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

NAVAL INTELLIGENCE.

CRATTIA74. Nov. 9.—The Owen Glendower, of 42 guns, Capt.
Christian. was put out of dock the 6th instant, and is fitting for
foreign loTeice.
The Basilisk cutter. Lieut. Hough commander, sailed the Gth
instant for Portsmouth. with supernumeraries, and to go from
thence on a cruise ; also the Goldfinch packet. Lien. IS'alkie com-
mander, sailed the 7th instint for Falmouth, to be employed on that
station.

The Admiral Berkeley. hired transport, Lieut. !Launders. agent ;
also the Leval Briton, hired transport. Licnt. I.ey, agent and
Surrey, hired transport, Lieut. Thompson, agent--sailed the Bth
instant. with troops for the coast of Africa.
The 31inotattr. of 74 guns, was put into dock the Oth instant, to
have her defects examined into, and made good.
The Royal African Corps. about GOO strong, light infantry, em-
barked on Friday last In', the Ortinance.yard, Chatham. rn board
of three transports, for Cape Coast Castle: they arc expected to
sail this day
. . .

Four driachments of the !7th regiment. now quartered at Chat-
ham. are under orders to embark at Woolwich, on board transpotts,
to guard convicts for New South Wales.
Arrived at Dillingham, the Dispatch, 18.guo slap . from the
Mediterranean ; aho will proceed to-morrow to Chatham, to be
paid off:

SHIPPING INTELLIGENCE.

FROM LLOYD'S LIST.

Fatstouvff. Nov. 8 —Arrived yesterday the Doris, White.
from Zante in 41 clays ; and the fohowing ontward•bonnd vessels
from the Downs. viz., the Merton. Drummond ; the Brighton,
Thomson ; the New Phenix, Leathwaite the ROB/4 Teesdale ;
the Puke of Wellington, lees and the Lihette. Blanshstd•—
Sailod the Frolic packet, far Halifax and New York.—Put bock
the Len, Claxton. for Nassau. New Providence, with sails split.
Ptiruouvir, Nov. B.—Arrived from tho Downs the Ruth,
Munro, for Jamaica ; the Thomas, Hobbs, tor Trieste ; and the
Perey, Seger,, from Sir. Vincent's.
PORTSMOUTH, Nov. 9.—Passed by the Tigor, Duke, from
Vera Cruz. 44 dare passage, landed paasengen. Also the Electra,
Robinson _from Philadelphia, in 29 daps.

Drat. Nov. S.—Arrival and sailed for the River. the Zero,
Talbert, front the llediterranean ; the Zephyr. Evans, from Que.
bee ; the Percy, Ritchie. from ditto; and the Barhadoes. Lee, from
St. J,phn's. New rtrunswick.—Passed through from the River. the
Active, Palmer, for Oporto ' • the Falcon, Littlewort. for Seville ;
and the Zephyr. Arcanm, for Aliamt.-4 p.m. The Lady East
and the Coventry, f.ir New South Wales, are getting under weigh,
hot the wind has every appearance of getting southerly—the rest of
the outward-bound sailed early this morning.
. . .

Oa arrsewn, Nov. 9.—Airived the Age.noria. Phithrum, from
Jersey ; Eimthetli. Orfeur, from Palermo; Unity, Mends, from
Duernstv ; Active, Cmker, frown Dunkirk ; and the Tally-Ho,
Glover. from Vircinia--Sailed the Tulloek Castle, Pearce, for Ja-
maica ; Thetis, Hovers. for ditto ; Elreek. Reed, for ditto; Or-
well, Bryant, for St. Vincent's ; and the Berbice, Wayth, for
Genoa.

