The Sun. — London, England, 1823-07-26 00:00:00

12_71 • 17V ("), • t .- ' • . . Vt , 41.-7 • 1.) 1 • e , 41110fte --sy4it:`,A,..Ps' •• ‘;. , Qz).3,-ccio SATURDAY, JT. IX 26, 1823 NUMBER. 9648. is RICE IrE ri~P NC =niF BRECKNOCKSHIRE. RICH FREEHOLD FARMS in the Parishes of BRUNT LLYS, ABERLLUNVY, LLANDEVAYLOG-REF Y GRAIG, and LLANDEVAYLOG-VACH, in the Vici nity of the County Town of BRECON. By Messrs. MUNN and CURTIS, at the AUCTION MART, LONDON, on WEDNESDAY, the 6th August, at Twelve, in Four Lots, unless previously disposed of by LAW INTELLIGENCE. auction of the glass curtain. The plaintiff stated himself to be a prior incumbrancer on this property, and alleged that his claims were likely to be defeated by the parties being permitted to proceed under this assignment. The VicE.CiarrcEr.t.on granted the injunction to restrain the defendant Arkensuill,from Selling or remo'ing the property of the Theatre; but observed; that he cotjld not on this motion restrain him from despoiling it„' the very use. of the property being calculated to produce that effect. His Honour also grant• ed that part of the injunction which went to restrain Williams from pay.ing : over the money until, the further, order of the rt Cou, and directed that all parties should have immediate notice of this injunction. COURT OF CHANCERY, JULY 25. OPERA 1101.13 E.-WATERS v. TAYLOR. TIN ATTORNEY-GENERAL (with , whom was Mr. ROSE) moved on the part of Messrs. Duthie and Farrant, Solicitors of the defendant, that it might be- referred to the Master to tax their costs, and that they might be decreed to have a lien on Mr. Taylor's o.l6ths of the fund In Court; and also; that the Master might be at liberty to inquire into the nature of the second sale of the Opera House, which was occasioned by the exertions of Mr. Duthie, and, therefore; instead of the property going off for 40,0001. (the first price) it was sold for 70,1501. •Mr. HART opposed the application, from whose statement it appeared, that this was not the first time of the motion hav ing been before the Court ; indeed, it had gone so far, that the order was made pretty near in the terms of the notice of motion, to which he objected altogether. His LORDSHIP desired to he put into possession of the terms of the notice of the motion, of the order, and of Mr. 'Hart's objections, which he would mid, and see how he could dispose of them. Private Contract. Lot 1. IRADWYS FARM, situate in the Parish of Bruntllys, comprising about 158 acres of rich meadow, pasture, arable, and wood land, with suitable agricultural buildings, in the occupation of Mr. Ed ward Probert, at an annual reduced rent of 1501. for an unex pired term of two years from the 29th of September next, with the exception of 42 acres of wood land in hand, well planted with, oak, to which description of timber the soil is peculiarly suited. This Farm, although judiciously cultivatM, is still capable of further improvement. On this lot thereis lime-stone of superior quality, which is peculiarly beneficial to the farm, and is in great demand in the neighbourhood. Lot 2. BRYN-Y-GROES, situate in the parishes of Brunt llys and Aberllunvy_, comprising about 94 acres of rich mea dow, pasture, arable, and wood land, with suitable farm buildings, in the occupation of Mr. Edward Probert, at an an nual reduced rent of 95/., for an unexpired term of two years fwin the 28th of September next. Lot 3. CWR-Y-GAR E and TIR-Y-PRIOR Farms, situate in the parishes of , Llanwern and Llandevaylog, comprising together about 125 acres of excellent pasture, amble,' and wood land, with a Farm House and appropriate farm buildings, with the exception of 21 acres of wood land, in the occupation of Mr. Thomsp ftlorris, for an unexpired term of two years, at an annual reduced rent of 80/.; the - wood land is in hand. Lot 4. SYCH-PANT FARM, situate in the parish of Llandevaylog-Vach, comprising about 65 acres of excellent pasture, arable, and wood land, with a Farm House and ap propriate agricultural buildings in good repair, in the occupa tion of Mr. Thomas Probert and Mr. Howell Davies, yearly tenants, at annual reduced rent of 55/. The picturesque situation of this lot renders it singularly attractive for the erection of a villa. The tithes and taxes of every description on the above farms are very moderate, and their proximity to the-county town of Brecon, the Hay, and Hereford, renders the occupation pecu liarly eligible.—Land-tax redeemed. May be viewed with leave of the tenants, and particulars had of Thomas Bold, Esq. Brecon ; Charles (label!, Esq. Crick. nowell ; Messrs. Baynton and Son, Solicitors, Bristol ; Henry Mant, Esq. Solicitor, Bath ; Mr. William Walker, Solicitor, 66, Hatton -garden, London ; the Bush Tavern, Bristol ; New Inn, Here ford ; Bell, Gloucester; Plough, Cheltenham ; King's Head, Newport ; Bell, Cardiff; at the Auction Mart ; and of Messrs. Munn and Curtis, Walbrook, near the Royal Exchange, London. LONDON REPOSITORY for the CAM N MA tt.bit.s' SOCIETY, for every Description of CABINET FURNI TURZ, FEATHER BED and MATTRESS MANU FACTORY, No. 71, Corner of LEADENHALL STREET, London, opposite Aldgate Puirip.