The Sun.
London, England, 1806-01-02 00:00:00

RAPHAEL V. BOEHM.

This was an exception taken by the ATTORNEY=
GENERAL to the Master's Report, in having charged
,the Defendant, who was an Executor, with coni-
poun interest on -the money which came into his
hands by the will of - the testator, and also interest
upon each sum of money from the moment of his
receiving it. • The exception also went to the Mas-
ter's making half-yearly receipts in his computation;
with adding, in such receipts, the half-yearlyinterest
to the capitgl, and charging compound inteest upon
the whole ; and with refusing to make any deduc-
tion for interest on.tlie wins:advanced by the De-
fendant for the- maintenance of the Plaintiff's chil-
dren .•

Mr. .Romti?l,y,opposed the exception, on the
ground that the Master acted in strict obedience- to
the-Order made in the case by-the late torcitiosLyw,-
which left him no cliscretio'n. The reasons which
induced I_,ord•Res.es:Nrto make that Order were not
ifask before the Court. The Order was.perfe&ly
intelligible and obvious : bift if the Learned -Gentle-
men opposed to him 'should maintain it to be other.
wise, their reri?edy would be by a re-hearing of the
Whole cause, and nothy any exception to the Report
of the Mater.
The ATTORNEY-GENERAL contended, in reply,.
that in this, as in all 'other 'cases *here receipts
were ordered to be made, the sums received during
tke preceding 'half year' hould be added, with the
interest, to the prinCipal sum, and forma balance,
on the whole,of which interest sheuldbe paid in the.
half year ensuing. Here, on the contrary, 'the-
Master threW The interest backward, and charged it
frem the moment when the sums were received,and
consequent} t before the Executor could make any
interest 9ii" them: In respea to the sums which the.
Defendant :Was to pay for maintenance of the chil-
dren, nnthicg could be -friofe unjust than to.charge
him with interest on them ; for as it must be un-
certain on what day or. month a taildes-cir a school-
master's bill iniglit be brotilit in, it was. necessary
that he should always keep-himself in cash to de-
fray them.' —He aISO stated; that the Leven dint had
lent to the. Plaintiff money.upon two bonds of. &001.
each, at an interest of 4 per cent. out of the Testa
tors' property. The plaintiff had never paid a
shilling of that 41. per cent. interest; and he asked
whether any thing could be More glaringly unjust
than for the Master to charge the. Executor 51. per
cent. interest on money for which he did not receive
even the 41. per cent. whiCh he stipulated ?
The LORD CHANCELLOR considered the 'Order
made by Lord ROSLYN to be much out of the usual
praCtice of the. Court ;_ for it subjected the E-tecntor
to interest from the moment of the Testator's' death,
instead of fixing a particular 'time at which he
should become chargeable after having the money
in his hands. The Rule, however, having been
Made,- he found himself bound by it, and had not
the power of making any alteration. - Ijaving corm,
mented on a variety of the topics and observations
intreduced' by the Counsel on both sides, he o.b-.
senied, that the money hi question, amounting to
30,0061. came into the hands 'of the Executor by
Virtue of the will of the Testator, in trust for his
*children, and to be "employed in the Manner he
hiMself prescribed.' He bequeathed to the Execu-
ter a' legaq of 4001. for the trouble he should be
put to in the discharge of the trust, which the latter
of course paid to hiniself, without any deduction for
interest. This. Will specifically provided, that no
_