PETERHEAD, Nov. 7.—Arrived the following vessels from
Davis's Straits, viz.:—Superior, Mason, seven fish. 109 tuns ;
Refire. Sutter, eleven fish, 130 tuns ; and the Hope, thralls, seven
fir !,, 100 tuns.
ST. 'tome% NEWFrIUNDLAND. OCT. 14.—The Aurora, Of
Whirehaven, Remon. from Quebec to Tralee, was wrecked near
the Renews, 29th ult. The crew, materials, and most of the
cargo tared- _ _

Off D.arer, the Or-an, —, from Demerara.
The William Olivier, 'Faber. from Motile for Amsterdam. is
s a ml to have arrived at Cuxhaven. leaky, on the 22d ult. after
thr wing °verb lord part of the ramp (wheat); it was feared that a
great part of the cargo was damaged.
The Jong.? rimer Jacobas, IFyhes. from Hull for Amsterdam,
hav ng suffered much be stormy weather, and got aground twice.
a-rite lon the 29th ult. leaky, at A melacd, whence she was to sail
d re dr for Amsterdam.
T e Aurora, Benson. from Quebec to Tralee, was wrecked at
Newfoundland on the 29th September—crew, materials, and most
of the cargo saved.
The Phaeton (Swerlidi grind), Klengstcdt. from Stockholm
fur Dunkirk, is lost off Anteland, where the Captain and pilot
have arrived, but the two sailors and a BLankencse pilot are
drowned.

The Berjomin Shr.w. Douglas. from Liverpool, which wit‘ stated
in the List of the 3,1 instant to be lost previous to the tith ult., or.
riv-d at Minunichi on the oth, all well.
The Peter, Buttner, from S•ockholm fm Trieste, is stated to
have ruin aground in the night of the lgth September, in a storm,
upon Trnidel, near Leapt, and to have received considerable
dorsal!e to the rudder. tce., and to have sprung a leak, which ern.
dered it necessary to keep two pumps continually at work. She
reached Arendahl, where she will repair.
. . - . .

The Frau Anna Maria, from the Hexer for London, after having
been eight days at sea, is stated in a letter from 'forming of the
31st ult. to have put back, damaged, and must unload to repair.

Tee SHIP Cott: maus.—The following is an extract
from the books of the Custom House respcAing the sh;?
Columbus :
The Columbus, Quebec. W. Mackellar, 3,690, Blackwall,
Martin.
41 pieces oak timber - - Gillespie and Co.
3 253 pine ditto . . . ditto
54.634 staves and headings . . . ditto
30,281 deals ditto
6,082 ditto . Caldwell and Co.
56 pieces timber . . Gillespie and Co.
Part of the cargo thrown out in the Gulf of St. Lawrence.
On Thursday last the celebrated Commodore, O'Brien,
arrived at Chatham in his diminutive cutter, the Royal
Gift, which measures only five feet six incites in length,
and two feet eleven inches broad. We understand he pur-
poses staying come days at Chatham. This is the same
cutter in which he crossed the British Channel, from
Dover to Calais.

Natanow F./CAM—Sunday evening, between six and
;even o'clock, a gentleman passing near the corner of
Thomas-court, in Thomas-street, perceived an old house
adjoining Catherine's Church, which had been partly
taken down, for the purpose of widening the street, giving
way. He immediately alarmed a number of persons
coming that way, who had hardy time to escape the im-
pending danger, when the entire gable-end fell into the
street with a tremendous crash; fortunately without doing
any further injury.—Dublin Paper.
lweesntaetts.—About six o'clock in the evening of
blonde, se'nnight, a barn in Framlingham, occupied by
Mr. J. 'Pierson, anti belonging to the Charity Estate of Sir
Robert Hitchatn, Knt. (filled at one end with barley in the
straw) was discovered to be on fire, and notwithstanding
the most prompt and unremitting exertions, was totally
destroyed, together with a stable Iljoining, anti a stack of
barley, a etraw stark anti other property. We are sorry to
add, there is no doubt that the fire was occasioned by the
diabolical act of an incendiary.—About midnight on Fri-
day a stack of tare-straw, in a field oppesite the house of
Mr. William Goodchild, of Keddington, was destroyed by
fire; and from its vicinity to Isis farm-yard, greatly en-
dangered his premises. It is believed to have been wa-
-1 fully set on fire. as a stack of haulm, about a mile off had
been twice tired the same evening, the Sth of N'uvetubee,
anti the persons concerned impudently persisted in their
wantonness before Mr. G.'s face, threatening to throw his
son into the !lames if he interfered.—Xi.//A Paper.
flonnin Can rI.TT TO NIII At 8.-011 the forenoon of
Tuesday last two butchers, Slanders, residing in Free-
sehoohstreet. and NVolley. of (Jai:mord-street. both of St. John's,
liorseleyilown, pr.ieceiled each with his mare, iu limners, from the
milestone, opposite Stepory Itreen. tire and t frailty miles out, and
the same distance home, on the Ilford raid, tie a be: of Sly so-
vereigns. Both parties started at a pace, although their looses
were considetrd good bottom, too quirk for any cattle to continue
such a distance. %Volley built lead, and by the time the 15
miles out were done by him. he was between two and three mites
a.tie.ati of his opponent. Slanders, however, overtook Wolky,
when the latter pulled up, 1111 A gave in, as his mare mild not pro_
mil farther with any chance of Pieces.; indeed, he left the poor
animal behind him on the road, and came home by some stage-
coach. Manske% continwil„ however, as well as his mare could go,
until his arrival at Ilford, wlesre he baited her; hut on proceeding
for the winning-post, the mare could scarcely walk, and the poor
distressed animal was near three hours in going the last six rules.
Slanders, however, won the bet, but his mare, on being unhar-
nessed and put into a stable, dropped down dead in • few minima
afterwards! It ouitht to be timed that each of these humane :vitt-
petitors had a friend ith t1::n in the easav to a.: as Orcp.:, on
dais disgraceful occasion,