—Read- Money Only. THE Society of Cabinet-Makers respectfully inform the Public that they still continue the above Establishment, for the Benefit of Industrious Mechanics who have large Familes, by offering them Manufactured Articles in the Cabinet Line, of the best Workmanship, and Cheaper than any . House can do in London by twenty-five per cent., there being no other profit required on the Goods but the bare house expellees ; at the same time will he sufficiently satisfied with having constant Employment for themselves and families, • This Society was Established in June, 1821, consisting of 20 Mechanics, adding the number of their Wives stud Fami lies, amounted to 66 ; in June, 1819, five more were added to the Society; in June, 1820, 10; and in June 1821, 8. The total Number no`w receiving Support through the Means of this Establishment is 191. _ liICiII COURT OP ADMIRALTY, JULY 24. ,THE tr.! A.. This was a cause of seaman's wages, and, the material facts on which the proceeding is founded, have already been before the public. Lord STovrrit, asked whether any news had been Yet re ceived of this ship, or of the Captain belonging to her ? The Proctor informed, the Court, that his parties had since received but one letter:from the Captain; and that, he was sorry to say, held out but little expectation of her arrival. Lord STOWELL said there were only two questions here for the Court to decide upon ; the men quitted the ship, and the first , consideration was, whether they so quitted it under circumstances that i justified their desertion ?, (not using the word ", desertion" in a sense that would deprive them Of their claim, but indifferently, in order to . signify their abandonment of the vessel.) This must de pend on the determination of the first of those two questions, which were-...15t, what was the nature of the contyart ?—and, 2d, was there, on the part of the master, such a waver of that contract, as that he should thereby have no longer ti right to insist upon its terms, or upon the seamen's acting upon it ? These were the great points of the case, and those to Which the - evidence should have been solely directed—not to a variety of .matters that were extremely insignificant to the real issue. It was deposed, that these men quitted the yeast: with many ex pressions of ill humour, of rudeness and of incivility to the Cap. tain ; but the whole question was, had they a right to quit ? Be., cause, if they had a right to quit, in consequence of any breach of their contract with the master, by him committed, they them. selves having made no waver of that contract, it was not merely a few unmeasured expressions that could deprive them of their right to abandon this ship. " Such persons (continued his Lordship) when dissatisfied, do commonly.express themselves in strung and harsh terms; and particularly so,, if they are answered in those harsh terms, which the other side in this case appears un. doubtedly to have employed ; for certainly, the Captain, in his turn, gives them full as good es they bring; or rather, I may say, he is the first beginner in this rude sort of pastora l that is sustained between them." Whether their language was harsh or not, however, was not worth a moment's Consideration. If the contract was not what it was stated to have been in the alle. gation of this unfortunate ownet—if, as against the no waver of it could be proved On their part on the voyage to Trieste,—" cadit quertio,"—there watt an end of.the question betreen the parties. If the contract wait not, obserVed by, the master, their language Mild not affect their right to retire from the ship—a right, which in such a case they clearly possessed, The proceedings in .the Coutt of Norway were finite iniigniti.; cant, and touched the merits of the case at a very great distance only, and with little effect. ,The interrogatories addressed to the, whom produced . nothing to shape the case of the parties prOceeding against the owner and master. The evidence of' Magnus Pant, as far its it Went, which was a very Laie way, left it unaffected ; and is to the party who ,had been produced on be. half of the owner, if he could have proved that at Trielite any for mal intimation was given to the crew, that those who liked might remain, and they Who wished to cluit , might leave the vessel, it would have been.* material fact in the case; but no such fact was proved to the satisfaction of the Court. No formal notice of that authentic nature which it ought to have been, was BEER v. wAttm Mr. HART moved, on the part of his client, for his Lord ship's order to have the receive in this case discharged, and his clients put into ion of the estate. This case, which has-been so long anA )° s s o se r: s uch litigated, has been tried twice at law, and the last verdict was given in favour of the legitimacy of the deceased. The Learned Counsel believed this would have been a motion of course, but he understood there was some larking intention in the minds of the Gentlemen on the other side to move to have a third trial. Mr. SHADWELL said, notice of motion had been given by his client some time ago to the Gentlemen on the other side, that his Lordship would be moved on the third seal for a new trial ; and as, when his clients were in possession of the first verdict at law, his Lordship refused to give them possession, so he hoped his Lordship would act now. He trusted his Lord ship would hold an even hand between the parties, and there fore not malie any order on Mr. Hart's motion, till the motion for a new trial was agreed to. His Loans"' te said, he never regretted any thing more that ever he did in the whole course of his life, than he regretted sending any issue to law at all in this case. lie certainly ought at first to have given possession to the parties who then were admitted on all hands to be the next of kin and heir at law; and the only question to be argued now, he conceived, would be, whether, as there were conflicting verdicts, he ought not to consider himself placed exactly in the same situation as if the else had never gone to law at all P He really was of opi nion that the best way would be to treat the case as if the one verdict nullified the other, and for that purpose he desired it to come or. on Tuesday next. VICE-CHANCELLOR'S COURT, JULY 25. SIR GEORGE HENRY SMITH v. W. lIOLMES AND LIEUT.