The British Press; or, Morning Literary Advertiser.
London, England, 1820-02-05 00:00:00

THE LATE DUKE OF KENT.

Yesterday morning, soon after nine o'clock, the
state coffin for the late Duke of Kent, and the
uru, the body of his Royal Righoses, having been
embalmed, were removed from the wareroonss and
cabinet establishment in Mount-street, Grosvenor-
square, and placed in a hearse, drawn by four
horses, when it started on its way to Sidmoutli.
The hearse was expected to reach Salisbury last
night. The state coffin and uru are covered with
the best Genoa crimson velvet. They are richly
and tastefully ornamented with highly gilt orna-
ments, with the Royal arms, and U. K. on the
corner oruaments, the plate on the centre of the
cover. with the depositum engraved on it, moat
richly and highly polished.

Prince LEOPOLD, since his return from Sid-
mouth, has visited Isis afflicted sister. the Duchess
of KENT, at least once every day, mild generally
remains several hours. Her Royal Highness's
health, we are happy to understand, has not been
impaired by the fatigue and affliction she his tin-
dergooie. The Want Princes* V ICTURI A•ALEZ-i
ANDRINA enjoys excellent health, and takes a car-
riage airing in the park almost every day.
The Royal Cenotaph to be erected to the nit-
mory of the late Princess CHARLOTTE of WALES
is to consist of a group of nine figures, larger than
the life. sculptured in the finest Parian marble.
which tore in a state of considerable forwardness
from the designs and under the direction of M.
WYITT, The amount .tr the subscription for
this motional work was 0001. three thousand five
hundred of which has been expended iii its pro-
gress, and the remainder is in the hands of Messrs.
DitummoaD, to be drawn for u may be required.
The gates of the Court-yard in front of the Pe.
lace of Carlton House. lieu beets open throughout
the whole of every day since his MRS MY'S ticeet-
slots to the Throne, and every person of respectable
exterior has been freely admitted to the grand hall
to inscribe their names, We regret to learn that
improper advantage has been taken of this arrange-
ment in some few instances; several persons, whose
rank in life could not entitle them to such a liberty,
having inscribed their names in the book, which is
every morning laid before his M &MTV. Some of
these were discovered before they left the hall, and
their names erased in their presence. Since his
MAJESTY'S indisposition, the bulletin of his health
is constantly exhibited in the eastern lodge, and
any person is at liberty to see it.
At one o'clock on Weciroaley, *feu de joie was
fired by the troops in the Tower, in honour of the
KING'S Accession. The Union Rag was hoisted
during the ceremony ; alter which, •1 God sane the
King," was loudly pronounced by the soldiers and
surromidiog spectators.—The flag was then lower-
ed to the half-us at; as it will continue instil after
the olowquirs of our late revered Monarch.
The OrsAtorios at Covent-garden Theatre will,
in future. he under the direction and sole manage-
ment of Mr. BISHOP. the composer to that theatre.
Wass made from Straw !—Wheut straw may be
Melted into a colourleve glass with a blowpipe,
without any addition. Morley straw melts into ■
glass of a topaz yellow colour.
THE FRANKLIN MSS.—We are requested to
state, that the Memoirs of k. Frauldie, published
Crows lbesariginal MSS. bequeathed to his K. &whoa, are now
completed. by Hoe publication of /he Fifth and Sixth
Tultsupea, its octavo" amid the public are attsiord to perfect
their sots without delay. 'These awe Yoliinse• will be foment
to conlaio a vast •umber of carious sod origami! Papers, uo
a iner.eay sit interestiog mations.

.r
•

COURT OP OP CHANCERY, Wtorshoras,

PRIMLY, FESIIILIART 4.

