The Sun. — London, England, 1823-11-08 00:00:00

1 s ~, • 1,/, , . :,..1, . .1. •' , ~4 y ?!...,, . ;7: w-• .. O. ' • .....; ' ), . 4.4, . we \ 1 \ '....• . .... .... •if , ~ 0 % 1 r , I . . . , .. , . . . . .... .•‘'. .' E i. A. ...SIM . .4.,' ____,_____, ~,.. _ A N ,„ , ..,,T.,. -- ~ ~.,, ~ ~, . ~ .. - , - 3 ;6//' , cl,i/li 47419; "V ~ , : --7) 1 ._ -,. • ` I- NUMBER 0738. SATURDAY, NOVEMBER 8, 1823 NOTICE. TO MARINERS. Trinity House, London, Nov. 7, 1823. VOTICE is hereby ' given, That a BUOY, striped Black and White from the Nozzle to the. Head, a White Circle upon' the Head, and a 'Black Centre, .with the words " KENTISH KNOCK". in White Letters. upon it, carrying a BeacOri or Staff, on the top of which Iss.a Globe quartered perpendicularly, Black and White, will be placed on the EASTERN PART of the KENTISH KNOCK, in about five fathomi Water, so soon as wind and Weather will permit. PaicE S4vEN-pmccs. been Made, anti Upon the face of it, Wives an 'instillment ere cuted by a man, and attested by witneaSetl wholly unacqusint. ed with the usual legal forms requisite in such a will. It had been suggeeted, that if the will a is to be disputed, Miss Wenyere ought have bronght an ejectment; hitt he thought it doubtful whether either perty could bring an ejectment, for' conlideting the quentity of ineurnhiances, he should .doubt whether the proeeeding !unit not have been by a suit in equity. The deed which was executed between; the parties appeared to have bee n sett l e d by I. Preston, and it was 'rather singular diet one of the trustees who was appointed to. secure. the benefit of this incumbranee against Mies iirenyeve e - was this very Mr. Lealte, whit was ' aupposed to have objected to the validity of the will. The point' upon which the chief difficulty arose.was this—that, if the mats ter was to be the subject of future investigation, how was it possible for the. Court to allow the defendant to have exclusive possession'of the estates? Mr. 11.f.ALD said, that was a point upon which he was de sirous of saying e few words. • . , The Lorin CitaitCELl.oll felt s a ti s fied (and fle thought it, wash matter of justice to state it) that the subject or the sup. pletnental,bill depend e d upon the satire reason as governed the origginal bill. fie w as , however, most desirous that what lie had said should not prejudice the arguments of Counsel. It was necessary to state the view in wield! the Court looked at the case. Mr. HEALD never supposed that the defendants had a right to keep possession of the evince. The deeds undoubtedly must be considered as executed until they were proved invalid. Ho apprehended, however, that it would be better for all parties that the Trustees of the marriage aetdernent should continue to receive the rents and profits than that a receiver should be ap pointed, thus incurring fresh expenses. The Lou D Cnaszeneeon was most anxious that the parties sheuld arrange the matter between.themselves, because it never should be forgotten that the 24,001)1. was a charge upon,, the whole'estate, anti not upon a moiety.: If, therefore ' a receiver were appoint e d, it must be upon th e whole estate. The Court could not at its pleasure blow away the solemn instruments executed between the parties merely upon the belief of one of the' parties (however sincere that belief might be) that the documents were invalid. .There was one point which the entlemen seemed enti re ly to f orget, that supposing theie deed, were valid, 'the plaintiffs might compel the defendants to file a bill of foreclositre immediately. Mr. Loteor,t;v and Mr. Lor sere were heard on the same. • side with Mi.. '11VALI); anti .Mr. HART replied. The Lon n eiraliCLl.l4oll expressed his great difficulty in deciding upon this case. The question now aloe not whether the deeds were valid, or invalid, but bow he should act under the present circumstances of the case. Ile earnestly advised the parties to settle the matter, if possible between them ; but if he were forced to a decision, he had no choice but to appoint, a Ileeeiver upon the whole estate. Ile would let the case stand over until Tuesday, to give time to the parties to consider the case. With respect to the rent, erhaps the beet way; would be to order the pay m e nt o f t h e whole sum due, into Court, is well as the arrears of interest upon the 22,000/. He should give liberty to the parties to. move to discharge the order, in case any delay was occasioned by either side. The Bearings will be given when the Buoy shall be laid. ROYAL HOSPITAL, CHELSE A, Nov. 5. 1823. T HE Right Honourable the LORDS and 'other COMMISSIONERS for the AFFAIRS of 'CHELSEA HOSPITAL do hereby give NOtice, that they are ready to receive Tenders from such Persons as may be will. hvit to contract (or VICTUALLING the PENSIONERS of the' HOSPITAL during the yea , 1 8 / 4 , fur the following Ar. ticks of Provisions, viz.: , ;— Beef and Dutton, Bread, Cheese, Butter, Salt, Peas, and °4ll3 ltl.stit•—•: per head, per diem, for the whole Ration, 41 . e "Iding to the established usage and allOwances of the Hospital. Alto for Beer, at per Barrel, and Candles, at per dozen - Printed Forms of Tenders will be furnished, and further Pattitulars made known, upon applying at . t he' Office of the secretary, or to the Steward of the Hospital, which Tenders must be filled up, and delivered in at the said Office, on or befueu Friday, the 21st Instant. The. Contractors trill be required to find Security for the PerformanCe of their several Contracts, and it is to be utnetred that no Tenders will be received after the day 4buve-mentioned, nor will any he noticed, unless the Parties, or same Person duly authorized, attend on their behalf, on 4, :tY fixed fOr the Meeting of • she Lords Commissions, of which dui notice will be given. • • DOMESTIC ECONOMY. pCIE PATENT PREPARED BARLEY AIL !and PREPARED GROATS,Ifor 'malting BARLEY WATER,, or GRUEL, in• Ten Minutes; and ate hi I ga.y es. teemed as a nutritious Food for Infants and Invalids ; the Barley makes a delicibus Pudding, and• is superior for thick. ening Broths, &c.