The British Press; or, Morning Literary Advertiser.
London, England, 1819-10-27 00:00:00

KILKENNY THEATRE.

Miee O'NsiLL.—This Lady, we are happy to
aisooniice, has arrived in this city. She will per-
form this evening at our Theatre' in the character
of Juliet; on Friday in that of Dade:soma; and
no Saturday teeming in the character of
We congratulete the public on this splendid addi-
tion to our theatrical varieties. The presence of
Miss O'Neill has given new and general animation
to this scene of gaiety. The applications for seats,
its every part of the Theatre. are numerous and
premium; beyond example.—(Kilketessp Afisktakir
nersd.ity.l
Miss O'Neill declines going to Cork this season.
FASSIONASLI ARISIVALS AT KILSENNY.—
Hut. James Butler. M.P.; the Earl of Llandaff,
and suite; Sir Wm. Bererford. Bart.; Captain
Butler. the Rev. Mr. Torrent. Mr. Byrne, Mr.
Backs% Mr. Rump'', &c. &t..
Willis. Glibbest, F.sq. has been sworn in as
Provost of so the roum of the Rev..
Doctor Bauman who has resigned that office. in
consequence of his appointment to the Deanery of
Cork.
KiLimuteii-Then has been remarkably good
miming lame this meeting, which has been attend-
ed by his licellast7 the Lord Lieutenant, who
honoured the Turf Dub with his conlimiwy at din.
set fit two days. LOUd Charles Manners. sad the
Field-oaken of his regiment. were present on the
occasion.
La consequence of hie Excellency's signifying his
lutetium of • to the Curregh on Monday
Rest. the Tog Chs has given • plate of 200
*pines tis he tee fee se that day, for which these
are. 14 hems slang sawed, est a west (mewl
me le expected.

LI W INTELLIGENCE.

COURT OP RING'S BENCH, Srucuct's Dew,

TUBSDAT, OCTODE-11, 26.

TOWNSON r. TECILF.Lf..

This woe s case reserved tor the arguing •.,
termiiiing the question. whether the t-
renounced his assent I. take oii .eign .•
jiiiiit executorship sad freehold interest to,
devised by a writing executed soder-Ins kind INA
seal ; Qr, on the contrary. the devise was to ire me.
si.iered'as biuderegoo the devisee, and vesting
Stu...l'M Min till lie pheulil mule a Imissi
ilipelmitiler of the muse in • Court of itecorth
Mr. MANNING, for the Defendant. 'Nord, ilist
as it was on r-tanlitiired principle in 6W that si
hold Ca iiiiii t N.rs without livery of oasis, or
and sr the writing by which 11w party declares'
intention could not be considered • relespe. M.'

other species of tired, ions:ouch sti it dill not mention
any person to whom the liderest was to lie released,
nor purport to be executed bete. ern I partway it...
freehold which vested by the oprtgllots tit Ihr Oesi•.•
Was anti undivested, rod could oot u • of
devisee but by disclaimer in a Calla of lleentti.
The Learned Counsel quoted 114 support of i.rs Upl•
nion Coke wpm Littleton, 150, a. and 41. a. and
Shepherd's "I'ourbsione, 1.. 9.59.
Mr. Justice Ho Law /D askeil, %holier a fr.:moll
ever vest in a nun without his coidietit ? The 11"
or g mice of such a principle might be attended with
extreme hardship to ass individual. by ribhgitigliim
to accept au estate subject to such buidrus as its
value was uneqoal to.
Mr. MANNING replied that the law protertetl
him, by allowing bins to refuse the estate, by mak-
ing a disclaimer in a Court of Record.
The CHIME' JUSTICE ittquried if any mode ctat!,l
be pointed out of doing lbw but upon an action
brought ?
Mr. MANNING said lie was not aware of any.

The CHIEF JUSTICE—" Then how is Ile t'
make the disclaimer if no one commences 3.:
action ?"

