The British Press; or, Morning Literary Advertiser.
London, England, 1826-01-23 00:00:00

LAN' NOTICES.

This day beginstory_ Term.
•
ROLLS COLIRT.
RPMAININO PICTITIONS TO DC BEARD TO•11ORROVII
EVENINO AT sm.
befirandr Lei:and I In Re Kingsbury. Quelch •v. Farquhar
Robbins v Prior 111•Ies v Miles cholerton v timing
Binningum r Bar. Newton • Manning Pilkingtou y 401 th
wood I Samuel v Samuel

COURT OF COMMON PLEAS.
11471DOLESEX CAUSES TO Di TRIED AT THE EIIST
SITTING IN 1111.411 T TERN, 1.6100:ROW.
I
Davenport v Ward Qtfixley v Burn and, bars v Davies
Kerslake v Robson another I Oarrattv Ilitekthorpe
Revell v. Revell Chester v (lavers and I Itlarkett v Gibbs
Sinai: v Pigeon others Eames v Althorn
The first sitting In London will be on ‘Vednestlay next at 12
o'clock.

LAW I.\"PELLIGENCE.

COURT OF CHANCERY, SATI:IMAY, JAN. 21.

The Loan Or A!ICET.I.OII not being sufficiently recoverted to
take his setit in Ow Hall, an intimation wa.s given by one of Ins
Lordship's officers, that his Lordship would proceed to busineot in
private room ; but as that room afforded buLvery lhnited acorn-
modstion, it was particularly requested that norm but those who
had business immediately before his Lordship would present them-
selves for admission. Ilia hardship bore evident marks of the se-
verity of his late tittack—his right hand impeated nearly useless,
ana his lower extremities still suffering under the influence

of gout.
Ilia Lol'o3lllp intimated his intention of hearing any special
motion. when he nowtl proceed to the cause petition paper. His
Lordship mid he should take Barker and (lefty on Tuesday, and
that -having read all the lunatic petitions during his indisposi-
tion, be should devote Wednesday to the disposal of them.
A CHRISTMAS BANKRUPTCY.
The SOLICiTORMERERAL (with whom was 3lr. 310STATV)
applied to his Lordship to suilcrsede a commission of bankrept
which bad been taken out against a person resident in the city of
Oxford (bat whose name did not appear in the statement or the
Learned Counsel) under the following circumstances :—Tios.pe-
titioning emulator had called for a debt of sixty pounds on an even?
ing immediately after Christmas bay, and was told that his debtor
was from home ; be proved that that denial was not founded in
fact, and • conuninion issued in consequence. The Learned
Counsel stated to his Lordship that athilavitn had been filed by
the bankrupt and his wite--the former awrarizet asto his capability
to pay all his creditor, twenty stilling, in the pound. and the latter
accounting for the denial of her husbeed on the evening in question
as follow.:—That the door of their house had bzei; assailed all day
by persons requesting " Christmas-boxes ;" that at length she was
tired out with the repeated visits of persons so employed in " box-
ing," and-that she directed the servant, in cage any one else celled,
to any her master was from home. In obedience with these direc-
tions, the servant, mistaking the petitioning creditor for a " mixer,"
on his inquiring for her master on theeveaing in question, gave
the denial which led to this application toltie Lordship.
His Loasaseste was pleased to grant the motion.
SINGULAR QUESTION OF WA RIYSHIP.
Mr. N%rnirstansit applied to the Court on behalf of a gentleman
who had married a young lady (the names of the ma.-ties did not
transpire) who had been ITIMie a mod of the Court. He (Mr.
Whitmarsh) had to ask of his Lordship that the personal appear-
ance of the gentleman in question before his Lordship might he
dispensed with, until after the affidavits of the facts of the case
were put in.
Mr. KNIGHT mid he was directed to watch this motion. A
bill had been tiled, in the name of this young lady, as a single
woman, on the same day on which the marriage Ind taken place
In Scotland, and the question turned upon the point of time. If
the bill was filed after the hour at which the marriage hod taken
place, she conk! not be a ward of the Court. When the affidavits
were received, they would show, most satisfactorily, that the bill
Rat filed some home after the;niarriane.
L His LORDS!!! p said, as the funds were in Court, no injury
t would be cone by granting the motion. His Lordship said It was
a novel caste, and suggested that the affidavits should be drawn
with much exactness.