—These Articles having gained the highest approbation of nenuerous Medical Gentlemen of the first eminence. MATTHIAS ROBINSON, Sole Inventor, has obtained for the manufacture of them "His Majesty's Royal Letters Patent," in order to protect the Public front spurious imitations, as the celebrity of his Preparations have induced unprincipled persons to pirate his "Directions fur use," and, vend Ariel( a falsely denominated Prepared, hut which are totally devoid of the superior and efficacious qualifies of the Paten Preparations. Sold in Db. Packages at ad. and Canisters at is. each, which have under the Royal, Arms the word Patent, and the Signature of Malts. Robinson. They.are.warranted to keep in any Climate, rind are therefore well worth the attention of Merchants, Captains of Ships, and others trading to the East and West. Indies, tlic. Sold viliolesalc, Retail, and for Exportation, hp the Paten tee, Matthias Robinson, 64, Red Lion-street, Holborn, the corner of Eagle-street ; Butler's, Druggists, 4, Cheapside, and 220,Regent-street, London; Waterloo-place, Edinburgh; and Sackvilleotreet, and Retail by all the principal Druggists, Grocers, &c. &c. throughout . the Kingdom. WIDOW 'WELCH'S FEMALE PILLS !laic obtained the sanction and approbation Of Glen idetisin of the Medical Profession, as a safe atid valuable • Medicine, in removing obsktietions, and. relieving other inixinveniences to which the female frame is liable, espeCially those which at. an early period , of life frequently arise from want of exercise, and general debility of the system. They create an appetite, correct indigestion, remove giddiness and nervous bead ache, and are 'eminently useful in windy dis orders, pains in the stotuacb,,shortness of breath, and'inipi inflow of the heaft. TCONTRACTS FOR PRINTING. UE COMPTOLLER, of the STATION ERY OFFICE hereby gives Notice, That he is ready b3l re ceive Tende rs f or PRINTING f or certa i n GOVERN !Orr OFFICES, detailed in the Particulars of Contract, 141rit'ivill be delivered to all Persons applying for the same, , t t he Stationery 'O ffi ce, James-street, Westminster, between tge ,. 6 ura of Eleven and Three, every day (Sundays except e d). 410 Tender will be received after Twelve o'Clock on the 24th °F November, nor will any be noticed unless the parties ri : , 4l cing the T en d e r s h a ll h a ve a tt e nd e d w ith t h e i r S uret i es, i n the nianner pointed o u t in th e P art i cu l ars o f C ontract, pre. 4114 Y to the l 7th of November. PurehaAcrs are requested to remark, that, as a testimony of authenticity, each Bill of Directions is signed with the name of .._,.,;' ,b,/, ( /-If---41447 rid (---- COURT OF KING'S BENCH, Nov. 7. 11ANNA91 v. 31OFFATT. in writing , Xold wholesale and Retail, in London, by Wright, No. 46, Fleet-street ; Barclay and Sons, Fleet Market ; New hery and SO D S,. St, Cburrh Yard ; Sutton and Co Bow Clutch Yard ; Sanger, 359,, Oxford-street, opposite Bond. street ; Evans and son, Long Lane„Stnithfiel4; Joblulons Greel;.street, Soho; Butler and Sons, Clirliside; Godfrey and %Vilius, Bishopsgate-street : and by all Country Venders, at is. 9d per Box. It is llCcrssary to Inform the pnhlic that K RtiLEY'S is the only orizinal and 01111111 r 11edicine, and has been pre pared by thou for more than thirty years,_ FINISH OF THE LOTTERY. 1 4 AS T AND ONLY DAY IS FRIDAY NEwr, when all the Prizes and all the Tickets now t,g, a aw. Tu t h t .....,• . nn £ i MO, xs oo, :01,.. tzinains Priz es o r £lO,OOO, f , 10,,....() , .. tmaller Prizgs thew ,40, beSitit . ll nearly I hree 'Thou sand bay, viz. vitibAyholt of Which must be drawn In On e . Pinfsh. Novembes 14, when the Lottery at th Tickets and Shares, thr ()fliers WArtanted [l n d rawn , are on S a l e at 4 ......_:._ ' 40NDON REPOSITORY for the CABINET MAKERS' 10,,,, CIETY, for every De Minion of CABINET FURNI ' I,4I7,II,P,i,„PEATHER B a ba) 1 MATTRESS MANU '''''''fltY, No 71 Co rn e r' azic of LEADENHALL ' i'lltLET, Load; n, 'oppoite Aldgate r ump.--ReadY T 4 ell et Onl ILE SocietyY of Cabinet -Makers respectfully I: At , t. ll fortn the Public that they still continue the above have 4ulishment for the Bene fit of Industrious Mechanics who t . , , factured Articles 14 thezt 4at 'Pi!". bir tre'br i nest, , ‘Poe;runAalannshlip, and Cheaper thall b y 4 ins of ° r cent., th ere ~ Y Rouse can do in London . by twenty- fi ve .pe hrki " ( lag no other profit required on the Goods but the bare titlriespenees ; at the same time will he sufficiently sati sfi e d Th;nnif, constant F4'mployment for themselves and families. of )144,_'atlety was Ditablisbeti in June, 1821,' consisting . qt l ied,_ q ty adding the number of their Wives and l'aPa thitolaunted to 66; in June, 1819, five more were itddeA . t i o e 4 '44 i etl' lin June, ! i 820; 10 ; and in June 1821, 8. . T 1 ihi:`tanber now receiving Support through the Means . of , I,lrl4tablitionent is 191. . h - * .. ' liric.,lB?elety and their Families beg leave to return their hitlitt,„tnaks to those Ladies and Gentlemen who have 1i,,11.7 h,ol,loured them with their Orders and Becommenda -4t14%-114 8411 always feel happy in their endeavours to give Ihtir-141 Isfaction ; at the same time solicit a Continuance of ktN"eatvolenee wh •b they may be enabled to increase Ile f u L nb t: af the So lel . Q t.