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same thing, and directed the Master to inquire lion, otherwise the Court would net be able to
what were the rents and profits of the other estates attend to any other business than listening to the
not purchased by Sir Andrew Judd from Gates applications of parties about the taxation of costs.
and Thorogood. The complaint against the de- fHe therefore dismissed the application with costs. '
cree by the Skinners' Company was not against the
*hide of It, but that part which referred to the VICE•CHANCELLOR'S COURT,..:
Master to inquire the amount of the rents of the TtrutsDAT, Novara= 22. i :
estates purchased by Sir A. Judd from Gates and •
Thorogood; and contended that the will of the COOKS V. CoLINRIDGE.
donor was made valid by the Act of the 43,1 or This case, which had been twice argues!, *as
Elizabeth. 'Then suppose the eon of Sir A. Judd again brought under consideration at the opening
at the death of his father would hove wild, This will of the Court.
is good for nothing, and I will take the estate. the The arguments of Mr. Hart and the Counsel of
Art of the 43d of Elizabeth, acting retrospec- the Plaintiff, went much in the same manner as on
tisely after such a lapse of time, would its acting the lest day's hearing (see our Paper of Tuesday
retrospectively take it from him and vest it in the last), and a decree was prayed fur *erring aside the
Skinners' Colwell ? The question then is, if the I " sale of the partnerhip effects by contract, and di-
will was not made, would the estates be vested in ceding a new distanc' of them, together with their
the. Company ? It must come to that question, fur property and intrust accumulated by the estate,
•
the testator love the estates to persons who by law nom lid interim trantiartions."
could not take ;if there is an invalidity to grant, The Vlce-Cuariceetoa wished to bear from
the Court will lint interfere, and it appears the Mr. Hart, what was time rule and general decision
title was out of Sir A. Judd when he made his of Chancery as to the rights of partners regarding
the division of the estate, at the expiration of the
will; and them was a queetiou to be tried at the end
of two centuries and a half, and the Court trying period which might be stipulated iu the partnerehip
it must be liable to error, but it was their duty to articles.
Mr. thaw referred to a case in which his Honour
grapple with it. l
inen coesiderably believed by 'the•had been Counsel, and had argued that, which
estate, which was part of the joint estate pur-
had. been contirtned then, aid all subsequent easier.
chased by Sir A. Judd, es both parties doubt not the
title; therefore 1 will net touch it more than by say-
The partners alluded to had agreed upon giving
ing, they took under a will that war not maintainable ; twelve months notice of any harebell to dissolve
the partnership. Notice was given by one of the
in this opinion perhaps I am not borne out, tia in
the first Chancery cases reported, 195, declares, parterre, but at the expiration of the twelve mouths
where a will, made before the 43d Elizabeth was the dissolution did not take place.. It was ruled
in the cane which arose out of this that the notice
void before, would, after the passing of the Act,
become valid ; and it was so laid down in Hobart', not having been carried into effect, the partnership
was ea dissolved, and the Plaintiff claimed stud
Jetports, aid also laid down in Lord IVottiegbant's
Aluaiarripis, that all wills under the Act of the got the adrautage of all the interim propeety,egd
43d of Elizabeth were valid fur charitable pur-
transactions.
poses after she passing of the Act. The great dif- The VICI-CHANCELLoR said, that his decree
ficulty 1 Imre as to that statute is, how it could must certainly declare the Plaintiff in the case he-
make good what was void before its passing, when fine him not bound by the contract. But before
it only appeared that Commissioners were appoint- lie made his decree, he wished aerie to peruse the
ed under the Act to inquire into what conveyances articles of partnership, and convince himself 'shr-
oud assurances were valid. I am, however, relieved tiler the Plaintiff was entitled to chino a specific
from my view of this care, as lam not called on to division of the estate, or a division by public sale.
determine that point. The first question then is, The inquiry would make no difference in the sub-
whet was dime by Sir A. Judd before the making stance, though it would a little iu the wording of
of his will? for, if it was bad, I think it might the decree. After which he proposed to send it to
have been a good declaration of trust. Here was the Master, to determine if the sale of the rotate, as
a joint purchase made by Judd's money; then, it stood at present, would he 'more advantageous lo
suppose there was no charity, Fisher would be a the Plaintiff than that which had been made by the
itustree for Sir A. Judd. Since the Statute of. contract. He apprehended that Mr. Heald and the
Frauds, all declarations of trust must be in writing; I counsel for the Defendants could have ma objection
but before that might it not be possible *Char to this course. .
writing, although neither a coneeyinice une'S'iril, • Mr. HEALD acknowledged that if the Viz.