part. of this money sho-uki at any time retainefrio

the hands of the Executor, but directed that it should

t
be laid Ltitvg the Minority of fO.
iic-t-t-nt,late upon compound , interest,: These •in.
junaions the Executor
.Was bound to obey?) in_ order
to fulfil the intentions Of-the Testator. , Had Mr.
. acted in conformity to the will, and employ
:'ed this money, at interest in
.tie funds„.or in any
other Secure.way,'even iftlie result of the accumu-
lation turned Out less than it might otherwise ao,the
equity of that Cnurt, allowing tbr the honesty:of his'
intentionsiwould have dealt more tenderly with him:
When 'he iased the word honesty, he. did not wish.
-.to be understood as _casting any-. personalitnputztiori
on Mr. Boehm,,NiThoin; he
_believed, to have con-
Sidered himself to be acting for the best ; but after
haVing- been restrained by the Will from any eiriploy
rnent of the money himself, if he thought proper to
-overlook that part of the trust; he &aid not com-
plain of hardship if he how-found himself placed at
'greater disadvantage than he had, at first reason to
.expect. It was not„sufficienf for him to Say, that he
was now willing to be charged with all the accumu--
lation of interest which thiS monek would have
made, if had placed it; in the 3 per cents, in the
same manner as that Court would live disposed of
it ; fbr, it, would be too much, after the direaiens
',contained in the Will, to allOw -an ExecUtor to have
the eMplayment of the money himself, and, if he
found, at the conclusion of the 'trust, that be would
Nice been in a better condition had he complied
with 'tffe Testator's direEtions; to hinie,.ae his own
Option, what situation he would take. His Lordship
put the subje& in various points of vieWd'detilon-
strate the equity of the decision he was about
to make ; and concluded with saying, that under 311
theeircurnstances, and in compliance with the Or-
der ti'& by the Colirt; the Master' was right to
charge compound_ interest in the manner he had
.done,... With regard to- the interest for sums ad-
Named for maiwetiarice,- or:uppii bond to the Hain j.
-
tiff,- that was- certainly a fit matter for arrangement
between the parties, or of being dismissed out of
that Court ; but formed no part of the que.ition, he
had to decide upon.
The exceptions were therefore over-ruled.

On Saturday even*, about six o'clock, the maid
servant of a family-in the inimediate vicinity of llel
stow, near sirmitighatn,' was robbed of abdve 30s.
in money, and several other articles, and with some
eiretunstances of cruelty; which snakes the outrage
doubly criminal. Havingbeen sent to Walsall Mar-
ket to- purchase some things, she had occasion to
shew the contents of her pocket in the public mar-
ket ; on her way home she was joined by four .wo-
men, who appeared to know her, and entered into
familiar conversation with her: lii their company
she went within about 'So yards at her master's
house, when they all at once seized on her, bound
her hand and foot, rifled or cut away her -pockets,
and threw her, upon.l*r back hito a wet ditch, and
then wantonly. trampled On her; left in this situa-
tion she used every exertion to keep her.her tabove
water, and which exertion she could not 'have long
made ; her moans at .length drew some- passengers
to the spot:, who released-and carried her borne. It
is tO be hoped the perpetratOrs of so atrocious an a&
will not escape detedion and phnishment.
On Wednesday evening a very melancholy cir-
cuttistanee occurred on board-the Robust, in Ports-
mouth harbour, hulk to His Majesty's Ship Africa.:
It being Christmas eve, the Midshipmen of that Ship
were invited-to dine with the Officers in. the -ward-
room--; one of theme between eleven and twelve
o'clock,. behaved impropsi-iy, and he was requested
'to leave the company.-
_FM wen t out, armed himself
with.a brace of pistols, and:meeting with another
Midshiprnan on the quarter-deck, provol4 him to
fight a duel. 'The latter declined the eliViger and
was going towards' the ward-room to acquaint the
Commanding- Officer of the owagions condoe't of
his mess-Mate, when the refradory Midshipman
fired the pistal.at him. just as he opened the ward-
room door, which lodged its conteins'in the 'breast
of the Commanding Officer, Lieut. FINCji, just as
he was rising to inquire into the matter. The ball
remains in his breast, and he lies in great danger at
HaSlar -Hospital.- The Midshipman is in custody.
His name is- Mr. A. TURNER, Master's 'Mate.
Thursday a fine child, upwards of two years of
age, belorizing to Mr. of Bond-street,
being-at nurse. at Blackheath, fell, into a well in
the garden,' and was drowned, it having no cover
or fence. It is remarkable; that the hther and mo-
ther, the day before Christmas-day, when visiting
the child; foresaw the danger, took dimensions for
a cover, and sent it down by Thursday's coach
but before its arrival at the-house the accident hap-.
pened.

SHIP NEWS'.

POOLE., DECEASBAR 31.

Arrived—the [ohn, Williams, from Newhaven Aftn•
Holloway, from Weymouth ; Williarn and Mary, Boyne4,
and Adive, 13oynes, from Portsmouth ;..BleSsiug, Robbins,
front Plymouth ; and Stadt
.Auricle, Youkes, .Runt Sr.
Mary's. - • -
Sailcd—the Charlotte, Baker, for Chichester.