The Sun.
London, England, 1831-02-25 00:00:00

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LONDON,
FRIDAY EVENING, FEBRUARY 25, 1831.

It is with sincere pleasure we are enabled
to state, that the splendid speech of Lord
BROUGHAM on the subject of Chancery Re-
form, has given universal satisfaction ; first, from
the liberal, comprehensive, and patriotic cha-
racter of its details ; secondly, from the sort of
indirect pledge it holds out, that the lawyer
who has shown himself so fully capable of
grappling with the anomalies of the Chan-
cery system, will appear to equal advantage
as a Statesman, when the more momentous
question of Reform comes publicly under his
consideration. By his fearless manner of deal-
ing with legal abuses, Lord BROUGHAM has
imparted a degree of stability to the Adminis-
tration in which—rumour has stated, however
incorrectly—it has of late been somewhat defi-
cient. Ile has fixed the wavering, and encour-
aged the nervous Reformer, who now feels that
he is fully justified in trusting an Administra-
tion which commences the work of retrenchment
with itself, and abandons all ideas of self.interest
in its efforts to promote the general benefit. We
look on Lord BROUGHAN (and the country
we suspect will coincide with us) as a main
prop and pillar of the present Government.
He possesses precisely that sort of moral and
intellectual energy which is most needed in sea-
sons of agitation and convulsion like the pre-
sent, and in advocating Reform will do so to an
extent commensurate with the necessities of the
time. His high character is the best guarantee
for his sincerity. This is the spur that will of
necessity goad him on in his present glorious path
of ambition.

By the Express from Paris, which we give
from the Times of this morning, we learn that
an extraordinary courier arrived in that city on
Monday night, from the Duke DE MONTE-
MART, at St. Petersburgh, with the final deci-
sive reply of the Emperor NICHOLAS on the
subject of the Polish insurrection. The reply
was to the effect that unqualified submission
was an indispensable preliminary to the redress
of Polish wrongs. The Poles, however, it
was understood, were highly indignant at the
idea of such a degrading condition, and were
resolved to perish rather than submit. A battle
may now almost daily be looked for between the
two contending Powers; and as the enthusiasm
of the patriots still keeps up undiminished--
though there are invidious reports to the
contrary—we are far from despairing of the
issue. In the Chamber of Deputies, General
SEBASTIAN! entered into a detail of the cir-
cumstances connected with the late rejection of
the Belgic throne for the Duke de NEMOURS,
and observed, that " a country could not aggran-
dize her limits without a war, for which reason
France would have refused the union, even if
it had been officially offered by the Belgians."
He added, that all the Cabinets of the great
Powers of Europe were united to preserve the
general peace. The Courier Francais says
" In the deliberation which took place in the
Council for the removal of M. ODILLON BAR-
R(); M. MONTALIVET, who had sent in his
resignation, abstained from taking part as a party
concerned. It is asserted that on the first day
there was an equal division between the six other
Members of the Cabinet, and that on the second
four voices against two pronounced for the removal.
It was only after this decision that the Minister
of the Interior consented to resume his office."
The Italian insurrection spreads ; though we
have reason to suppose there has been some
exaggeration on the subject. The Austrians are
at length beginning to stir, and the Augsburg
Gazette mentions that 30,000 men from Styria
will be added immediately to the Austrian army
in Lombardy,

With reference to the late disturbances at
Lisbon, Don MIGUEL has issued a decree that
i‘ A Commission shall be formed at Lisbon, and
another at Oporto, each to consist of four Judges
and three superior officers. These Commis-
sioners are to try and pass sentence on the cri-
minals guilty of exciting a revolt, sedition, tu-
multuous assemblages, prepdicial to the security
of the State, and other similar acts Of high
treason, wlic.teyer be the rank, condition, or pri-
vileges of the said criminals who were taken in
the fact alagrante delict9 in the said two
cities of Lisbon ant Qporto ancl five leagues
round them."

There is no news of importance from Ireland.
it.rit the county of Kilkenny, and indeed generally
thrciUghout ;he cc4;)trj the fact of the Hon.
Colonel BUTLER (brother to•the Earl oi
KENNY) standing for the county on the strength
pf his Lck:lK I.,3oiirolc to a-repeal of the Union,
excites a woti6dutintere*.

A Cabinet Council was held at the
Foreign
Office this day.

At the Home Office, the only intelligence re.
ceived from Ireland,ihis day, ui). to half-past
.two
o'clock, is than the election for Kilkenny is
likely- to terminate in -favour of Lord DOT-
oAI4N6I4. ' •' • -' •

.WaINTELLICIENCE.—(THIS DAY).

