The British Press; or, Morning Literary Advertiser.
London, England, 1805-08-06 00:00:00

LAW INTELLIGENCE.

COURT OF CH ‘NCEtt tY, AUGUST 3. ,

Er-DlTit lIOLYLAND, a Lunatic.
In this case, which was exclusively reported in our
paper of the 29th ult. the Com t was informed that
it was not the intention of the Committee toptoceed
to the trial of the issue.
Mr, PICOT honed his Lordship, when making
an .order with reap- El t the petaion, would take
care the Committee should have costs.
The LORD CIiANCEI,LoIi gang, every necessary
attention should be paid to the ease. Additional
affidavits were then htmled in ; but no day was ap-
pointed for delivering judgment.
DC OAKCIN r. 1e.%111. Vie.OOOMBERG AA t 1 OTHIERS.
This Case Came before the Court, the plaintiff
having taken exceptions to the Master's report.
Mr. Roses Lt. v, on the part of the Plaintiff, stated,
that Ann Fairfax, being possessed of a considerable
property. made her will on the 13th of March 1761,
anti. after giving some trifling legacies. left the re-
sidle nfber estate to her Executors, to be appro.
pria;....l as she +night afterwaids dire by a cnducil,
and if she should die without giving such direelions,
then that the residue shouldgotoJohnde Garcia, and
Thos Bredell. Some time after this. thetestator died.
and nor until she had executed a codicil to her wii.,
leaving different legacies to the Superior of the Be-
nediftine Monks of the North and South Provinces
of England, to the Superior of the English Benedic-
tine Nuns of Chamberry, to the Superior of the
Black Nuns of Paris, and to the Superiors of several
other religious orders. The Plaintiff, as residuary
legatee, til:d his bill against the executors, to re-
cover the property, and the cau,e came on to be
he ad, when it was referred to the master, to enquire
treletitee there were any Superiors of the different
Canvents arid religious orders specified in the will,
apd whether they were capable of taking legacies
for their own benefit
Mast-r made his report on this, on the pith
of July las:, which stated. that there were such Su-
periors of the different Convents and Orders capa-
ble of taking legacies for their own benefit, and
that they were now residing in England. To this
report. die Plaint'l had taken several exceptions.
The first of which was, that the Master ha I stated
the affidavits and evid aof the Defendants, a-
haelokade his repot. ois item, and had not stated or
paidany attention to the evidence on the part of the
Plaintiff.
, Mr. Rossi ttv then read over the different
affidavits and depositions on the part of the
Del ;lints, which acre stated in the Master's
report, and upon which it appeared that the supe-
riot of ious hoir,cs and orders had often small
legacies I, lem, VIIIC.II it WAS always custom try
to pay, and it WAS Lot considered that they were
incapahl• of j ,:iving them. On part of the
-r; t.iieman, he said, was exaaiiited, who
d pose.. that t erc ha! been such convents, but
th.t they eery now dm; -Ives by a de,7ree of the
Cmvention, and that w ien tney were is ei..steace, I
and a man or womaa came a memuer of one
of them. they were con. dined ity the law of Franke
to he dead. and not cap Lute of receiving any legacy
whatever.
Several edias and or linances were then r .ad from
different old books, some of them manuscript.
fro o which is appeared, that monks or nuns who
bad quitte ! their monasteries were not intitled to
receive l-g.eles, but were strialy bound to adhere
to holy 1. verty. He then read the decree of the
Camel of •I" re-st, by which they were forbid to re-
ceive any thing whatever. TberleAraed Gentleman
then advet ted to that part of the Master's report,
which stated. that the order t.f Benediefice monk,
eristed in the North an I South Provinces of Eng-
land; he was q.site suprised to find suck an ec-
clesiastical division of the countiy on the records
of an English Court of Justice ; and submi•ted, that
this first exception would decide the case without
going any farther, as it was monstrous to suppose,
that such a division was !.town and established. He
the.; urge..! iv, the most dee isive manner, that these
legacies to the superiors must be considered :is gifts
to the Convent, and would therefore be consideled as
I lapsed legacies, the legatees being by law dead be-
fore the testator. He then cited several cases in sup-
port of these principles, and said it waz evident
frotn • hese the. they c -uld not receive a legacy. The
• Learned Gero.eman concluded by saying, that the
Vrhe'e of this money for the discharge of these le-
pew., partook of the oat of real estates, and
then ov the statute of mortmain could not be paid
to religious houses.
Mr. Ploos, on the part of the Defendants, took
an ,'sjeaion, that the present Plaintiff could not be
t', ,ierson meant by the Testator, as the will made
Jt n De Gamin residuary legatee, and this bill war,
filed in the name of Joseph De Garcin.
Mr. RUMILLY, in opposition to this, said, that
the ohjeflion was late ; and the Defendants, by an-
swering the Bill, had acknowledged the identity.
Mr. Picior then proceeded, urging many strong
arguments, and citing several passages from Coke
upon Littleton, wit `re it was stated, that a monk of
Normandy could bi ing an affion in England, it not
possessed here, and the. the superiors were not dis-
.. . iporal affr •, and receiving

