The British Press; or, Morning Literary Advertiser.
London, England, 1805-08-06 00:00:00

LAW INTELLIGENCE.

COURT OF CU ‘NCERY-\t ,r4DAT, AUOVST 3.

Ez-aark HOLYLAND, a Lioritie.
In this case, which was exclusivity reported in our
paper of the 29th ult. the Court was kaformed that
It was not the intention of the Committee toyrocecd

to the trial of the issue.
Mr, PICOT hoped his Lordship. when making
an .order with respea t r the petition, would take
care the C irnmittee should have costs.
The Loan CraesceLeua paid, every necessary
attention should be paid to the case. Additional
affidavits were then bindles! in; but no day was ap-
pointed for delivering judgment.
PC OA ACM r. EARL FAUCoNIICSO as rl OTHERS.
This case came before the Court, the Flalutiff
Living taken exceptions to the Master's report.
Mr. Roma re, ve on the part of the Plaintiff, stated,
that Ann Fairfax, being possessed of a considerable
preperty, made her will on the 13th of March 1764,
anti, after giving some trifling legacies. left the re-
sidue of her estate to her Executors, to be appro-
priated as she +night Id-terse:al Is direa by a enclocil,
and if she should die without giving such directions,
then that the residue shouldgotriJohnde Arch% and
Thos. Bredell. Some time after this, thetestator died.
and not until she had executed a codicil to her wiii,
leaving different legacies to the Superior of the Be-
nedictine Monks- of the North and South Provinces
of England, to the Superior of the English Benedic-
tine Nuns of Chamberry, to the Superior of the
Black Nuns of Paris, and to the Superiors of several
other religious orders. The Plaintiff, as residuary
legatee, til:d his bill against the executors, to re-
cover the property, and the cause came on to be
bet .1, when it w.ts referred to the master, to enquire
weenier there were any Superiors of the diffi.reni
Cinvents arid religious orders specified in the will,
and whether they were capable of taking legacies
for their own benefit ?
*4e Master made his report on this, on the letb
of July last, which stated. that there were such Su-
periors of the different Convents and Orders capa-
ble of taking legacies for their own benefit, and
that they were noer resi _ling. in England. To this
report. the PI had taken several exceptions.
The first of which was, that the Master ha stated
the affidavits and evideiit'e of the Defendants, a'
hackeneJe his repot t on diem, and had not stated or
peidany attention to the evidence on the part of the
Plaintiff.
, Mr. Remit-Le then read over the different
affidavits and depositions oa the part of the
Det ;dant% which .vere stated in the Master's
report, and upon which it appeared that the supe-
rior sef ,ious houses and orders had often small
legacies 1, which it was always custom try
to pay, and it wis Lot considered that they were
incapable nt a eiving them. On ''se part of the
- F; A gvutlernan, he said, was exe.ained, who
cd,pose,.. that ti:ere ha; been such convents, but
that thew were now &salved by a decree of the
C,,rivention, and that w tea they were is existence,
and a Ten or woman I came a memoer of one
of them. they were conedered by the law of France
to he dead, and not cap toted receiving any legacy
whatever.
Several eslifts and ordinances were then r 'ad from
different old books, some of them manescript.
fro n which i appeared, that monks or nuns who
had qiiitte ' their monasteries were not intitled to
receive 1-ge—es, but were strialy hound to adhere
to bole poverty. He th-n read tl,e decree of the
Councli of Trent, by watch they were forbid to re-
ceive any thing whatever. Theleerned Gentleryen
then adverted to that part •of the. Master's report.
which stared. that the order of Benediaine monks
existed in the North an I South Provinces of Eng-
land ; he was quite suprised to find such an ec-
elesi.reical division of the country on the records
of an English Court of Justice ; and submitted, that
this first exception would decide the case without
going any farther, as it was monstrous to suppose,
that such a division was known and established. He
the a iiree.2 ie the most decisive manner, that these
1.. g ieies to the superiors must be considered as gifts
to site Coe vent, and would therefore be considered as
lapsed legacies, Cie legatees being by law dead be-
fore the testator. He then cited several cases in sure
port of these printiples, and said it was evident
from hew ch...they c-old net receive a legacy. The
• Learned Gentleman Loncluded by saying, that the
eirhe'e of this money for the discharge of these le-
gacies, partook of the natere of real estates, and
then uv Cie statute of mortmain could not be paid
to religious houses.
Mr. PIGOT, on the part of the Defendants, nark
an .•3jeaion, that the present Plaintiff could not le,
t'; :arson meant by the Testator, as the will mule
Jr n De Garcia residuary legatee, and this bill wee
filed in the name of Joseph De Garcin.
Mr. Rummer, in opposition to this, said, that
the objeftion was law ; and the Defendants, by an-
swering the Bill, had 1,-knowledged the identity. s„^
Mr. Proor then proceeded, urging many strong
arguments, and citing several passages from Coke
upon Littleton, wl: we it was stated, that a monk of
Normandy could bring an aaion in England, it nut
possessed here, and that the superiors were not dis-
abled from isaing in temporal affairs, and receiving
small legacies. He then submitted, that the tes-
tator did not mean these legacies kr the religious
order, but for the superior:, as a small compels-
setion for the great loss they had sustained by the
French revolution, and that as it was not in trust
for the r order. the Court would beef opinion, that
they were capable of receiving it.
The Loan Z.'eAsCELLOR said, the wards of the
will were—" To the Superior of the Benediaine
ti-nks in the N, rth and South Provinces of Eng-
laud ;"-1 he would ask, could he, accordieg to law,
receiteise the superior of such an order in England?
Mr. Proor thonght he might, as be wriuld, if it
was left to the Grand Master of the Masons, or the
superior of any other society.
The Learned Gentleman was about to proceed ;
but it being half past three o'clock, the hour ap-
pointed for the Court rising, the 'further hearing was
deferred until to-morrow. .