HOUSE OF LORDS.
Lord Lyndhurst (as Deputy Speaker), together with the Duke
of Manchester and the Duke of Cashel, sat to hear Scotch appeals
to-day.
BRACK a. JOHNSTONE.
The principal question involved in this appeal was, whether it
was competent, under the special circumstances of the case, to
take an heritable estate in Scotland in virtue of a last will or tes-
tament executed in the West Indies, without the use of dis-
posing words de present{, or any of those forms which were ne-
cessary for the conveyance of heritable property, by the
best-established and plainest rules of the law of Scotland.
The case came before the Lord Ordinary, and afterwards before
the Court of Sessions, the Lords of which were of opinion that
-the trust deed was effixtual, although it contained no clause dis-
pensing with the delivery, and was not delivered during the life
of the granter; and they also found that the will afterwards
executed was an effectual declaration of the intention of the
testator, and an instruction to the trustee relative to the dis-
posal of his heritable property after his death, and against that
judgment the present appeal was lodged. The short facts of the case
were these :—The father of the appellant, who appealed in forma
pauperis, died some years ago possessed of considerable property,
heritable and moveable, leaving the appellant (an infant,) and a
widow, who soon after the death of her husband contracted a
second marriage with a person named Hogg, by whom she had a
son (Adam), one of the respondents. The late Mr. Daniel Virtue
was brother of Mrs. Hogg, and consequently maternal uncle to
both the appellant and Hogg, one of the respondents. Mr. Virtue
having gone to Jamaica as a planter, realised a very considerable
fortune there, which at the time of his death, in 1823, was
vested
partlypaternal
in
heritable
estaptreopeartt yFi.anrSisctobtwlann,d,wcboincsbistibnagd of the
appellant's
sold during his minority, and partly of real and heritable
property in Jamaica. Before Mr. Virtue acquired the estate
which formed the subject of the present proceedings, he
was possessed of other property in Scotland, consisting of
bonds. In the year 1810, on going to Jamaica, he executed a
power of attorney in favour of the defendant (Mr. Johnstone), in
terms which authorised him to take charge of all Mr. Virtue's
subsequent acquisitions of the same kind, but not of any landed
estate. In the year 1814 the estate at Earlstown was purchased
by Mr. Virtue, and in consequence of the particular way in which
this purchase was effected, it being taken in the first instance to
Mr. Johnstone himself by disposition, Mr. Johnstone became en.
titled to manage the land at Earlstown, which management
ceased in the year 1819; for at that time Mr. Virtue came
to Scotland, and took the management of the property
in his own hands. In 1821, shortly before his return
to Jamaica, Mr. Virtue executed a trust-deed with regard
to the property at Earlstown. This deed containing no clause
with delivery, nor any clause reserving power to revoke; this
deed was never delivered to the trustee, but was found in the
trustee's repositories in Jamaica, where he died in December,
1823. In ebruary, 1823, Mr. Virtue made a better will and tes-
tament in Jamaica, revoking all other wills, disposing of all
his property, without making any reference to the trust deed.
Mr. Virtue survived the executor ofthis deed ten months, during
which time the trust deed had not been from under his controul.
The appellant brought, an action of reduction in the Court of
Session in Scotland, for the purpose of set ing aside both the
writings, and the case was remitted to the Lord Ordinary, who
was in favour of the reduction, being of opinion the trust deed
required delivery to make it effectual, and that the will not being
attested according to the law of Scotland, was not sufficient to
convey Scotch heritage from its legal destination. On the case
coming before the Court of Session they reversed the decision of
the Lord Ordinary, and from that judgment of reversal came the
present appeal.
Lord L 1 NI/HURST, after hearing Counsel on both sides at
considerable length, stated it as his opinion that the judgment
ought to be affirmed, but without costs.—Judgment of the Court
of Session affirmed ; no costs.

SHIPPING INTELLIGENCE-(THIS DAY.)

FROM LLOYD'S.

DEAL, FEB. 9.4. Wind N. W.—Arrived from the River and
sailed, the Duke of Roxburgh, Brown, for Bombay.
FALMOUTH, FEE. 2a--Wind S. to W.—Arrived the Duke
of Marlborough packet, from Lisbon, sailed the 13th inst. ;
Plover packet, from Bermuda, sailed the 10th ult., and from
Halifax the 6th inst. The Marlborough packet brings accounts
that a plan had been laid for an insurrection, when one of the
party gave information, and upwards of 151 persons were taken
in consequence, thrown into prison, and it is expected would
lose their lives. . .

MARGATE, FEB. 24.—Off port, the Alexander, Mesurier,
rota Havannah.
DARTMOUTH, FEB. 23.—Arrived the Egham, Tucker, from
7adiz. _ _ _

COWES, FEB. 24.—Arrived the Janette, Stephenson, from
ahia.

HALIFAX, FEB. s.—Arrived the Rinaldo packet, from
Falmouth, and sailed the 6th for Bermuda ; and Osborne packet,
from Bermuda.

PLYMOUTH, FEE. 23.—Wind N.—Arrived the Argyle,
Staves, from London, for New South Wales.

CARDIFF, FEB.'23.—The Ann, Kegs, from ICewross to
Newport, arrived in the roads in a sinking state, having been
on the Nash Sand ; after remaining one tide on the mud she
proceeded.

The Hopeful was spoken with the 6th instant, off Saniboroug
Light-house, with loss of rudder.
The Bienenstock, Holtz, from Rio Janeiro to Hamburg, was
lost on the Vogil Sand the 19th inst. the crew, and a few casks
of coffee saved.

THE MARKETS.-(THIS DAY.)