_

conta;:led more centradiclory matter, of more use-
le.s vet hiag than this : however, all the atten-
tion he was able to bestow on it, had not induced
hint to alter the opinion he had before stated ;
namely, that the demurrer must be allowed. As
to these Defendants, he did not think there was any
pretence for the Plaintiff applyinj for a discovery or
relief; in his opinion, there would not he a greater
nuisance than a Court of Equity. if any man could
be called on through it, to lay the title deeds of his
estate on the table, for the nispeElion of the carious.
His Lordship then observed on the points of the
c ice ; and was of upinion, on the whole, that this
Bill w .s not more serviceable to the Plaintiff, as it
was amended, than it was before it was amended,
and th•tt therefore the demurrer must be allowed,
and the Bill disuni.sed.
BAKTE.LLOT W. n•WiCeR.
This was a derriurrer to a bill filed for the pups^
of perpetuating the testimony of witnesses. The bill
stated that the Plaintiff was married in May 1783,
and that, on his marriage, there was a settlemen:
of 1501. on Mrs. Bartellot, remainder to Plaintiff,
for life, and remainder, in fee, to the issue of the
marriage. The Plaintiff and his wile lived toge-
ther without having issue, until the year I7Bti, when
the lady eloped with Captain Hawker, the Defend-
ant. Sixteen months after this, Mrs. 11. was brought
to tied, Ina no anion was commenced against the
It-flodant, 1790, not was the divorce, a mows
r' 1798. This bill was filed in
1301, to perpi mate the tegimmly of witnesses, who
would prove, that there had been no access between
the Plaintiff and his wile, from the rime of her
elopement in 178 h, to the birth of the child, !ti
months after. The obje& of the hill was to pre-
vent the infant hereafter from assetting its legit;
macs,' and, after the death of the present Paintiff,
claiming the property settled on the issue of his
marri.tge. The Defendant demurred to the bill, on
cite .round, that the fasts had not been set forth,
with respell to the place where the Po. ntiff lived,
during the lime of the elopement, and the birth of
the child.
Mr. WI.TIii".ALL on the part of the Plaintiff,
submitted, that, in framing toll. to ~,o-petuate the
testimony of witnesses, there was no occasion to
state the whole of the rise, and that, in this in-
stance, it was fully sufficient to state, that the
Plaintiff's wife had eloped from Cauterlint y, and
that them wis no access between ttlem after, with-
out stating the different places where Mr. and Mrs
B. resided, before the birth of the child. H- ac-
knowledged, that is ni gilt have been clearer t.:
have stated it in 'rat moaner, but then the Defend.
ant could not be taken by surprise, as he had the
power or interrogating the duff,. —nt witnesstn; pro-
duced by the Plaintiff, relative :o the different
places the I.s'san land wife resided in. during the
sixteen mr,atil. :mmediately after the elopement.
The LAORD Cli st4CLLLOII said, there were some
cases of this nature, in which every particular had
been stated, but there were other cases, where tht:re
could be no occasion to go into particulars ; such as
that which was lately before the House of Lords,
where a gen'leman had been at sea for t•.vo yearsr—
and, on his return, his lady presented him with a
child. In thi., it was sufficient to state the nun-ac-
cess, the husband tieing at sea ; but, in the present
case, where both husband arid wife lived in En --
laid, he thought it would hav,t been but pauper. to
state, whether tar. y lived in the same town or coun-
ty. The fall to be proved. according to the state-
ment in the bill, was a negative raft, namely, that
there was no a< ems ; whereas, if it had been stated
that the Plaintiff was in one place, and his wife in
another, it would have been sufficient.
Mr. WILTHER ALL continued urging that the pre-
sent statement in the bill was sufficient, and con-
eluded by saying, that non-access in law cat: ird an
inference with it sufficient to establish the fill of their
net being in each tatter's company.
me LORD CHANCELLOR said, that formerly the
legal inference was, that non-access signified not
within the four WAS ; but that suppnsition is now
done away, and the present law considers that a
man may be within the tour seas, and not be near
his wife.
. .

