The British Press; or, Morning Literary Advertiser.
London, England, 1818-12-19 00:00:00

in the Park were stripped of their foliage, and 1 ~d
become complkely rotten, were thew to stand ua a
nuisance? Would the Learned Counsel for the
Nandi& contend that the estate ought to stand
precisely in the same state as when it was granted
by Queen Anne
The Vic e-Cu ANCELLOR—" They must contend
that, for the meaning of the deed of gift is, that
Blenheim was to remain in the same state as it was
possessed by the first Duke of Mailhorough."
Mr. BELL, in continuation said, then they must
contend that the Noble Defendant had not the
right to make any improvement on the premises.
It was well known that the fashion of carriages was
much altered in modern days from what they were
in the time of Queen Anne. and according to this
argument, his Grace could not enlarge a coach-
house so as to admit a modern carriage in it.—
When the gardens were laid out, it was well
known that the Dutch fashion prevailed, that
of trimming trees into grotesque figures.
The Vicii-Ctiatictat.oa—t, The greatest ornis.
meats made at Blenheim were in the last reign,
which must have been in contravention of the deed."

Mr. BELL then contended that there was no right
in the Crown to authorise the interference of the
Attorney-General ; the Marquis of Blandford was
a Plaintiff, to contend for what, if granted, would
disinherit himself by making him a tenant for life
instead of a tenant iii tail. The bill had been
amended to make Mr. Agar Ellis a party, the
son of the sister of the Noble Defendant ; but
how he was interested he had vet to learn.
He supposed it would be contended, that the
Noble Defendant would, if the itijunction was taut
continued, level the mansion to the ground, and
that every Englishman would he angered that such
a monument of the coutittl's victories should be
destroyed. Would it not be better to trust its
safety to the honour of the owner in possession,
than for the Court to interfere? He knew no case
tantamount to the pre►ent, except that of the heir
of a lunatic couni.g to the Court and saying, '• I
want to prove the marriage of my father sod mo-
ttles., and there is but one witness who can prove it,
sod he is feeble and in advanced years." The
Court would not listen to such an application, for
which reason it ought to allow the demurrer and
dismiss the bill.

Mr. Waarand Mr. ilasisoN followed on the
same side.

The SOLICITOR-GENIRRAL, Counsel for the
Plaintiff., said, that this was s qtvestion of great
importance, inn only to the parties but to the peon
pie of the country at large; for it was, whether the
Duke of Marlborough,•or any subsequent one, had
the right and pinver of pulling down a splendid
monument of British gratitude for the unparalleled
victories of his ancestor. The demurrer must ad-
mit, for the purpose of the argument, that the
Noble Defendant had cut down the trees, snit he
had a right to contend that they were plaided in
Queen Anne's time; so he was not driven to the
resource of saying that the Defendant might level
the mansion with the ground.
The VICE-CHANCELLOII—" It is tile Usual time,
Mr. Solicitor, for the Court to rise ; I will, there-
fire, hear you on this case the first thing in the
awning."
Further consideration postponed.

Lord mitstNcrom v. the Earl of PORTIIORE and

OTHERS.

The SOLICITOR-GEN BRA L stated that this wigs
bill tiled against the trustees of the marriage settle-
'nein of the Earl of Portmore, praying that the
Court would decree that they should forthwith grant
leases of the trust estate, which they had refused to
do, to the injury of the tenants and of the estate.—
To this bill the trustees had demurred, on the
ground that they were vested by the trust deed with a
discretionary power to act as they thought proper
relative to the grouting of leases. Therefore the
Court had no jurisdiction, and the bill ought to be
dismissed.

The VICE-CHANCELLOR —" I am of opinion
that the Court has jurisdiction. It is certainly pro.
per that trustees should have ts discretionary power
to act for the property vested in them by the trust.
deed ; but this Court will not permit them to use
it in an arbitrary and capricious manner. Therefore
1 have no hesitation in overruling this demurrer."

COURT OF KING'S BRNO', GutLpHALL,
Fit;DAY, Diessaata IS.

Siftlegs Riser Michaelmas 7'ernd, before Cldief
Justlce ABBOTT, and Common Jurses.

ASSAULT AND FALSE IMPRISONMENT.
STAIGHT V. G€ and MILVV.R.

Mr. M4RIITATT stated, that this was an action
in which the Plaintiff, • reepeciable tradesman, re-
siding in East Harding-street. sought to recover a
compensation in damages. for a very gross assault
and false imprisonment, committed on him by the
Defendants. Gee wits the landlord of the Cock
public-house, at hackney, and Girver was the con-
stable or beadle of that parish. It would appear
from the evidence, that, on the sth October last.
Sleight, accompanied by a person of the name of
A listey, a livery-stable-keeper, in Carey-street.
went down to homerton, to look at • horse a hirli
the Plaintiff had at grass there. In their May back,
they stopped at Gee's house, for the purpose of
taking some refreshment. They wishial to have
some berf-inealis or mutton-chops, and. as Gee
had none in the house, they gave him a pound-note
to procure some. Gee examined the note, declared
it *ass bad our. and inquired whether Plaintiff and
his friend had another. They produced a second
note, which he also pronounced to he a forgery—
and stated that lie would keep them both, until he
could positively ascertain the fact. Accordingly,
notwithstanding they offered to give the most re•
bpe ct 6 hI e references to their characters, he refused
to return either of the notes. The Plaintiff and
his friend then consulted together, and determined
to leave the house, for the purpose of procuring a
constable to aid them in recovering their property.
They had proceeded but a few yards, when a mem-
aenger overtn..k them, and demirrd them to come
hack. As they supposed that Gee had repented
of Ilk colididel, and wished to reetpre the notes,
they returned. They were ►mmediately taken into
custody by a constable of the name of Marry, us-
e:stet! by the Defendant, Girve►. Plaintal and
liiiyouisibiteitits, shord that they were willing to stay
until it was ascertained whether the notes were good