The Sun.
London, England, 1830-02-06 00:00:00

SHIPPING INTELLIGENCE .(THIS DAY•
PROM LLOYD'S.
PLYMOUTH, FIB. 4.—Wind N.E.—Arrived the SO-
phia, Damsgard, from St. Übes.
CLYDE, FEB. 2.—Arrived the Wilson, Simpson, 11'41
Andrews, New Brunswick.
CORY, Fen. 2.—Arrived the Tomlin, Harvey, and tke
A polio, Ford, from Newfoundland.
HoLvHEAn, FEB. 4.—Arrived the Mount Vernoes
from Savannah:
DUBLIN, FEB. 5.--Arrived the Jane, Leman, from WO.
YARMOUTH, FEB. 5.—A long boat, marked " Sa2:
le:,sko, South Shields, George Pale," was on shore I`
N w by.

The Scotia, from Liverpool to Greenock, struck on a
rock in the Shannon on the Ist, and sunk, cargo discharr
ins in a damaged state.
The Caroline was lost on the Whitaker sand on the
2,1 inst.

The Mississippi, from Chlrleston, arrived off the
Land's End.

LAW INTELLIGENCE.-(THIS DAY).

VICE-CHANCELLOR'S COURT.
His Honour the VICE-CLIANCILLOA took causes tu-diP
none of which were of the slightest public importance.

COURT OF EXCHEQUER.

IMVORTANT JUDGMENT RELATIVE TO THE LEGACY purr.
-THE ATTORNEY-GENERAL V. BIRNIE AND MOFFATT•

The LORD CHIRP BARON gave judgment in this Cale
this morning, which was argued on Friday week. Ti'
point upon which the opinion of the Court was asked wo'
whether a legacy under the particular circumstances of tie
case, ought to pay ten or only one per cent. duty. Ti;
defendants were the executors of a gentleman name'
Moffatt, who by his will left certain legacies to the ,fe'
fendant, with remainder to the children of his marriale
with a lady of the name of Russell. At the time the Cod
was argued, Mr. Amos, who was Counsel for the
Crown, contended, that as Mr. Moffatt was a strutter
in blood to the testator, the duty on • the leg tof
in question ought to be ten per cent. Mr. Alderson
contra submitted, that the intention of the testator was t!sot
the legacy was not to devolve to the children until after the
death of both Mr. and Mrs. Moffatt, and that, under tie
circumstances, Mr. Moffatt being no stranger in blood t°
the testator, the duty ought to be only one per cent. 113
giving judgment, the Lord Chief Baron observed that the
question was, whether the husband had a right to take the
whole of the legacy or only a moiety. Here could be 00
doubt that his marital rights invested him with
an absolute power over the whole legacy; but as 14
only became entitled to the whole in consequence of hls
marital rights, and as his wife was a stranger is bloc
to the testator, he was of opinion, and the other Judges of
the Court joined with him in that, that the duty ought to
be 10 per cent., and a verdict therefore must be entered
for the Crown fir the sum of 3,4501. 4s. 6d., the amotto,
of the duty. The Lord Chief Baron in conclusion begged
to observe though the Court agreed with him is the °Pi'
nion he had come to, the reasons for coming to that ems'
elusion were entirely his own.
Mr. Baron GARROW would feel proud in being conti-i
dered as joining in the reason stated by the Lord C•j'
Baron in a much more able anti perfect manner than i'°
could possibly do, and he trusted it any person was taking
notes if the judgment, for the information of the public)
they would put in the pronoun we instead of I.
Mr. AtnEseoN observed as it was a special case which
:
allowed them to turn it into a special verdict, he shoal':
adopt that course, and bring the, question before a Coi"
of Error.

COURT OF KING'S BINCI-1.
BERNASCONI V. CHAMBERS. - - -
This case, which is an application for a new trial, tl'e
facts of which have been repeatedly before the public, oe'
copied the Court until nearly one o'clock. The questl'
in dispute is the validity of the commission of bankrui
issued against Messrs. Chambers and Son, late bankers IP
Road-street.

The COURT after hearing the arguments of the Attar'
ney-General, Mr. Gurney, Mr. Campbell, and Mr. Kali'
the whole gist of which turned upon the constructO
of the last Bankrupt Acts, took time to consider
judgment.
The Judges rose at half-past one o'clock, and procee-Aej
into the Exchequer Chamber to hear Writs of Error.

