The Sun.
London, England, 1838-11-19 00:00:00

N CERY COURT.---(THIS DAY.)

The ------....---
t JUDGIIENT.—PRICE V. DEWHURST.
th eisionLOßD CHANCELLOR gave judgment to-day in this
telatse.,.which came before his Lordsiiip upon appeal from the
of
his`Honour the Vice-Chancellor. The case,
lough of itself of little interest except to the parties con-
cerned in
as raisin°. .
a pecuniary point of view, was of some importance
law. Fro a question of general interest upon international
oth na the statements of his Lordship, the short facts
a iv
_e case appear to be as follow The t estator in the cause,
ir. Seeton, lived in St. Kitt's Island, and married in that
Ctifterli' 4
rOll ; afterwards Mr. Seeton and his wife removed to St.
Danish colony, where they resided sometime, and
lv,li.vards removed to this country, where. they died.h tel la at St. Croix Mr. Sector), made his will, by whic
412rve to his wife the whole of his property ;. and in
Rill • a Joint will was made, varying the former
"antesln many respects. In this state of circum-
her r• Seeton died, and Mrs. Seeton made
her Will ha this country leaving the whole of
0 tiPerraPierty to
0,13, ady. her two daughters, Mrs.._ Price and
The latter dying, Mrs. Price became the
kft,Person entitled under the will. Part of the property
toe °I)Y the. will consisted of a sum of money left Mr. See-
iist.l,, will
brother, which the latter had lent to a person
deb, '''''''' aPon,mortgage ; that individual had admitted the
filed rd Proceeded to pay by instalments. The bill was
Court 1 the Plaintiff to have the declaration of the
estate, that the property passed to the plaintiff as personal
iiish f Tho defendant insisted, that according to the Da
therefor the Property was to be considered as land, and,
doming re, Passed to hiir. as the heir at law. Upon the case
ol4r, °,ll before the Vice-Chancellor, his Honourt
the Lweu, that the property was personalty, and subject
.lo
From „°f this country, and as such belonged to the p'ainti,..
Loup "at decision the present appeal was brought. His
Coo/181.111e',P was clearly of opinion, that the
eal de of the 1
- below was right, and dismissed the withapp costs:

LOLLS' couiIT—(THIS DAY.)
_
THE

The
„, (INN'EIt'S COMPANY V. THE IRISH SOCIETY.
to the ' at IAsTER of the ROLLS gave judgment this morning
vvi,i,4,oove case, which was argued in January last,.e eaenud.
Pied t, 'tom the bulk of the pleadings, and the
atimlitelliet
small
eta A",;Court, might very well be termed "
C ood,”
of th:
.„.ordship said the plaintiffs were the Company
were „6ltinners of the city of London ; the defendants
lorty "le Irish Society, the Mercer's Company,. and
,00dn°tIte.,r Companies, the Corporation of the city of
Jetty, -44 n Thomas Thorp, Henry Shule, and her a-
jelltesd t-"tt,°rneY-General. The Irish Society was repre-
'4ecls i °„. ue entitled to certain ferries, fisheries, and town
the DO 1-Teland ; and the Bill prayed it might be declared
the -,;1°463 and other Companies who contributed towards
liei,i-Pense of the new plantation of Ulster were belie-
4she4 ent:tled to the rents and profits of the ferries,
144 ths' .itul town lands, subject to certain payments, and
bfits e irish Society were trustees of the same rents and
.tlie so
subject to the plaintiffs and the othir Companies.
fiche
Idt :0 Pra • d for an account of such rents and pre-
;:rttieno- the
4 p):rtition of the fisheries and town lands
0 Plaintiffs and the other Companies ;or if su.ch
isee' I,,,°e°llght not to be made, by a removal of the Irish
4e iiete)„'retn being trustees, and that other trustees might
Illitie;'red, and that arrangements might be made for se-
atertl 4 tile plaintiffs and other Companies their due share
itienti rents and profits. The bill then prayed for an in-
her,l'u, for a receiver, and for other relief.
