The British Press; or, Morning Literary Advertiser.
London, England, 1824-11-18 00:00:00

C.iSE.

" fith Geo. IV. tap. 83. be it further enacted, that
every person breaking or escaing out of any place of legal confine-
ment, before the expiration of the tarn for alitch or she shalt
have beet committed or ordered to be confined by virtue of this
Act; every person committing any acne against this Act, which
shall subject hint or her to be dealt wits. as a rogue and vagabond.
such person having been at some former time adjudged so to be,
and duly convi •tcd thereof; and every person apprehended as a
rogue acid vagabond. anti violently resisting any constable or other
peace-officer so appreltcntliag hint or her, and being subsequently
convicted of the offence for which he or she shall have been so ap-
prehended, shall be deemed an incorrigible rogue within the true
intent and meaning of this Act ; and it shall be lawful for any Jus-
, tine of the Peace to commit such offender (being thereof. convicted
before him by the confession of such offender, or by the evidence
on oath of one or more credible witness or witnesses) tote House
of Correction, there to -entain until the next General or Quarter
Sessions of the Peace ; and every such offender who shall be so
committed to the (louse of Correction shall be there kept to hard
' labour during the period of his or her imprisonment."
" In submitting the above recited section tar the Attorney-Ge-
naafi' opinion. his attention is particularly directed to the sehtence,
such person having been at solute former time adjudged a rogue
and vagabond, and duly convicted thereof,' whether, under ouch
former conviction, and a repetition of offence against this Act, it is
to be inferred that such offender conies under the denomination of
an incorrigible rogue and vagabond, and be dealt with according to
the provisions of this Act?'

OPINION.
" I am of opinion, that a person convicted of anrorence under
the new Vagrant Act, which shall subject him to be dealt with as a
rogue and vagabond tinder any former AC of Parliament, thereby
becomes an incorrig.ble rogue. within the Sth (,co. IV. c. 83, and
is subject tG be punished as such.
(Ng:led) •` J. S. COPLEY, Sergeant's Inn."
- - - - - -

. -
From the above it is evident that offences against former
Acts are provided for by this; and the high legal opinion
now given has relieved the Magistrates from much embar-
rassment in the discharge of their judicial duties, a circum-
stance, which, from its frequent occurrence, gave an oppor-
tunity of escaping punishment to many notorious offenders.
- -

EXCISE P:IPEK, Sc. DUTIES.
By a late Act George IV., amp. 35) the duties on
paper and paper hangings will cease on the sth of January
next, from which date the duties payable on the like ar-
ticles in Great Britain will commence, which ditties be-
come chargeable by weight or measure, without reference
to the engine.... .

Licences will be required to authorise the exercising of
those trades, according to the following rates :
For every Maker of Paper or Pasteboard 4:4 l British Cotten
e,.
For ever Paper *tamer - . 4
The traders will be severally subject to the regulations
and restrictions in conducting their business, to which the
like traders in Engknid are subject.
Before any licence shall be granted, the traders must
make entry in writing at the Custom-house, of their names,
piaci of abode, and of every mill, and every room, place,
tic. used, or intended to he used, for making, drying, or
keeping paper, and materials fur making the same, and all
vats, premises, utensils, and vessels tube used, and must
in every such entry distinguish every such mill, utensil, Sic.
by a particular letter or number, to be painted ins large and
distinct character upon some convenient and conspicuous
part of every building, mill, room, and utensil. Every
papermaker should have the Act referred to fur his go-
vcrnment.—Dublin Paper.

MURDER AT MILSTHORP.--MILNT/lORr, Nov. 14.
Several individuals have been taken up on suspicion, but
as yet the real perpetrators have escaped detection. Mr.
Lavender, the active Deputy-Constable of Manchester, is
now making strict investigation into the circumstances;
and from the known vigilance and skill of that officer, it is
to be hoped that the parties implicated will ere long be
brought to justice. _ _

