The British Press; or, Morning Literary Advertiser.
London, England, 1824-07-08 00:00:00

this cam... and observed, that the Court was clearly VI opinion
tt:.it the promise of one of the defendants to pay took the case out
of the Statute of (,imitations. It had been held, ever since the
loth of ‘Villiam 111., when the case of Haling and Hastings was
I 1.1 t'rred to the twtive Judges, that • hare acknowkllgiuent of a
ttntlant took the case out of the Statute of Limitations; and the
l.Jlt theltrht that carman sense would infer, that the promise of
e defendant was binding nn all, because it was the acknowledg-
.'n tof a party interested in getting rid of the obligation. His
?..,rdierp mitred to several cases in support of the tudgment of
in:. Court. and declared that, after the best consideration he could
to 'he question, he thought the rule oeght to be discharged,
which opinion Ids Learned !towhees concurred.
LADY SALTOUS 1101:8T0274.EYECUY01).
'!'he Co u lIT called upon Mr. Sergeant 'Faddy in support of the
it le that lie obtained yesterday.
Mr. sergeant Tonto,' contended, that an executor could not be
/stair propties, unless he put in a false plea or caused
„lo•,:ee IGAZILEf: said, that if an VCCCIDOT pleaded plrne
; z'n*.trol it prwter a certain sum, anti a verdict and judgment
for one plaintiff, as the plaintiff' was entitled to the mune-
,te onymetv of so much money in the executors' hantls, the heart
'ay th.it took place, even fur an instant, made an executor liable

T!:.• 01, r Judges concurred in this opinion, and the rule was
.;:•.•rdinrly diNchsrged.

I.IIOGATIVE COURT, WtnxEsnier, JrLT 7.

3rEDLICOTT V. ASSIIETON.

1)r. Da.;:stis cud this was a question relative to the validity of a
The deceased had formerly executed a will, 1,1141 for the
• ',site: s• relity plated it in the hands of berstewant. lty this will
.iede• i..it all her real and personal property amongst her Milers
:•• Ofell relations; she subsequently made a calud, by
• sate bequeathed to her trustees 1004 each, and other proporey
camas wars ; hut a short time before her death the gave in-
strti,• ....I a to her steward to destroy the-will, which was ancordinely
hot the odicil remained in hcrilesk, where it was found attar
if. ..tin. Now the question -cm the decision of the Court was,
a die deceased, by the destruction of her will, meant to die
4:: whether she intended that the codicil should operatc.
instead .T a will. The Learned Advocate contended that the pre.
• oioption of lair was in favour ofthe operation of the codicil, other.
e .he could no doubt have destroyed that too. It was proved
e..l.nee that the deceased examined the papers in her desk, and
those which were useless, hut the codicil she folded up anal
-e, I iced in her aleck--a pretty strong proof that she intended that
t.or.iinent to have etl ect.
ri-t trerscoe•nea Rontssow opposed the admission of the
the question was a very important one, and he hail nee
toms' dent a ease in point had ever occurred in these Coatis. It
was (eider! that the deceased. by mining the destruction of the
w:tl. nee :led to die intestate ; and the mare circumstance of
h.r not des*ilyiikg the codicil was not sufficient to estabhsli its
uthmiticity.
Sir Jons Ntcnot, in delivering judgment, stated the facts of
the cs.e. The deceased, the Hon. l'arolitie Eliza Itledlicutt, died
Ninthamptonshire. in the month of March last, leaving personal
roperty to the amount of 2,000/., and one-ninth share of a large
es.s•e to which she was entitled. She left behind her a mother and
eight sisters. In April, 11;29. she executed a will, which she placed
tr the ds of her steward, 3lr. Smith; on the 13th of January
last !die directed :11r. Smith to dastmy the will, which was done,
and n• her death there was found in her desk a codicil to that will.
N ew •he question was, whether or not the codicil we a revoker(
•,tt '.. eat. The rule of law. priMaiiiCie, was, that a codicil was
d.ii,oditt net a will; but he once beard a case decided before his
Predecessor. where a codicil was held w be independeut
cf te.. will. It was there proved that the will wan unexecuted, anal
coiticd being executed in the mucus of three witnesses, the
atizulied the will, natal praoinineeil for the esdicil. The can-
t-list:on of the will is prinwelly%revoestionpithe codicil ; oral
in this case, that, by the d etthe thoffieteas•d • in-
teseed to die intestate. In the she bequeathed 104//. to each
e 7. h., triistees. Trustees of iiiratl...ol Therefore the
was clearly depeeffieni ifia itteroed so the will. The
d Judge therefore pronounced ROW the Codicil, thereby
-o..c!aring the deceased to baste died intestate.'
SHERIFFS COUIV7rtiD leroc.sunaat,
IiVEDXZSDAT, JuL V 7.