- 1 14.43 Ardelefic ar e . inserted as a Specimen of itfi" . .u. l'i rriees, all warranted.—Retidythe very money .only. ....s. ' s: :s P fi ttl lirz e e ti:tha an y four-post Bedstead, lath )ot.inn 31. :a t° SIB Wedstead 11 tis..:.-11ordered hair Mattres s .. :l ik .i . i t'',-- 4 1)i - t * to wn , asany Drawer, . solid ends 31. 3s,—Feather lied ti, Apcinri.., Chairs from dust and sme . ll, full size 31. 10s.— ":411,harilmlitk,naltt of any deacri oil 11. 6e—Best dO, Ptim i 14 Table 16s.—Ilearth ,r oi r ic,„ 3 fiat' .168..—Ditto, Dress-ag 1 Ran eal•,ro Y P 1, 41 'aches Chest of Drawers 41 . 4,,__Three.foot 4 4l 'alti 0 lte Table 11. 188.—Three-loot ditto _on pil ,bit,Lestati 34, 1511.—' Mahogany Dressinil Table . 11. Di 2 tto dirt- , ~‘bitrell_p )itto ditto British i s. i,4,-- 14..-. b. '4 -- bitto Box Glass, 2 drawers' Ditto ol' ei l ao %4 i ft Ditto ditto .IL 183.--• . t,,t44l'•"si 414 i 88' tt l ol ell ize, ' c l e B. ini s n s o . d . ; 3s.—' Ditto di tto 6s tie.ss.....—DThitttot° ?I'tt Ri,,bii ! tt0,1 2e..--Sei Bed anti Pillow •_ . °Rimy , r t4ll4L r l' i - ilt°Pahni(l,ltet4)d 11800.---klrhallfsstl.l—nd're7aB.—Cadj4d_ynglOAti.—ahrprtn -4 jattern-8.,--c.,eSk covers in number 14s.—Alusic Chairl tTt iliti7.,h, Sir, -b;.7.."'Q.--Eiglit- Mahogany Chairs, covered ! 4 1 11.7i...._r5a,,, nailedlll. 115.• , .-8 ditto ditto 61. , 15s. —u onto lietik,...bicia", p_atafali?arditto 91, 93„....Mahogany t,l4l4tati 71, frlleh 71. 10a..—Ditto ditto 81. 1016-_--D , Sofa . t t o to m w at t e th h 'l'o,-M le gs , 4 -• Set of Mahogany Card and Sofa _T_ l ables, ...°r l t ii ;ne l, tw, Gard in rose-wo o d HI. 15s.—Set of It_ . 4 .. h_l i a . i L y Lorslip, ti le b ° L'llrd and, Sofa, on pillars and claws I'l ! „.„. 141:1 it i 30 _ eat that can be made—to order or pattern 161. carved 101711 i 7 foot 6 ) e d tal, Sideboard, with _, lig i, tto 7 e I ' 'cot l 6l.Ditto 6 foot six 151.—Set of IF,' t ;,4 104,1:,4,5 Of the last pattern, 4 foot by 10 foot . 111 11.-- eatrll.,"siivY 11 fbot 6 , l sl•—Ditto, 4 foot 6by 12 foot ~ 't (" l "elltiallikli, an advance of 31.105.-. straw Palliasse *Sa l t pi, edstead and furniture 31. 15.,-8amb0b .. 8 .‘, 1 .. I,ttivt..foot etch elyptie top,'with drape ry and fringe, 11l 'F!,_ P N., tbt,hagany four-post Bedstead and furniture, wit h iii,,t 4i l- It's, " lined en through, complete , "q' ` l nto a Atlt I°P tilld t ' -Itto 16s. 10s.—Ditto ditto, with cornice, o f a 151. 10s. ~,..e . t l h t itill i ,,„ el 116. 10s . —Ditto ditto, with gold cornice, el NfirNINI 201—I , curtains, of the best IVIO -4) itto illtz fitte d Ir%-mara ' O te lti' nt IPor window, 61. fie.--Ditto ditto, 71. 7s. I,No iß`toor n P e r iar and elegant style of work, • .. 11 1_ r o .. .1 Chairs is id •,-wood—Drawing-room Traf...ga!' \h"*.^ilitto "ith ta.101 :-tTlthle' 2 Covers, and Sofa, 191. li ti4 t It 14 it -- bravi : in . g Sofa: 61. 6s.—Ditto, 71. 7 s. ~A it ' 11,--40tee-lue- - - c -r uTh nl iiN tns , it eue fi is s , 6d.--Cover ed 1 6 tn u ' ' W. TllURNrailitAgent.' tk,,4ll4llolitime°,_-- TILY DEA LEDS SUPPLIED. `Airti:Or'"4"'"exPeriez, except the materials, and sent 4itip. ii,..,,,,,f0rat Britain, and to the East and West in -1414' %%Al' .tted Out, and merchants supplied With Ca. 4444Pokation. lhietlint varnished at a few hours' notice, and . ott!ay„ LAW INTELOGENCE. COURT OF CHANCERY, Nov. 7. TN RE GOURLAY AND DUNE OF SONF.RSET. The LORD CHANCELLOR, on miming into Court this morn. ing, said, that the papers which he wanted in this case were the original bill and answer. 'Mr. HART offered to his Lordship the original bill. The LORD CHANCELLOR.- 4 ` lie. Gourley, have you got an office copy of the answer ? if you have, be so good as to hand it in." ' • - Mr. Gourley, holding up a packet of papers, replied, " All the. papers.that I have are here. .As I am no speater, I have expressed in a letter addressed , to your Lordship every thing winch I think necessary to the right cons ide rat i on o f my case. " The LORD CHANCELLOR.-1 !NM already heard this case, Mr. Gourlay, and I will not listen to another observation upon it until I have got all the papers in the cause which have asked for. This cause has been carried on hitherto in a man. ner that could not fail to produce much inconvenience, and I &In therefore determined that .in future it shall be conducted With the strictest regularity. All the papers for which I have asked should have been put in long ago, when the cause was originally heard. Mr. hlAitT then offered to his _Lordship theoriginel reconl, • The LAUD CriANCEr.t.on—Then I ►rant the first Hen' —Here it ls, rny ,Lord. The Loan CIIARCE Lott.-Then I .want the notes of the Judge who tried the issue originally directed, signed by the Judge himself. The Attorney for the Dtike'of Somerset offered to his Lord ship certain papers, as the notes In question. The Lour) CitAxcra.con.- , -Are these notes signed by the Judge himself ? The Attorney.—No, they are not; but they arc signed, my Lord, by his clerk. The LORD CIIANCELLOR.-By his clerk ! and what do • know of his clerk ? I must have the notes from the Judge him self in an official manner. , . • Mr. Gourley here interrupted his Lordship, to inform him that the papers for which be had asked was in a bundle which he exhibited. - - The Loan CIEANCXLLOIL--1 can't take parrs in a bundle I would also ask you, Mr. tiourlay, whether the paper you ten der is an original paper in the cause. Is it the origin a l a n. swer, or only.a copy ? For 'if it be only a copy, I will not look at it. A short pause here ensued, .during which. a barrister looked at Mr. Gourley's paper, read part of it to the Lord Chancellor, and then returned it to Mr: tiourlai: • The Loan CHANCELLOII—The next paper I want is the order of the Master:of the Rolls for the second trial. Ills Lordship then asked fair several other papers—the tit cretal orderof Sir W. Grant, &c. • - Mr. lIAnT said, that the attorney In this ease had not tin derstml, neither did he himself understand,. that these papers would be wanted. If his. Lordship would allow this case to stand over till Monday next, and- the solicitor in the suit *mad send all the papers to his. chambers, he would himself select such of them as his Lordship wanted. The LORD CHANCELT,OII.