A unactovii Br tic ARY.—lnformation was given at
Lambeth-street office, that on Monday night the premises
belongirg to Mr. Carter, (one of the Society of Friends) a
carpenter and builder, tituated in Irish-row, Initechapel,
had been entered by thieves, and the panel of a store-room
door, in which was deposited nearly 101. in halfpence, made
up in cartridges of Ss. each, was cut through. and the
money, with other articles, taken therefrom. On the re-
maining part of the door which they broke through was
written in large characters, with chalk,
31It. ESQ.
Dear Friend,—Nee thenk E tor this small favour, there are
three of us in the gang, catch us if y,,u can.
Mt: I. A SCII OLY ACCIDENT.—T wo men, and three horses
belonging to Mr. Simpson of Nottingham, were drowned
on Sunday morning the Tth instant, at a turn of the river
near Stoke, when in the act of haling craft from Newark
to Nottingham. The late Hood washed down part of the
bank, which had been since mended ; but owing to the
river heiug again swollen, the bank, it is supposed, gave
way with the horses and riders. The men in the bo.tt,
from the winding of the river and the interception of some
willows, did not immediately observe the accident. The
water was very deep, and some time elapsed before the
bodies were got out.
A melancholy accident occurred at Clenchwarton on
Tuesday last. *A fine boy, about six years of are, son of
the Rev. Mr. Coldfrapp, of that place, hail been per-
mitted to play in the church-yard, 1, hich being completely
enclosed, was considered a place of safety. The child,
however, got out into the ,ttarden, and fill into a pond,
where he was discovered by a labourer's seeing his bat
afloat on the surface ; the body was directly taken up, and
every means of resuscitation were resorted to by the meth-
! cal attendants, but the vital spark was fled for ever.

• ,
I NQI, EST AT NE IV-MA TO N.—On TUCEllay last, Eliza-
beth Hobson, a pauper, aged about twenty-eight years,
who had laboured under a severe disorder fur some weeks,
during the latter part of which time, " the world was all
before her where to choose her place of rest," was removed
from Farlington, in a very distressed and dying state, to
Sheriff-Hutton, and thence, without any legal process, to
New-31alton. On her bring conveyed to the poor-house,
she presented a most horrible spectacle, and, notwithstand-
ing all that medical and other aid could administer, she
died early on Sunday morning. On the slay following, an
inquest was held on the body, at the house of Mr. Thomas
Sorehead, the Crown and Anchor Inn, in New-Mahon,
before Thomas Harrison. Esq., the (orsiner for the North
Biding, when, after a long and impartial investigation, the
Jury returned the following verdict:—" Died, labouring
under a dtarrinra, accelerated by being removed from
Sheriff-liutton in an inhuman manner." At this moment
any continent would be highly improper; but our corres-
pondent cannot avoid remarking, that, however ignorant
and barbarous the 11:-adten world abroad may be repre-
s.mted, we are not without several, even in this enlightened
Isle, who are greatly their inforiota in the observance of
the nobler duties of Christianity.—York Currant.
CO M, NE a S !NW(' E ,;r.—An Inquest was held yesterday,
at the sign of the London Spa, Exmouth-street, elerkenwell,
before Thomas Stirling, Esq. Coroner for Middlesex, on the body
of 3lr. Samuel Dania. It appeared that the deceased was a
widower. between fifty and sixty years of age, and occupied a house
iti Middleton-street, Spalields- Ile was a silversmith by trade,
and touch respected by his neighbours. 11:1 Sunday night he went
to bed in perfect health, and about ten o'clock net morning tout
getting up at his usual time) he was found in bed, part in
and part out, a lifeless corpse. There were to marksuf tiole•ice
on the body, and from the evidence adduced, thoJ,:ry returned a
verdict, " Died by the visitation of (MI"

LAW 11VTELI.IGENCE.

COURT OF CHANCERY, WEDNESDAY, Nov. 17.