- COLONEL TRULLO. Mr. Rourr.ti. stated dist this was a motion on the part of the plaintiff; Sir G. H. Smith, to restrain .Mr. Holmes, the Treasurer of the Board of Ordnance, from paying a peneine to Colonel Trull° of lOs. per days The VICE-CHANCELLOR asked what was the nature of the pension ? Mr. ROUP,ELL replied, than the pension. was granted for military service at the battle of Vittoria, and Was wholly distinct from the half-pay which *as due to that gentieman as Lieut.- Colonel of the artillery. , • • • The VICE CHANCEI.I.Cht knew df, nu authoritv to grant &Tension of this description; Unless in the cue off` wounded °Ulcers. . Mr. ItautEit read the power of attorney Which authorized the receipt of the pension. The Vict-CtteleEt.toi felt a:Waged, that no pension of this nature could be granted without a special Act of 'Parlia ment. lie wished to know if any gentleman appeared on the other side. Mr. Rouitit. said,•the application was made without Mitice. The VICE.CLIAT4CELLOR could not grant this injunction, being wholly in the dark as to the facts. The Act of Parlia ment mast be produced, and the Learned Counsel must obtain fuilher info mation 6n the case. • . nnpu:u NAVY-OFFICE, July 24, 1623. TILE Right Honourable the LORDS COM MISSIONERS of his MAJESTrs TREASURY having 4 ppointed Money for the Payment of HALF-PAY to SEA OFFICERS, from the Ist of April to the 30th of June, according to his Majesty's Establishment in that behalf. These are to give notice, that the several Payments will be en to be Made at the Pay-Office, by the Treasurer of his Majesty's Navy, at Ten o'Clock in the Morning, on the fol lowing days, viz. On the 4th, sth, and 6th of August, to Admirals, Cap 'tains, and their Attornies. On the 7th, 9th, 11th, 12th, and 13th of August, to Lieu: tenants and Chaplains, and their Attornies. On the 14th and 16th of August, to Masters, Surgeons, and Pursers, and their Attornies. After which the Lists will be recalled the first and third Wednesday in every month, that ell Persons may then and there attend to receive what may becoMe payable to them and bring with them an Affidavit as required by. Order in Council of 30th July, 1819, the Forms of which were publish- , ell in an Advertisement from this Office, dated 16th Septem ber, ma, and may be procured at the Office of the Treasurer of the Navy; and in case any of the said Officers should not be able to attend themselves, but employ Attornies for that purpose, the said Attornies are to produce similar Atli davits from the Persons they are employed by. Where Officers are Abroadon leave, their Agents arc to produce attested Copies of such Leave before the Half-Pay can be paid. And as by Act of Parliament passed in the 35th year of his late Majesty's Reign, entituled, " An Act for establish tag a snore easy end expeditious method for the Payment of Officers belonging to his Majesty's Navy," it is enacted by the 20th Clause of the said Act, " that if any Commissioned • or Warrant Naval Officer, who shall he entitled to receive Half-Pay, and shall be desirous to receive and be paid the lame,st or near the place of his Residence, he may apply to the Treasurer of his Majesty's Navy in Landon, to have such Half Pay paid at or near the place of his Residence, &c. in the manner pointed out by the said Act." And by a fur ' Mar Act passed in the 56th year of his late Majesty's Reign, entitnied, " An Act for enabling the Officers in his Majesty's Navy, and their Representatives, to draw for and •` receive their Half-Pay," it is enacted by the Ist and 3d Clauses of the said Act, " that if any Officer in his Majesty's Nary, who shall be entitled to receive any sum of money for or on account of his Half-Pay, shall he desirous of drawing a Rill of Exchange for the same upon the Commissioners of his Majesty's Navy, instead of receiving the same by Remittance Rill, he shall signify such desire by' Letter to the Treasurer of his Majesty's Navy ; and that if any Officer in his Ma- ' jesty's Navy, who shall be entitled to receive any sum of mo tley for or on account of Half-Pay, shall be desirous of having his Half-Pay paid to him by Extract, at any of. his Majesty's Dock Yards, where Clerks for the Paintent of Wages fur the Nary shall reside, instead of receiving the same by Remit tance Bill or Bill of Exchange, he is to apply either to the proper Clerk at the Navy Pay-Office in London, or at the Prty.o9ice at such Dock Yard, signifying such his desire." Notice is hereby further given, that the Half-Pay ending the 30th of June last, will commence paying on the ath of August, 1323, and all Persons• desirous of drawing for, or of having their Half-Pay remitted to them, may apply as above directed. Mast.—Bills of Exchange drawn' under or'by virtue of the Act above recited, are not liable to the StaMp Duty. No Persons residing out of his Majesty's Dominions are en „ titled'to the privileges of this Act. To Sail in all August, FOR MADRAS AND BENGAL, THE fine first-sailing Ship CLYDE, A 1 ' lying in the City Canal, Rur then Soo Tons, THOMAS DRIVFAt, Commander. 