-1 want all the original papers', from the emtimencement of the suit down to.the Judge's notes, and those notes officially , signed by himself. I want these papers, and these papers only ; and as to argument or obser vation of the parties', I again say that "I will hovel nothing to do with them. Mr. HART again repeated his request, that the case should 'rile LORD CIIANCRI.I.OR.—" If there he any copy of be put off till Monday next. Sir W.: Grant's jud , gment, which' both parties ca n agree , I w ill receive it. It is not usual for the Judge below to report to me; and as I cannot therefore. expect to obtain u report of his I Will talte that of' the shorthan d - self agleo to it. The case wa s th en a ll owe d t u ri d tg n er: en f t bo t t i h oln h to stand over. . ~ The next case was called on, and had proceeded to some time, when Mr. flourlay rose .up in Court and accused the Duke of Somerset's attorney of having carried his papers out of Court. •• The LOnto tiANCET.I.Of immediately ordered him to sit down,' and pot disturb the proeeedinga of the Court, as. at that stage of the ,businesi he cot; Id by no possibility hear him. KARItIE- v. CASIAC: Ai r. H ART having yosterdmr been fully fp:44.-(1 on behalf of the plaintiff; And having stated the leading facts of the case, Mr. !lousy now followed ori, the same 'Side, . and argued in suPp or t.of the wilinfAhe late .4 Wenyeie. There was one po i nt in proof of the validity of this will which had not , been stated. By accident the will omitted toappoint executors, and in consequence _administretion was 'taken out not only by Mrs. Metric, but by Mrs. Canute also, and that administration had never been attemptest to be disturbed. The Loki) CHANTc El. 1,(All conceived, that unless the estates were wholly given,up, it, was initiossible to answer die applies. tion for a receiver. Mr. HonarE observed that that was the manner in which he wished to argue the questiem. tillitit regard to the injunction he apprehended that that part or dome wholly rested upon the tormer portion of it. The pl4tintiti, lie conceived, had a clear equity veins; the 'defendants for taking the conveyance, and becoming as it were puttees of the property. The 1 4011D'O7tANTE1.LOit wits Of opinion that the question with respect to the injtsriction turnedupon the saute point. Mr. Itoheas followed on the same side, and referred to the testimony ofthe witnesses, and the defendant's answer, to prove' the validity of the will. The moat gross imputations were thrown upon thoplaintas who bore th e hi g hest ch a r acter , an d it was even insinuated biotite yeese s of the answer, that Mrs. Marrie had forged the Will, rauch an insinuation was not worthy of a reply. The Learned Counsel had no doubt that the Learned Gentleman to whom he was opposed in this cause could state to the Court every insinuation which had been thrown oat; but his Lordship would bear in mind, that all these im putations conveyed to one tingle point, viz t to prove, that the plaintiffs had so worked upon llitss Wenycyc, that she was, merely a tool in their hands, and not a free agent. Now, he was prepared to contend, that it was utterly unimportant whe ther .Hass Wenyeve executed the will as a tree agent or not; he would, for the sake of argument, admit, that she was a tool in the plaintiff's hands • yet supposing she was s u ch a too l, st ill, by these me a n s s h e had got peasession of the estate, she had been induced to file a bill in equity against the plaintiffs, and had cited in complete hostility against them. Mr. HEALD, as Counsel on behalf of the defendants, com menced by alluding to the steps which had been taken by his clients with respect to the distress levied upon the plaintirs goods for 1,30 a The defendants had no desire whatever to take the money from the pockets of the plaintiffs, if they would consent to abide by the order of the Vice-Chancellor, itiipoint. ing the trustees as receivers. The minutes of that order had in effect been rendered a demi letter, by the disobedience of the plaiiithfs, and the consequence was the step which had been taken by the defendants. The Learned Counsel felt satisfied that he should be able to shew that the course taken by the defendants had be en perfectly justifiable -_a course which h e I must say the misconduct of the plaintiffs had brought upon themselves. With respect to the question for the appoint ment of a receiver, he thought the case of the Hope Insurance Company was precisely in point. The doctrine there laid down was, that unless the party would ultimately be en titled to relief, no receiver ought to be appointed. With regard to the main conaideration in this case, viz, the validi ty of the will, the Court had been informed that the de. fendants had alleged that the instrument was a forgery, but with the grounds upon winch the defendants founded that allegation, the Court was wholly in the .dark. This opinion so formed rested upon the following facts as they appeared in the.answer. Mr. Wenyeve, the father of the testator G. Wenyeve, died in 1801, leaving the present Mrs. Marie, his natural daughter, a natural sun