The Sun. — London, England, 1821-11-23 00:00:00

• .4qiiii/or - - . .. -- ,- -4 - ,,,- ~, '''', • 0 . ' 1• '4.-- ,- .- - -- - . __..,.. ;" •• -- -., ; .7,-... • - ' --. i. . ; ;,..ic . ._.... .-. . . . ::,,.- - • ,-... , , , ; ~• , • , - ..i.. 4 .. ---.,...._,A,,, D • - • ----- : . 4 4.?.. 2. , / /: f:V . ' , --,>.,.. , i , s.: ~.t., , . ..5,. - • ',. - 1,... ;,.. • .0 , ,, / ("/ / :2 ',.*,,, X !!‘ , 7 7 7 44 411 1 '' \'' ...,.., ~ i V . - 5 • t it. V......... - . . . , , ' i .---9 . . ei-7,..-:. ‘in -t- . .14-i . 4,' - e • t -*e zei ..-.---..) //4 1.,/ ow • r l , l \, ~ .. - ~e , ) 41R NumBER 9125.1 FRIDAY, NOVEMBER IS2I. i l kigt SEVEN rtNe OFFICE GI ORD.:V.-INCE, November 12, 18'21. THE PRINCIPAL OFFICERS of His MA JESTY'S OI?DNANCE do 'hereby give Notice, that Propo.sals will be received at their Office, in Pall Mall, On or before Monday, the 26th Instant. front such Persons as' may be willing to undertake the Supply of BOOTS and . SPURS, for service of this Departnient, for a period of One Year, detertnitatble after the expiration of the First Year, upon Notice of Three Months, at the option of sit her party. PUBLICATIONS. thought themselves entitled to take under the will, did they consent to the passing of an Act which declared that the Pan cras estates were not vested in them for the use of , the general objects of charity, to which Judd had devised them ? Under all the CircumitanceS of the case, be was of opinion that the title to the estates situated in .St. Pancras and All Saints pa riihes was not to be taken under the paper called the will, but under some transaction which roust be taken to have been an ttredent to the will, and to have c.eated. an incaVaeity in .Tudd to Make a devise capable of being affected by the, 433 of Eliza heth. All the Court could do under the anneal Was to correct the language of the decree of the ViceXhancellor, without altering it an substance, by infusing into it some words with respect to the will, so at to leave the question open for discus sion as to whether the will could be considered a declaration of trust rendered operative by the 43d Of Elizabeth. , Mr. SHADWELL asked his Lordship whether the master of the school might be permitted to send in proposals for an in crease of salary. His Lordship replied, that both the master of the school and the Company might submit a scheme to the consideration of the Master. ' H. Davis, the brother of the plaintiff, - wan apprehended a_ lodged jri the Poultry Comprer upon a charge of forging a I.: or, Messrs. Drummonds and Co., a for quite unconnected with the present case : that on the 12th o f Jan. 1819, the day of the dividends, the plaintiff *tut to the Bank,r e iid got some small sums at his dividend upon long annuities, but did.not demand. his large sum for dividend upon the 8 per cen t. st oc k w hi c h had stood in his name, and Which, had he done . must have led to an earlier detection of the forgery npon.the 'Sank); and that a day or Iwo before that time he had rerceiied'a draft from his brother for 1501.. The reason which was assigned for his not for his larger dividend on the day before stated was, that he was going to an auction in the city,. and did not wa n t the amount at that moment. The receipt of the 1501. from his brother was net (as stated) remembered by him at the time of . the trial, nor had his attention been previously called to it in the bill of discovery filed by the Bank. From all that appeared, it may be taken that on the sth of March, 1820, the plaintiff knew of the forgery committed upon him by his brother; but in the month of September, 1820, he transmitted a power of at torney to Messrs. Marsden and Co., stockbrokers, to receive dividendS upon 10,0001. three per cents:, -he -repre sented as standing in his name in the Bank of. England; and lie wrote to these gentlemen at the tithe, as if he was.elatirep• ignorant that any forgery hail been counnittr_d.e Oh akin ation to the Bank there was a refusal to pay, am allegation of the forgery ; and ultimately _came this action. On the sth March Colonel Davis, the brother, was in custody for the forgery on Messrs. Drummonds. Lady Davis, in her evidence, said, that at an interview between her sons in L4W INT 1 , 11,L1 CE. This Day was published, Price in boards, 4s.•the Fifth fiditiun (with an Explanatory Preface his Son) of _ COURT OF CHANCERY, Nov. 22. TIDE ATTORNEY-GENERAL V..TIIE SKINNERS' COMPANY. JIiDtiMENT. y ETTERS_of CONSOLATION and AD , .11 . 4 VICE, from a Father to his Daughter ou the Death of• leer Sister. By the late Rey. JELINGER SYMONS, B.D. , Of 'Hackney, Rector of 4Vliitburn, Durfiatit, &C. Printed for F.C.,and-J. Rivingron, No. 6:2, Saint Paul's Church-yard, and NO. 3, Waterloo Place, Pall Mall. Patterns of the Articles may &e viewed upon application to the respective Officers of the Ordnance is tke Royal Arsenal at Trcolwich, and further Particulars, together with the Terms and Conditions of the Contract, may be known at Me Saretary's Office, in Pall Mall aforesaid, any .day between the Hours of Ten and Four o'Ciock, where till banaz.al., must be deltvered,'sealed up, and endorsed "Prpposals for Boots and Spurs ;" but no Proposals can be admitted after the void 26th Instant, at Twelve o'Ciol at Noon of the same day ; Neither will any Tender be noticed, unless the Party making it, or an Agent in his behalf, shall attend. CONCORDANCE TO THE BIBLE.. - • This Day was published, Neatly printed in Quarto, on Medium Paper, price 4s. and on fine' lto?al