Bight it not be considered a declaration of truee?. Chancellor should determine tlist v iiiiiittscre, '
then there is sufficieut_in. the ..will to capacitate entitled' to a specific divioion,lfe'Oniq 'ma tit, he,
and to bind the Ski'esarro' . company i4p:ortp. boood by the sale by contract. But if the decision
trust for the 11;ne of the school at Tots. of his Honour !should be
,only in, lower of a division
_
t
briihee, which is con imad by the lettersecialgt by sale, then it oneh't itikm a glieefi-4;n' whether the
e
of Edward. VI.• thee., 'might be tithe,' _ moat beneficial sale letsfoutshereratetreatty effected.
mires, bit if there were the z must be itillifieet-s Poe surely one-fifth part oralat.prgronses end effects •
tidy *of estm'Skinoerse Conipany, if they, Per of a coach meeufuctory !molt aseelisposed of to no
where, If I can cell the
.will a declistatioterantrilst' one so advaillageously.malo 'the tpartnent holding
before the Staleilt of ,Yeessaiste she queatieh lhen• the other four-fifths. •• -•- ' . ' : " . '
would be, whether it was slitter declaration of The VIM-CHANCELLOR sty', :tit Ill4,'Sale he-
trust than tee seewinetjarwdeelialel4s.4.o
,s)se ing one .made by the executor, ferins opt benefit,
14th and• 311 st of Elizabeth, whichagem:* posewiLseielm was, .upon the lace of it, voidwarsids he apprehended
the consent of the' StantwefealgolllifsattY.:llolt. the that nothing maid save the Defeedernts from the
School, and the Got, stet sorfeethaS-Wet Shintere expensive- scomequreces • which inight result, but
Company should isokl for the vueteniution 'Orthe the Master's inquiry proving that the tale 4 Con-
school, and for no other purpose. It has been said tract had produced more than thel gliintitir Will
M.the bar that these Acts were only privale'oees ; likely to derive from a new ifivisiosi by conventicle:
adi iotereet of the Company, but it would save the mitring they are, the saving clause will not save of all the property Nit now store!.
the
Mr. Ilsiseo said, that his cleeristrould irarteno
interest of any oilier climaty besides the school; ii, objection to the
.inijuiry before the Mister, as they
which cape the .alma-Imuses would haye the right to had already' jacstrialtoll the eamisiee to which they
contend that they had a joint right with the sclera e. err Atii6 'es as ' 't . st 4 ; .
but then we have to consider the time of day we are • ims tosereetaill swindler day.
discueeing this, two cenierim sad a half after the l_ !'''' 're. '''::...,_'6.--"--4".. ',l ..•' ' '
depth of the -donor. I cannot help coneidshilig; coVler ktill‘flu! feelliYl'.llaarOssorgat
vehen:hoth the Skinners' Comp uny and the' Ofieest ' ' - ' ... ~etseetke, otitis !sist 01. .. .
cobsulted when time Acts of Elizabeth were made, . ' JUDGelfifill.
. 1...!
speci&irfg time trust vested in the Coropaiy,” that . - :
they adh ' a knowledge of the ictention of the
The SoLICITOR-GeNEßAl..forwrt she judgmeste
of the Court en Thomas Boucher, W; Gregoeye
thiPori The Legislature could not have knolls'
Dome! Boucher, Francis Malvinas; John Aldili:
it except on their report, and in the Acts it was
WO/ism Veschey, Daniel Alder', George Toth, 1
dechuirda that the school. alone was 'to hike. i
and %Villiers' Rawline, c . osericted at the last Assizes.:
sin therefore of opinion, tt the title to fake is not i for Gloucester, of a riot, eioleot 'assault, und ob..
under the piper caller! a¢ ill, but in the trails
steuetiou of a-revenue officer, at Cheltenham, alai
fore steeceilent and subsequtet to it, and there-
fere that the decree of his Honour the Vice-Cline. the 3 hat January hatisl* . . •
cellor is right. I will coned', the language of the The Lono Clefs, ItltsjeiCee, ad his notes of the'
evidence at they'll's,: • .. e.: t•• • ' •
decree, by infteming I, few words as to the release or • •
conveyance of Fisher. lam of opinion there wino 'The Defendants put in varionagiffsdevits in miti-
e
so much difficulty attached to the case from the cis-
gation of puitishurmst,• steseele-ereve read by the
cuinsteuce of the will, that I will not allow the ac- officer. . , .