COURT OF ADMIRALTY.
JUDGMENT-THE JOHN.
Sir C. Roanrsobr gave judgment in this case to-dsl:
at was a suit promoted to set aside the verdict of 6Pei
Court of Admiralty at Gibraltar, whereby possessive'
the John was given to a Mr. Cole, a British tuerelo:
the vessel at the time being owned by Mr. Isnardi, .:
whose orders she was then engaged in trade. Mr. Cv`i
claimed the vessel on the ground of a bill of sale pzoir'
to him in 1820, and which he had not made over to 11
one subsequently. Mr. Isnardi had purchased the vesic,'
and contended that Mr. Cole had not given any co'ssl.
derstion. The Judge went over the very long evideoce
adduced in the cause, observing that Isnardi had had PIP
session of the vessel for a considerable time, and conitnentoi
on the manner in which the transfers had been made
The facts of the case have been so frequently before the
public during the prosecution of the suit, need xlO4l/8
repeated. The Judge, after commenting on the evideoes"
produced, gave it as his opinion that the restitution of
vessel must be given to Mr. Isnardi, and that some recaPl#
pence must also be allowed in the shape of dernurr4ei
The decision of the Court therefore was, that the Ye.'
must be restored to Mr. Isnardi.

DEATH OF LORD HENRY SEYMOUn•

The Right Hon. Lord Henry Seymour died yeetertlai
at hie residence at Norris Castle, near Cowes, Isle of Wiet:
at the advanced age of eighty-four. He was the sectiflit
brother to the late, and uncle to the present Marquis °
Hertford. He sat in Parliament for a short time in the
early part of his life, but closed his public career at et
end of a few years, by retiring to the Isle of Wight, whets
the greater number of his days have been spent in buihliog
Norris Castle, and laying out the grounds of his estate'
Of so high an order were his Lordship's talents, that tl'ei
Head Master of Eton pronounced Lord Henry to ho c
greater promise than Mr. Fox, his cotemporary and frit'f,
at that school. His habits were eccentric, but hie lain°
was of the most enlightened and liberal cast; it was GP'
racterized by the purest benevolence, the most gener°ll
feelings of friendship, and the strongest sympathy I°r
misery and distress. It is from intimate personal acqu
dist-
once with his Lordship during a long period of time, t"t
we say, that DO man ever went down to his grave, carryil
with him a larger portion of affectionate respect from
friends and his neighbours of all sorts and conditions.

COVENT-GARDEN THEATRE.—On T 1 Ins;
day night Ninetta, or the Maid of Polaireau, arrange
and adapted from ROSSINI'S opera of La Gazza Ladr..4°'
was brought out for the first time at this theatre. :017/
PATort was the heroine, and executed her songs witlit
possible, more than her usual ability. Mr. G. Pxxsol4
made an exemplary Justice of the Peace. The opera S
successful.

DRURY-LANE THEATRE.—A new coPli,i‘
opera, entitled Bride and no Bride, was produced beir, •
on Thursday night, with great and deserved success. •
is an adaption from LA SCRIBE'S French opera of la
Fiancee ; the music by AursEa.
On Tuesday last a very fine san-bill, a svl
'lll
fowl not very rare in these parts at an inclement se 041
was shot by one of Sir W.M. CLAYTON'S gainekeepe,....l
Berke Chronicle.
On Thursday last, Mr. PAUL, of Wielottt
Farm, near East Coker, shot a crane, and whilst canlia,
it home a large eel came out of its mouth alive, wei
a pound and a half, which Mr. PAUL's dairyman tt 0
home and dressed.—Becks Chronicle.
In consequence of a very heavy fall of snog
Stainmoor, (about 18 or 20 feet in drifts) the mail 11!,t
to he brought to Carlisle on horseback, and to-night it 111
not arrive till seven o'clock, three hours and a quarts
later than usual.— 6la wow Cl.ronicle.
_OO

BIRTHS.
On the 29th ult. the lady of R. Rowley, M.D., S 11'1'
wark, of a daughter.
On the 2d inst. at Hampton-wick, the lady of C. D 11'
jun. Esq. of a daughter, still-born.