Paper, price 75. ; also in One Volume Octavo, on Royal Paper, price in hoards, 83. CONCORDANCE to the HOLY BIBLE • to which is added A Geographical Index, with the Ca- lendar and Table. of •Lessons ; designed to. accompany any Quarto Edition of the Bible, and adapted to the Maps and Notes of the Family Bible; published under the Direction of the Society for Promoting Christian Knowledge. Illdited by JAMES W.,BELLAMY, M.A. Reetorof the united Parishes-of St. Mary, Alichurch, and St. Laurence., Pountney, and Prehendat v of St. Paul's. Printed for F. C. and J. Rivington, No. 62, St. .Paul's Church-yard, and No. 2, Waterloo-place, Pall Mall. Ws Lordship directed the costs to be pail out of the estates. DAVIS V. THE DUKE OF MARLBOROUGH. Mr. RAY moved that the report of the Master might be fermi back in Order to obtain a reduction of costs in - this cause. A bill had been filed by the plaintiff to recover the payment of an annuity granted by him to the defendant. His Lordship appointed a receiver to the estates, but it was afterwards disco vered that the estates could not be liable to the debt of the noble Duke, and his Lordship then directed that the defendant should repay the plaintiff the actual sum he had advanced, which was 6001. The defendant had complied with his Lordship's direc tion, and. paid ,the money. The Master who had taxed the costs had objected to several of the items, and the object of this application was to get those items reduced. Mr. HART, for the plaintiff, objected that the application *as irregular, in being made by motion instead of petition. The LORD-CHANCELLOR confirmed Mr. Hart's o'.jection, and dismissed the application with costs. By Order of the Board, R. 11..CRE11 7 , Seeretarv. FOR THE HIGHER CLASSES IN SCHOOLS.. This Day was published, In two large Volumes, Bvo. price, in boards, 11. 4s. the Eighth Edition, of FL.EMENTS of GENERAL KNOW LEDGE, introductory to useful Books in the principal Branches of Literature and Science. With Lists of the most approved Authors ; including the best Editions of the Clas sics. Designed chiefly for the Junior Students, in the Uni versities, and the higher Classes in the Schools. By HENRY KETT, B. D. Fellow of Trinity College, Oxford. Printed for KA:. and J. Rivingtou, No. 6.2, St. Paul's Church-yard, and No. 3, Watt!' 100-place, ; sold also by Itivingtons and Cochran, 148, Strand. OFFICE OF ORDNANCE, November 12, 1821.. - -+ THE PRINCIPAL OFFICERS of His MA JESTY'S ORDNriNcE do hereby give Notice, that Proposals will be received at their Office, in Pall-Mall, on or before Monday i _the 26th Instant, from such Persons as may be willing to undertake Me Supply of CANDLES for service -of this Department, Jri a period of One Year, determinable after the expiration of the first Year, upon notice of Three Months., at Me option of eitherparty. • Samples of the Candles may be viewed upon. application at the Principal Storekeeper's Office in the Tower, and farther• Particulars, together with tlw Terms - and Conditions of the Contract, may be known at the Secretary's Office, in Pall-Mall aforesaid, any day between the Hours of Ten and F "r 0 4lock, where the Proposals must be delivered sealed up, and endorsed "Proposals for Candles;" but no Pro posals can be admitted after the said 26th Instant, at Twelve o'Clock at Noon of the same - Day; neither will any Tender be noticed, unless the Party snaking it, or an dgent his behalf, shall attend. VICE-CHANCELLOR'S COURT, Nov. 22. COOL V. COLLINGRIDGE. Mr. HART argued this morning in support of the proposi tion, that a court of equity will interfere to order the sale of a property, which articles of agreement had prohibited to be sold, and directed to be divined among several parties, but which are in their nature incapable of division. The VICE-CHANCELLOR reserved his opinion till Monday. He would take the articles of copartnership in this case, and read them before Monday. His resent impression was, that the division in the articles was a division by conversion, and not as among tenants in common. He would give judgment on the whole question on Monday next. BISHOP TAYLOR'S PRAYERS. TI , Day was published, handsomely printed, in one Vo lume, Octavo, price, in boards, Bs. the Second Edition, of PRAYERS collected from the several Writ ings of JEREMY TAYLOR, Bishop of Down and Connor, adapted to the Family, the Closet, the Sacrament, &c. &c. • By the Reverend SAMUEL CLAPHAM, M.A. Vicar of Christ Church, Hants. COURT OF KING'S BENCH, N0v.22. THE KING V. THOS. GREGORY AND OTHERS. Printed for F. C. and 3. Rivington, No. 62;St. Paul's Church-yard, and No. 3, Waterloo-place, Pall-mall; sold also by-Itivingtons, and Cochran, I 48,Strand. Of whom may be had, published by the same Author, ' SERMONS selected and abridged, chiefly from minor Anthois, for each Sunday in the year; the Saints' Days, Festivals, Fasts, &c. In three large' Voluwes, price 11. 19s, in boards. The Sotrci T ox-GE NEitAL prayed the judgment of the Court on these defendants, nine in number, several of whom were respectable tradesmen of Cheltenham,_ and were convicted at the last Assizes for Gloucestershire of a riot in the town of Cheltenham, and of assaulting certain Excise Officers in the execution of their duty in seizing some window blinds in the shop of one of the defendants, which had net paid the Excise duty. Affidavits were put in on behalf of the defendants, in mitiga tion of punishment ; and, after hearing Counsel on both sides, the Court sentenced Thomas Gregory, Thomas Boucher, Da niel Boucher, Francis Rawlins, and William Rawlins, to 12 months imprisonmentin the House of Correction; Francis Raw lins to pay a fine of 501. ; Daniel Alder and John Alder to be imprisoned six months, the latter to pay a fine of 251.; and William Peachy and George Purk to be imprisoned for four months ; and all the defendants to enter into security for their good behaviour for three years. 