iTap,he :were four distinct parties whose claims had been
'Lon 'at° question.' First, the Companies of the City
4re ~, en, for whom the plaintiffs insist the Irish Society
tight-e° trustees,
Pre„ °' bound to account to them, and had
the
perk discretionary power to. apply any part of
leeollei Vested in them to' charitable or othar purposes.
iqei,l the Irish Society, who admitted they had no_ be-
voies'
of serest, and that they were trustees for the U?rn-
14t h "Y surplus that remained after such application,
Itith had
a - •
pies
Out , discretionary power over the balance,
. 7,,-.leing liable to account to the other Compa-
oi • ulrdj
to:dill arterial.): ' the City of London, who resisted the
4 isit° tee plaintiffs, and claimed to themselves
tqceellreatCf the Irish Power enabling them to controul the
S' ociety ; and, fourthly, the Attorney-
° public who insisted the rents and profits were applicable
A, P!Ir,4tII'ngPOSCS.
1:)4 tj; could be determined between co-defendants
Nise Present occasion, the substantial question in the.
i *llls eowas, whether the Irish Society had, independently of
1-? e retillif Panies, a discretionary power to apply any part of
1-eG7s, and profits of the estate to purposes they deem!
Aro to the Li-
eiwithreference to the plantation in
aro pu ic
kikht 4 mentioned in the pleadings. The Irish Society,
knife be answerable to the City of London and the Com-
eato',B, Or to the Crown. If it was not answerable to the
Wet vntlies severally in this • Court, the plaintiffs
e
11 their
not entitled to the relief they asked
k1t,411,1r bill. On the other hand if the Society had n.to
tte 'useretionary power as they claimed, and were s.
~ slot
.eeti i answerable to the Comparw,s severally. for all their
N'„PtS and payments, the plaint! ‘sere entitled to the
1151 asked. Their right had beendenied, and accounts
TLeea refused to them.
Char' Irish Society now existed under a Charter of
b+a:es the 2d, dated 10th April,. 1662. . That Charter
4 I ,Principally and as to most of its details, founded on
4 (1') reer Charter, granted by James the Ist, dated the
, 'AT
Vr,a +arch, 1613 ; and from the mode in whd,icahhtihs the case
Ihip,stated and 'argued on all sides, it appeare t
4t saarY to consider the eircumitances under which' the
140 v dllalsrter was granted, so far as those circumstances were
t
11,1?Pe%'„,„'Y the evidence in the cause. From the evidence
.1
noea,'-u, that in the year 1608, the greatest part of the. six
Foes,
Counties of Armagh, Tyrone, Derry, Coleraine,
%.e,,,,ani',;•11, and Cavan, nad come into the posession of the
I;r'tooti,!. and that James the First, being desirous of
'PI4 "`ng the Peace and prosperity of Irelandby
not en of whatP 'was called those unreformed and waste
:toistria:est,ere:dseavoured to induce English and Scotch. per-
t-ettSi:, emigrate thither, and conduct the plantation, under
and conditions. It was plain from these
t,tet".Pl ta„°d conditions, that the King did not merely con-
'ons.4 ' the benefit of' those who should conduct the plan-
t' et
Diti tlile colony, as it.was called, but that he had a
4,Lire(4,l3e object as
view, and in carrying that into effect
' oillro'ica'.4,eingage such. of his subjects_ of Great Britain
Iklatio ", of merit, as should seek to settle on the
1 ptri‘ti.!.ce °to' n,e,t only, to benefit. themselves but to do
41., ' C tne Crown ; and it was desired to ap-
t o to Corn
to settle the plantation accord-
Y ti, °ueb
tod ,e King. instructions as should be. given to them
I)ei iestru +4;* Commissioners were accordingly appointed,
lII* eefor e`,lmis given to them on the 21st of July, 1609 •
I)4l(s";a'rity eoftnLatontitdne the King
undertaking, and
to engage
tlti,e,dertla Paper sent tiinn thfoerthand caused to be
motves and reasons for the
le'r`ir.tily (4.11.12 hat papger set forth that his Majesty would
Inch Kory of grant
city of Derry, near Coleraine, but also a
tf ttriderne.ve twenty miles of land, to be planted with
11 fug "'"lgs as the City of London should think fit.