GARRICK AND LORD CAMDEN.
This HIM a mere question of costs, which it ASS insisted by
Mr. Eimer, upon the part of Mrs. Payne, one of the devisees of
the lite Mt. Peter Garrick, should be paid by sir. Hugh Bayley,
the toting trustee, who did not obey • decree of the Ince-Chan-
' cellor in making a transfer of the sum of 407.31. into the office of
the :lecountant-General.
Mr. PEPTS contended that the mutton was the effect of splay
and ill will; and Mr. Bayley had no right wherever to be saddle,/
with the Mats of the transaction. The confusion on the use was
owing to the length of time the Ince Ain:. Garrick sourvived her
husband, and in consequence of her having a life interest in part ut
the rotate. ioontions of the property of David Genef, the anginal
acquirer of the estate, was nut administered to. With respect to th:
artier of transfer at the time it was holed the property had beet.
tearoamed by Mr. Bayley. .
The le 111) CHANCELLOR thought there were t*o questions in.
volven in the case—Whaher. previous to the transfer. the stone
came properly into the fiends of 31r. WAVIey ; and whether, pubes-
quently, any impreper expenses had been incurred ? It was easy
to procure affidavits respecting these motets. They may be sub-
mitted twitim. and he would give judgment oo Saturday.
fX Tiii: X TTTTT OF minons 11•NERVI'Ve PETITION.
Mr. 310/ croon, for the petitioners, stated in this case the peti-
tioners, who were bankrfbts, had been opposed in obtaining their
certificate by Aldus. Bingham and Iloply, and that a box con-
taining bin books, notes, letters ond docummts, &locoing tbe na-
ture of the nonnectioes of the petitioners with these person", and
the inspection of which was bighly necessary for many purposes.
was in the
The
of Mr. Bingham, to which petitioners prayed
acmes. The Learned bentintien read a letter addressed by one of
the petitioners to Mr. Winifred Parkins, the co-assignee, in which
he detailed the vidue and importance to the other creditor. of the
documents contained in the box. They would chew. the virile,
said, that It was to the nature of the connection with Bingham and
Hoply, and to the mode of doing business, that his albumen
runts were owing, and by which his ruin was careed. Ile (Mr.
was sure the credime had no right to detain these doeumenti.
The papers were, however, withheld by the detaining creditor, and
of the transaction complaint was made to Ale. Parkins, the co.
assignee. Nor was this all: petitioner's Solicitor was removed,
and was succeeded by Dlr. Rinkeenan. the private Solicitor of thus
very creditors. In addition to the amptents to the wesignee• the
the petitioner, laid before Mr. rarkins the opinion of Mr. Rose.
It wu unnecessary for him to remind those who knew this Learned
Gentleman how sound his opthions were on all matters appertain-
ing to bankruptcy ; sop it was nut io be wortdered at that the opi-
nion was not acted upon, as. !f at were, the sum of 8.11001. should
be refunded by litiogltarp and lloply, fee the benefit of the genera/
kneditors. In the postession of this sum they were protected by them
own Solicitor, who acted for the Commission. A few days after
Mr. Heileman had Xi interview with the petitioners.at their house,
and behaved in the moot insulting manner, and asked for the nature
of their accounts with Bingham slid
°Haply. They gave a written
statement of their derlings ; they pnrcaased eine, 'gonna, ace., ow
account, sometimes on credit for two. four, and six months, by dis-
counts end acceptances. This mode efdnling became very beery.
The dissounts were heavy : they wen compelled to buy parcels,
for the purpose of accommodation. Petitioners expostulated opt
such a mode or proceeding, and were threatened with legal printed.
ings for the recovery of what wax already due, if they did not con-
tinue. Under this fear, they did buy wine and volts at such a
rate that they could not sell them for prime cost ; and when they
were pressed by this mode ofproceedirg, they bought at beans
discounts and sold at short prices, for the purpose of making pay-
ments. The particulars of these trannsetiens would be site be
the papers which 31r. Ming' am had in his pessereitm. Insert it
was recollected bow much doe untioninate bankrupt was In ther
power of a great crednor under the t Outionesion ; when the Solicits*
of the Commission was also the private elicitor of the creditors, it
must be admitted that the peritiener hal acted a bold pan,'f a
statement of the truth could be called bold. He apprised this very
Solicitor of the necessity of instituting an inquiry Into the business,
and that the papers and 'documents in the box would explain the
nature of all the proceedings. The learned Gentleman read other
letters or the Abbots, complaining of the want of materials to make
the necessary communications, n:c. One fact was, that for wee
1001. petitioners hid discounted, they should purchase a pipe of
wine. He was not acquainted well the price of a pipe of wine, it
must be 701. or PAL, and this upon 100/. would be high indeed.
The Intan CHANCEL Loa asked, what was the description of
wine, as the prict would depend on that.
Mr. Mawract: said, he supposed it was Tokay, or, perhaps.
Malmsey ; and, by this mode of traffic. the petitioners' cellars may
be well supplied, but their pockets would urn be filled. Even this
regulation was assented to by the petitioners, and was continued
for many montloa. %then these facts were stated to the other cre-