81 / Order of the Board, R. H CREW", Secretary. PUBLICATIONS. ~„ P RESTON'S SHEPPARD'S TOUCHSTONE. 'lois day Was published, closely printed, price Its. Part V. Which completes the Work in 2 vols. royal Bro. T' IE TOUdIISTONE of • COMMON ° ASSURANCES; or, a Plain and Familiar Treatise • an Penin Z the Learning o f the Common Assurances or Convey es of the Kingdom. 'The By WILLIAM SHEPPARD, Esq. d By Edition, including all the Notes and Ad. tt icrnal References in the former Editions and in toe improved CoPY of EDWARD HILLIARD, E , q. Also, an En- Willem of the Text. &c. by the Addition of rations Cri "e'Lltis, Distinctions, &c. &c. and a copious Index. By RICHARD PR.ESTON, Esq. of the Inner Temple. * Gentlemen are requested to complete their Sets. to pre vent the disadvantage of their remaining imperfect. , Lo ndon : Pri n t e d f or J. an d IV. T. Clarke, Law Booksel a"si Portogal.str ee t, Lincoln's lun. ~11"4 This W o rk t rea t s o f a Fi ne —C ommon R ecov ery—of a ueed---of a Warranty— o f a Fetiffment—of a Bargain and leof a Gift— o f a G rant — o f an A ttornn : ent — o f a Lease— () a Feoffnaent Gift—Grant and Lease—of an Exchange— Z' a Surrend er — o f a Con fi rmation—of a Release—of a Sta. , s t : t e - . - -of an Obli ga ti on — o f a D e f easance — o f a Testament -. ah U se . ' 8 --A Sy %V llabus of the olk may be had Gratis of the -uoo N ksellers. This Day was published, P • llrice 3s ed. in boards, the Second Edition, of LAIN REMARKS on the FOUR GOS iidkPtedELs, for the tiene6 un tof instructed Persons, and to the Use of Schools and Families. • By the Rev. JAMES SLADE, M.A. , Vicar of Bolton, and Prebendary of Chester. 3 , a ' r rinted for F. C. and J. Rivington, Saint Paul's Church to and Waterloo-place, Pall-mall ; sold also by Riving and Cochran, 148, Strand. A . Of whom may be had, by the same Author, lisinotations on the Epistles, being a•Continuation of Mr. Pallers Annotations ou the Gospels and Acts, and princi designed for the Use of Candidates for Holy . Orders, 2 •Ris. 'vo• 16s. T, his day was published, in Six very large Volumes, Octavo, tled• price in boards, 34 12s. mated by permission to his Grace the Archbishop of Canterbury :—The Second Edition of C CLESIASTICAL BIOGRAPHY ; or Lil les of Erninent Men. connected with he History of 't al e:eo n in England, from the Commencement of the Refor ° the Revolution: , selected and illustrated with Notes. BY CHRISTOPHER WORDSWORTH, D. D. , Master of Trinity College, Cambridge. Cht; rnted , for F. C. and J. Rivington, No. 62, St. Paul's dls o r b c „a,rd; and , No. 3, ‘Vaterloo-place, Pall-mall : sold Y Itivingtons and Cochran, 148, Strand. Sermons TwoVolumes, Octavo, price inboards, I Rs. . • T hi3 Day were publii.hed, in Two Volumes, Octavo, with a Portrait, price 11. Is: inboards, EMOIRS of the LIFE and WRITINGS l ii _ t of the Right Rev. BRIAN WALTON, D.D. Lord 11;;,;_ ° P of Chester, Editor of the London polyglot Bible f . t , 9._ Nrices of his Coadjutors in that Illustrious Work ; o cuedei_Cultiration of Oriental Learning in this Country, I?Fe verng and during-their time; and of the Authorised . English V al ." of the Bible, to a projected Revision of which . Dr. I ,, i _'''orl and T o of his Assistants in the Polyglot were of t?ted. To which is added, Dr. Walton's own Vindication b ftio London Polyglot. Cl' -Plain the Rev. HENRY JOHN TODD, M.A., F.S.A., - P' 4 in in Ordinary to his Majesty. and Rector of Sewing- Pri n . , ton, County of York. __ ... ",,„ f St. Paul's `Tili t - tii ... °T . P. C. and J. Rivington, No. "2' • pa Lo i , sydrd ; and No. 3, Waterlo•-place, Pall-anal ; d , °Cta ", Hurst, Rees, Ortne, and Brown, Paternoster-row . This Day was published, in Two large closely printed Vols. in Octavo, price in boards, ii. 45., a New Edition, being the Third, of THE SCHOLAR ARMED against the ER RORS of the TIME; or, a Collection of Tracts on the Principles and Evidences of Christianity, the Constitution of the Church, and the Authority of Civil Government.- The whole intended for the Information and Assistance of Young Students in our Schools and Universities; and published originally by a Society for the Reformation of Principles. Printed for F. C. and J. Rirington, No. St. Paul's Church-yard ; and No. 3, Waterloo-place, Pall-mall : sold also by Riviugtons and Cochran, 148, Strand. RECENT EXECUTION. [From " THE TIMES" of Nov. 22.] 'We are requested by a highly respectable cor respondent to insert the following observa tions : Five of the unfortunate persons who suffered yesterday were under '26 years of age. Considerable exertions were used to save the lives of two of those young men, but without avail.