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London, England, 1825-12-01 00:00:00

THE BRITISH PRESS.

the vafidity of a will upon which publication had already taken
pace. This app;ication was founded upon on affidavit mail° ti)
John Alilaotn, In which he stated that Thornal Masora died in
March. 1925 that the will propoutaita was dated on the 21s1
of March, 1821; Mist at that period, and from the month of Sep.
tember. 18211, the deceased was a Itintikie, and had been so declared
b. 7 the vardict of a jury. The applicant thereat a desired to, be ed.
rutted to oppose the probate of the will of 1821. and further stated.
thia a valid will had been executed in the month of August. 1920.
By the will of MIL the applicant was devised an annuity of one
handfed pounds ; but it appeared that by the will of MO. he was
left an annuity of two hundred pounds. To acteunt for theprement
application having been made at so bus a stage of the proceeding..
it was stated that Join :11 ilsorh Was in great
_poverty. and had
made every veer:ion to procure the assistance of friends, but was
actually unable to make the present application until within a very
recent period.
Dr. Homily was with Dr. BurnaSy.--Ile anticipated an cih-e.
titan that would probably be made at the other side. It would be
said that the person applying should hare stied inform(' myrrh.
if his poverty was an great as to prevent his appearance in Court at
a proper stage of the proceedings. To this he should reply, that it
was a very difffirent thing for a man to swtar that lie was worth
lens than five ponntla, and to commence an action in the Ere,-
!duties! Court. There may he great poverty. and yet the appli-
cant could not have stied in firma prnpecis. The Learned Doctor
' argued, that under all the circomatanceis of the case the applicant
should come into Court as if lie hail applied at an earlier stage of
the proceedings, and offered his allegations before the publicatiou
of the will.

Drs. JEXNER and Lrstrixtrrow appeared on behalf of Mrs
Clement, the executrix of the will of 1821, to oppose the applica-
tion. They contended, that the gtound of poverty alleged by the
applicant WAR altogether false. Under the will of 1821 he was left
an annuity of one hundred pounds, chargeable on the real property
of the deceased, and upon this legacy he could have found no diffi-
culty in raisin, money to appear in Court. They also argued that
the grounds of his opposition were futile, and disproved by the tea.
timony of witnesses who had appeared to prove the validity of the
will of 1821. They al.° suggested, that if the applicant was ad.
mitred to come into Court, he should be made to give security for
thermos of the proceedings.
. . . .

Sir JOHN NICHOL L'aitl, he always had held the principle that
interveners in a suit should take me cause IN they flotilla it. A. to
the present applicant, prima fit* it was his own fault that he did
not appear; and as matter of right he was only entitled to plead in
exception to the depositions of sr/Mimes. In cases where new mat-
ter came to the knoidedle of a mirth after the publication of a
testament, the Court, as matter of indulgence. could have allowed
that matter to be pleaded ; but this was a principlethat did not
apply to the pre,ent case. Under all the circumstances. he thought
that what the applicant required would be as well effected by ad-
miffing him to interrogate the witnesses to the will of 182.1. as by
admitting his allegatiune to mot. The Court would therefore
make a special order, that John Magnet should be allowed to in.
temente the witrirmes produced to prove the validity of the will,
upon condition that he should give security for the costs of such
proceeding.

lI:STICK V. BAMDF.N!

In this ease, the facT;;lWhicilaTeitllVisefore our readers, the
arguments of the Learned Civilians at both sides were heard, and
occupied the Court a long time.
Judgment deferred.

INSOLVENT DEBTORS' COURT, Wswit SDAY, Nov. 30

PRACTICE OF THE COURT.
Thomas HARK of Kidderminster, meatman, was brought up on
his petition to be discharged. In this case notice of opposition had
not been entered by any of the creditors.
Mr. Por.tocu, on behalf of a creditor, applied to the Court to
have the insolvent removed to Worcester, In order that his MAC
might be heard there. It did not appear necessary (he said) from
the wording of the sth Geo. IV. that his client should have entered
notice of opposition with the view of enabling him to make the
present application. It was entirebra luestion for the Court to
say whether or not an insolvent should he sent buck to the country.
Mr. Commissioner LAW thought he could not entertain the
application, as notice had not been entered.
Mr. HEATH (for the insolvent) said that if he were removed to
the country under the present circumstances, the applicant could
not be heard against him, as those only could oppose in the country
who had entered notice to that effect here.

