a chance of. • obtaining sonwthing ; but, by indiking too Muth qtr idity to seize the whole, they would, like the. un fortunate anittia.tin the fable, lose the cleliCidus, bone, - Of contention. - The Loan, CitA*ctrt.oit,.afterin extenitvc view Of the relative interests of the Sevt:ral Fities,, and minute ekiraination of the right of pre-emption as co;;nizHble in ,a •• Cpurt df.EqUity, determined, that the right of i!re-et)ption 'in' the present . caseexists in no one. "It is not,!'. Said his Lord shill, `,neces-' saly t: , say the cotirt will do on a. (Inure Occa sion, under a elai rn of this kind, as the present me. for Its ou'aiipu. 1 prOnounce my deci h . 1 0 !I w i t h the Its rcl . uoalicc, because the' only etre& of this tudgiuent is", that if :my .body exists - who pot-: seises ; •i g ht, o f pre-emption, it ts`him under the nt;t:sthty of giving at. a public auction:half a crown more fbr the estate:; than -he' would other , wise pay:" C111.1.,f ,ALIKE' !1iC.:11 , 7 V. it illy LOlti? FALTCON. Mill ()1'114;R5. The' Lou D C4111~Cx:1.1 , on said, there was a Statute which e N prr;i,ily t , ..0h from English Subjeds who were ...,,mernOcri of foreign fieinity.iris the 'right of t „ki ng j e ,,, ac i t s ay . It w;ts pusm:4 111 ti;it time of JaMe3 I atul the design of: it \c"',l , , to pie“...at young per s(,ns enter i ng ; 11 6 esim:ii-ihruents abroAd• How far this varica or abrogated by the Iht the 411.•, , ,t toll to ‘vlitch his ,trrl ship was no‘v 4 tn.;ndirk; ;Ind his 11)10(1 not,heing satisfied as to this poi-tit:Mar, he ,diontd defer giving judrilnent in this tiiyoe until 41olidity ne4l, TOURtS,DXY, Auu.R. cyttSWELL V. 1313t0Nia. Thr i , er t np. bdi..yre the c*, irt, undcir exception .to the Master's Report, principalAuestion was, if cert;tin bui'dings, situ Itt:td in Ca,tle-yard, Oxford ro3d; and callelthe Riding-house, \vilest the pro:- perty of Elizabeth Ford, or whether they were as signed over, 'under a trust deed, by John Bunion, to his Creditors. The origin i 1 wafi the year I '7.:s 7, in ttie time Of Sir,Thumas ‘iihetl 4116 miitteri of tie Count el'<, referred to the Ma.iter, to v. hose Reliort, and to those at his numerous succes ors, 'exCltions have been progiessively' taken to the o:es'ellt day, tin it petiOd of seyepty ychrs:. Thc. consoquenc of this pflitsrListination tti it the Moind ClV,(litori (or nolier lti:ifs) are In a wor:44 cimditiun b 1 siixililccdatrait •_ bMl.ll3e 011 MA caver Loyolhi the PetnntY the . bands, which is Anne); less 'than the interest clue . 00 the general accouuts: cotnplicathin resulting from the .ditierent siaternc•;:i.:, (:,1 the various clainuints 'IA rendered it to Ye . separate dime:A*low; ti - orn the Court with to .the Creditors under the 'trust deed, and•tlr..,:e v.' ho did not accede to that arrangement. NotWithstituding the effeets of John But don have been -full} :ii to meet all the de ni.inds upon him, yet, in consequence:of the delays in the Court of.E4uity, he has been a, prisoner, and was obliged to take the- benefit of the Insolvent Att to produce his liberAtion. for the 'Defendant, stated the manner in which the estate in question devolved to, Elizabeth Ford. He said, in 1765 she executed a deed, in which she stated this riding-honse to be trust property'; and she or her representative . niuSt be precluded from being considered as .the proprie tor of the estate: It \i, true that Mrs.,A.nn Ford afterwards sold - ,the' premises as her own ; but any mistake she might commit, as representing Eliza beth Ford, should not ;titer the rights of the parties, and could not deprive John 11nrdort, or his creditors, of the interest they had in it. Pt4OTT and Mr. ll.vaT having-been heard on the same side, , . Mr. Ito m114.1' for the Plaintiff, and in justifica thm of tlw. Ilepott, objeae.d to the evidence of cer tain: 'letters produced from the Defendant, be cause the had not, in the coarse of his 'experi ence, learnt, that in an English Conn, Of Justice, Ca man Could fabricate his own evidenee. Tthetrtie question. waS this: had Mrs. Ford sold the estate for toot)). would it have beep, possible for the Viain ta, by ally;legal or equitable proceeding, to have obtained the return of any portion of the money ? If he, could not, it would bi;, vain to setup anrpre tensions here.. It was said that Mrs. Elizabeth Ford had precluded herself by being . a partrto the deed of 17(;:j. , *That Ord consisted of three parties John Ilurdon, the Trustees, and the Creditors. Mrs. • Ford merely signed it a baud creditor. This was like some of the old cases', where n witness:was. Suppose 4 to be.unacquainted with. the contents of the ip.a la utie h t.op, which his name appeared ; .mod the reasetilug ~cottid Ltiolic,be sustained by reviving fbeie, afiagd_rtnd obsolete principles... . When the. eitcePtiops were o_ol4 to be -allowed, After a general review, of the (fuestion .by'll'is,Liicci ohip, 'one of die parties ,(v.-hose, natnwve could . not learn) very pathetically achlrei4ed the. Court.: 'he said, he was the Vi!le.of years, colifliCting with. distress and poverty, .and had uti_tneans of asserting Isis oWn rights, and den:wilding the - . justice ',6f ills Country. •-• , . . I.,ontiCtjANC4LOR.--.-" it' is:a horribly: thitig to see a catis.e of this autignity. befoie us. Tbe:Abole of the mischief steins to thave.ar,ise.r; from giyinzitie Agents a per centage on prOtie6 of the ef,t tkiat has been their interest to ! Protratithe Sale for 4)eatly. a century: Let it stand over as ihe Jot of thp retitionsi." " „ , • w ! t , J (~