Cllr. Higgins), and two le ti. mate children, Mr. George Wenycve and Miss Henrietta IVO yeve (now Mrs. Gamut)., Mrs. Manic had seen her present husband previous to her father's death, and he had strongly objected to the match. Notwithstanding this objection the parties were married, and quitted Bretnam Hall, the residence. The two legitimate children, George and Henrietta Wenyeve. and Mrs. Wenyeve, the widow of the deceased, re sided at Bretnain Halls The father by his will had l eft legacy to Mrs. Marrie of three thousand pounds, and left all his real estates to his son George Weayeve. The father by his will also appointed his nephew the Reverend W. J. Kets rick, guardian over his two legitimate children, who were at that time minors. The mother, Mrs. Wenyeve, died in July, 1802, and Mr. anti Mrs. Marrie returned to Bretrani Hall, and took poescsion of the house and property. They then , wrote a letter to the Rev. Mr. Kerriek, putting an end to the guardianship by that 'Gentl:trtan. This produced an answer front the father of Mr. Kcrrick. concluded in strong terms, and emu plaining of the treatment his son had received. This was a re ply which seemed to have been expected, anti answered the purposes which were intended,- for Mr. Marie immediately assumed the guardianship of the children ; Miss Wenyeve was, from that time down to the day of her marriage, completely under the controul of Mrs. ;Marrie, and refused to do any thin g but with the advice and approbation of Mrs. 'Marrie. The. P, l „,a,in, k possession of the whole property. and the t wo cnitaren, ueorge and Henrietta, combined to live with theta. At the commencement of the year 1111.1, Mr. Geo. , Wenyeve broke up his establishment at Bretnam Hall, and retired with his sister to Harwich. in the October of that year he died, and the fact was immediately communicated to the plaintiff by his sister, Miss IVenyeve. Mr. anti Mrs. .Marrie hastened im. mediately to Harwich, and Wenyeve, after her brother's death, having at that time perfect confidence in Mr. Marrie, delivered to him the keys of her brother's private drawers, desk, and bureau. The plaintifn then left Harwich, and re turned with Miss Wenyeve to fireman Hall. On their way thi ther, they accidentally met an attorney of the name of .Lealte, who accompanied them to Bretnam Hall. In the evening, et about nine o'clock, Mr. heakerecornmeuded that asearch should be made for the will of Mr. George Wenyeve. Mr. arrie Itn rnetliately conducted hint into an adjoining room, and unlock. ing a bureau, which he had used for a long time for the cus tody of his own mass: took .front it a sealed parcel, which was entitled " The last will of Mr. George Wenyeve." This packet Mr. Lemke carried into the front room, and in the 'pre sence of the Flaintiffs and a governess in the family, opened it, and found the will written on one s h ee t o f po s t paper. B y this wilLtheaestator geve t a whole of his property, real anti personal, to his sisters Henrietta Wenyeye, anti Mrs. Frances Marrie, to be equally divided between them, anti upon their death to be given to The aurvivor or survivors of them. Tile will further provided, that in case neither of his sisters should survive him, then that the whole- property should be given. to Mr. Alarrie, who was to pay the Num of 20,0001. to Mr; Iligs tins, the teetatoe's. natural brother. The instrument was togned by three witnessea, blinritons, J. Linn, and Sarah Buchan,' without the other formalities requisite to such a will. The day after the reading of' the will, 31r. Leake auggested that it might be.invalid, as there was no seal attached to it. airs. alarm hearing that such a difficulty had arisen, said th at it roight.he obviattar in an instant, for site had a seal belonging to George li r erlyeve.—The Loup GIIANCELLOII asked whether it was stated in „the answer that a seal had been attached to the will ?--saar. Hoerr replied, that it was stated neither one way or the other.—Mr. alt Ax.o continuestiao state the principal facts contained in the answer. These 'circumstances, connected with the will:Of the testator, .were -sufficient to excite suspi. cionin the mind of Mr. Iseake, and he advised Miss Wenyeve to accompany him to London. ,This offer was, however, de. clined, Mrs. Marrie hiving' advised her not to accept it. On the Bth November following, the plaintiffs brought Miss Wen. yeve to London, and took out tulnunistration of. the will. . 31r. Leake hearing that OW thirties, were in London, arid fearing that MIS. Marrie fhight exercise an undue influenee over .Miss WenYtros went to a Mr. Bridges, a gentleman residing in ifed bion-sqUare, and indttecd biro to salt on Alias lire/Vette to ac quaint bar of her real situationb.ut 11.1inrs.,41dridalisseaceicnogrdiliniilsyli went ,to the plaintiff's house., Witlyeve Whe desired, he saw Mrs. Marie (Whom he took for Miss .Wenyeve). To Iklrs. s 'a ferric he tanfortunetely told his sentiments with' respect, to 'llllaa ,Wenfre'.4, and . the etinae quencet4 were what might have been etpected. Mrs. Mande repmented him as a ficlul The - LORD ClTAxettr:ouLNlThat, poor Bridget'? Mr. II EALII repeated, that Mr. Bridgea had been represented to Miss - Weityeve, - by - AlrA. Marie', as a fiend of 11-11, The Lottl) CfitAXCELLOII,-i btlieVC poor Midges is m uc h t lti l i ) . " l e tE t . a t I .tm n4;laitd°,4li'litft' sc'irtchcathr?'Bllll4l:::!!heto;trniPctit':!:•.*l:triiititgiesie as fast a h t e tl c t o e u li d on , se that he wan vett' glad gielit2e;:nwhifiefit imars again; mi ss 1 4 '41, ydeevtee.fcMontiziltlietnliipt:le:nittZisnoi:::::ulsitiiiolen: entirely under the controul of ;11?4. 