.....1 „t„,, „ i
count to be taken ulthe rents amid profits so far back The CODRY sentenced T,..aliel D. Boucher to be
mom yews. Let the Company and the master of imprisoned brute year in the Horse of Correction
at Cheltenlimn, and to find security for three years,
the school each lay schemes before theMastez for the
re/ulslloll of the school. There ,fire isisp„tatiosp .f.hillarra ela in 2°°l' and tw‘iburettesreti in tool. each.
whateier't,S be attached to the Sainners'ea ny, • • -st. Plkter. Defend/sista were also sentenced fur
stir;! I bad :been one of the Company, "dive imo
b shorterirmv, to beintprimnied in the same place.
doubt , I
ut I would have acted as they have donee
W. 'llis and .Richard Rowe, fur a riot at Him.
gerford, its :Berkshire, were sentenced to four
Let thtcosts of all the parties be paid ont 6:tribe
charity retetes."
months-Imprisonment" lif his Majesty's "gaol at
The decree of the Vice-Gus taeseeosmaitifirmed. Reading, and to enter jut()
.recognizanees for three
Davies v. THE DRIER Or et simeoarnslll. years.
Mt. 11*s moved, on the behalf of the Noble De-
John Watson, John hisNah, and Richard Freer,
fendant, that the report of the Master iiiiiilit-tper*.. who had been coseritied -of obstructing a revelisse
officer at Liverpool, were sentenced to Fay a line of
fared baelf to him to retax the coste..ta.this daft.
50/. each, aod to be imprisonid for one month iu
It was a bitt filed by the Plaintiff to recover the
the House of gorreetiou, Cold Bath-field..
payment taLawasootrity granted to his by Lis, No-
Me Defend-a-eV A receiver was appointed to the Tat KING V. RIDGWAY.
'rotes of the:Duke, but the Court AssillierWistch In this eagiv Whieh it will be recollected was an
of opinion tlibst -the estates were exclisdelilturn the indictovut for It libel et the snowiest of the Bridge-
t:l6 MT is pry by the Acto, of Parliament thitellad street Ac. OCOlieoo, Mr. BAOUTHAW, a few days
passed forthe seCtirity of the hlailliorough'esuites; ago, °bullied a rule to ober/Cause why a new trial
wodhis.l.ordship recommeuded that the Noble De. sheeld not be had.
lendithektrtld pay to the Plaintiff the actual NM Mr. TINDALL acne moved cleat the matter should
he Inerachreated to him for Ilse annuity, which was I come on upon motion. The role /Vivi had been ob-
hoa f Abhiehalweiff first 'Triaged to receive that-suns tinned upon affidavit., to which lie apprehended they
rut the trrnesbef -the Noble Defendant, bit since I bad e 'complete answer, and were therefore very
emended t itioe
were ordered to be lased The COURT directed that it should bell° brought
liflrc
icy thaMarterttPo -." ---"11"t•Ilovemi • I items I on, uotice being given to the other aide.
nn the appointment of the receiver in the Noble
laefeadans'oeiists, which the Court had been always
hi the 'habit, of-allnising. ' tie • you'd read to his
Lordship some of the items that bad beeu distil-
lowed by the Master.
Mr. HART, Counsel far the Plaintiff, said the
Ipplication was irregular, inasmuch as it was made
:el mottos instead of being on petition. He there-
.ore hoped his Lordship would not maintain the tip-
pliention, but dismiss it with costa. -•
The LOAD CHANYLLLOV obaorvedf that all ap-
-1 phantom relative to costs must be made on peti-

The following Gentlemen were yesterday called
to
the degree of Barrister at Law by- the Hohoftt4"
able Society of Lincoln% hill
wightioan, George %Valiant Tapp, °eery
Derby. Augustus Sinitis Le Mrssurier, Juts* Errs ills Glees.
woos), George Jervis}, oud George Austen, Esquires.
As a constable was conveying William .Atkinson.
a boy about 15 years of age, to prison in Dublin,
on Monday last, for theft, the nimble young rogue
slipped himself mit of his &oat, of which the con-
stable had a fast holds and made his mar,