— Several of the most respectable Bankers in London signed a petition in favour of Ellis. One circumstance attending the case of this youth is peculiar. It appears that his fa'her, ob serving the irregularity of his conduct, and suspecting that he was concerned in the circulation of forged notes, was induced, in order to stop his career, to give the information to the Bank which led to his apprehension. He made; however, no stipu lotion that his son should be secured from the penalty of death ; •and the Bank refused to allow him to plead guilty to the minor offence. Ellis was educated at St. Paul's School, and his literary attainments were respectable. So affected was he on hearing the condemned sermon, that he fainted. Another of the sufferers, Cadman, sustained until lately an excellent cha racter. His talents were considerable. He had served and been severely wounded in the service of his country, and was seduced to the commission of crime by the pressure of distress, arising from the want of employment. When he committed the crime for which he hai suffered, his wife lay dangerously ill, and he had not the means of procuring for her the common necessaries of life. He conducted himself, after the order for execution had arrived, with becoming firmness : and he would have been per fectly resigned, had not his reflections been imbittered by the recollection that he was about to suffer the severest sentence of the law, while many notorious offenders, after a long career of guilt, had been permitted to escape. But for this consideration, he said, he could have borne his doom with tranquill t. Is it not strangethat the lenity which has hitherto been ext ,nded to the utterers of forged Denk-notes should now be withheld, and especially, in the present instance, from one so young, previ ously so respectable, urged and seduced by circumstances so peculiar, and so unpractised in transactions of this nature, and after a learned Judge had declared that the recommendation of his case for mercy by the Jury should receive consideration ? But these are a few only of the anomalies arising from penalties of excessive severity. It is, indeed, unaccountahle that enact ments so sanguinary in their character should continue to be rigorously enforced, when they have been found to fail in their intended effect, when it is evident that crime is increasing under them, and when their execution is revolting to the best feelings and interests of the community. The public opinion on the 1 inhumanity, inefficacy, and impolicv of capital punishments, has been decidedly expressed during'the last session of Parlia ment by the numerous petitions which were sent up from all parts ( f the kingdom for the amelioration of the criminal laws. These petitions were signed by persons of the highest respecta bility, and of various professions. Bankers, who are the most interested in the suppression of forgeries, joined in the protest, and the House of Commons itself assented, by three distinct majorities, to the principle urged by the petitioners. These remarks have arisen from the awful scene which was yesterday exhibited, and from the affecting consideration that five more person's are sentenced to suffer 9n Tuesday zest. • Thus, unless the intercessions of humanity prevail, will one scaffold witness the dying convulsions of thirteen human beings in the short space of one week ! It is earnestly hoped, how ever, that compassion will be extended on behalf of those whose remaining days have been numbered. It is the duty of every one to exert himself to the utmo s t t o save t h e lif e o f a fellow creature. Timidity in such cases is a criminal dereliction of duty ; for no man, however private his station, can foresee the extent of the benefits' which his individeal exertions may pro duce. Let no One delude himself with the impression that others are engaged in that course which his own feelings dic tate to be his duty, lest he should find, too late, that human life has been sacrificed through his supineness and indifference. • • One of these; Joseph" t-_;outh, aged sixteen, is ibr uttering , forged B a nk of E ng l an d note , an d was recommended to aerey on his trial I • The Lona CHASCELLOII a4tail, that in this cause an infor f mation had been originally MO by the Attorney-General, which stated that in the 7th year _of' the reign of Edward VI., - Sir Andre* Judd obtained a tarter froni the King to found a free grammar school at Tunbrielge,„jn the comity of Kent, for the children of that town and the neighbouring villages ; and that Sir A. Judd purchased from two persons, named Gates and Thorogood, divers lands and tenements, situate in 'the parishes of St. Pancras and All Saints, yielding an annual rent of 301. for the maintenance of the said school. Here he raight observe, that the importance of the question in point of value arose from the circumstance, that the estate at _St. Pancras, Which formerly consisted of sand hills, had recently been covered with buildings, and becoMe a valuable property. The information farther stated, that. Judd, in. his life-time, pub lished certain rules and ordinances for thagovernment of the school. It might be material to read part of those rules. They directed that the master and wardens of the Skinners' Cons ' Pany, who, according to the charter, were to become the go vernors of the school after the death of Ju.dtl should pay the master of the school an annual salary of 201. and the usher an annual salary of 81., out of the rents of the estates held in trust for the benefit of the school. If any surplus rents should re main after the salaries of the teachers at the school were paid, theanaster and wardens of the Company were directed to em ploy them in reparations of the school, and the tenements form ing part of the trust estates. These rules having been made, the information went on to state, that Judd made a will, dated the 2d of September, 1558, being