0" Has excellent Acconiroodations for Passen gers, and will carry a Surgeon. For Freight or Passage, apply to Messrs. R. SCOTT, AIRLIE, and Co., to the Commander, at the Jerusalem 3 4er-house, or to ISBISTER and HORSLEY, 11, Leaden hall -street. FREEHOLD ESTATE, DEVON. • TO RE SOLD BY AUCTION, M e y er ; MUNN and CURTIS, on WEDNESDAY, the Pith of August, at Twelve, at the AUCTION MART, London, u t FARM, called GAMONS H ILL FARM, -4A. in the Parish of liilmingston, and sear the capital Market Towns of Honiton, Chard, Lyme, and Axminster, great. part of which is Freehold, the remainder held by C o py 4)t ' Court Roll, on Two healthy Male Lives, and is part of a Prebendary Manor, belonging to the Cathedral Church of Vork ; comprising, in the whole, nearly 100 Acres of excellent Meadow, Pasture, and Arable Land, in a 'high state of culti vation, and Five Acres of well planted Orchard; with a com fortable Farm-House and Homestead, in the occupation of Mr. R. Dennett, a yearly tenant, at a reduced annual Rent of Two Hundred Pounds. May be - viewed, with leave of the Tenant, o whom Parti culars may be had ; also, at the New London Inn, Eieter ; the Golden Lion, Honiton ; the George, Axminster; the Three Cups, Lyme Regis; the George, Chard ; the Antelope , Sherborn, at the Auction Mart ; and of Messrs. Munn and Curtis, Walbrook, near the Royal Exchange. THE ORDERS of PROPRIETORS of COUNTRY BUSINESS, and also those ut eXeceted, on Whole ale Terms, in every part of the Country, from MILLARDS', No. 16, CHEAPSIDE. Whole- Cal. and Retell Foreign and British Warehouse, and each article warranted..”-The Nobility and Families residing at a distance from Town, and Nor* tors of Country Business. , are very respectfully informed they may be supplied twith their Flaxen Linens, which never fail in the wear, nor divide, "1 Piec es o f 26 and 2 1 ; yards each , at 21., 2s. 3d., 2s. 6d., 3•.. and 3s. Gd. per yard, &c.; with Sheeting' of* all IL'idtlis, Damask Table Linen, H uc k a bucks, Piece Diapers, Fren c h Cambrics, as imported. from 41. 6d. to 15s. t;d. per yard ; kind* of genuine India and British Muslins, in }:itvves of 20 yards, and demies of 10 and 12 y ards each, from 4 ' lo 41. 6d. per.yard ; European .and India Lon g Cloths; 1 Cleth, obtained nowhere else, warmer than other from Is. 611., ts., 2s. 6d., Bs. &c. per yard, in pieces 26 to 52 yards each, of the grea t es t advantage to wear in the Indies, as well as in the colder climates; White (hints; And and Drewing 7 reonr Furnitures; Coloured Muslins, &c. tt the wholesale p ri ce, by sending their or ders, with remit .t (post paid), or an order for payment in London. A 7,nß l * article sent for will shew t h e advantage derived: their w tiff : tor claim-r e sting on the great sa vin g of travelling expenees which mos t unavoidably be p laced u p on the goods under . f ..,!fent meth o ds of business; un all am ounts above ten pounds. ti_tuntry mink t reiltils - at No month", payable in town, will r taken tweash.. S • ociety and their Families beg leave tp return their sincere thanks to those Ladies and Gentlemen who have hitherto honoured them with .their Orders and Heconimenda tions, and shall always feel happy in their endeaVours to give future satisfaction ; at the same time solicit a Continuance of their Benevolence, whereby they may be enabled to inaedle the Number of the Society. The following Articles are inserted as a Specimen of the very Low Prices, all warranted.-Ready stoney only. Full size Mahogany four-post Bedstead, latif bottom 31. /5a. - -Firll size tent Bedstead 11. 65.-Bordered hair Mattress to lit 11. ls.-Malingany Drawer, solid ends 31. 35.-Feather Bed 21.105.--Ditto, free front dust and swell, fall site 31. 101. Six japanned Chairs of any description in oil 11. 65.-Best dot Wash-band-Stand 165.-Ditto, Dressing Table 165.-hearth Roma 1.1..-3` ft. 6 inches Chest of Drawers 41. 45.-Three-feet mahogany Pembroke Table 11. 18s.-Three-foot - ditto on pil lars and claws 31. 155.-Mahogany DreSsing Table 11.-Ditto Bidett, best 11. 41;-Ditto Bedsteps 11. Bs. -Ditto ditto 11. 12s. -INtto ditto 21. 2s . - ---Ditto Box Glass, 2 drawers, best British Plate 165.-Ditto ditto Is. 65.--Ditto ditto 11. 18s.-Ditto Swing Glass, large size, commode 35.-Ditto ditto 55.-Ditto ditto us.-Ditto ditto 125.-a Sea Bed and Pillow ss. Pd.-Ditto ditto 65.-Ditto ditto 7s. -Tray Stand 75.-Long Mahogany Tray 141.-Japanned Book Shelf 78.-Tea Caddy Ios.i-Porta.; ble Desk 215.--Desk covers in number t4s.-Music any pattern Bs. 6d:-Eight sfahogiiny Chairs, covered with horse hair, brass nailed 61. 65.-0 ditto tittle M. 151.-8 ditto: ditto 71. 75.-41 Trafalgar ditto 91.9a.,--51 ahogany Sofa t:o'mutcle, 71. 10s.--Ditto Couch 71 10x.-DittO dittoOL 10s.-Ditto, with, Bedstead 71. Ios. - Set of Mahog an y Card and Sofa Tables,Ml turned legs, banded in rode-wood 81.155.-.-Set of Mahogany Tables, two Card and Sofa, on pillars and claws 121. 12e:- Ditto, tlit best that can be made --to order or pattern 161. 10s. ' -Handsome 7 foot 6 pedestal, Sideboard, with carved back 171.-Ditto 7 foot 161.-Ditto 6 foot six . ,151.-Set. of Dining Tables, of the last pattern, 4 foot by 10 foot 61 IL-- Ditto, 4 foot 2 by 11 foot 6,151.-Ditto, 4 foot 6 by 12 foot 6, 161:16x.-If Spanish, an advance of 31.105.--Straw Palliasse 11. ls.-Tent Bedstead and furniture 31.13.-Bamboo Bed stead and French elyptie top, with drapery and fringe, 81. IN: -File-foot mahogany four-post Bedstead and furniture, with French draperies, lined all through complete, 151. 10s.- Five-foot ditto, ditto 16s. 10s.