Mr. AO•ll, on the part of the Defendant, sup-
ported the demurrer, and said the bill must evi-
dently fall, as it did not state the fats of the case,
and wkera the Plaintiff and his wife lived after the
elopement : by the statement in the present bill, for
aught he knew, the Plaintiff might bring witnesses
to prove that he lived in the same house with his
wile, without having access ; he therefore hoped
that the bill would be dismissed.
The Lean CH A scal,Lott said this was a very im-
portant case, and it was the duty of the Court to
pay attention to the rights of the minor, who, for
any thing that yet appeared, might be legitimate,
and consequently entitled to the property. His
Lordship men went over the different fads of the
case, and concluded by saying, that he thought the
best mode of proceeding was to give the Plaintiff an
opportunity, without prejudice to the case, to amend
the bill, and to permit the Defendant to amend his
demurer, or put in a new one, as he was advised
wheu he saw the amended bill. '

t

tireen persons who had lived so long tpgether in
harmony and gotacrhunteut ; tad, after many other
eloquens aad impresiive argmaknts, this gay de-
ceiver OcCeeded in perm iding Betsey, that it
would be quite sufficient to satisfy the neighbours,
it they were to declare, on their return, that they
had been martied ; hut, in order to give some ap-
pearance to the tale, it was agreed they should
walk twice round the church ; which ceremony be-
ing performed, they returned, as happy as turtle-
doves. Unforrtriately, however, the daughter of
Hobbs, and liek sey, could not at all times agree ;
and, in one of thei tfternoon's agreeable altercations,
from words t 1 e, came to blows, and Betsey was
near getting thz upper hand of her antagonist,
when Hobbs came in —and, in order to procure
peace, he kicked liotse) out of doors, and ever af•
ter reftre.d to take her in, or perform his promise of
marriage.
The Sitting Magistrate having, with great pa-
tience, heard the whole of the case, considered it
such et one as he could not well interfere in, and ac-
cordingly dismissed the parties.

Three pickpockets were apprehended on Sunday,
at the clout uf the Rum In Catholic chapel, Duke-
street, Lincoln's-Inn Field; They were yesterday
examine,l at the Public Office, Bow-street, and com-
mitted for further e amination.

N4V:11.-1.4-T-ELLIGENCE.

PORE SMOLTII, *u;.s

Sir Home Popham arrived yesterday, and took
the command of the Diadem, of 8b guns, from Capt.
Grant. Sir Home will sail in a day or two, for
Corstantinople.
Arrived from Gibraltar, the Amphitrite frigate,
Hou. Captain Boyle, with a small convoy.
Sailed the Defence, Goliath, Zealous, and Orion,
to join the Channel Rect.
the Terri6k, of 64 guns. Vice-Admiral Douglas,
Lord H. Paulet, will sail to-morrow to join the
Channel fleet.
Went out of harbour, the Mercury frigate, Sophia
and Rose sloops.
PLYMOUTH, AUG. 3.
Arrived the Malta man of war, of 81. guns, Capt.
Boller, from Sir ltobert Calder's t. which she left
on 1..% ednesday, the 3 tst ult. Toe I !ombined Fleet
had not got into Ferrol or Comma, but are supposed
to have steered for Cadiz; Recolul4naire Itigate ;
Woolverlar sloop of war; and the Harlequin hited
armed ship, from a cruise.
Also the American ship Franklin, of Boston. &int.
Dena, from Norfolk, bound to Bourdraux, laden
with cotton, detained by the Rewlutionaire ; the
Swedish ship Ceres, Capt. Bowman. from Orantania,
bound t 3 Ttmaingeo, laden with barilla, detained by
tie Last, Warre I hired armed ship; the Hamburgh
ibertar, laden with fruit, tobacco, and su-
gar, bound to Varell. detained by the Lady Warren
Sailed the Nytane man of war to join the Channel
fleet off Brest.
I' A L MOU AUGUST Pr.
Passed by to the Eastward the A - erican ship
Ficeuilin, Capt. Dawes, from Boston, with tobacco
and cotton.
Arrivra PE:y/04nm frigate from Plymouth;
also a rt. of vianallers from Plymouth for the
ri Chaot. fleet t and the Wraz'e sloop r.f war from
Portsmouth, to give instrultions to the vessels boand
to the Mediterranean.
The fleet hoond to the East Indies is still detained
by contrary winds.