before the statute of the 43d of Elizabeth was passed. • By this will Judd devised the estates purchased from Gates and Thorogood, in the parishes of St. Pancras and All Saints, together with other estates in other places, yielding altogether an annual rent of 62L 3s. 4d., to the master and wardens of the Skinners' Company. Judd then proceeded in his will to make a declaration of trust, if it might be so called. He willed that the master and - wardens of the Company should pay out of the rents of the devised estates 20L to the master, and 81. to the usher of the school. Ile nex t directed that the master and wardens of the Company should ride once every year to the school, to see that themastera and scholars fulfilled their respective duties, for which service they (the master and wardens) were to take 101. annually out of the rents. He farther directed that the master and wardens of the Company shoUld pay to six poor alms-men in the alms-houses of-the testator, in the parish of St. Helen's, the weekly sum of four shillings each. His Lordship here observed, that in the Acts of Parliament. to which he was about presently to refer, no mention was made of those alms-men as de riving any benefit from the property of Judd. The testa; for finally willed, that if any surplus rents should exist after the payment of the bequests before recited, they should be employed in needful reparations of the school and of the estates generally ; and if any overplus should remain after that,. it should go to the use and behalf of the master and wardens of the Company, to be ordered and disposed of at their will and pleasure. A question might ezise on that last clause of the will, supposing it to be a valid instru ment, namely, whether the testator intended the overplus to be employed by the master and wardens for their own benefit, or for the benefit of the Company generally, or in support of som e charities. ' It was next declared by the information, that after the death of Judd, a person named Fisher, whom Judd had constituted joint tenant in fee with himself in the estates pur chased from Gates and Thorogood, conveyed these estates to the Skinners' Company. After alleging that the Skinners' Company had received, and still received, the rents - arising from all the estates devised by Judd's will, the information prayed__ first, that it might be declared that the rents of the estates pur chased from Gates and Thorogood, and conveyed to the Skin ners' CoMpany by Fisher, were vested - in the Company for the support of the Tunbridge School ; secondly, that it might be declared that all the estates devised to the Company byJudd, exclusive of those purchased from Gates and Thorogood, were vested in the Company for the support of Tunbridge School, subject to the appointment of a portion of the rents among the poor alms-men, and to the other uses mentioned in the will; and, thirdly, that it might be referred to the Master to take an account of the rents and profits arising from the estates before mentioned, with a view to make the Company answerable for any improper application of them. His Lordship said he col lected from the information, that the informants considered the estates bought by-Judd from Gates and Thorogood, and con veyed by Fisher to the Skinners' Company, to be distinguished from the other estates devised by the will. The information was argued before the Vice-Chancellor, and his Honour, in his de cree, declared that the estates purchased from Gates and 'rho .rogood, mentioned in the Acts of Parliament of the 14th and 31st of Elizabeth, were vested in the master and wardens of the Skinners' Company, in their corporate charaeter of gover nors of the Tunbridge School, not under the will of Judd, but in consequence of a previous trust reposed by Judd in Fisher, and according to the intention of the charter of Edw. VI. The decree then directed, that the Master should take ail account of the rents of all the estates since the filing of the information, and form a scheme for the future application of them. The decree of the Vice-Chancellor, as well as the complaint, recogniz e d the paper which Judd called his will to be a will. He supposed that that character was attributed to it under the 43d of Eliza beth. that was the case, it was evident there must havebeen a long period dining which the will was inoperative, because upon comparing dates it would be seen that the Act of the 43d of Elizabeth was not passed till 'a great many years after the execution of the will. Those who contended that the will was rendered valid by the retrospective operation of the 43d of Eli zabeth, were supported in their argument by many determina tions at law. The great point in dispute was whether the title to the estates purchased from Gates and Thorogood was to be taken under the paper called the will, rendered operative by the" statute of the 43d of Elizabeth, or whether it was taken for cer tain purposes of trust not named in the will. The Vice-Chan= cellor had been of opinion that the estates which Judd intended to dispose of by the paper called his will were not in his power to dispose of, not merely because he ,gave them to a body which in its corporate capacity could not take, but because there was an inability in Judd himself to grant' them. The decree turned on that point, and the Vice-Chancellor decided that the title to the estate was out of Judd by reason of acts done by him prior to the time he made his will. The circumstance of the inability of Judd