The Sun.
London, England, 1830-12-01 00:00:00

quite satisfied that the fires are the work of the pea-
santry. In the following Paper, issued by the
County Fire Office, tve have the practical know-
ledge of the Directors of that body, which leaves
not a shadow of doubt as to the fact that the evil-
doers are in the neighbout hood of the fires
" The 'assassin-like spirit of destroying property, by se-
cret firing, has continued and increased to an extent which
is disgraceful to tLe name and character of Englishmen.
The little exertion which has been, until lately, used to
detect incendiaries, has encouraged them ; and it is much
to be feared that they will not lay aside their malignant
gratifications, until many examples of the severest ven-
geance of tl e law have destroyed their confidence in im-
punity, said have filled them wilt the expectation that
death will be the consequence of their crimes.
• " The detection of these diabolical miscreants ought to
be the constant aim of every honest farming man. They
are his worst enemies—by the destruction of corn, they
increa'e the price of his bread—by consuming the farmer's
property, they disable him from giving employment—by
their secret and cowardly vengeance, they cast a Stain on
the character of the peasantry, which deprives them of that
sympathy from others which their real sufferings would
otherwise ensure. The great rewards now offered for a
discovery would secure a competence to any man who
should, by watchfulness and sagacity; be so fortunate as to
detect one of the miscreants.
" The stories which are in circulation about chemical
compositions, and strangers' of genteel appearance being
observed, are, in general, false and visionary, and tend to
lead persons off from a reasonable line of investigation. In
all the cases which have come under the inquiries of the
County Fire Office—and they have been very numerous—
there has been a moral conviction that the evil-doers have
been living in the immediate neighbourhoods of the firer,
'and were of the loWest class--thieves, poachers, loose idle
fellows—WhoM no one would employ if be could help it—
'men whe have improved in the art of doing mischief in
gaols---some;-under a spirit Of revenge for a supposed in-
jury ; others, apparently, from no other motive than hatred
toward the possessors of large property. A few caws have
eecorred in which women,, and even children, have been
Found capable of committing these acts.
" Whenever an incendiary fire occurs, the houses or
haunts of persons who are 'objects of suspicion should be.
gone to: and an examination be Made, if possiLle,
whether.' they have -any phosphorus bottle, gun-
powder, touch-paper, of turpentine, about them; and
inquiry should Le made where they have been for
some time previously. If not present, their return should
be watched, when they should be immediately eta-
mined. No incendiary fire should. be suffered to pass
over without en active inquiry—spmetbiog in the man-
ner of Of a coroner's inquest, All persons nearest to it, at
the time of its breaking out, should be invited•to come for-
ward, and tell all they know—ienocent people would do
so without fear; and the incendiary would fear tnditein-
guish himself, by' staying away—and, offering himself for
examination, an' acute examiner, not adopting the- foolish
practice of cautioning the culprit against speaking the
truth, would be very likely to discover the truth. Sus.;
piciaus persons, lurking near ricks or .barns with-
out any apparent good reason, should be stopped, and
►earthed for combustibles—an honest man will not object
to this in these times. Some little expense, in payment*
to deponents for loss of time, And some for collecting and
inimiting evidence, will he necessary,; and the time and
determination of the Magistrates must be put in requisi-
tion, to give effect to these inquiries; but these are times
in which sacrifices and exertions must he made by all who
,►would avert greater evils than those which we are now
suffering." _ _ _

Such is the working of our boasted Rural Insti-
tutions. Every parish contains gangs of thieves,
poachers, and other vagabonds, ready for all sorts of
mischief.—Morning Chronicle.

LAW INTELLIGENCE,

ROLLS' COURT, Nor. 30.
WINCIIELSEA V. GARRETY.