PAGE V. CAPTAIN FOSTER.

T. was an action against the defendant, a captain in the army.
to reemer liii. for millumy, far which it was alleged in the &Vial-
-1003 h- had made himself lishle, on behalf of a Ilgurante at the
'p•-a-tonre.
LAWES. in a caw.dece aid precise manner, stated the case
ta t'e Jury. It was an aetlen (be said) against the Military gen-
Cents, in question. *r a fit-out to the Clive of Good Hope for a
young Isdy well known is the thestricaleacks as a dancer at the
eprr-house. In April teat, the defendant and the lady having
kerc-el to go to the Cape of Good Hope. they went tithe plaintK
/lire i'sge, who is an extensite milliner, for the of gettieg
iittd out 11th requisites of every description, t give
the order. and and he maid be ealwelabie fee the papment. The
TOT we.. SO be renetifted la a say don punish 40),__.11110 alghe
.a!tr-wards Captain roster called as late as en woos, nits
begged the plaintiff would not fail to complete the order, as be
we.% about to sefl immediately. In consequence the plaint** an-
pls,:cti thirty additional hands ia older to effect it by the time,
se, L. 4 she ifid. and carried it the defendant's ladgiw in St.
Maitin'iChtraeb-yard. At this time above 901. wee AIM from the
lady (in a Ammer account. Mr. Fomermated he would pay 49L
and incited it was in consequence of his proutises of payment
C.a. credit was given. It was agreed that SW. or* to be paid on
a..reu,u before their departure, which however wai not paid, and
Ortendent was consequently arrested for the whole amount
pt .v.ous to his departure, upon which be procured bail. and pro-
ceeded with the figureette to the Cape. He saw his Learned Friend
(Mr. Phillips) attended foe the defence ; but what be could have to
u:-g:• he (Mr. 1..) could net imagine, unless he rested a defence on
riser:day. He wee aware be should havegreat ingenuity. eloquence,
an! •:.tent to compete with, but the Jury would bear in mind the
lac!. of the ease.
. . . . _ . .

iss ('oilier lived hi the plaintiff's house, worked for her, and
neos;wl in making and delivering the article*, shifts, petticoats,
pis!". towels. &c. Witness heard 311% FeOCT say he would pay
on account, and Sc. off the former debt of the young lady.
Air. ',awes—You saw Miss in bed on the morning when
yet! ?.'livered the things?—Yea.
loswes--I)id vow ever see any one else in bed with her ?
l'ittl.l.lrs--Now, now, that is too bad; a Counsel first to
ask if my defence rested on moraine and then in the face of ter
r:3“.;e.1 looking women (witnesses) and the Sheriff, to put such a
toestion.
;tr Rtrr—i cannot see of what benefit the question can be.
'dr. !,awes-1 thlek the defendant fixed.
Tw.. Miss Whiten, Miss by Ilan, and Miss Tucker, proved as-
-ICrti'V, to make and delivering the goods.
Mr. Plitt.i.t es was not a tittle surprised at his friend's fears of
ismence snd talent when he knew the personages of his case, who
EA in their clutches a foe block. Ile had no hesitation in saying
to ease had been concocted between Mrs. Page and Miss —,
:•;:. Opera figurante. between whom there hail been dealings for
s t .-s, and a debt of faof. otanding. even at this time. It was evident
: and, though their Connsel spoke of morality, he even
a: -..nred to ask, before thekheriff and ten female witnesses, a ques-
t: :- of a most indelicate description. Mrs. Page ought to have
^ that persons lodginglo St. Martin's ('hutch-yard were an-1
!, to pay such sums. The defendant had nothing bet his pay
s : i•ye tan ; and he muted the Jury would see, as he did, that the
—.cant was not lilted by this evidence. Were they gone to the
..o as man and wife, or compardons ? Why the latter; but thrir
t. rslev was not to be quesuoned. Ile thought the celebrity of
.e-trese would by this scene obtain an additional feathsv, if not
t"t• verdict of a Jury, by her Opera host. Ile trusted the Jury
v nnt allow the claim of Mrs. l'age.
All1:61/.1' put it to the Jury whether or not they thought
•••• d.tendant fixed be the evidence.
The Jury immediately retuned a verdict—Damages 1-16/.