ditors, there were no documents to prove them ; the petitioners bad
not the bill.books and papers, and they did not wish to undenake
an uncertain litigation where there were no fords. This was the
conduct of his clients, and they acted in this manner against &pow-
erful creditor, and at the hazard of calling down upon them ail
those evils by which they were at present surrounded. The box
containing these important document., and the letters written to
hint as co-Assignee, were handed over by Mr. Parkins to the detain.
ing creditor. There were also miter letters aid papers, whir!!
would gives clear statement of all the proceedings between the
parties.
Ale. DART said, them was not a single allegation in the petitieit
' which called in question the justice of the proceeding..
The Loan CHANCELLOR—II theobject of this petition be to
get rid of the opposing creditor's debt, it cannot be done by tine
proceeding; you must go some other way to work. Wino the
parties entered into this contract, no matter whether the sum was
for 40.0001. or for 40,000,000 e ; the remedy for the :Tetley
the withholding of the certificate There was this difference be-
tween the bankrupt and the insolvent, that when the latter said to
his creditor, "you shill have no remedy except that which the
Commissioners glee you," the creditor may reply, I have sties
a claim upon port--wken you work for !annuli you are work-
ing for me.' It was the duty of the person holding the Great Seal.
I not to suffers debt to be cancelled, of the car.celling of which there
was no idea at the time wl m it was originally contracted.
In this case, the party becomes bankrupt : it only astonished hint
that bankrupts were not more numerous, front the manner in shish
they speculated. The debit proved under the Commission amounted
to 70,01 W /. This must be come& red a very large sum, as conipared
with that for which the creditors signed the certificate. The aniumit
of the debts due to those who signed was 9,0001.; thin was but
small portion of the ?aim of ;lateen. It was clear, that under the
old law that the certificate would not be granted ; upon such an ap-
plication by the law, as it stood formerly, all the earnings of the
bankromne life went to the creditors, if the certificate was net
signed. Under the eresent circumstances the proportion signed for
is 9,0001., and the conduct of the parties is this: they come to the
Great Seal and ask, add to this the debt of 52,000 e %ran this not
sufficient to awaken attention, when it was recollected that nice.
small creditors could nullify a debt of 52.0001. if they please ?
The law is so, and that was enough for him. Ile was now called
upon for the first time, for the painful act el remising %hat the
world supposed to be a mere discretion ; but this was not the eine ;
he was called upon, in his apprehension, to exercise a sound
(Tejon. There was also another reason which operated ; the cre-
ditors were the sole judges of doe propriety of signing the am eticate
or not. There mar be connected with the case certain moral aeon
which it was not tit the world should know ; there were many cases
in which it was better that the certificate should not be given dna
' that the reasons for the refusal should be known. In this cage ais
inquiry must be made also into the moral conduct of the creditor.
The expenses are also to fall upon the individuitl refusing the sig-
nature, and be must account, not only for the conduct of the bank-
rupt but his own. It must be granted that the creditor !tact some
debt ; if he had not he had no concern with the matter, and if he
had there was no necessity for an application to him before the last
act. If the debt was to be reduced, they *Would ece what the rffetc
of the reduction would be. It load been well said by Mr. Montagu.
who said every thing wisely for lois client, that he did not want law.
if the certificete was duly signed, and all was feund right; it sat
the business and duty of the person holding the Great Seal co
grant the certificate; it was declared over an.. over trom that chair.
that it was conformity with the statute that gave a right to the car-
tificate, and when many complained of the bankrupt laws, and
affirmed they were the cause of ruin to numbers. he felt convirced
that lre out of ICO of there very persons would sign certificates, and
thus give operation to those very laws of which they cemelaieed.
Ile was not now going to throw out any remarks respecting the
application, but he wished it to be remembered, upon every
presentisr estate, that where the debts of the signing creditors bore so
small a proportion to the entire, he would think it his dor, to scru-
tinise the matter. There was another circumstance which lie shouni
also conceive it his duty to hare clearly ascertained—at sea:
period the great portion rat the debts wascontracted. Nine months
before the bankruptcy, the crediten called upon the bankrupt for
their assets, that they should know the men with whom they :Lanni
and the property they possessed. The statement was given rat
surplus of assets to the amount of 20,0001. and in a short /see
sect, in place of this surplus, things ended in bankruptcy. Be-
fore, therefore, be went farther, he should require to be ruminant
with a statement and description of this property, also the ainotoet
of property subsequent to the bankruptcy, and the dsta upon which
the assets were valued nine truths before the bankruptcy, and what
be:air:co( them.