...... .
Mr. MANNING said it wits not incumbent on l•rit
to shear how the disclaimer should be made in v
Court of Record ; it was enough that lie shool-1
prove that the thing ought to be dune. He then
cited the case 3 East, 410, and several others.
Mr. BAILZY addressed the Court fur the Plain-
tiff. He observed that the Plaintiff had said in ti,*
writing before referred to, that " lie disclaimed awl
renounced the executorship and all estate and inte-
rest given him in the will," which lie conceived :to
he a sufficient disclaimer of or disagreement to the
devise ; he had nut found it laid down that Hui
disagreement was exceptionable in any mode hot.
by parole, a distinction which had been recogm•eil
in Butler and Baker's case, 3 Cuke.
hended that a devise could lint be said to bind
devisee till after some act done by hint, whicis
spewed lie was willing to take under it, and
2 Ventris, 198, Thomson and Leach, in which it
hail been laid down that "an assent is essential tit
all conveyances."
The CHIEF Jus•etcg—" There is so much good
sense, Mr. Bailey, in that doctrine, that we mu•t
assent to it, toilers we are t.ild that there is it
case wherein it is distinctly and expressly stave.;
that nothing will be effectual for the purpose I.
*aestion, but a disclaimer in a Court of Recoril."
No sucl case having been adduced on the toll/ r
side, his Lordship proceeded to pronounce his jut*.
ment nearly as follows:—" The law is cell:1;1;1y
I not so absurd as to force any mats to take nut
estate against his will ; and if au estate be de-
vised to hint •which he is unwilling to accept, A
unduubtedly allows him, in some way or
to refuse his acceptance. It is not necessriy to
consider whether he might do that by work,
because here we have the solemn act of the
party, under leis hand and seal, renouncing
whole interest intended to be conveyed by OJ!
devise. The Gentleman who argued the case f•ir
the Defendant hiss not been able to point out any •
way in which the disclaimer could be made iu is
Court of Record, except by auother's bringing hips
into it : but if the law stood so, it would not hal,
left him so unprotected. 1, therefore, give my jiiil4
resent for the Plaintiff:"
The other Judges expressed their entire concur-
rence in this decision.

Extract from a private letter from Gibraltar
" The American Minister at Madrid has nimbi a furor: I
dentsad, in the name of his Government, fur the rele.:ee ‘is
certain prisoners belonging to the United Stairs, nod e..-
fined in Spain; and required that charges be preferred
against others, in rrgular form, who bare brag lints tcd
in dungeons, without soy pluceediugs heiug instituted
against them. These prisoners are chiefly persona who
had entered the Insurgent service, and have been captured
under that Sag at sea, or wrecker' on the coast of Speie.
This is considered as rather a hold step, and indicative
of the future policy of the Washington Government. It is
Warded ou that memorable Report of the Committee ordered
to examine the ease of Mr. Meade, at that time a priewrie in
the fortress at Cadiz, when they declared it to be their
opinion, a that it is due to the dignity of the Visited Steles,
to adopt, as a fundamental rule of its policy, the principle,
that every uue of its citizens, to whatever regain& sof the ea, th
hie lawful business may carry him, and she, demeans him-
pelf as becomes his character, is entitle.' to the prink cliesucof
hie Government; and whatever intentioual injury may be
done him, should lie retaliated by the einploymeirt, it ac-
ceesary, of the whole force of the nation.'
I forgot to mention to you that Lord C—y, of—
memory, who lose fur moue time bees. absent from England,
and resided a lung while near New Toth, war purser of :as
Buenos Ayres privateer, called the Constitution, lately lost
uff Tarifa, sad with the crew is at the prevent moment con-
timed in the Castle of St. Sebastian', at Cadiz. I have sv•it
a letter from him, announciog himself as the individual, awl
ibis is supported by the testimony of all his fellow-lattice's,
and others who know him personally. Mr. 1.)-- has 01.11
over to visit his Lordship."

Carlisle Castle is now undergoing very important
alterations, additions, arid improvements, in order
to make it the principal military depot kr the No►tw.
A considerable number of infantry will be perma-
nently quartered within the Castle, the ca tttttt ;I
be mounted, and the principal defences
strengthened. We rejoice at this, for ►o veneraWe
end useful a fabric should not be permitted to
crumble beneath the tooth of time with utditFe-
rence.--/Ce►lirk Patriot.)
On Friday night, as one of the heavy Dover
coaches was going down Gravel-hill, the skid,
had been applied to the wheel, flew off, and itor
coach was overturned. ROBIRT CARDER, t':e
guard, was so much hurt that no hope is tait.t.
mined of his recovery. Among the pawner' wits
Admiral Sir ROBERT FARROW, who. with the rest,
escaped without any material nijury.

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