-Mitto ditto, with cornice,, of a superior make, 1131. 10s.-Ditto ditto, with gold cornice, ele.; Kant drapery 201.--Drawing-room Curtains, of the best Mo nne and Chintz, fitted for wind ow, 61. 6d.-Ditto ditto 71. 7s. --Ditto, of a superior and elegant style of work, 101. rOs.- Drawing-room rose-wood-Drawing-roorn Trafalgar Chairs Ditto, inlaid with buhl. 2' Covers, and Sofa, 181. 185.-Ditto 11. lt.-Drawing-toom Sofa 61. 63.-Ditto, 71. 7s. -Ditto 81. 816-Horse-hair Cushions, each s*. 6d.--Covered ditto 41. W. TIIURNELL, Agent. COUNTRY DZALEAS SUPPLIED. • Goods packed free of eitpence, except the materials, and sent to all parts of Great Britain, and to the East and West In dtes.--Captains fitted out, and merchants supplied with Ca binet Goods for Exportation. *** Apartments Furnished at a few hours' notice, and Houses two or four days. r- TuE CoioNATioN.—Our readers will recol lect the circumstances of the trail of right which took place be fore the Privy Council some time ago, full reports of which appeared in our Paper—the parties being, the claimant Archi bald, Lord Douglas of Douglas,—the opposer of that claim, which was " to carry the Crown of Scotland before the King in all processions in Scotland," being the Duke of Hamilton and Brandon. The most Honourable presented their report to the King in CoUncil on the oth instant. That was read at the Court at Carlton House on the 16th instant, when his Majesty having been pleased to take the same into consi deration, was pleased by and with the advice of his Privy Conn cil to approve thereof. After detailing the Petition of Lord Douglas, and the Memorial of the Duke of Hamilton and Brandon, the Report so confirmed declares, that their Lord ships reported to his Majesty that the privilege expressed in the several Charters produced extended only to carrying the Crown of the Ancient Kingdom of Scotland in Parliament ; and that therefore, supposing the privilege so granted can be the considered as existing, claim of the Lord Douglas to an heritable right to carry such Crown in the late Procession from the Palace of Holyrood to the Castle of Edinburgh, does not appear to them 'to have been made out, the bearing of such Crown in such procession not being a bearing in Parlient ; and that, therefore , it rested with his Majesty to a am appoint such person as his Majesty might think lit to perform that cere mony ; but the claim of the Lord Douglas of the ofliec of car rying*such Crown, being a claim of an heritable right, their Lordships are of opinion that the same may be discussed and decided upon in a Uouit of Law, as other claims of heritable offices have been g racious) and decided. This, therefore, his Majesty has been g y pleased to apProve of.—( Morning s. Post.), The bill in this case had been filed to compel the specific per iormance of a contract entered into by the defendant for the purchase of an estate. The vendor not having been able to make out s good title by the time menti one d I n the con t rac t, the matter hat! been rctierred to the Master, who, after having completed the investigation of the deeds, made hix Report on the 29th July, 1822, declaring, that the vendor had then made a good title, under which the purchaser might safely take pos session. It was now moved that interest might be paid for the whole of the purchase money, since the time of entering into the contract: The vendor's Counsel contended that the pur chaser would have a profit arising front the timber on the estate, which had been increasing in value by growth up to the present time. To this it was answered, that a very great pro portjen of the timber consisted of trees which had been planted for The purpose of ornament, and which could not therefore be destroyed, and from which the pur c h ase r had not derived even pleasurable enjoyment, as he had not been In possession of the estate and .11r. Wetherell observed, that the vendor might as well ask for an interest on the growth of the deer in the park, though the ptrrehaser had never enjoyed the privilege of killing and eating theni. The N'tE-Citamczt.t.on said' th a t the timber, whic4-could be cut down and sold, had evidently b ee n increasing in value since the timg of making the contract, and interest was theV fore equitably due on that 1 but as to that part of It which was, merely ornamental, and which the p u rchaser, could not remove, , it could not be fairly contended that thepurehaser was liable for he could never have a profitable possession of it , and until the time of entering into actual possession of the estate he had not received any pleasurable enjoyment from it. His Honour therefore decreed, that as the r e p or t itt favour of the title had been made on the 29th of July, and aa the necessary convey ances might have been executed with reasonable diligence to the followinff month, the purchas er should pay interest on the w hole of the purchase-money from,the, 29th of September to the time of his takingtietuallyi;t E T . r roisesi s ir i Lo x l. In this came an action or trover had been broug ht in the C o urt of Common Pleas, against the defendant, for the uniaw. ful conversion of a vessel and cargo, siur the Jury had giVen 16,0007. damages. It was now m o ved, that interest should be paid on account of the use of the vessel, from the time of the conversion to the verdict ;,hot The Vtcu•ettAiert.Liirt said, if he were to grant the mo. tion, he should be disaffirming the - verdict, as the Jury - had by A general finding given what they considered sufficient damages