R A MSO ♦UCCST 4.

Yesterday afternoon, the Countess of Elgin cutter,
Lieutenant Brow's, came into Ramsgate H arbour,
bringing under bar convoy five pr;zes. They were
taken about two o'clock yesterday !miming, a little
to the westward of Boulogne, viz. one brig, two
sloops, a small mitre, and a ;,.n: lugger. They
are laden piincipally nav el stores and ord-
nance ; and the' trig mnsily with oats. These ves-
sels are French tresports, arid pate ora. ;
of between 'tseentf and thirty sail. Mb: ere(
taken ty the in;u:irtniee frigate, Sir Thomas
stop,.9omssodtlre; Calton, gun-brig, and Ccuntear
Elgin cutvri part Zrf the in-shore squadron, 'and
were bound Rom Havre to Brmlogn4' About cute
o'clock on iaturday morning. this convoy was die
covered; it h ing exceedingly'dark,' the French
vessels had got further off thehl 'oust. • than they
were aware of, so that the Britt* cruisers got in the
middle of them, and cut off livte of them, before
they were seen. The first of t' ese, seeing the ene-
my, was by one of the luggert run foul of ; the
Renononse's signals, by bliti-dights, w'M then or-
dered, and the five vessels befote-mentioned were
captured; but, owing t s the darkness of the night,
it was not safe to approoch nearer to the land. Had
day-light appeared one hour sooner, there is nn
doubt but the greatest part would have been taken,
as our cruisers had got within the land of tile enerny,
before it was known they were amongst them.
There were ittiout I 2 men fret board each vessel,
but no soldier; a French ()cheer, an Ensign de
Vaisseau, was on board the brig.
Ramsgate is filling very fast—air l this season can
boast of a greater number of the N.rbility and fa-
shionable visitors, than can be remembered at any
formt:r time to have honoured this place with their

IT'S LIST.

Diana, —; Re.
'right ; Good Intent, B ,•
I the New Hope, Brobk..,
from Virginia.
from Gallipoly.
dation, from New York.
(organ, Howard, Crain New York ;
ieral Butter, Lake; mid the Sa
Odisant ; Atlantic, Brown, from
Ceres, Jarrett; and the Elisabeth,
Charlotte, Hall, from Virginia ;
-husetta ; Willhelmina,

TILE .F
_...--...
•
CORN.EXCHANG, Moreav, AlattsT 11.
The fresh impost. of Wheat' today ar., out lel , but lb .
supply is causiderabb., mostly of the late froe.gti arrs•AlS. F,,,
Samples
alny, with Malt
aintai'l
their
,flee; •.ther gnarlier art some who,
lea Baret and Peas same in midlitiggriantity,
rod vary but little in pace. Beane of each sort Cnnit slowly to
/owl, and fetch tuna price. W.• have large arrivais ut Oats,
which cause a reduction of ils and 31. per (4,,Arter. pie. Rape
Seed is arrived in considerable qoa,aitaus, goal Sales at a re,!..c
time quoted as per currency. Terns of Flow marl) a, Lot
week. •
CURRENT PRICE OF GRAIN.
Whew . 6Us 7g.. 109.. Bean. AB, Se, 0,.
rime d0.......1065. IRO' 04. TIM Beans ....Ain 9g.. yd
aye— 48. 52-. 04. Oats tes 90. .N. 0.1
Barley . 12.. 4111. Od. Potato's. ..... ...37, slit ..
Malt go. ems. o‘l. Rape 5ea11.......4e 44 ahs
White Peas 50r. 06s of Fine Flow .... 69. 9,k 04
Grew Peas 43: 47. 04. slo. mi. 00‘ s 04.