Mr. Commwtooner Leff—Precisely so. Acconling to the esta.
blished rides of the Coirt he most refuse the application.
Mr. For.coux said the Act was so; but as to the necessity of
giving notice, the words 'of it were to the effict that the Court
might, lilt seemed Ift. order the removal of an insolvent ; and in
another clause it said that it was competent to any creditor to apply
for such retboval. The Act gave these powers without reference to
any rules or regulations of the Court which might exist u to the
necessity of entering notice of opposition.
Mr. REATH replied at some length, and insisted that as notice
of opposition was absolutely necessary, no creilitor,in the absence of
such notice, could oppose, unless he claimed to be a creditor " not
being in the schedule,"
Mr. Commissioner I,&w found, on referring to the book of rules,
that he was in error, when he still there was a rule of Court on the
subject. There was one, however, which bore very neatly on it,
end stated that " ten days' notice was sufficient from those creditors
who intended to oppose an insolvent on applying for his removal •"
this had rot been 'done itt tit pl'esent instance ; and, as far as his
own impression went, hi thought theapplication ought not on that
account In be entertained. Still, as there appeared to be a
difference of opinion on the point, he would allow the case to stand
over until Friday, when he would be assisted by another Com.
missioner.

The came was Reandingly adjourned to Friday.
The Court wait occupied during the remainder of the day in
going through cases of no public interest.

POI.ICE.

GUILDHALL.

A case, which, if we may judge from the nutshell' that
_thronged the man, excited considerable interest in the silk trade,
was heard yesterday, before Sir JAMES SHAW, Ram
The shape in which tho question at issue came before the Megii-
tate was, an operative weaver obtained a summons against Illessrs.
Ames and Atkinson, of Paternooter•tow, his employers, for re.
fusing to settle a dispute as to the price of his labour. The matter
was referred to arbitrators, who disagreed as to what award should
be made, and Sir -Imes was now called on to hear and finally de-
cide the points of diVrence between them.
Mr. AMORY, the Solicitor, having opened the case, Mr. Mills,
of the firm of Remington and Co. the arbitrator on the part of the
master. proceeded in read the evidence they had taken; but before
he had fcompleted this task, the inquiries of the Alderman], and
the explanations of Wallis, the arbitrator for the journeymen, and
of Mr. Mills, an disencumbered the question, that the Alderman
found himself able to give his decision.

The sho-t facts were these :
Some lew weeks ago Mews. Ames and Atkinson, who usually
employ from six hundred to tight hundred men, set one hundred and
forty to work upon what they deemed a newly.invented manufac-
ture, and which they named a gran d'hivre. A gros de Naples is
a plain silk, the threads all of an equal thickness ; whereas, in the
gros Whim, every alternate thread is a coarse end thick one, so
much so as to give the surface the appearance of being lint ly ribbed
or corded. In the gros de N. plea there may be from ninety to one
hundred and twenty threads wove in by the shuttle in every inch of
length, and this would be performed by the weaver with one
shuttle, which be would throw across from hand to hand. In the
gros d'hiere he mum use two shuttles, the one charged with the
coarse thread of silk. and the other with the fine, and while
weaving, every time the shuttle traverses across the fabric he must
put the fine silk quite out of his hand, to pick up mid throw the
coarse and so eke reran. But then, as a Net-tato the delay thus
caused by using two shuttles instead of one, an inch of gros
d'hivre contains but 60 to 65 thresds,ouly two thirds of the number
in the other description of silk.
The question to be tleorlcd now was, what should be the price of
the new work. By the scale of price., which was recently abo-
lished by law, the ,harge would have Deco )7d. per yard ; and the
journeyman insisted that that scale was still unite:l.4°Ni to fix the
amount that should be received, unless the master, on giving out
the work, stipulated to pay some other slim.
The master. on the other hand, insisted toat the old scale was not
now even looked at a. a sort of criterion ; but the employer gave
nut his work without making any bargain., and when it came
home paid the weaver just whatever he thought him fairly entitled
to, leaving the 'faunae), is& to his remedy fit ISM, if heithamobt the
price insufficient.
With regard to the actual value of the labour, the journeyman
contended that he could make five yards of plain silk in a day of
fourteen hours, for which Mr. Ames would pay him Is. per yard;
while he could only weave three yards of the corded silk in a day,
for which Mr. Ames would pay him but Is. 3d. per yard, instead
of the scale price of Is. fid. Thus he should earn 30s. per week on
the plain silk, while on the more difficult. and fatiguing corded
work he could gain but 225. 6d. Ile called four witnesses before
the arbitrators on this point.
To this it was replied, that 31r. Ames's books showed what could
actually be earned on each sort of work; that examining the pro.
duce of 45 looms, taken without say unfair selections, the 45 men
had earned to the fraction of a tarthirig as much per week on corded
es on plain silk. and that the four witnesses producal by the cont. ,
plainant had actually themselves earned 3d. per day more on
corded work than upon the other. Out of the 140 men employed
on this gros d'hivre, 130 had accepted his price of 1i.34.
Wallis complained that Mr. Ames had not produced a single
111611 of his 45, that he might examine him whether lie had not
earned the same wages on the cord by dint of extra assistance or
IllarTA hours. lie was convinced that must have boeu the case.
Nit JAMES SHAW said he could hear no fresh evidence in this
stage of the business. He did not know what conclusion he might
have come to had it not heen for the fact that 130 out of 149 men
had, by accepting Mr. Ames's price, given their opinion that it was
• fair one. Ile could not decide against the opinion thus indicated
by the journeymen theintelves. lie also thought it was established
that the same wages *night be earned at each sort of work at Mr.
Ames's price. and that the one was not more laborious, though per-
hum. more intrieste, than the other. Ile therefore decided agamst
the claim of the jounicyman.