LAW INTELLIGENCE.

COURT OF CHANCERY, WEDNESDAY, Nov. 10.

11.41F.E T. LA I.E.

This was an appeal from the iiee-(Karellur under the follow.:
inn cimuns:ancest--
l'he plaintiff who claimed to he the heir at law of Sir Mathew
flak, tiled a hill against the defendant, who is in pox-essinn of the
etisttea descended from him, praying that the Court would elder
the defendant to prodece his title-deeds, to shew br what right he
held the estates, and k•:st him (the plaintiff) out of the
of hit inheritance; alleging elan, that the defendant hail:du:rill::
that the plaintiff was the heir at law,' and bad offered him a sure of
money as a preniium to induce him to suppress his claim. atsl
stating. that In the event of his refusing to accede to his proposals,
lie would produce such deeds end conecyanc,s as sbnuld effectually
bar his right to the inheritance.. To this whole of this bill the de-
fendant had demurred, and the Vice-Chancellor had overruled the
demurrer. From this decision the defendant now appealed to the
Lord Chancellor, and the question came on this day fur further
argument, it having been partially beard before.
Mr. ',DAT/WELL supported the decoarrer„ on tile ground that
the whole bill, from. beginning to end, Ken imperfect, loose, and
inconclusive; that, admitting that the whole of the issue of Sir
Mathew Hale had failed and become extinct, as was represesued
by the plaintiff. yet it did not appeae, even by the plaintiff's own
shelving how he was entitled to the estate. Ilia bill made out no
case which would entitle him to the assistance of a Court of
Eatiity. He had Merely stated. that as all the issue of Sir Mathes/
lisle were extinct, he hail become heir at leer. Not one word was
said shout his pedigree, excepting that he is descended from an
uncle or tie Mathew lisle's, who was the elder brother of his (Sir
Mathew Hale's) father. In fact, the plaintiff's bill was nothing
more titan a mere Itching till, none of the allegations in it having
any foundation. lie therefore contendo!, that the demurrer ought
to he supported.
Mr. SOODC1( followed on the same aide. lie drew hitt Lord-
ship's attention to the circumstance, as stated by the plaintiff: Pan
he was the hc.r at law, as to the little probahility there was, that
the settlement trade by Sir Mathew lisle, a century and a halt
ago, should not have been defeated by sonic of the natnerousi
tsstatte in tail, who must have been is prissettion during etsa
period. Again, he contended that the manner in which the plait.
tiff' had set out his title was most absurd; that the four children of
Sir Mathew Hale had all long sine" departed this life, without
imue, anti that he was the live at law of John Hale, the elder
brother of the father of Sir Mathew Hale; that there had beers no
covenants to bar the entail of Sir Alai:lea's property; and that
therefore he was the heir at law, and entitled to palmation.
The LORD Citaxem.aost—There is no allegation, that the
plaintiff' was descended front any tenant in tail in possession, who
was arse the heir at law.