tleeen persons who had, feted so long together in
harmony and'good'hurriour ; gad, after many other
eloquens and impressive argitintnts. this gay de-
ceiver succeeded in persu *ding Betsey. that it
would be quite sufficient to satisfy the neighbours,
it they were to declare, on their return, that they
had been married ; hut, in order to give some ap-
pearance to the tale, it was agreed they should
walk twice round the church ; which ceremony be-
ing performed, they returned, as happy as turtle-
doves. Unforrunately, however, the daughter of
Hobbs, and Lei .ey could not at all times agree ;
and, in one of*Lei afternoon's agreeable altercations,
from words tl e; came to blows, and Betsey ss
near getting the upper hand of Ler antagonist,
when Hobbs came 'in—and, in order to procure
peace, he kicked Betsey out of doors, and ever af-
ter refused to take her in, or perform his promise of
marriage.
The Sitting Magistrate having, with great pa-
tience, heard the whole of the case, considered it
such a one as he could not well interfere in, and ac-
cordingly dismissed the parties.

Three pickpockets were apprehended nn Sunday,
it the door of the Roman Catholic chapel, Duke-
street, Lincoln's-Inn Fields They were yesterday
ex arlil'e I at the Public Office, Bow-street, and COM-
mitutJ for further ecamination.

NAV:a-01-T- ELLIGENCE.

r(Jit'sstuLiti, •U:.3

Sir Home Popham arrived resterdav, and took
the command of the Diadem, of tit gulls, from Capt.
Grant. Sir Home will sail in a day or two, for
Constantinople.
Arrived from Gibraltar, the Aroohdrite frigate,
Hon. Captain Boyle, with a small convoy.
Sailed the Defence, Goliath, ZCJIOIII, and Orion,
to join the Channel Rect.
The Terrible, of fi4 guns, Vice-Admiral Douglas,
Lord H. Paulet, will sail to-morrow to join the
Channel fleet.
Went out of harbour, the Mercury frigate, Sophia
and Rose sloops. •
PLYMOUTH, AUG. 3.
Arrived the Malta man of war, of 81, pins, Capt.
Bailer, from Sit :tobert Calder's fle:t. which she left
on ‘,ll, ednesday, the Slut ult. The 7ombined Fleet
had not got into Ferrol or Corinna, but are supposed
to have steered for Cadiz; Revoluronaire frigate;
froolereine 'loop of war; and "the Ilaritquin hired
armed ship, from a cruise.
Also the American ship Fran4lin, of Boston.
Dens, from Norfolk, bound to Boor& AUX, laden
with cotton, detained by the Revaatiunaire; the
SVredish ship ('errs, Capt. Bowman, from Or.tntania,
fund tl3 'rbriniugen, laden with barilla, detained by
teLeolv Warne hired armed ship; the Hamburgh
iberios, laden with fruit, tobacco, and su-
gar, bound :o Varell, detained by the Lay IV”rren
Satled'the \reptant man of war to join the Channel
fleck off Brest.