to grant the estate was extremely important, because all the decisions in favour, of devises under the Act of the 4311 of Elizabeth proceeded upon the supposition that there was abi lity in the testator to rant. A bequest by a person unable to grant must be considered in the same light as a deed executed by an infant. It was a task of great diMeulty to decide the question whether Judd was or was not able to grant the estat e : at the time he made his will. He might be liable to error the decision to which he should come, but he would found his conclusion upon a careful investigation of all the facts which bore upon the question. In the view which he took of the question, he did not feel himself called up on t o d ec id e w h et h er or not the other estates devised by Judd, exclusive of the Pan cras and All Saints estates, could be taken by the Company un der the will by virtue of the 43d of Elizabeth. The construc tion which had been put upon that Act appeared to be a very ex traordinary one. It seemed very strange that the effect of that Act should be to give validity to gifts and devises before inva lid, when the Act itself only provided for the appointment of Commissioners to inquire concerning gifti which ought to be presumed to be good. He doubted much whether the paper called the will might not be considered a goo d declaration of trust. But the real question to be decided was, whether Judd had not appropriated the estates purchased from Gatesand Tho rogooti to some specific trust before the date of his will. In order to obtain evidence of this facali e was compelled to resort to the two Acts of Parliament upon which so much and such ingenious criti cism had been made by the different Counsel engaged in the cause, but particularly by Mr. Heald. Those Acts ought td be viewed net only, as legislative enactments, but also as the declarations of the Skinners' Company, and' the school who were parties to them. The obtaining of the acts was a transaction between the Company, the BchoOl, and Fisher, none, of which parties could be ignorant that the will was in existence. Both the Acts of the 14th and.3lst of Elizabeth expressly stated, that the estates purchased from Gates and Thorogood were conveyed to the Company for the support of the school, and for no other pur pose whatever. It was impossible to account for the passing of supposition that aotnwthh;ever might have the Acts p a e T o t n i e t a i s c n o i n n c g e r th n a c d t d w e e c r l a e r c a o t inovnem convinced e t e. h s been the operation of the will of Judd with respect to the other estates, yet, with respect to the estates purchased from Gates and Thorogood, there had bc,n some previous trusts which pre vented then), from being affected by the will. The fact that the Company had taken he other estates was an argument against them with respect to the estates; for why, it they THE KING V. MILLIS AND ANOTHER. On the motion of the SOLICITOR-GENERAL, these defend ants, William Millis and Richard Lowe, who were convicted at the last Assizes for Berkshire, of a riot and assault upon David Deadman and Thomas Pike, who had been witnesses in an Exchequer suit for smuggling, were sentenced to four months' imprisonment in Reading gaol, and Millis was ordered to pay a fine of SOL, and both defendants were required to give security for their good behaviour for three yeari. THE KING V. JOHN WATSON AND OTHERS. These defendants, John Watson, Richard Grear, and John AP:Mahon, were brought up to receive the sentence of the Court, having been convicted, at the last Assiies for Lanca shire, of assaulting two Excise officers, in the execution of their duty, at Liverpool. They were sentenced to pay a fine of hOl. each, and to be imprisoned for one month in the Middlesex house of Correction. THE KING V. JONES. This was an application made by Colonel Bayley against the Marshal of the King's Bench prison. _ _ . Mr. COOPER, stating that Mr. Campbell, on the other side, consented, obtained leave to bring the matter on as a motion. INNS OF COURT. Mr.MARRYAT T moved for a rule to chew cause why a man damus should not be directed to certain Magistrates, command ing them to issue warrants of distress to the inhabitants of Lion's-inn to compel them to pay their portion of the tax f or watchini , the parish. He stated, that the inhabitants of th e Inn employed their own watchmen, and shut their gates at night, though they were obliged by Act of Parliament to suh scribe to the pang s ' watch. Some steps had been already taken to enforce payment, but upon a hearing before two Magistrates the cause was given against the parish. After this decision the Magistrates refuk4 to take any more steps, and there was, therefore, no other course left but an application to this Court to compel them to do their duty. The COURT said that they could not issue a mandamus to the Magistrates, to compel them to do an act which, if it was illegal, would be no protection for them in an action of da mages. The Court would never issue its order in any case that was likely to lead to injustice. All they could do was to order the Magistrates to hear the parties, and that they had al ready done ; but they could not direct them to issue summonses which would be in effect executions of their own judgments. If any two Magistrates declined interfering, their - Lordships directed an application to other Magistrates. The Court would not interfere. TILE KING V. RIDGWAY. As the Court was about to rise, Mr. TYNDALL applied to have this cause come on as a common motion, and not in itx. place in the Crown paper. The Learned Counsel stated, that it was a rule Nisi obtained for a new trial, and being had upon affidavits alone, ought not to have been set down in the Crown paper.