.Me. l'ili)kr.titt•—Would your Lordship wish to know how
much of the debt was contractrd within that time ?
The LORII ell %NCI: i.t.ol—No. I assume the debt contrac:id
within that perind to be rittrc.nely small. I am nnw going to remak.
,wt a future vase, without making an allusion to the presert,—* ti -re
an individual, fur the purpose ut obtaining farther advances. sta.,*
his property at a higher v:thie than it is, no matter how small tf:
advances be. I will not give the crrtilicate to such an individual. :t
it he refused by his Li-cilium&
Mr. MONTAGU said, be never yet found a man in distress
did not look at things in a light betia than he ought, and r:pre-
sent them secuedinely. N hethtr this were the etil..ct uC distress,
or it arose from the worship ut Mammon. he could not saw.
The LOUD I HANCELLOR the Mlle, but it rhea':] be
admitted that an untitundsul representation diser"! its ever, to i.:g.
11r. thus ucc asked, if access should t-,,t be had IJ
papa:lll,

. ,
The howl CHAN cr LLoa—Vou shall have access to a:1 neer,-
sary documents. ,tint net travel too fast—we ❑ot thr..w
any stigma on the psethi in title transaction. Tnt Act of Pr..
hament ghes certain liowett re,pecting the certifiaite—,4e
know all the ;natters. and terst trey will be correct—we lope they
winlat :mind su.

Mr. HAIL r said. it should be -ccollected that one of these bark.
raps al, and vt-s sci:l • 3 !i.vtatm art evensava

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mat. This was a ground of suspicion; it was reasonable to think
that a fair &eclogues was not made by the bankrupts. As to the
:Aaiun they were advised to make fur the production of papers.
tor the purpose of supplying information, it was done merely od
coltandiaot, and was rather calculated to embarrass than to explain.
There were four items which the bankrupts were called on to clear
up ; they applied their attention only to one. There was one of
51/ 0001. stuck, which, they said they had ; upon this they made
CO observation ; their premises, Iftlititll at 3,0001. were 31910 entirely
overlooked; of the 170,000!. they had, or affected to have had in 18•21,
they accounted but for one item of 30.0 W/. This, it was evident.
was u.ere trilling ; supposing that credit was given them for having
this property, there was a omit-4 necessity for ascertaining where it
ass. The expenses of these motions fell on the creditor why he
was placed in sorb a situation tie cookd not understand ; it was a
Litter oppression that casts should be heaped upon him. who was
r scrcising a right vested in him by law ; be threw no difficulties
to the sway of investigation ; he meetly exercised a legal right,
which he II Id not abused. As to thcuserticn of his clients refund-
si,g the .inn of ?LW— it would be their interest to do so, as there
stmatil be brought back 1.9.00411. on the other side, lilt' of which
was to In. to his clients. and thus they woukl receive 14,0111. by a
wurender of 8,1.000/. Ile suttionted whether the individuals for
s. hut he ar.pcared should be harrawd in this nianner.
.sir. tau was astonished the charge of harassing Infiniti
Come from the persons who, as creditors, had harassed his clients
for the spa:tor eightt on months, the time allowed by law for the
roditer to art as he had done, without assigning any reason what-
ever to any human biting. At the est/iration, however, of this
tone, he was bound to elite forward and state to the Chancellor
why he had acted in this manner. Upon the limner investigation
of this meter, if his memory d d not deceive him, his Lordship
tad spoken of the tangible property of the petitioners.
The Lunn ClTAlit:F.ll..ntt--Vottr memory is correct. I spoke
of such property, hut verbal,' not in your sense of the musk I
iiiost have a vatemetr not only of their houses, and the streets in
which ttiity are, but also an esti:onto of their exact value.
dlr. blurts. Attu raid, as :o one of the bankrupts dirtying on an
extensive and luerative trade, the fact was, that one of them was a
freeman of London. and his wife carried on trade, by privilege, in
hen own name, and by her industry earned, perhaps, 101//. a-year.
Ile submitted if the conduct pursued was that of a Christian
creditor. - - _ .

