The National Register.
London, England, 1823-04-21 00:00:00

Ldif" INFELLIGEXCE.

COURT OF KING'S BENCH.
WEDNESDAY, APRIL
Mr. Justice !Wimp' sat this day to hear motions before the
arrival of the other Judges.
Soon after one o'clock, the Judges came into court and took
their seats with the formalities usual on the first day of Term.
ST. SISSY, NEWINGTON.
The Solicitor General moved for a rule to skew cause why a
ismadaniver should not dune directed to the governors and
ventilat; of the poor of St. Mary, Newington, and commanding
them to call a vestry for the purpose of nominating eight persons
imollie.-rs of the poor fur the present year: also to elect twelve
guardians albs poor, who are to go out of office.
Solicitor General stated lint a vestry was lieldat Easter,
for the election of pariah officers, but in consequence of dia.
;lutes and opposition, no election took place. The lime allowed
by the Act of Elisabeth for the said elections having expired,
the parish was left without officers unless the Court granted the
mendawars. The Court granted • rule to skew cause.
.4.1, ON TIRE DEMISE OP POPPLIMON AND OTHERS I. /c'
stiortoy.
Mr. Brougham moved to set aside the verdict in this case.
on the ground that it was egainst evidence. It was an action
of ejeettnent tried at the last assizes fur Yoik before Mr. /make
BA) ley. Certain premises laud been demised by a lady mimed
Mary Birilsaw to the defendant in fee. Au ejectment was
broaght to try the validity of the demise. lEvidenee was
'Wed to prove the insanity of the testntria. A surgeon who
had never seen Miss Birdsaw from 1811 to 1522, deposed that
alio was insane. The will under which she demised the properly
was made in 1821. During the years between 1511 and Iti22,
the witness had never seen the testatrix, yet he swore from
recollection that the lady WAS insane.
Mr. Justice Bayley.—" It struck ma at the trial that it was a
settee which might have been decided by arrangement between
the parties."
The Court granted a rule to thew cants..
TOW:AI/AY, APRIL 17.
This case aros•• from us application made by Mr. Brougham
in a former term svainist Mr. Carr, • solicitor in extensive
axactice, sod. one of the ollizers of the Court uf Charmer,. on
Jg a gets... Alan —.els and his eon, The Mikhail
of Mr. Sandi stated, that his son, when 16 years of age was,
received into Mr. Canes °Me •, on the terms that he should
serve fur a year, and at the end of that time he articled for tire
years without a premium. At the expiration of 14 mouths,
Mr. Carr professed his readiness to fulfil Ilk part of the engage-
aunt ; Mr. Steely% supplied money for the payment of the
stamp duties, amid articles were prepared, and eaecuted in the
office of Mr. Carr. The applicants farther demised, that con-
fiding in the honour and integrity of Mr. Carr, and regarding
him an laeir professional adviser on this oncasion, they drd not
read over or inspect the articles which they executed ; but
they hetieveid the engagement to he to Mr. Carr himself. To
their astonishment they afterwards found that t articles were
eseeuted to • Mr. Cole, for whom the young man performedoo
species of service. lie had served three years iu Mr. Carr's
office, and as the statute requires, before the admission of a
eery claiming to be allowed to practice as an attorney, that
lie should make affidavit of five years' boas fide service to the
'nester whom he is bound to serve, these three years of ultetid- I
mice were entirely in vain. The Court theri, on the statement
uf Counsel, granted s rule, calling on Mr. Carr to show cease
why he should hot repay the money expended for stamps by
Mr. Sandy', and to ans. sr the matters alleged against him.
Mr. Scarlett now showed cause on behalf of Mr. Carr lie
aid that Mr. Cur warimost willing to make a fair and liberal
recompense for the unfortunate result to the putter man, ahliongli
there WAS nothing io the whole transaction which' could throw •
stain on kis honour. Ile would article the young man to him-
self without expence, mid pay him • eatery, or take any other
mouse which 'night be thought most conducive to his interests.
Mr. Brougham expressed a wish that the imaa fide service
in Mr. Carr's °dice could be taken as • portion of the time
which Mr. Sandy's, jua. must serve previous to his admission.
The Court intimated that they had no power of this kind, as
the set imperatively required an affidavit of actual service
under the articles to the proper master.
It was finally agreed that the whole matter between the
parties should be referred to Mr. P..rk.
The Lord Chief Justice.—Now that this rule is disposed of
Mink it right to say, that if, after this case has been thus
before us, an attorney shah article a clerk to another, with the
intention that the service shall be performed with himself, he
will be deemed guilty of great dereliction of duty, aod will is.
our the serious dirpleasuroof the Cent t.

I'IIEROGA*I IV E couwr.
ItuAKEsos W. CUMNINUHAI4.—.I..IIIIW3Sa guanine
116 to the atlitinstitility of three codicils as pail co. the will
of the late John Robley, E.q a Wes,l India merchato,
e 8
21• was estimated at 2U0,0001. who died iti
tl'2l. at one of his
estates in Midd'esel. It api.e:recl
ttsm Mr. Robley w tile the three codicils iu gorsiion an-
t, cedent to the year 181:, and in ihein he made pool-
Pions, oulepenttetilly ui the provisions for Ilia Mesa fill
faintly, for set eral natural coildren, tor the seteral mo-
thers tvdn shorn lie turn culiabited,lur afs ninny other
iiiratits nut recognized by toe law, as he 'night lirredier
hate, aad appointtog Mr. the inistt e and
gnartluan to them. 10 the last collet %%loch he made to
his will, lie said, " 1 hereby colifoiti, as pact of iny will,
lVte two codicil:, of the dates of 181 V and .8`23, without
tnentionilitt the three codicils in citiesticii, winch wet*,
antcectleot to those cuJieiis. it %els there:ore coofroded,
Irons his t•pecityive, co particularly the lather illel3.,olittl
that he only storinsouttl them as part of Ills
ill, and that the three iii gthsticm, ikon% out
ivavtoi
been mentioned, were by implication rel.o;:t-O.
Sir J. Nichnil, lets s,-titcnce, said, it .I,l,eareill that
the three codieikw goestion hid hero mutitaly ex, voted
and atteSttli. Nine, tp•lore suck littliollielits J 6 thew
Inccould rooked by a Court of I. sty, witen trey it uul not
two' expressly retoked by the testa:or, the aallwus rrs•
consult. or tolruhuuto retOke 1111Ist be clearly made UM.
the hiteo ono al the (e 1.101 time appeared no
deuce to rove that lie meant to depute his natural
thililien to the pri.e.siini lie nestle for them, and the do.
convents nowt theielore be considered and remain
Tile di cision esiablt,hes the right of his noose sssss s
West India wises and ehlldren to very large anumbes,
od of his slaves to a 1 res tit ul lOU hod,sheads of
tobacco,

PALACE WURT, FRIDAY, APRIL 13.
NUDISM V. J 10111/}AKINS, t,SQ
1..11141C1. aCiloti to recuetr the
sum 01231. 4s. 10dffyits:reshaviits urnished by order
• .
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