The Sun.
London, England, 1837-05-27 00:00:00

MONTEITH V. NICHOLSON

The question raised in this case was whether upon the true
construction of the will of the testator, William Nicholson, his
brothers and sisters took absolute interests in the legacies
given to them on their attaining. the ages of twenty-one years,
or whether they at that period took interests for life only in
all or any of those legacies ? The words of the bequest in
the first part of the will gave to the legatees absolute vested
interests in 5001. stock, in the testator's share of his deceased
father's furniture, and in his own residuary estate. The next
clause in the will contained a limitation over in the event of
the legatee's dying in the testator's life-time ; and the testator
then declared that none of the legatees should be entitled to
any bequest until they severally attained the ages of twenty-
one years. Taking all the several clauses together, his Lord-
ship thought the effect was to give an absolute vested interest
to each legatee on attaining twenty-one years, and that the
limitation over was to take effect only in the event of the death
of the legates under twenty-one years of age in the life-time
of the testator, or afterwards.—Declaration accordingly.

KING'S BENCH-(THIS DAY).

THE KING V. BOUME AND OTHERS.-WRIT OF ERROR.

The defendants in this case. Andrew Boume and two others,
had been convicted at the Monmouth Quarter-sessions, of a
burglary, and sentence of transportation for seven years passed
by the Chairman upon the prisoner Boume, and transportation
for life upon the others.
The prisoners had been subsequently removed to the Court
of King's Bench on a writ of error; and were now brought up
in custody of two officers of the gaol of Monmouth, for the
purpose of having the decision of the Court taken.
Mr. PEACOCK now appeared in support of the writ, and
contended that the Magistrates having passed sentence of
transportation instead of judgment of death, as required by
the statute, the judgment was erroneous, and must be reversed.
The Learned Gentleman, in a very able address, cited several
authorities in support of his view of the case, and concluded
by moving that the prisoners be discharged.
The ATTORNEY-GENERAL, on behalf of the Crown, would
at once admit that the judgment was erroneous, but contended
that that Court had the power either to remit the record to
the Court below for the purpose of having the judgment
amended, or do pass the proper sentence upon the prisoners
before it.

After a lengthened argument, the COURT conferred for some
time together, and
Lord DENMAN said that the prisoners had been capitally
convicted, and no judgment but that of capital punishment
could be awarded. The record being removed before that
Court, it was contended by the Learned Counsel on the one
band that the judgment must be reversed, and the prisoners
discharged, and on the part of the Crown, that the record
should be remitted to the Court below, or that the Court itself
should pass the proper sentence. It appeared to them that
they had no power either to remit the record to the Quarter
Sessions or pass the proper judgment itself, and, as it had been
admitted,that the judgment found was erroneous, that judgment
must be reversed.

Mr. PEACOCK then moved that the prisoners be discharged.

The COURT immediately directed them to be discharged.
The astonishment and surprise of all the unfortunate men
can scarcely be conceived, and it was some time before they
could be convinced that they really were at liberty to depart.

THE MARKETS.-(THIS DAY.)

COVENT GAR

There was a moderate supply tk
was steady at the following prices
s. d. to
Potatoes (cwt.) 2 6 6 6
Ca')bages, White (12) 1 9 2 6
Brocoli 0 9 2 0
Rhubarb 0 4 0 10
Endive 1 6 2 :3.

11,rse !taAish(bundle) 1 6 3 6
Celery ' 1 6 2 3
Carrots 12boiehes) 3 6 5 6
T•irnips
Young Onions
- - - "

Leek:' 1 6 1 9

Colewnrtsor Greens 2 6 5 0
Turnip Itmidishes 1 0 1
Goarebersies. (pottle) 1 6 2 0'
Currants

For. Grapes (per 10.).... 0 0 0
English, Forced'. 3 6 8 0
Cherries

Pine Apples (lb.) ...... 7 0 10