in the nature of interest for the use of the vessel. Aiu OF nucyrine AIW oTtfritti; Mr. Haar moved ibr an Injunction to restrain the defend ants from taking further proceedings in a suit which tiler had instituted against the plaintiff, in the Court of Chancery, in Ireland. The Learned Gentleman said, the plaintiff had en: tered into certain debenturea, as a part arrangement, fat the payment of the debts of his father, the .Marquess,qf Headfort, and he had since discovered t hat these had been given for sums larger than those actually owing by his father. The object of the present applicatiOn, therefore, was to bring the defendants to an account, by which the money really due might - be ascer tained, and ti.e plaintiff be enabled to take measures for its liquidation. eecti o n b g aex pe v r e s d o , ns th w e ho are plain. Onestion is, w 11Ir. BELL was heard at great len g th on th e otheiside ; and The VICEX HAN CELT.O4, determined that he co u ld n ot entertainliether I theaenmnottaikone.anfoleitir resp Hie honour tiffs in another Court, an d who are not parties litigating questions in this Com for their benefit. The general rule in this case is clear, and the only exception is in the case of a creditor who has brought a n action against an executor after to decree. This exception I am now asked to extend, noton an action brought here, but on a bill depending in a Court of equity in Ireland. 1 cannot do more than follow authorities already laid down. It is not for t me s who am not the superior Judge of this Court, this tc•clirjeli exceptions; and if the parties think this application is _ y to be granted, let them apply to the Lord Chancellor, h w .0 , aa it.ipreine•Judge of this Court, may do what is n ot , roPerlY Wi th in my Jurisdiction. Th e costs of the aPOicautin were then ordered to stand over until after the application to the other Court. ST. J 01124 V. OLOVSOP AND ARKENSTALL. Mr. LovETT moved fur an Injunction to restrain the tle. fentlant, Arkenstall, who acted under an assignment of the property of the Coburg Theatre; given by the def en d ant G los . sop, from selling, remov i ng , o r beep s niling the said prop er , and also to restrain a person n amedtyfrom paying over to Glossop, until the further order of the Cotirt, 9, $„„, of be. 'Often three and four hitodred pounds, the produce of a Sate by . given ; but if the thing was done at at, it was in the same. careless manner in- which the voyage -,w as otiginak- com menced. The drip's article stipulated for a voyage, clearly, to " the Luffodin Islands; from. thence to any port or ports in the Mediteranean i" and to this stipulation it was !Omitted that the master had added the words, " and elsewhere," which might mean that they were to sail all over the worl I. This was not the Proper way of proceeding in regard to such an in strument. It was not that small change of destination, neither; to which a mariner was bound to submit; for where the cap tain, in order to obtain a cargo, thought it expedient to alter his destination to some port in the neighbourhood, as it were, there the mariner was undoubtedly required to accompany the ship; but " elsewhere" implied , Wherever the winds and waves might take her. The Learned Judge finally decreed that these parties were entitled to the whole of their wages up to the time of their quitting the ship, and half their wages for the term of nine months during which the return voyage lasted. THE FLORA. Lord STowyt.r...—This ship was arrested for a debt by com mon law process ; afterwards .the seamen libelledligainst her in a cause of wages in the Adniiraly Court; and this they clearly had a right to do. They bad also a right to demand that the ship should be sold for the satisfaction of their claim. She was sold ; the proceeds were paid over to this Registry ; the wages were settled, and there now remains in the Registry the balance. Of course, in the usual course, that ought to Ire paid out to the owner himself; but then the creditors of that Individual step .in, and demand it. Now I have great doubt that this Court can interfere between the parties. This matter of debt is clearly common law question, and not one of Admi ralty jurisdiction ; it doeli not, therefore, preperly belong to me to decide it. I shall, however, if it be thought proper by the superior Court to issue a mandamus, be very willing to obey it. MeanWhile i in order to save all imputation, which this Court despises, but which I should be very sorry to hear had attached even td the officers of, the Court, as to improp# motives in retaining the money, let the money be invested in Exchequer Mr. JtsnitErt, as Proctor for the ,Sheriff or Kent, out of whose hands the mone_y had been paid, - submitted that the moment execution had peen levied,. the original' owner lost all right to the goods taken in the execution. No injury, on the other hand, could arise from returning the money to the Sheriff of Kent, .because the legal proprietor, if he could prove his right would not suffer in that right by such a pro.: ceeding. Lord Sc.iowti.r. would not suffer the money, under the pre lent circumstances, to go out of the Registry, but repeated his order as to its investment. lift V. WU!TE. , This was an application by the Xi )10'61 ADVOCATi, on be half of the Lords of Admiralty, far the warrant of the Coat to arrest Luke White, master of the merchant brig Orion, for hoisting at his mast-head a Royal white ensign. The affidavit of Lieutenant Pintiock, of his Majesty's sloop Surinam, was then read. It