—The Court granted the application. COURT OF COMMON PLEAS, Nov. 22. DAVIS V. TIIE BANK OF ENGLAND. Lord Chief Justice DALLAS said, that in this case Horatio Davis, Esq., was the plaintiff; and the Governor and Company of the Bank of England were the defendants ; and thedeclaration stated, that the plaintiff had deposited in his own name in the public books of the Bank, 10,0001. in the 3 per cents ; that the defendants had, on the 12th of October, 1819, and on the 16th of November following, suffered the said stock to be transferred in two sums of 5,0001. each, from the plaintifF's name in their public books without his knowledge or authority. The decla ration also stated the transfer in the same manner of some small property of the plaintiff in the 75 per cent. long annuities.— The damages were laid at 15,0001. The .Attornits at each side agreed upon the following ad missions :—That on the 26th of May, 1819, the plaintiff had duly purchased and entered in the Bank books. two sums of 5,0001. consolidated Bank Annuities ; that on the sth of July following, the dividends upon the said stock were duly teceivcd by hirh.; that he.had received no subsequent dividend from the Bank ; and that no part of the said sum of 10,0001 3 per cents. now s cod in his name in the Looks, it having been transferred; 5,0001. on the I2th of October, 1819, by a power of attorney to Messrs. Drummonds, bearirte; date. the 6th of that month;. and, on the 16th of November, the remaining 5,0001 was transferred by a power of attorney to the same banking-house ; that on the 30th September, 1820, theplaintiff demanded of the Bank the dividends upon the said stock subsequent to the receipt of his former dividend on the sth of July, 1819, and that the defend ants had refused payment thereof. The plaintiff insisted that to the .. said powers of attorney the sign a ture was a forgery. The Chief Justice, after this' preliminary statement of the facts of the case, proceeded to read his notes of the trial at Guildhall, in which a verdict was given for-the defendants. The first wit ness was Lady Davis, and she proved that her name to the at testation of the power of attorney was a forgery. It also ap peared from the, evidence, that on the 3d of March, 1320, John the Poultry prison, souse conversation took place 'about the for gery on the Bank ; but of the fact she could not speak with cer - tainty, - nor indeed could any peaticularity have - been expectal from her Ladyship, owing to her ayitation when the conversa tion in the prison was alluded to, and also, indeed,_On the trial. But, adverting to the-plaintiff's answer to the bill filed by the Bank, it would be found that he there denied all knowledge of the forgery, until he obtained information thereof from Messrs. Marsden at the time he transmitted.. to them the power of at torney. There was at-the trial some evidence to show as far zs this—that in the prison a conversation like the foliowiag took place between the plaintiff and his brother Colonel Davis —" You are charged in, a strong 'manner with committing a forgery : have you done any thing with my property or any part of it ?"—" Yes, I have," was said to be the answer; " I have taken 10,0001. Consolidated Annuities, and 75 per cent. of the long Annuities."—" Then you have indeed 'beg gared me," was the reply. There the conversation ended.— Some letters were also given in evidence, one Of the nth March, two days after this conversation with the brother in prison, written by the plaintiff to Messrs. Drunimonds, the object of producing which was to skew that theplaintilThad then a antiv., ledge of the forgery. In the letter were these words :—" By what has happened my prospects are blasted, and a great par,. of my fortune irretrievably lost." The objectof this letter was to implere compassion for hisbrother, who was then in custody. In the answer of the plaintiff to the inference raised upon this letter, he said that the expressions referred, not to this forgery on the Bank, but to certain securities and loans in which he had become involtred for his brother. The Chief-Justice then stated, that in summing up the whole case to the Jury, he bad observed; that if there was a wilful suppression of the knowledge of the forgery for any un reasonable time after its discovery, such a suppreSsion wortM implicate the party making it, either in a knowledge of the for, fiery at the time, or an acquiescence in it subsequently, so far as to preclude his right of recovery. The Jury': thoug,ht that the plaintiff had precluded himself from taking his right, and had given their verdict against him accordingly. . During the.present term, the plaintiff had obtained a rule to shew cause why a new"trial should not be had, on the groubd that he was taken by surprisein the proof of his receiving, a a particular time, 1501. from his brother, a circumstance which greatly influenced the Jury, but which he was now preparrd satisfactorily to explain away. Mr. Sergeant BOSANQUET rose to shew cause against this rule, It was not contended that there was upon general ciples any reason to find fault with - the verdict; but that the plaintiff had been at the trial taken by surprise upon wpardcular fact, which was his having received 1501. on the] lth of Jan., by means of a drafrpaid on his account to his Bankers, Messrs. Cox and Co., by his brother. That fact could cc t have been inserted in the bill of discovery filed by the Bank, for he had Mr. Freshfield's affidavit to shew that the defend ants did not know it until three days before the trial. The plain tiff, it would be recollected, had distinctly denied receiving any sums of money front his brother directly or indirectly since the first transfer of the stock had taken place. It being of great moment to trace any money transactions which happened be tween the brothers at that period, it was soon found on investf.