3lartic, she was merrier! to ,MT. CanitC, that een period th e f acts h e h a d now detaileAt I . : 3M the answer h a d b stronedi r ac ea 7zed, and the defendants allristat, from t h e declara... Lions of the witnesses who had bean strained; that there wali far believing the ihstritt v it i en e : a k ‘ wi t. t l i l ie nn ea. t s t: be the true and genuine will of 3 . 1 r; WenYcve, but . they believed that that p - oce viritiog was In .KOlllO material w Pa a Tr s th t : er' il l.P . s ,...„ ar on t .;n: i ! c e l d i ll t:a e t tis s . %E ti e L i :L e W ta c b lt: a l r a e l: a t.. t q l : Li e r i g t : 3 ;; int he tillibruc ' es, not unieo thoy could be set Oside by proof eTtittible ineutnbtanctqc must be' appoint or their validity, ' he'aPtirehendo r"e.i'l'er obiervitioni had taboo half the surplus, but upon th e wh°l4 and be ing such a ed ; with rcti t nect to the wa4 t 1131 .7 s.tr6rtg. - - Mr. BOLLAND moved for a rule to 'set aside the verdict In this case .which was tried at the late Assizes. The Learned Gentlethan stated It was an action for disturbing a rookery —(a laugh)—The declaeatien alleged that the plaintiff was lawfully. possessed of a certain cline of land, on - which cer tain trees grew, to which a great:number of rooks were ac customed to resort and,come for the purpose of building nests and rearing their young; that he was used and accustomed to kill divers numbera of the said rooks, to the great antis faction and delight of the s a id plaintiff and his friends; th a t t h e said defendant had with the noise of a gun, and the smell of gunpowder, disturbed and 'driven away the said rooks, and prevAted a thousand others from coming--(laughter)-_.w here by the plaintiff was deprived •of getting rooks in such plenty and abundance as he otherwise might and would have done, and of consequenceS was deprived of the profit and advantage which would have accrued therefrom (a laugh); of course in cluding the pleasure he derived from hearing the said rooks caw. (Laughter). Mr. flolland objected to these allegations,. which set forth rho sufficient ground of action. The fact was, the breed of rooks %yeti no public benefit, for the town was in undated with rooks' eggs, which were sold ax plovers, and with young rooks, which were sold to the unsuspecting as young pigeons (Laughter). Mr. II IntatE Y, who wet for the plaintiffon the trial, said, it had appeared in evidence that the eggs and young birds were regularly sold as what they were. No fraud or deception was practised. 'Loan JUSTICZ.-- , The 'poulterers may know them, but do their customers ? Mr. •1101.1.aieli contended that the plaintiff had no interest in the rooks,on which he could maintain an action for disturb ing them. Mr. Jostle v.—lfas lie not an interest in the young ones bethre th y are fledged P ! Mr. Bot.i.awp, said,. that there was no allegation that the plaintiff was in the habit of taking the eggs or the young oneit,.nor was it e v en alleged that at the tune of firing the gun there were any young ones in existence. If this verdict were allowed to stand, it would go the length of preventing. any man in future from killing rooks or even sparrows, thr it might with truth be alleged that sparrow pudding was a great source of " satisfaction and delight" to anyether plaintiff and his friends--(A laugh.) The Loan Cuter Jus . ricz.—liiit here the declaration avers, that the gun was fired for the purpose, maliciously causing detriment to the plaina The animus was the quo*. fion for the Jury. • • Mr. 'not LAN n said, there could be no doubt that if any person had got up a tree f or t h e purpose of tekingthe eggs, an action woul d have lain fo r t h e trespass i n passing over the laud, but not for taking tba' eggs. ' The COURT, .afte r consulting together, granted a ru l e to ' slim cause, but directed it to be put on the speci a l p a p er for argument, in Order that the Coitrt might have an opportunity of discussing the question. IV TUE IUATTIgn of ilEartlY MARV:Y. CM T'TY moved for a rule to chew CAUSE why this per. son should not be discharged out or the custo d y of Sheriff of Middlesex, from a commitment de contuniare eapienek, by .inif;cclesiastical Judge, under the authority of SX'Cleo. c. 127, for refusing to obey a sentencettgaiust him for slander of a married woman, in calling • bir`by — a certain opprobrious name. The Learned Ctninsatook twoobjections to the xigni. jitylvit, and commitment, first, that they did not spew, that the slander alleged wits matter of Eccicsiastical cognizance; and second, that the sentence was uncertain, inasmuch as it did not state in what p*t of the Church, or for what length of time, the offender was to stand in a white sheet. The, alleged offender Wail an unfortunate colder, and had already enduieti a consider. able length of imprisonnient'for his contumacy, in disobeying the sentence of the Church. In . suppoit of his objections, he cited the King v. Dogger, Barn. and Aid. Rep orts, S. C, Dew], and Ityl.'s Reports, 461: • The CovnT, after some hesitation, granted a rule Nisi. Teti, XING V. TIM, I4Yotr, &C. OF FoWEV. Mr. IV - VT.OE moved for a iiiandiwaus to the Mayor and Al. dermen of. the borough of. Pony, in Cornwall, to proceed to the 'election of a competent number of capital. Burgesses, in order to fill up the number of nine Aldermen, directed by the charter of incorporation. It WAS alleged that there were now only four efitetive capital burgosscs, from . amongst whom,, by the charter, the Aldermen were to be elected, and it was sup. gested that it was the object of certain persons in the borough to dissolve the Corporation by omitting.to fill up the v acancies occasioned by d ea th or otherwise. The Co unT,..under the circumstances stated, granted a rule to spew e:iuse s vihY a 'mandamus should not issue to the Atayor, L. commanding them to elect competent number of capit a l burgesses, or to convene a meeting of,the electors, in order thlit they might consider whether they .would or would not elect the burgesses. STORY V. LORD ATIIEHLM Mr. eItOWTHVR moved fora rule to eheW cense why the bad bond given by the def en d ant s h ou ld not be delivered up to be cancelled, on the groUnd that be was an Irish Peer, nod protected from arrest by tiro Act lof Irish Union.