This was a petition for the purpose of obtaining a
direction for the Master to review his report, and
pursue his inquiries directed under a former order.
The case arose out of the will of the late Duke of
Roxburgh, who had devised, to trustees, for the
benefit of certain individuals, all his Scotch estates,
and also certain real estates which he had died seised
of in England ; the validity, however, of this will,
had been contested by • Ladies Mary stud Essex Kerr,
the sisters and heirs at law of that nobleman. The
only real estate in England consisted of a house in
St. James's-square, to recover possession of which
tke heirs-at-law had commenced an action of eject-
' ment against the devisees under the Duke's
It had subsequently been agreed that the house
Should be sold, and the proceeds invested for the
benefit of the successful party in the bank of Messrs.
Coutts and Co. The devisees of the Doke of Rox-
burgh, and the residuary levees or the Ladies Kerr
(both of whoM had died), agreed to compromise the
matter by dividing the invested fund, which, by
accumulation, lied amounted to between 30,0001.
said 40,000/. To this, application had been made
to. receive the sanction of the Court, and it had
accordingly been referred to the Master to report
whether the compromise would be advantageous to
all parties concerned. Subsequent disputes, how-
; ever, having arisen, Sir Robert Vaughan, one of the
residuary legatees of the Ladies Kerr, was induced
to withdraw his consent to the compromise that laid
been proposed, and the Master having refused, in
consequence of this withdrawal, to proceed with his
report, the petition prayed that he might be directed
so to do,
Ills ilosoun'said he could make no such direc-
tion, and that even had the Mister reported under
the order that the compromise would le to the
advantage of .all persons interested, he (the Muster
of the Rolls) should not confirm that report, be.
cause it was obviously to the disadvantage of the
sesiduary legatees.

In the course of proceedings an issue devisavit vel
rum had been directed by the Court for the purpose
of trying the validity of the Duke of Roxburgh's
will. The Jury had found in favour of the will, and
upon application a new trial had been granted, in
which a similar verdict was returned. Another ap-
plication was made, when his Honour expressed
himself extremely dissatisfied with the verdict, and
a. third trial wait directed. From that order an ap-
peal had been made to the Lord Chancellor, by
whom the order was confirmed.

His lIONOTIR remarked, that he had conversed
with the Learned Judge who had tried the issue,
and he had no doubt whatever that the verdict was
agaitist evidence. The Jury did riot consider the
effect of the statute of frauds. They were bound,
however, to tale the law as they found it, and Hot
to speculate upon its propriety.
Mr.• PFAIIIEATW4 observed, that the issue would
perhaps be more fortunate before a third jury.
The ISlsmot of the RoLts.--It would be a new
case, after three trials, to refuse to act wording to
the will ; but if ii were not a new -ease, - Fuertainly
would refuse to act upon it. It is clear to demon-
stration that the will is lint valid according to the
provisiomi of the statute of fronds. Every Judge
who has had to consider it, is orthe ealtiC opinion;
still, however, it would be very awk%ard to destroy
the will agsinst three verdicts;

COURT OP KING'S BENOIT, Nov, 13(L
WIIAON SNIVIV.

This was an action by Mr..Vilsein, a coal-Mer.
chant,' in Sontb Moltariostreet, to' recover the price
of a cluddron of coals supplied tolliza Ann pm,
miaow! Bitty thi the' wife or t defendant.
Mr. Guntsek (with whom was Ntr. Busily) stated
that the defendant, Mr. Willitun'Henry Carmichael
Lroyth, was a gentle Man who formerly held a Nero;
the' oftiae in the Exchequer. He. seine time ago re.'
tired from it on a pension, of which he was now in
the receipt. His marriage with hie present wife took
place in the year.,1822. Early iir the following year
differences arose between them, and the lady, who
complained of his ill treatment to'her, left his reef
for a short time. Soon After her return he minted
her tohe confined in a mad-house-as insane. film
was liberated in the course of a few days, anti family
left- his house in the year 1824. The ',ranted
Counsel said he mentioned these circumstances be-
cause, as the credit of the coals were given to the
wife while she was Hying apart from her husband,
she having voluntarily left Ins roof, it vies necessaty,
in.order to entitle the plaintiff to recover, to slinsv-
that she had good cause for leaving. He shonld
prove that she left the' house in consequence of the