- gation that the plaintiff's declaration was incorrect ; for upen reference to the bankers of Mr. Horatia Davis, the plaintiff, it was found that two sums of 801. and 1501. had been paid touts account by a draft from his brother-1;m the 11th of January: The moment this fact was ascertained, Mr. Freshfidd gave notice to the plaintiff' to produce at the trial his bankers pas,l-bOok between the Ist of October, 1819, and the 10th of July, 1820 ;so that he was clearly apprized heft - ire the trial, tun: his bankers' account within the period sTecified would be come the subject of inquiry; and yet he now canto 6 r _ ward and said, that he was taken by.surprise when, at tire trial, an item in that account was produceA before him ; but in dependent of that timely notice, the length 'of-the trial enablcd him, if he pleased, to have explained the transaction, for he was in the vicinity of Guildhall at the time. He had, therefore, quite disentitled himself from Tutting in any claim of surpris,a His Counsel (Mr. Sergeant Lens) had commented upon 6c fact at the trial : he had never offered, indeed, to explain away, as was new attempted, but had submitted that the plaintiff s brother might have amid in the sum mentioned to his bankers, without apprizing his brother in any way of the fact. Lady Davis, who might, if the account were correct, have exp Lined it, was never asked' upon the subject. Mr. Serjeant'Oxstow—" You must recollect she was per mitted, from her distressing situation, to leave the Court." Mr. Sergeant PELL admitted that to have been the case, but still urged that she might easily have been recalled to support such an explanation about housekeeping accounts as was now attempted to be put upon the 1501. Besides the 1501. there was the sum of 801. which had passed from J. H. Davis to his brother, and which remained altogether uritcuelied upon; and this, after the latter had distinctly declared he had received no sums of money from his brother at the Particular- period when the occurrence took place. He must contend that there was no ground of surprise in the .case ; and as to the general facts, he thought it was clear the plaintiff, from the conversation with his brother on the sth of March, had then at least, if not before, known of the forgery ; and it was equally clear he niade no communication upon the .subject to the Bank until the September following, when he received the refusal of the Bank to pay the dividends to Messrs. Mars den and Co..npon his power of attorney. t Here Lord Chief Justice DALLAS read from his notes the letter written by the plaintiff to Messrs. Marsden, with the power of attorney to receive his dividends upon the 10,0001. 3 p: r cents. and assigning at the time his mother Lady Davis's illness in the country, as the reason he was unable to collie up to town, and receive the dividends himself.] Mr. Sergeant BOSANQUET concluded by observing, that he Should abstain from going further in this case than was abso lutely necessary for the purpose of resisting this rule. Mr. Sergeant TADDY rose at the same side, when Chief- Justice DALLAS inquired whether his observations were likely to occupy any length of time, as if so, the late period of the day would preclude the Court from hearing him. Mr. Sergeant TADDY replied, that he should not detain the Court many minutes. He then merely urged that the fact of surprise upon which the motion for a new trial was grounded, was quite inconsistent with the whole of the facts disclosed on the trial. Mr. Sergeant LAwEs merely repeated the same observation. The Court then adjourned the further hearing of the rul.2, and intimated that Mr. Sergeant Lens could be heard in reply to-morrow. Last .Tuesday another X 30,000 was sold in Shares by CARROLL. No. 11,486 was the lucky Ticket, and the fortunate holders may receive their Money on demand. 'lbis reminds us that the very last "30.„000 Consols was sold by CAR.* ROLL; and it is confidently anticipated that; as CARROLL is so peculiarly fortunate in sellia; £30,000 Prizes, that another will also be so;:i by him, before the close of the present Lottery, at his fortunate. Offices, 19, CORMULL, and '2(i, OXFORD•STREET. CLERGY ORPHAN CORPORAT,ION, St. John's Wood, Mary-le-hone. • Patron—THE KING. l'tesideut—The Right Honourable and Right Reverend the Lord Bishop of LONDON. • . Viee-President—The Right Hnn. Lord KENYON. QUARTERLY GENERAL MEETING • of this INCORPORATED SOCIETY fur CLOTH NIAINTAINING, and EDUCATING POOR ORPHAN of CLERGYMEN of . the ESTABLISHED it l3l / 4 , I tCH of ENGLAND, until of AGE .to be put AP vElt—NTIc_E, will be holden at the FREEMASONS"IA THITHI,,,,kireat Queen-street, Lincoln's Inn-fields, on aft er ' — ""AY NEXT, the 29th inst. at Two o'Clock in the Int, n ,„"n - precisely, for the purpose of ELECTING CHIL '"I into the SCHOOLS, and on other Special Affairs. J. B. MORGAN, Sec.