POWELL C. YOUCIIETT.
Ilia Lonnsine raid that an application for a commission of re-
view had been made in this case. He had felt very strongly the
necessity of informing himself of all the circuit:storms of the mac,
sad he believed he could say that lie could repeat the whole of the
evidence, from the beginning to the end, which had been adduced
in the cause. His Lordship said it was nn application for a coma
minion of review, to be ordered by his Majesty in Council, for the
purpose of reconsidering the sentence which had been given by the
High Court of Delegates, confirming the jndgment of the Judge
of the Court below and the question was under the circumstances
whether he (the Lord Chancellor) was to advise the granting or
withholding the commission in question His Lordship then went
through the tins of the case as adduced in evidence in the Courts
below at great length, and which have alrerdy appeared in our
paper, proving as he went along front the evidence that the codicils
of the 17th May 1813. were in accordance with the tenor of the will
of 1607: and that the will of the 18th May 1813 was wholly at
variance with it. His Lordship said that previous intention must
operate powerfully, and hare great weight in a rase of this de-
scription. He (the Lord Chancellor) had one case very strongly
impressed upon his mind, in which the intention of the testator,
as conveyed to a friend at s former period of his life, had most de.
cidedly supported a will made under eircumotances which but for
this confirmation perhaps could not have been supported. though
containing& most rational and praiseworthy disposition of his pro.
perty. The name of the case was Coghlan and l'eghlan, In which
fielthe Lord Chancellor) had been of Counsel when the case was
argued before the High Court of Delegates. The Testator in that
case was a respectable vatic:moan at Me west end of the town
whose premises were destroyed by tire. The domestic calamity he
suffered in consequence reduco. him to a state of insanity,
and be became an inmate of a receptncle for derarged.pernons,
and in a lucid interval he made his last will and testament.
Dialogs former period of his life he had lived on term; of intimacy
with It highly respectable gentleman of the name of Wintborpe,
nod this gentleman proved that he had frequently held conversa-
tions with the-deceased on the subject of his testamentary inten.
tions, and that those intentions were fully confirmed by the will
made at a omits& so long subsequent to those conversations, and
under the eircurainancea of derangement of mind arising from the
causes stated. The High Court of Deletion held that the will
mimede confirmed by evidence of pievious intention, was to all in-
tents and purposes a good and valid will And entitled to probate.
On the subject of capacity, he (the Lord Chancellor) was clearly
df opinion that the deceased (Mr. Litchfield) was of sonnd memory
and understanding on the 17th May, 1713, when the codicils were
made, but that he was not so on the following day, when the bet
paper attempted to be set up as a will was übtained. His Lord-
step said that the granting of a connnisaion of review rested in
the grace and benignity of the Sovereign, and therefore. it was
not for him (the Loot Chancellor) to anticipate what the Crown
in the eiterche of those attlibutes would determine. There was no
doubt, however. that the report mode by_ hint (die Lord Chan-
cellor) would Mn ie that determination. His Lordship said that a
commissiou of review could not be recotnmended. unless aotnellsing
erroneous had taken place in the former proceedings. Nothing of
the kind had been argued as to the conduct of the .Tudge (l;ir
John Nichol!) who first decided the case. As to the proceedings
before the High Court of Delegatee, indeed, it had been objected
that one of the Common Law Judgestisoled to sit had nut done
40- This circumstance he (the Lord Chancellor) could not con-
sider as a matter of any moment. In coachicion, his Lordship
said that lie had that dry forwarded his report to hitt Majesty,
through the Lord President of the Council, humbly advising his
Majesty, that no grounds had been made out tut granting the
oomittiasion.
On the question of costs, as asked by Mr. Popp, his Lordship
said he had no jurisdiethol.
tNT Tut SUTTEE or NETMEL 110SrITAL.
Mr. HEALD,' with wheat was Ale. Rose, said that he appeared
in support of a petition filed by the Steward. certain Aldermen.
and the 0 4114ifM16 of the Poor of the city of Norwich. to appeal
against an order made by.the Viee•Cliancellor upon the Minter's
Report ea to the management of the lunatic asylum, called Bethel
licopita: in the city of Norwich. It appeared from the statement
of the Learned Catineel that the liosplod in question was founded
in the year 17141 by the widow of a gentleman of the name of De-
I tied, to which die was prompted hy this eircumstarce, as stated in
her bequest, of several of her relations having laboured under that
dreadful malady. The overseers of the pear of the city of Nor-
wich contended that they had a prior right to the savontage% of the
ildtpital over all other persons, for the maintenance of such poor
who wen insane, whether curable or incurable, Red alleged that
the okset of the founder was clearly. to support such lunatir,'
within the city in preference to all others, and thst none other
Were, to be taken into the establiehment while the poor of Nor-
wich thou hl supply objects for this bounty ; but, should that not
be the en.,:. then persons from the neighbourhood might be rat
mind etc their friends or guardians paying a. carotin sum towards
their "import. The petition fertior alleged that the Trustees of the
hoapied had refused admittance to two incurable poor lunatics, one
of whom, hoot the cant of that security and attention which thel
hospital affrled, and which was net to be found in the poor-house,
had committed suiride. and that the Cosonittoe had admitted per-
sons inhabitants of the county in preference to the poor insane of
ode city of Norwich.
• His Luttostsie aaked what was the amount of the funds of the
charity.
Mr. HART mid that his Lordship weedd ace front the will of the
%meet, which ha begged to hand him, drasthe original sum lic-
treade it by her was :SAW and that simee•thlt period various
uooatione had born made, making in all the sum of 10.4100 L,
air. 1.11..U.D. in cordieuatioth said thot the.petition :ante before
the Vice-Chancellor in March. 1A22, and his llonour said that the
Crovertion of the Hospital had the pnwee.of 'ejecting Wearable
lunatics; the ;Batter's report regulated the adenomas of fanatics,
best as to the poor of the cite of- Noverichr then ao to. persour resi-
deat in the ceutety, and then as to itiliehinata of. the etty. on pay.
ing a certain aunt for their maintenaace, Bed giving security for
their removal if ordered by the Governors, or in the event of death
for the payment of the funeral exposer.. 'Alt. Heald stoncieded by
urging the right of his clients to the advantages ot, site asylum ea
behalf of the poor; hpothe poor Issl meant ildrdrui,e, wale 40111
61.1 ill the eye of the law.—titom wonting sooport from the parish
being lunatics—whetitee curable. or ;twit:obi,. •
Alr. HART was heard ou the 'petition of the love and Tres.
tees of the Hospital, who objected to that part of the order of the