Mr. Sui;tigx said that there was not. The plaintiff also was
out of time; and there was likewise no allegation, that there had
been nn settlements made during the long period of 160 yam.
But it untiontnately happened, that almost every poor peraom of
the name of Ilalc, for what reason he could not divine, conceived
that be must be descended front Sir Itlathew Hale, and was con.
.tautly threatening the present pour/sat of the estates that he
would file a bill to produce a diticovcry. Ile admitted that the
plaintiff might he all he pretended to be, which he thought very
unlikely ; that he might he desceincil front Sir .Mathew Hale's
uncle, all yet be no heir of Sir Mathew Hale, as he had not
shewn one 'single !nit in the pelliree by which he claimed to de.
duce hia descent ; end until he couli aliew that, he was not such an
heir as would enable him to sue successfully in this Court.
The Lon:, CHANCELLOR said that bills, in the nature of the
one before him, as they were usually framed in this CORM stated
all the links of the pedigree. for then:version iv fee might have beta
disposcrl of by any one or the tenants in tail in possession.
Mr. Sur: eh—Certainly ; and the Claimants were compelled to
deduce their descent fren. the root. otherwise it was in the power of
any person to file 'trills, and assert ragas and indefinite title'. The
bill, in tact, Iva, had throughout. and therefore the demurrer most
be allowed, as the phtintilr had not th:dt::::.%l his title seep by sun
besides which, another rule of Court Vl4, that the plaintiff must
shew that he was heir to the person last seized. llow could the
pleintiffshew this if, en he stated, all the issue we., long dint ex-
tinct. The Court certainly was :shell to believe a great deal, but
there was not the slightest ground on which the bill could be main-
tained : lie had, however, another objection, which he thought fatal
to the bill. 13v the late deziaion in the House of Lords, twenty
yews adverse possession were sufficient to bur a plaintiff chaining
the title from obtaining ney remedy in a Court of Equity, but left
him to do it in a Court of Law, by an action in ejectment, and it
was perfectly right that this Court should not step in to assist a
plaintiff who had been lying by for so long a period, and suffering
another to receive the rents. Another rule of Court was, that the
plaintiff should shew that he was within Mee. This plaintiff %MS
out of Court by his own statement, but it he was not, he ought to
shew that he was within time to recover by an equitable tide against
an adverse possession, but there was not a word on that subject in
the bill, therefore the demta..rer was good, as in a ease before the
Vice-Chancellor, it was not stated in the bill that an untuity had
been enrolled, although no etijeetion was made to the minion on
the other side. and although it had really been enrolled, yet his
Honour thought the liana should follow in its pleadings the strict.
nets ore Court of Law, and for that onnisaion he dismissed the bill.
lie (31r. Sugden) thought that a very proper decision, and the
omission in the present bill was quite analogous to it. The bill
was alba imperfect, as it prayed not only for a discovery, but thto
for final and full relief, which it was not in the power ad the Court
to grant.
The Loin CHANCELLOR—The Vice-Chancellor thought that
ac would want the assistance of a Court of Law.

ilr. SI:WIEN-11M he has ho ground for a Conrt of Law. The
very pants had heen already decided in theme of Crow v. Tyrral,
3ladox, 173. before :lie Vice-Chancellor, and also in Joon T. Jones,
3d 31arabel ltil, before Sir W. Grant. He would not p intu the
length of these authorities, as he merely quoted them for his owr.
satisfaction, and he only found the rules repeated wbieh bad been
laid down by his Lordship. On the grounds, therefore, that he had
gated, he thought the demurrer must be supported.
Mr. Heats appeared to support the bill, in doing which he
would not trespass for a long time on the attention of the Court,
and he had no doubt but that he should convince his Lordship that
the demurrer mast be overruled. Huth his Learned Friends had
indulged !iolnat Ives in lone arguments, the one on pedigree rid
the other on limitations, while they had omitted noticing the moat
material parts of the bill.