The Loan Cu TV(' F.l T.Olt repeated his order foe the verification
of the ban;.rttpt's property. br ifSderit, fm the nine months pre-
...loos to the bankruptcy, and also its application. The bankrupts
tv they have concealed nothing : it aaa not said they bad, but it
Ai said they male representations of property which they bed not
to conceal ; they have the inspection of bouka and papers at all rea-
sonable banes and nessnns.
Mr. 31,, T I fare the bankrupts leave to shear, by arida-
N, I. the .itt.uttutit of increase in the debt within the period of rho
•wor nlinitlls?

Tie LORD CHAVCEILLOR—They Shall have leave W do any
!tor!: that may expl.Liu tht-ir conduct.

N. ICE-CHANCELLOR'S COCRT, VFDXEIDAY, Nov. 17.

!'here sr I'4 rot ooy business of interest or importance in this

COrItT OF KING'S BLNCII, WroNrsmay, Nov. 17.

!rte was the day appointed for swearing in the Term Grand
:er the In-Hundreds. of whom a sugicient number did not
on the former occasion. _ .

I; alter the Jtiry retired, were occupied for a conni-
ti:rt: time in herring amic.l* trmn the Fiona in aciLleirsetit
nun, of which w.ac of any particular ihtereat.

( LI( r 1)1' COMIION IrttntrsDAy, Nov. 17.

!",e only 01111,C4 Pet dor.r. for licariog :Ms day were accommodated
the p3rti.s.

1':{1:1:0(1.1.11.1: COURT, Nov. 17.

I.3;:fore sir Jon!: NICHOLL, Kat.

PE THE Eocls or MARY JONES. DECEASED.
Ur 1.1 iHINGTuN ,tid the dereaAvd dud at Islington on the

1:t!, 11,23. 1c: e. two tcatanientare papers, one dated an
• •- •Z.td irdg, an.l the other, a codicil, dated the 11th June,
. ,:equeathing considerable property to her brother for life, and
to: to her sister. To this an allegation rug put in, denying the
c.;..::!ty of the deceased at the time of the execution of the latter
The executor, 31r. Drogden, had been cited by the Court,
: rtt,,,rnticr of the case, to give in an inventory of the goods and
eA:e.. of the deceased. An inventory accordingly had been given
it was stated was incorrect. One half of the property
: tbr the deceased being omitted, lie (Dr. L.) had to oppose the
•..'mu;mon of the allegation in the present state of the cause, as the
(,:,art could have a better opportunity of judging whether the in.
..!-tiro was correct, when the first issue, as to the capacity of the
was decided. _ .

JUNNEIL and Pm i.t.t vont said the allegation was
r •-neiry to the principal cause, and ought to be admitted. The
r:.,petty suppressed in the return exceeded one thousand pounds
V2-41111111J111.
Ntcwoxt.—As the rarty was assigned to give an inven-
should hate been correct ; and as there was an allegation
t. irging him with neglecting to ,
comply with the directions of the
rt, it was material it should be admitted, foe the purpose of
ea.;:rg for. and if necessary enforcing, a correct statement of the
ut the deceased.
allegation was admitted.

TifE WILL OF THE LATE ILDRAISIAII moxisrioar, via., DE.

CEASED.