SUMMER ASSIZES.

NORFOLK CIRCUIT.

.......
The fallowing are the datm and towns at which the general Gael
11,1,. cry and Summer Assize wiU take place. The Chief Baron
Miura and 31r. Justice GAZ E trr.. are the Judges.
11.:ckingbarnthlre—Monday, July 211. at Buckingham.
11•11:'rdshlre—Thuniday, July t 9. at Itedford.
11.::+tingdonshite. Saturday, July 31. at lluntingdon
Monday. August 2, at Catithritl7,e.
•:,.'7,,1k--Thursday, August 5, at Bury St. Edmonds.
N -C,;:,—Tursnay. August 10. at the Casale of Norwich.
I 'ill of Norwich—Same day, at the Guildhall of the said City.
TIIF, NOICfIIEIIN
Before Mr. Justice Bailey and Mr. Baron Bullock.]
Va.,--Inly 31. at the Castle of York.

i tt' of fork--j'allle day, at ditto.
August 14, at Durham.
Nutthumlierland—August 19, at Newcastle
Neu eastk—Satne day. at ditto.
(:,tmherlaml—August 24, at Carlisle.
%;' est worelisail—A vast * at Appleby.
.caster--September 1, at Lancaster.

Fri;lay, while a carter W2S striving his cart along
41".:;:',,trect. his 'mote took fright. knocked hint down, mid the
wt.nt over his hotly. without, however, doing him any a;:.
I.:- • t injurj.—CL,..,_ Oat-mei. k.
:,..1.1-INI HOl.l ACT OF FANATICISII.—SWIT7.FRI.AND,
.1 a. vt: 22.—A woman of Grub, in the l'amon of Appetit:el. giving
•,-re 1.• that unhappy fans:khan which now misleads the ii,rno-
r..:•t cloi.ei of society. has just killed her child, to save it from the
rot,. rittion of the evil spirit whom she thonght she ilia in
ti. • f, attire. of a stranger who was yawning through the village in
she lived.—Frookfort Jumowl. _ _

1..011.4 1 ni LIGUTNINC illtilleSt IMO wigs on
v...„,iJeglay evening, op the body of a boy of the name of rm.
l'rv, aged foul-teen roars. It a; pored that lie and another
I r :it; man. were standir.g together in .31r. renton's coal ttliult
-rtl, at the Ralik. in Leeds, near one of the iron waggons, between
ilve. and six o'clock on 'Tuesday afternoon. 'The survivor, who de.
sr-1.V.2.4 the shock as producing a severe knock on the head, on re.
coining himself, found his companion Ridley on the ground a
tos y.ircits from him, but was not able to render hint any assistance.
and could not himself get home !without help. Ridley's hat was
cut, on the side of the head the hair was singed, sti.d his neck and
lortast touch scorched. Several attempts were made to procure
animation, but, death appears to have been immediate. U'lle per-
son who hat eAcopeti. seems to be no worse fur the sheet. Verdict
Died by the Visitation of Grotl.-- /urn Ciurat.t.