set fbrth, that on the 24th of April last, being then off the fort of Castrett, in the Islend of St. Lucia, he descried the brig Orion In the port, with a white ensign, having St. George's Cross thereon, flying at her mast head; and boarding the brig, he hauled the said flag down, and carried it with him to the Surinam—Warrant ordered. ASSIZE INTELLIGENCE. CROYDON, Juiy 25. MURDER OF MRS. RICHARDS, AT CLAPHAM. Philip st q pn and Charles Keppell were indicted for the wil; fill murder of Elizabeth Richards, by suffocating her with an apron, at Clapham, on the Bth of April last. The intense interest which this case excited is almost in. credible. Every part of the Omit was at an early hour crowded to excess, and When the doors were opened to the - public, it was an useless ceremony, as there were then no more accommoda tions for the spectators. Even the Gentlemen of, the Bar were obliged to make a special application to the Bench to be accom. modated with sitting room. The prosecution was Conducted by Mr. Co tnz nn l ilr. BOLLAND ; the defence of Stoffell by Mr. A NDJIEWU ; a►ui that of Keppell by Mr. Anor.rtrus. The evidence against the prisoners ranged itself under four heads ; first, the facts and circumstances of the murder of Mrs. Richards ; second, the testimony of Robert Scott, an accomplice of the prisoners ;' third, the vOlUntary confession of the prisener testimony of a a Bbo gir s t u n d u t t h o e be c r o :o e f eti v i r i l o t rt , : :l e e 11 8:e s : 8 61 , 1 i a corroboratingand fourth, . of Steffen, in many collateral, but material circumstances.--. A. brief outline of the leading features of the .case will, ter the present purpoSe, be sufficient to recal the attention of the public t o the atrocious crime with which the Prisoners stood charged. The deceased, Mrs. Elilabeth Richards, was a widow' woman of small income, and turned of 74. She resided in a cottage, , forrnipg one of a row cf 'lollies in the Clap ham-road, neer Acre:lane, on the loft band side coining from London. An elderly woman, named Bell, lodged with her, • • f , who was in the habit ofgoing to a Dissenting Chapel on certain evenings in the Week. The deceased was occasionally visited by a young woman named SOphis Jones; a dress-maker, whose Constant practice was to call upon the deceased every Tues. day evening, for the purppse Of reading for her amusement. On Tuesday evening, the flth of April, Mrs. Bell left the cot tage of the deceased flie the purpose of going td Chapel as usual. The deceased, who occupied the front parlour, which opened upon. the . toad, Without a hall or paiseage fastened up her door.' Between seven and eight o'clock Ass Jones called to read to her according to her prectice ; sale knocked at the door,, anti received no answer ; the. knocks were repeated, but without effect. Observing the door not to he fastened; she pushed it open, and found every thing in darkness. She vehemently called to the deceased, but received no reply Upon entering she. found the deceased lying On ner WA.. apparently dead ; an alarm was Lgiven e the neighbours col lected, and, upon entering, the deceased was found a life less corpse upon the floor. Her face was covered with a white upton, pne ;end of .which was twisted, and thrust dowo her tbtoet e to the extent of Several inches. , Upon pulling it out, the part, which had been-in her mouth wits satu rated with saliva, and stained with blood, in consequence of the forcible expulsion of a todth from her jaw, which was supposed to have been swallowed-in the agonies of death, A surgeon was called in, but the spark oflife was irrevocably extinct,. though the, body was still warm. These were the. outlines of the cireornetances.and manner of. the death, To prove that the prisoners were the perpetrators of the crime, the facts elicited in evidence ,were, these i—The house had beet; robbed of a metal ; watch, . some silver spoons, some wearing apparel, and some money to the anumnt of about 31. 10s.— On, the table, in the apeConent e was founda brown paper par cel, addressed as Pillows :—" Mrs. Bell, 'hat Mrs. Richard's, Clapham, Surrey," which, upon beingg, opened, was found to contain nothing. but .a piece of e blank paper. Next day the police .were on the alert. 4t *tweed of two hundred pounds was offered for the r apprebension of. the murderers.—liall and Olennoje; two fictive police officers of the Public Office, Union Hall:. obtained information •Which led to the apprehension of the PliSoller Stollen. He was taken into custody on the lith of April, andbrooght before Mr. Allen, the Magistrate., ...The officer flail being possessed of the brown. paper parcel Above-mentioned, induced the prisoner to re-write this address written upon it, upon .a piece of white paper, and having done so, showed him the hrown paper parcel,. and asked him if he knew that ? The prisoner, panic-struck by this testimony of his guilt, which was found exactly to correspond with the band-writing upon ; the piece of aper, immediately said, he certainly was concerned In the robbery, and was present at the murder of the decearsedeand said he would confess all. The Magistrate, who was present during pail of the time the pri soner was waiting, warned him that he was not bound to con fess any thing. to his own prejudice. However, the prisoner desired his 4tatemeht to be received, and he epteeed accordingly into a minute detail of the circumstances of the robbery and. murder. In this he 'implicated Scott, Keppell, and a man named Pritchard. From his statement it appeared, that the robberYlad been Planned a month before it was effected.