—The Court, however, wore of opinion that the defendant ought to plead his privilege, and refused to cancel the - ball bound on motion. SIR 11VDSON . 1401VE anri BARRY (01EARA., ESQ. I lIE KING v. G'ItIt.AIIA. This case being called on, which was a motion for a criminal, .nformation aga i nst o'.3lcara, for au alleged lib e l i n a work, coiled " A Voice Tram hit. Helena," end whi c h moo d over front last er in , • - Mr.i C.-Pim/mit (with. 14 , 110 M were Mr. PATTESOK And ll~r.. WE NI w04, - pi) uPPeored for Mr. O'Meara, and that his client had yielded to .the seggestions of his Counsel as to gist inexpediency of entering into the matters contained in the fill. merous sifidaviieeliehich* had • been Ted in answer to thereat; Nisi obtained., hy l thy, proseetunr. ;Mr. 0 1 ,Meara'ettkntrisel had taken oponehernselves the, responsibility of dna advice, in gs e hutch' as Sir Hodson Lowe's Cotensethad withdrawn tiorn proceeding, anti proposed 'that dm ruleithould he dischargede It being agreed thereterae,pnrall,liends,, that ,tll4 TU111,44104 be discharged, the qtteation now Was, wh e th er it should't dischargid with or without 'emits ? Th e Learned'Counielie.s. lousiv contended that it :should be discharged - rous e to: e taxer .by the, Master "of ehe Crownotfice, considering tne.ere e cumstancee under,which the case had been presented 'to the notice of the Court. It woald 'be recolleteed that two . Terini had eleiriede .aisti ten Grand Juriee had sat, herons Sir fludions, '" Lowe ventured to make any coinplaint of injury to his clu e . ratter. The Court, when the rule was moved for, yerY ally inquired whether there was any precedent for venting art' ' information where the pry secwor bade() long slititiliered4oier his supposed injuries ? The Solicitnr.General rf ‘ pliO, that he' knew of none, bu t took the rule. on condittati - that lie should p ro d uce som e authority for such, an apptictition:-;...' It was understood that the Learned Solicitor WAS to 4 ekSreh.fCPP • precedents, and, if lie found mine, that the Rule was net to tee, drawn up. B ut , notwithstanding thin condition, vehiclflud not been performed, the Rul e WAS serve d upon Mr. O'Maiiri; i therebyimposing upon him the necessity of that erica-moue expence which b e had incurred in procuring affidavits, in • answer to the charge of libel. Confident; as Mr. O'itleera't Counsel were in the veliditvof the objection au to the "menet* of the application to the Court, still they owed a duty to the Court, in requiring their client to prepare affidavits to Meet the rule upon the merits.' Under these circumstAnces, fore:l rn waed, as the Prosecut or ' s C eense l heti beery of the ne cessity, of producing some precedent, and considering the enormoug expence which Mr. O'Meara had been obliged to incur, he trusted that the Court w o uld' consider his client us entitled ai least to some portion of aloe costs, to which lie had been ea unnecessarily put. Mr. PATTESON and Mr. ‘VXMTWORTLI follOWed on 04 seine aide . The Saractron.fle:re Lit AL said, the understanding term decidedly eat, that Learned Friends should make their elertion between entering upon the merits and allow.' ing the rule to • he• discharged without costs , according to the u sua l pract i ce of the. Court. He begged to call then; Lordships' attention to the nature of the case. It wae true 'the original publication containing th e lib e l h a d ta k en place long' before his application to the Co ur t ; b ut their Lordships would , take into consideration the repetition orthe line). That libet wsa published in November, and his application to the t'oun was made in the following Term, so that even In the case of gistrates he wee fully in time. lie admitted that nothing, had been selected for prosecution in the last, which had not 4)),. peered in the Original publication ; but a person situated a s S ir ' H. Lowe was, might not at first have been aware of, the extent to which the libel was likely, to circulate; he tatinhe not have thought it worth taking notice of; but when lie. found: it repeated over And over again —when he saw ft copied into tar the Newapapers e and Made the subject of general conversation,. he felt it his dutrto apply to that Court , for redress. , Mr. Justice BEST a sk e d if t h e Complainant ' s affidavit ' cOn. tamed statements to that erect ? Mr. Pni [advs.—Not one word, my Lord. The work in question had gone through four editions before Mr. Solicitor. General made his applicatibn to your Lordships. The Sonrciron.liEstg,RAte—SO, then, my client is to he' libelled in four successive publications, and the repetition oldie offence is to be pleaded as an excuse. Mr. PHILLIPS.