WIIM

•The LORD CRANCELLOR came into Court at
half-oast trio o'clock, accompanied by his Honour
the Vists-Cii•vickt.Lon, who was accompanied by
hia Secretary, Train-bearer, &c.
On the Lord Chancellor's taking his seat, Mr.
Wilbraham administered to the 'trice-Chancellor
the oath of allegiaiice to King George the Fourth.
His Honour took the owls standing on the Bench,
the Counsel and all persons in the Court also Ina Kl-
ing. His Honour then withdrew, to preside in his
own Court. The Lord Chancellor also retired to
his private room, and did not return into Court for
a considerable time after; he was occupied until
half-past two o'clock hearing • motion in part, of
no interest except to the parties concerned, when
he rose.

His Honour the Nlssfsa of the Rol.r.s will take
the oath •f allegiance to-morrow (this day). at
twelve o'clock.

COURT OF RING'S BENCH, Wigwams:ea,
FRIDAY, FRIIIIVAIRY 4,
The Attorney-General, Mr. Lushington, Messrs.
Des!try, and Mr. Short, took the oaths at the open
ing of the Court.

BUTLSR P. WILD.
This was a question wising out of a policy of in-
surance which had beeu effected on a vessel wiling
with regular licenses to Cobs and 1.. Gaily, hay.
ing a quantity of dollars on hoard, out of which the
Commander lied thrown overboard 100.000, from
the danger, as was set out in the declaration, of
thei► falling into the baud. of an insurgent cruiser,
which was in chase of them. A demurrer had been
put in, to which there was a rejoinder.
Mr. CAMPBELL argued in support of the de-
murrer. The uuderwriters, he s.iid, ought not to
be liable, inasmuch as the declaration did ant state
that the enemy's was an overwhelming force, and
that the danger at the time of throwing the dollars
overboard was not declared or proved to be unavoid-
able.

Mr. Justic- BATLEY asked, if the capture of the
vessel, alleged its the declaration, did not imply the
worst degree of danger ?
M►. CAMPBELL thought otherwise, and that the
money, lied it bee', kept on board, might have in-
spirit►d the crew to a more resolute resistance.
Mr. Justice BAYLEY thought that it would have
been more probably a greater excitement to the
courage Of the assailants.
Mr. CAMPIELL then submitted, that the peril
by which u ship suffers. or is lost, must be specified
in the policy.
Chief Justice ABBOTT reminded the Learned
Counsel of the general phrase contained in policies,
of " all dangers whatsoever," &e.

Mr. CAMPBELL maintained that even that would
not cover the present case. He drew a diatinctiam
between those losses which are incurred by dun.
gees which are inevitable, and those which, like the
present, were caused immediately, grin fitment, by
choosing some other Mode of-i«.-or destruction, for
the sake of avoiding that which was moat imminent.
As to the first class of cases, he contended that
in a loss accruing incidentally from circumstances
not contemplated by the policy, the assurers were net
liable. In the ruse of Green v. Elmoley, where the
ship had been driven on an enemy's coast by n tem.
pest, and was captured, it had been decided that the
eosin mimes of the loss of the assured was not the
perils of the sea, but the perils of an adverse coot,
and the assurers were toot held liable, become the
lolls was occasioned by means wholly out of con.
sidenotion at the time of effecting the policy.
In the CM' of Jones and Smell, where the logo had
been oceasi dby a mutiny in a cargo of olives.
and many of them, from refusing fond and water,
had died, the cause of loss was helot to be wholly
incidental, not ■t all connected with the perils
against which, the ship had been insured, and
the assurers were acquitted of their responsibility.
other cases, with which he would not trouble the
Court, it had been held, that losses by worms. or
by rate, were not perils of the pea. of the same kind
as those against whicb the insurances had been
effected. In the case of Cullen 61111 Butler, where
an English man of war had by mistake fired into
an English merchantman and sunk her, it was held
that even that was not within the perils contemplat.
eat by the policy. The present loss was one of
the same nature, which had not been considered in
effecting the policy, and would not he classed with
any of the perils against which it might even be
inferred to guard the assured.

three points ou which the
meat had been founded were .
viz. what was, the effect of the
money to the auctioneer. uude►
of the ease? of the sum plaid was
a deposit. till it became known
parties was entitled to receive it,
lion of a certain fact, thee the Der,
to have paid it till that f set had
He thought the character of the
been determined in Borough and Si
he had been described as a stakeholder
been said, that he was not juatified
deposit out of Isis heads. tiII it •
which of the parties it belonged.
cases since decided in something
but they had rested on sp►cial growl
there existed none in the present
was to be decided COI the general
was of opinion that it was the dt
fendant to hold the sons deposited
ascertained which party was emit?
That had not been determined
previous to the commencement .
fore the statute of limitations was
and the Plaintiff was entitled to
The other Judges delivered their
same effect.