ROW-STRBET.
George neingmont. a bailiff's follower, and &rah ftestintotft,
hit. II I fe, were brought up yesterday morning before Mr. Mitishull,
the sitting Magistrate, charged with riotous conduct on Tuesday
night in '• the Acre" and elsewhere.
Mr. Beaumont. it appears, has a great aversion to getting drunk
by himself, and being moreover an excetkat husband, had chosvn,

For want of better company, his own lawful spare for his pot corn -
Pinion. to the true Parhy and Joan neeenner, they had gone on
pledging each other out of the mune pewter, tie! Batelay's best In-
tire had entirely got the better of them, and being now in line (miler.
'forlinishing the evening, they, sallied forth front their symporimit,
end began knocking tend ringing at all the doors they came to, an
amusement for the prosecution of which the lady's patterns were
admirably Mt-pteJ. and did excellent service.
Mr. Brennan, a watchman, under whose especial shorveillasee the
Long-acre district is placed, seeing them thus jovially inclined, yet
loth perhaps, from the rarity ol the occurrence, to tnar such a
praisewor hy specimen of connubial enjoyment. remonstrates' gently
with them, in the lint place, against breaking the rest of all the in.
habitants of the street, who were not under the ialuence of some
most powerful narcotic indeed, and recommended them to proceed
quietly home. They seemed to take his admonition in good part,
and actually got on as far as Russell-street, with a progress which,
if serpentine, was silent, when an unlucky trip over a scraper sent
poor Mr. eaninont head foremost into the gutter. The wife of
his bosom, who had shared le:s social moments with so much unc-
tion, fortmok him, not in his distress, hut making a alinilarfinhr
pas at the same moment, accompanied him most lovingly in his
descent, and there they Ivy together, and might have lain till this
time but for the aforesaid Mr. Brennan, who now added his assist.
mice to his advice, and once more restored them to a position bear-
ing wine relation to the perpendicular. The shock. however, It
scented. had completely driven all their hiend's good counsel oat
of their heads; for warmly was Mr. B. upon his legs again when
the knocking nt the door recommenced, with added vigour, and
Mrs. Brennan's }oaten* thundered against every approximate win.
'tow-shutter like the hammer of Thor. Mr. Brennan again inter.
posted, but no longer with the sante success as before; on the con.
trary, he only met with violent abuse tor his pains, Mr. Beaumont
insisting `' he was no gentleman," while his fair rib made a diapo.
sition for transferring her iron battery from the shutters to 'tie in.:
trading head—so true is the somewhat homely proverb, that `• prof-
fered service savours not sweetly." Roused at this ingratitude, all
the milk of human kindness was soured at once in the honest Ewe.
raider's bosom, and immediately summoning some of his allies to
his assistance, he wadded in conveying this constant couple to
the lock-up house. . .

Mr. Rearumont now, in his defence, began a very lame story, in
which he insinuated that his roll in the kennel proceeded entirely
from the watchman giving him an unlucky impetus. This, how.
ever, he failed to establish, and his line of defence aggravating his
fault, he was locked up, while his better moiety, as a femme sou-
veils, was allowed to go at large and look for bad for him.