FALMOUTH, AUGUST;.

Passel by to the Eastward the A -erican ship
Fifisifid, Capt. Dawes, from Borton, with tobacco
and cotton.
Arrived L'Egypt;erove frigate from Plymouth;
also a fleet of victuallers from Plymouth for the
Channel fleet ; and the Wreee sloop nf war from
Port.mouth, to give instructions to the vessels bound
to the Mediterranean.
The fleet breinl to the East Indies is still detained
by contrary winds.

a4,64oATs, AUOtST 4.

Yesterday afternoon, the Cerntess f Eigin cutter,
Lieutenant Brown, came into Ramsgate H arbour,
bringing under her convoy five pr° hes. They were
taken about two o'clock yer..er:lay rn..rning, a little
to the westward of Boulogne, via. one brig, two
sloops, a small t ut,eir, and a lugger. .11107
are laden piincipally Nrith• ore stores and ord-
nance; and the brig mostly with oat,. These Ves-
sels are Fret traavorts, alid* pate one, e4voy
of between 'ttst;tlth.l thirty sail. They ere'
taken isy the faGIIIMi't frigate, Sir Thomas Living.°
iombroabie •; Mitsui gun-brig, and eCtllliell of
Elgin cattily, liart bf the in-shore squadron, and
were boirrilitom Havre to Boulogne' About one
o'clock on :Saturday morning. This convoy was dis-
covered; ii b ing exceedinglyvdark,' the French
vessels had got further off theft coast elan thzy
were aware of, so that the Briti* cruise's got in the
middle of them, and cut off RA of them, before
they were seen. The firs: of t" ese, seeing the ene-
my, was by one of the lugger! run foul ut ; the.
Rviusorese's signals, by blu-dights, w•re then or-
dered, and the five vessels before-mentioned were
captured; but, owing ra the darkness of the night,
it was not safe to approoch nearer to the land. Rad
day-light appeared one hour sooner, there is no
doubt but the greatest part would have been taken,
as our cruisers had got within the land of the enemy,
before it was known they were amongst them.
There were it'eout 12 men on board each vessel,
but no soldier; a French ')dicer, an Ensign de
Vaisseati, was on board the brig.
Ramsgate is filling very fast--41, 1 o:i% seas in can
boast of a greater number of the N.ibility and fa-
shionable visitors, than can be remembered .tr any
former time to have honoured this place with their
presence.

PROM LLOYD'S LIST.
•11111IViD.
At Fortarantith—the St. Jramigh, Diana, ; Re- ,1
b•crA, Cho;cialt ; Olive ii 131168. Wright ; Good Intent,
r -tt ; Elizabeth. Stephernon ; and the New Ilype, Brook.,
tr in. t.obraltar.
At Cowes—the —, Hanson, from Virginia.
At Bristol-41m Cath.rma,—., from G.lllpdy.
At Dover—the Enterprise, Watson, from New York.
At Liverpool—the Jtailit Morgan, Howard, from New York ;
Wa.trington, Stringer; General Butler, Lake; mad the SA
JtAll, Farley, from New Orleans ; Atlantic, Brown, from
Pwreton ; Nelson, Ilaykr; Cares, JAI tilt; and the Elizabeth,
ikwyce, from Birloadires; Charente, Hall, Guru VilgituA
Nestor, Phillips, from Massachusetts; Wirthelmina,
from Trieste; Lion, Soevidisig, from Greenland; Claude
Scott, Findlay ; and the Tneris, 11,1,0 n, (torn Fetershurgh ;
E.ther, Jones ; Arista, Crawford ; Desiree,. Br..derikk ;
Fairfield, Vetch ; Ardent, Briggs ; Mawr, Edgar ; Persese-
rances Marshall; and the Felrcity, Anderson, from B.ga ;
Hope, Thornton ; Atlas, —.; and the Jane, Anders.m,
from Nary r; Ilrlon Jones-' Will am and Charlotte, ;
and the Mart', Frirj, Gann Perron ' • Mary Ann, Wantroptr,
town Wybrung; John and Mary, Anson ; Ann and Jane,
Miller; Fortune, White; and the Adalphia, Rachie, CUM
Memel.