—DIy LOOS, Sir, Hndson Lowe does not in his affidavit pretend to assert that the fourth edition con. tamed one word, which was not to be fOund in the first. They complain of a work published on the ilth of November, ac which period they. must have been aware of its existence, and yet they made no application to your Lonlehipe until the Hilary Term following. The SOLICITOR.GVNIIIIAL repeated, that his application wet; made in the Term following t rial in which the publication, . took' place, so that even in the case of a Magtstrute he wo ' eterfectly in • time. Bits Learned Friend stated that the Courv. had made a certain stipulation when he made his motion. lie was not aware of any stipulation having been made. Their. Lordships asked hitu if he could direct their attention to any case as a precedent ? To which he replied that he want not then aware of any such case. lle had been asked if ho knew of any similar application made at a period, so distada' from the commission of" the oill,nce ? To wit lel he answered, . that he knew of no line drawn (sieve in the came of magistrates), but understood it to b e en ti re ly at the discretion of the Court. • Ile believed that in the case of the libel against, the lata,Cre,., press Catherine, the application was made more than two term, after the publication. Air. Justice Ilaxey observed that that might have been a very different case, an Andeissuclor might have to aw a it in, structiotis from his Court. Here the complaint was of injury to character; In such a ease 'the - Court *mild expect the corti plainant to be so ler alive to his own cherarter as to apply' promptly. The SOLICITOII-OtNilItAL said , the' rule hail been larged at the - request of his Learned Friend. Mr. Pariguis said, the rule was enlarged by consent I,laliter Term, and at that time the fiolicitor.Genecal knelt that he had no precedents, and ought not to have, pot them to the, etrence of :sending to France .t ie r witnesses. ' • him. Sortie r r fallOWCd oil the same side with the Solicitor General. Mr. Priti.t.irs said, he was ready to give up the come if S!r Hudson Lowe , would swear he had not Lead every Word of the first edition oldie work in question.—(A laugh.) The Cruets JUSTICE said, it was the practice of the Cotire where a r u de was discharged upon a preliminary objection, rim, to allow costs, and h esaw nothing in the Present case to iniluec them to depart from t h at Tule...4lWe dischargea without costs! The Court rose at balf..pest three o'clock. . COLIItT OF COMMON PLEAS,' Nov. 7. The Court was oc.cupied this day in /tearin g motions of rid' public import a n ce . .- The new Court was opened for the first time, and i,ll rritifit, mmm ore coodious than the old o ne . Th e ri ikcciol, front tat stained glass at the roof has a pleasing elect. We iro , snrry to ~mite that Mc, - *Notice llicitardsott- Is Ada/ , prove/tied fromattentling, on aec.ountof severe indispos.itio:),, The Lora C hief J ristice also appears to suffer mu c h fitnn illziel.s.• ttnEt.-EDVIARDS V. DELL. Serjeant PELL moved the Court furl rule to chew cause viny the verdict had in thi l case for the defendant should not be ses &tide and a verdict entered for the plaintiff.' . ' ' The original action had been fora libel 'published by the de,_ fentlant in The riPICS Newspotper, of which ho !tithe printerand_ ,' ' publisher, imputing to the platptitleertain words reachkingu tbe.reputation of a young.ludy of irreproachable character. he. ~.. plaintiff is the minister of a eangregatien of Independent .. scoters at Great Marlow, and the words. tilluded.,to vase...stated ' '-'' by the defendant to hay, been uttered by tbe,plikir4frwhilp.y dressing - his congregation ; they were as fellow:—.' Its;4e,stirqe. , thing to say-whiAl have' of sayink fittliornbiltiusilt r it, relates to one of the teachers in the 40401; her tianwhij Ali ' • Plink. I consider her conduct i s a bail exavniiie;and 4 di d i s grace to thelehool, tir.c.. The defendant Meade& 'jtiatiff eatht whi c h juatiticatityt was, .that ,the words - iroputsd totht.' • Aiwa!" were delivered, not from " the p u ipit , "44 2 glitek,ill.lh . " . - to,/ eon, but from a " residing pew" m the'cliajitl: Tfte • 'jiitie'd Serje.ant' then. proceedell'io argue that , thcjastifieation;r, lien if, true, was nqsuffieiciv.,-111ouon grarnttil,,•,,,, ...:. -• 't; . 4 1 ,0 j IC ' v t• t , MELANCHOL Y r , LIDENT nY V illtOWO,(11(S.--titA . Wednesday last a iirphiiable accident happened to Illat.ter ' Kennersly, the son of a 'Yorkshire Ocattetuan i who: is tit , the Westminster Siehool, , Whe,saholara t on . ()ay ti'aute's elsy t , purchaied g quaiHitY oFlite-Wtiks, which they,wera_yrohir toted from letting bit except' ori their own (ireen; Ut Liearti,.. Yard. A-tailor Wennersly, when they . weir using 'them * held a TOMATA-Can t lic in hi s h an d. wheet orlfurttinstel , y, u* :yo flew' front' it int o hi s p oc k et , which wan tilled with crockers rind other comhustAdes i oll of -them instaratlytxploded;lo clothes were liter4lol)llrned , oil; and his iiiitoind-ehllt, bur ,or# in so dreadtuto manner tt his life hi consitered in clinger, An express woo Wtotritly4nt olrto Ma father.' . The aline dory Master Breslow itad AjnOi4,ll, idwin, two otto.choitirsi,in a similar nianner 1n44.04#00, .glifteti luot firogitolyi, ad it is teased thei williqc tustr'vap ' l., , . :„.. .. . W. B. HUDSON'S SARSAPARILLA SYRUP. rviiE extensive use of SARSAPARILLA in Medical practice of late years, having rendered it an ob. ject of importance to procure a preparation of it in a more con. venient form than the decoction usually prescribed,"this highly Concentrated Syrup has been introduced as a preparation. of much easier portability, not liable to injury by !Ong keeping, and consequently better adapted to,the Joe of persons travelling or residing abroad: . Two table spoonfuls Of the Syrup contain the same quantity of Sarsaparilla as a pint of the simple decoction. Prepared anti sold by W. B. !Judson, Chemist, 27, nay. market, London —Pint Bottles 2.15.--11alf-vints 12s.—Sold also by C. Weller, 63, Threadneedle-street ; hard, Brighton ; Fry, Gibbs, and Co. Bristol ; Knight and Davis, Bath. t