LOUD, CHANCITLY.OIt—There certainly were two Very important
charges in the plaintiff's hill ; the .me that the defendant had sae
mined the legality of the plaintiff's title ; the other, the offering of
money fur the suprrtssing of it.
Mr. Ile:m.0 said that they were points which the defendant Wes
bound to answer; and moreover. thedefendsun, with alibis boasted
title, appeared to have a very great objection to show what sort of
one it was ; much had been said about the plaintiffs being out of
time. Supposing that the defendant had been in possession of the
esktes tot live er MI years, and that the plaintiff's father was in
ion immediately before that period, would the plaintiff they
possession
of time? and was there any thing in the plaintiff's bill to
show that that had not been the case. The plaintiff had merle out
a very good case to entitle him to the possession of the title deeds ;
and was it because that he had asked for more than the Cou:t could
grant, that lie was to be shut out from what it was really in its
power toys.' ? It' the attestation' in the bill were true, the plain-
tiff was clearly entitled to the deeds.
The LORD CRANCELLOR—The -ire-Chancellor seemed to say.
that a party net entitled to possession. was not entitled to the title
deeds ; and. indeed. he thought that that was perfectly consistet:t
with Mr. Ile.dif a argument.
Mr. II eaLn s.iid. that wanes generally had some very good
grounds for filing bills for disc.fvesy ; set, possession being in the
eye of the law a very matte ia/ tenet, the defentlam in this case very
naturally desired to evoid a discovery. Wi: h regard to some of
the statements in the hill, perhaps the Counsel hail insetted them
for the purpose of avoiding a demurrer.
The loan CHANCELLOR did riot think that sal Catinsel
would take upon himself to insert such all ;cations as IreTt,'On-
brined in that bill, without instructions from his solicitor—at hat:
he should hope not.
Mr. HEALD said, that he very well remembered a very eminert
practiser in that Court, who had afterwards filled the higeest jud: -
dal station in the sister kingdom. laying it down that the evidence
in a bill to detect fraud should nut develop: the whole of the fas.:s
in which the plaintiff was in possession. but that a reserve shintld
be made for a second or third bill ; but be had very little he itation
in saying!. that a man who would commit fraud. woeld comma;
also perjury to conceal it ; but what he wished was, that the .3.:-
fendant should admit by his answer, what he had virtually ad.
mined by his demurrer, that the allegations in the bill were traits
slid then let him see what the Cadet would nay to hint. He should
have very little doutt then, but that a decree would be made in hit
client's favour. The eases that had been cited by Mr. liugdeh,
had very link bearing on the case ; indeed, thatofJoees e. ior.cs,
had none at at all, further than that it was all' argument on de-
murrer ; indeed, the Learned Counsel had stated that he only cited
them for his own satialaction ; but he ought, sorely, to have toll
the Court what ether result they haat produced ou his mind ; in.
deed. he did not wonder why he hind not stated it, as them was no:
one of the five points in the case that had any connection with the
pneent questioe. It was quke e new doctrine that an heir out of
pantie.' • in, should show in what meatier the deeds were necessary
to enable him to !support his right of pussessiost. He remembered
a case of llreekenbary e. Brackenhury. where a father Lad made
over his ripen, to his youngestson. tot the sale purpose of giving
him a qualification to .hoot. The father kept the deeds by hint,
and on his death, the elder son succeeding as heir at law, his bre-
thee tiled a hill egautst feint, for the production of this deed, which
was immediately. on hearing the matter, over-ruled.
The Loan C:: *Net:LlAM—That only Auweti the impolicy of
the gatee laws. as that man:utile:it was made merely as a chose
upon the law, that if an.: body questioned the tight of the man fa
shiest, he might say, " here is my qualification."
Mr. II EALn, after citing one or two eases in support of liks pit -
nee, etheatte.l by calling en the Court to overrule the deinlierei
Mr. :timid f. followed on the sane side. aid denied that the ka
was what it had been termed a fishing tell.
The Lunn CHANCELLOR :said, that he believed that it war 0::
soar At.iii a hill as the present that the late lord Mansfield be:.
sat:. that if ('Darts of Etsaity admitted such bills, that the beet
thing e inset could do would be to throw the whisk of hie title deeds
belnuil the tire.
MT. iHADNIET t replied. he obsetveil that nag plaintiff bed se:
forth his heirship ILI too anibisicias a silencer to be for a goon, ;
entertained.

'llte 1,0 itti CH t V CEI. LOR thought that there ought act to has z
been 3 demo:n•r to the whole bill, an there were lame pasta of it
containing allegations that ought to be stoner's!.
Mr. SR 4,1)* ILL Zosteuded, that the plaiatift Cad seat skew. so