PRICE OF HOPs.
•4024. me xsn.
Kent 51 6. to 71 bs Kent
Sussex.....sl ..,. to 61 14s Sussex 51 5s ts 61 Is.
Essex 5l 5s to iI 14$ I rarolunt.....;l 0, to 81 0.
UM Duty 82,00:11.

PRICES OF HAY AND STRAW
SAT.. 111141 r.
IT 7 A MIS'S. WHITICH Pr. L.
H1P....._31 I, t M Vs flay 41 0; a 5' J
NC* Ol Os a 0! n. New 01 P. a 01
C1..ver......01 Oa aOIU j CI ever 4! I", aAI
Straw
Str 31 Os It 3I IR Straw .31 us a 31 lks

SMITHFIELD, AUo',i7 5.
To s .1k Om Offl+l.—pr. Stone
Beef 4s Id t..) 54 Od I Veal .42 Od to b+ 4d
!Maws . 4+ 04 to 4s 8d Po ..41 Od t. 5+ Od
Lamb 41 Od. to Ss. 4d.
liead of Caul.. this Day,
/1-1441, about 1, 00-...11h..ey0 and Lambs, 18,500.

NEIVGATE AND LP:‘DENI4I%LI. MARKETS
Ply sh• Carease.
3- 4.1 to 4s 41 I Vest. Ss 4,1 to 4s St
htutton....4is 4. to 4s 44 1 Pork
Lamb %. &I. t bs f‘d.

r ,ILE POCKS. YLiTILRDAI
3 pot Cent Reduced WI 39

3 per Cvnt.Consols
4 per Cent
5 per Cent. Navy
4 per C. ,J.l.o7aity
1.0,,V Annuities l7l 17
Oriii i in
i'ne:ish I.,,ttery Tickets .... .
CGes.,ols lir ......... ......
T. Dish, Stock 11r. kr, •
No 4, Combat. smi 9. Char Kg v.*

FitICP: OF IRISH STOCKS--JuLe 31
G. Stork
Gov Deb.:, p•r cent . 911
Gracd Canal UMW, 4 per cent ...
Ru_ of Cana l. Loon, 6 per eent 90 901

BIRTIIS.
On Friday last, in Oktucegter-plaee, the Lady oflwald
Fletehur, Egg moon.
Olt t olav senVitg at Fill, near Sonthamrton, the Lady
of Cal-tarn Wa:ker, of the Royal Navy, nt
L.t.gy, at the seat of her uncle, Levretve Cd maul St Log
Egg. at Little Font•oill, near Southatuptoo, Mrs. Fl yriet Al-
len, of a son and het., wh s, in all prob tb will iiihent the
whole of the unititailed e.-tates of the St .1.0 FAtii iIY•
Oil Vtro•ittes.liv, at ;lull, the Lady of Capt. Books, of the
2d Royal Surrey Militia, of a daughter.