ji:l,4 ER stated, in this case he was advocate for MIL Man.
tthure, rtlet of the late A. 3loote6ore, f:sq. of Stamford-hill :
a'ct she sought to have the testamentary paper he produced, pro-
:. IJ-del es the last will and testament of the deceased. He had
n Ltd vet:if:tenon in stating that the suit instituted by her against
t .1 other executors was perfectly amicable, and was only for the
,p_rrse of getting the sanction of the Louie as to the validity of
wi!t, and the ultimate disposal of the immense property de-
pending on it. amounting to nearly half a million sterling. The
rc..instances which attended this will, made it necessary for him
to state, that 31r. 31ontehore. having gone to Frence for recovery
1-.! Lis health, was taken suddenly ill at Lyons on the 2Oth of
..vivt, 1824, and died the following morning. When he found
It' . end approaching, ha called Me a person named W. It'oodley,
,t.riattended him, and dictated to hint the following paper, in which
t: eats, 1 bequeath to my son, Joseph, the Icorthpark farm in
S. ss..a ; to my son. Nathan, the Brighton farm ; and all nix other
property of every kind, I bequeath to my dear wife If ennetta."
....tter it was written in French. he desired it to be again written
. , and had it read riser to hint, upon which he celled for
a ;me, intending to sign it. but was seized with a memo, and pre-
need a second and a third time he essayed to complete it by his
s,teature, but was unable to make it, and remained so throutth
weakness until the following ntorninr, when he expired. The
•• wooed consider the mere dictation of the party in this case
culicient w:.h.) a the signature, and grant the probate on it as
;:rayed for by Mrs. Nlontetiore.
Dr. I,usifixol on. on the part of the executors, fully concur-
red in paying just tribute to the prudential motives by which Mrs.
'd was actuwed, and he had to state whir they the grant-
s :1 a probate on thts paper, am the last will of th=aedsed. ur con-
zincing his tinal intentions. It appeared flint tin the 3d of 3lay
Mr. Munteliore made a will, by which he bequeathed 2,3001.
,tell, to his four children, to be invested in the funds It, the pre-
sent wife, and 15,1N01. to his daughter 31eria (who hod already
14,Outit rested in tier 1111.1110 in the 3 per relt. l'emols) and be.
+mailed the remainder of his property to his wife. A second pa-
per was alto foor.d, supposed to be executed in 11123, in which, af-
ter rut:moment:Mg his wife not to enter again into the matrimonial
butte, be directs a sum of 10,000:. to be given in each of his chil-
d:en, leaving the house at Stamford-1313, a life.intectst in the
tqorttpark Farm. and an income of 6,01t0! a year to be paid to his
wit- until his two boys should !wain the age of eighteen. and his
Leo girls the age of seventeen, after which she should receive
4,i annum with a further liberty for her to will away
100, at her decease. There were other provisioos fur charities,
•and divers small legatees to relations, but no provision for the re.
'Prue of the property, winch was inietense. To this will he ap-
pointed his wife, N. Al. Rothschild, Esq.. ard Mr. 3lontehore,
eviemstors. The Learned Advocate contended, that probate should
Le granted 041 either of these, ue both ; and stated circumstances
attending the paper propounded on the opposite side, which in-
.: wed bias to think it asi not the intention of Mr. 31ontefiere, in
dictating that paper, to scrolfe the former distribution of Isis pro-
perty, or that bee .en, when he heard it read, wished it to be con-
sidered final ; as he stated to a servant, that the wished a provisioa to
hi made for William, Moaning Woodier, and expressed los inten-
tion of leaving him one thoexand pounds. The residue of the pro-
pate left to the wife, by this 'mete, was immense, and lie thought
it at rseinnee witb thiintantion ever entertained by Mr. Al.. to al-
lot it entirely to her, which was evident from the provision he
made foe I:er in the two other tvi!lsr. The Learned Advocate cot:-
tended, at considerable Isagth, itt opposition to the probate being
printnikes prayed for.
hrs. JeliffElt and Putihivienz replied, and said it was evi-
ant that Mr. Monteeore had the higilest confdence in the pro
deuce of Mrs. frionteficora, and that his leaving the residue of his
immense properly tuber was a consequence cf this confidence. lie
knew tie. children were safely entrusted to her protection, and that,
ire-id cirisn of their tender age. money already vested by him
in the he.ds fee their use and benefit. was a sufficient absolute pro.
visite:, enteral], ref, ter they would always receive hum their pa-
reit that protection they were entitled to. All parties ocuid, how-
ever, cheerfully bow to the decisioo of the Court in the final distri-
butions th: property.
e:ir Jude iiihnoi.i.--'l'hough I have no doubt at present on
64:c4 what the decision will be, yet, as it i. an 'Gar of
dim inset:Rode, I will postpone giving judgment until the next
C4uft dry.

The ti. Matthews, of Mitcham, has ftirdter re.
Pared leis tithes 74 per cent., making iu all 35 per cent.
within, three years. —Mafia Paper.
ha .:,riolay week a most melancholy accident occurred
at Mr. Adana a, of Swanstington :—A female servant took
!nisi a drawer a loaded pistol, while she laid some linen
up, but in replacing the pistol, it went on; and its contents
enter behind the ear and passed through the head of a
sweet bey three years of age ; the little sunbrer survived
rota secioient about time hours. Jurors' verdict, " Ace-
deals' demb."