— No personal violence was intended towards the deceased; . but it was arranged, that an entry into the house was to be gained by making up the brown paper parcel above-mentioned, di , rected for Mrs. Bell, who was known to lodge with the de ceased. This plan was. accordingly. executed. The accom plice, Scott, knocked at the door, which was opened by the deceased, and upon receivbig the parcel, she took out her spectacles to eclat the address. Ailillst she was so engaged, the net of the, petty entered. The prisoner, Stoifell, who was her nephew, laid hold of her, told her no violence wile intended, and advievil her to make, no noise. She was laid. down on the floor, and the prisoner Keppell wits left to keep her .quiet, while the rest of the gang -proceeded to rifle the house. As soon as they had accompliehed. this object; they, f o lioed the house, leaving the door near. These,- which were only the leading eircomitances of SteMPa confession, led to the apprehension of Keppell and Ocott, Who after the ronbery and murder, had gene with Pritchard to Bristol, but returned to London ;free a week's aloence. The father of Scott, who. was a rat-catcher by, trade, Was instrumental to the detection of, his eon, on condition 'that he should be admitted :is:in approver. On a day fixed in the following week, Scott accordingly ear• tendered filmset( into the' custody. of Hall and Glcnnon, the officers, and was confined in the house of, the latter the nearly two months before he was brought up foe examination. The reason for this delay as to Scott, was suggested to be With .a view m render him inetrimental to the apprehension of Prit thard, who had absconded, ~and was not yet brought tits justice. The same information given by Stollen Fed to the apprehension of Keppell, who, being brought before the Justice., desired to hear Stain's statement read ova to him, which.. was accordingly done. He was about to' make an admission .tending to implleate himself, when the Magistrate, at the aliggeetion of Illr. .Andrews, the Counsel, evil° was attehding the office at Union-hall Upon another cast, told him that any confession or statement he should tenike would be adduced in evidence against him on his trial ; he therefore declined eitying any , thing. ,The accomplice Scott made a full confession of the robbery and murder, which, in the details, did not differ materially from the . statement of Stoffell. Throteghout the whole transaction it was quite mani fest that the death of the deceased was not originally contem plated, and that-the fatal termination of her life seemed to have arisen from a desire to prevent any. interruption whilst. the desperate gang were accomplishing the robbery. A great number of witnesses were examined in support of the fourth head of evidence, with a view to. corroborate'-the accomplice and the confession of theprisoner Smiled. It was stated by floe accomplice thaodie plunder had beau sold to a map named Perkins, who kept an, non-stall and reef-shop in Bell-alley', In' the Mint, in the Borough. This person was called as a wite' nets, but denied all knowledge (lithe transaction. . In the puree of the trial, Mr.,Serjeant Os stow anienade verted in strong terms of reprehension uppn the practice of pub.: lishing police reports of cases brought ex-portchefore.the Ma. gietnites, and observed that it was a matter.which ought to be takers notice of by the Attorney.tiencral. In the time of. Air, Wace, the Attorney-General', no such publications ever took . . ~ The case foie the prosecutiop being closed, the prisoner% w ere called upon for their defence. The prisoner Keppel replied that lie had nothing to say, bill that he was entirely innocent of this murder. The prieoner Stolle' said that he had nothing to add to what he had already spoken. . Mr. Serjeant ONSLOW summed up the evidence with the greatest minuteness. _ _ ,_ _ _ _ . ... The Jury deliberated a few minutes, and found the prisoners Guilt, and they were ordered for execution on IVionday Morning. Both the prisoners, during the time that the Jury were de liberating on . their verdict, and also at the moment when it was delivered in, and tubSequently whilst the Judge was passing sentenceupon them, presented an aspect almost entirely unmoved. There was, however, a transcient fl ushing of blood under the eye, an involuntary biting of the lip, and also a slight convulsive tremor in the cheeks of Keppel, which showed that; however he might wish to hide, hr still w A7l agitated Iby ignite strong Internal feeling. There was something ps. cullarly airin g and reckless in his glance during the whole ctn. tinuance of the trial; and yet we are inclined to think that if it bad not Wen for a cat-like slyness with which he somttimea eyed the witnesses that were, produced ag ainst him, an indiffer: ent spectator would, have judged from his countenance, that he was a person whose habits were that in general of Mild and gentle description. Of the innate ferocuy of his divination, however, few doubted who heard the evidence offered at hi e trial. If there were any persons in whose minds even the shadow of a dont*. lingered, .it . was entirely removed hy his exclamation to the Coort on leaving it. As he descended the steps by which the prisoners leave the bar, he apostrophised the Learned Judge ivho hail triedlihn, at a b—y old rogue," and IlimMed 41114 114 b.,--y Jaws together. The appearance or sue,' was much 'pert savage than that of Keppel.'