kilearit et forth that his Majesty would be pleased
%r
r.,,p,)1.4tne benefit of all the customs ofl a imports,teet
liet°,s. Ed.'s for twenty-one years, paying
iit,4'llt of the according to the rate of eoronn,
Loughy with the
of4ivooid 1,, hslieries in Lough Bann and Foyle,
in res
to' all kmvise grant licences to permit the exportation
tit delod
iL, cr things made or gown on their own lands,
4;4'4 ", land commodities which the north of. Ireland
ilel.,°esbe,:nct the sea commodities. These motives and
the °F -at." the subject of consideration of certain mem-
h 4 the cor„
-44,,, 4Yor t :-Illon Council, and precepts were issued by
4ftererli4,,,k: induce persons to answer them. The first
ands ils :t, been given and disallowed,
.Committees were
tkid4ll c.'ilDPointed by the City for their. consideration,.
tit,;thei-mntnittees in their answer recited, as it was
tl' °f the ,s4tisfaction as well of the honour of the action,
th 4 Profieecl that would come to the City by the same ;
!is t '?rt 'n1143 likely to redound to particular adventurers
LI:, ttir.,:',;l' men should be chosen, and sent by the city to
orp-e tit r.'ee, and make a return to the city. Under
tl'it.l,loel:l4l.ltanee-s, the Court of Aldermen ordered pre-
'll II the 'ent te the several Companies of the City, re-
"th eta to call
tlt4
.e)' ".0111 call
their members together to ascertain
the tilbttee, willingly venture in the same, so that the
41 'erds " might be full instructed to give an answer to
f, tiot 01 the Council.Y !)tl, appel Precepts were issued ; but i
'Oen r,` r that course was pursued, for an order of
kly 0"t tai‘jottneil, dated the Ist of, August following,
14') "sers ifng any notice of any willing adventurers,. ord
tr;4sted toi contribution, recited the Privy Council had
4)ott"Peetieir Pleasure to divers Aldermen and Common-
th: ivoui(ja the plantation, and the Aldermen and Corn-
'L4f.ear wisennqult about the same. It was then ordered,
llN''' Pr e and discreet citizens should, at the City's
1)(1. Plaotz,°eed to Ireland, and survey the place for the
itvt'eas ~o'llmt, and report their opinion to the City. The
(„Itelf°,lr ti-sPinted to be viewers received 3001. from the
t;°1":11•11' I.lratense9, and proceeded on their mission to
, tie.ttieo, ,P.ared, therefore, at this time the King's
1(1' into was in treat and that the City, before. en-,
L. A, any 31,
1 'e I:•tits engagement, proceeded by Commissioners
din t'efa;t a their own, 'at their own expense, to ascer-
I qp, I. the
-5 necessary for their consideration. By an or
1 l'iotn,tinberl, Court of Aldermen, dated the 28thd
bli1(}1.4:(1 446°9' it appeared the Commissioners
additional ha
ee 48 order made their report, and an
tliitit''‘,.l),cr fo;led to be paid to them ; and on the 2d of
'4l.`" ex- °wing, after notice that the Lords. of. the
'ios 41 that
to hear the resolution of the City, it was.
ttl,lers, ,1104 Sir Stephen Soame, with four of the Co.mmis-
tv ' eta fi should
meet together and advise about all circum-
ere , tto
111° Makob° remembered about the plantation, and they
11 litit of 1-Na report to the next Common Council. On
"eeember the report of the Committee was
A