FORGERY.
Mr. Guaxsy applied to the
shew reuse why judgment should
on two warrants of attorney. The
behalf lie lied been instructed
highly respectable clergyman.
Lordships would psrdoo his fort.
any names as yet. The ground
affidavit was, that the aguish.
jointly with that of another gesitlemao
been possessed of large property i-
try, but who had• now left it '
which were intended to sem!. . payment
en annuity, were forged ; that he had not
written it, nor authorised any other person to do
so; and that he had had no concern whatever in the
transactions precious. The first intimation he had hod
on the subject was same time since, from en mimes.),
who informed him, since he saw his name to the
warrants with that ash* gentleman already referred
to, that two of the instalments, tg secure which the
werrants hail been given, were become due ; oii
which, thinking there had been some mistake in the
matter, he wrote to the gentleman comm
what had occurred. It was supposed that
bad the instalments paid himself, sr his
no more ou the subject for some time.
however, be was told by the attorney, that
was subscribed to these instruments, Hr
that he was entirely umonnected with,
rant of them. The attorney said that I
take no new step till the 19th February,
clay the next instalment became due; but
less the matter were mentioned in the
in court, be should then be compelled
for its recovery. The instruments had
spected, and they appeared es they had
presented, but he had the affidavit of the
man to the facts he had mentioned. and its
witness to the instruments. a schoolmaster.
posed that he had attested them at the request ,
the other gentleman who had passed them. but
that he had not seen the clergyman write his pease.
gale granted.

COURT OF COMMON PLEA;
hum, Fsiptimair 4.

Mr. Serjeant Laws moved for e conditional
rule on Richard Peter Smith, an Attorney
the Court, to 'hew cause why the said Peter
Smith should not be struck off the Rolle pf the
Court. The facts on which he moved were these
Mr. Smith was Attorney for an individual who we.
taken into custody under process of the Court, aartt
he prevailed on a clerk in his employment to pas
in his name as oue of the bail of that individual
The clerk made an affidavit, stating that he was not
the clerk of Smith. The matter was referred
one of the Mastery of the Pleas side of the Court of
King's Beach, who reported that ■t the t►me the
bail was the clerk of, and iq the employment of,
Mr. Smith.

I .

e Lwow(' Counsel•* urges
were resolvable into one.
t or the payment of the
, wader the cit.( unsstances
psid WWI in the notate of
known whit h of 1144 twa
ceive it. on the determine-
s the Defendant ought nu•
f set had been ascettaisied
er of the hodioueer bad
ugh and Steinke'', iw which
a stakeholder ; and it had
of justified in paying
▪ it we, wade clear u•
elosiged. Three had bey..
Whin of a differeut
p►cicl grounds. Of thew
present lust:thee. and ic
he general principle. II -
was the duty of the Ds--
deposited tell it had hero
was entitled to receive N.
mined tdi ',Ohm Sill years
cement of the suit, there-
colons was not applicable,
Weil to maintain it.
'veered their opinions to the
to the Court for a rule to
rut should out be set aside
ley. The person GU wisest •
strode(' to apply, wee a
yawn. but he hoped their
his forbearing to 'sessile,
e ground disclosed in his
sagiseture of his name
ether gentlernau who had
•,e property in the CUU
left it to the warrant*
s secure the lament of

minuisicating
that he Own
client heard
A fterwards,
at hi• name
soured him
h, and 'gigo-
t he should
F, on which
but that on-
! mean time
rf to proceed
id been in-
■d been re-
the clergy.
II that of Oar
'ter, who de.
r►goest of