MARRIAGES.
Oa the 27th ult. by the Rev. Henn Make.*ll, at Castleooote.
'de ;•ipt of therif reintare,.iiear , Cka,'es
Esq. eldest son of tb: Imp of Lsill Jr. add tatijor of
the 3d regimt ni of Ofaeor•ort, os.Miss Maria Lowr Coo),
Yesteraay t, Jn' ^ pt,addon, j:,,q. of New !ott,
Cornwall, -o Mnss F oigeon alsiat /laughter of Ric Laid hng-
don, Esq. of Holly° , ;keno.
On l'hursdav, a• Ilmeth.im, the Kiev Ric;: rd Cmtley, of
Moulsor, in the count. of Buckingham, A M to %tie Oe.
tails WJfiell, younvst (hotlines' of the late Joshua Oldfi.4d,
Esq. of York.
At St. Peter's. in the Island of Ilia •-• Mr Charles Fin'rs,
ascot 30, to Wive itaiantath J•i'ortn, sgr,l I J • ten '.."1"
that this couple are bokth'blind the sener was
shoot three years ago toe blithe -on.
DEATHS.
lan Sunday last, Wm. KOUill6 .n, Esq. Barrister. of the
Inner Temple.
v, Aka Jays since, at Portsmouth, Capt. A'hia Fergu,os. of
tl:• roa, 11artnes.
A .few qtr s 2:0, in her 124 fear. sin •erele lamented h•: he:
family Jua fiend M. 14 lir.r.c Wheakor, er a the
Rey. Mr. lNlsVaket, d neailaar n. near R-tro-rhant
_
Hkell WATER TOTS I) Y LON Otr.l. BRIDGE.
M0nt..... SS rola. whet IS n.... 17 nii". a !ter 11
A

SALES BY. A LICIION.
TO POST•MASTiRS, GL M ‘STERS, IT NCKNIX-
-116E14, A 0 till-IERN
By Air SADI.FR,
MIS DAY, Au ..,t 6, at Twelve n'enek.
AP. ‘.l It A BLACK 10T Gi.LI)INGS,
fifu•en ind a 11.111 high, Pi* years old, no, .t
haw's.; a reataik.ol y hanivome Ch,4l,U, Mare, fifteen handl
, live year- old, free from vire, a .t 4ui.st to ride, rt b!
Little Isaacs; • handle:no elvanut lift ^ n hands h:gti,
•ix ../0.113 old. sheen deal .4 10.4, an • o• at t'•ably quiet to
title; Furte.-it .4,oug useful Pot Flows 411.1 11111•.1,a,Ce *yen-
tv Mines of ration.; 1)e-eripti,nta ; and I,,ere Post OA ••••
They arc well worth the attention of the P..blka ca they will
be aryl I without retie; ye.
No Far enee of Autliwn ehatird on On• dre if 4 void.

TO GENTLEMEN, STAGF-MASTERS, TOWN CAR-
MEN, sec.
By D. SADLER,
the Premise of Meows. Stough and finches, ghee,
on TIRIRSDAV, Auirt S. at twelve =,,
PWARDS of FIFIY PRIME YOU Cy
DRAUGHT HORSES, law!), purchased from
Cmintry by Mown Bough andfor the use lv!
West lrvlia Docks, whleb beim( now completed, thry •
cold without reserve, and wili be Wood well worth to'' Arlen
lion of the publ.,
To be viewed on toe Plemian to the t'm of Sale.

BOOKS.
Be td•zurs. KIDRI mad Loctirr.
At their Cheat Room, King tarot, C tent (Led n, on Iktfr*
DAY next, and Two t;,flowi..g Dar, at Two.ivo o't ..o k.
A Collation of BOOKS in various Langn..ges,
A k and most bt,neltet of Lite...tore ;am went r
renlon's Histoly .1 t. • notsrlie.n, 9 L P Lack,. s
W,wks, d vols. Ch.r rweo, lli•t iaa's II ,ry
of Basbadoe., LP. Rapid. Log d Hea , war,.naa's,
1 II
5 villa. Roll. of PA liamont, R vol.
aula Russia, H tw,tes BritishSp avonan, 7.: Phi'''. r"'.
bury'. Ptates to Sh. . Iseare's Pr c 0.,(, %film./ Ant
nes, 4 sots Hunte's England, to vo'. Vitas, Crown
11,u. 24 cots lir tish E.4..vist, Leach's M..de-n
soli Monthly Rest-sr, nom the commesicenient; Heyoe'S
Vogl', 4 voila. he.
May be viewed Fa .day aid Saturday t,.. the Sate, and COr
lognes then had

- _
Li)8" '—P.illbod by GIWRGE IMVIDSoN, Na 0",
Wych street, St. (Cement's, and , .nc,l JOSAK
RYDER, the Office, No. IS, Back of St. Clement's
Church, Strand, when 0141/1111 skeePayer, arc. (roltla&I)
.ill be duly attended to. • •

1
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