The Sun.
London, England, 1836-05-24 00:00:00

ti)FAiit-pSOF RON

We uriAbrritati"d a gin^pitlna tOU -place 6f? Pa', Ody morn -
jog, heittiedii ad-M.6
has been recently before the piifillE ;6' 6orizi'eitiOW
tain transactions at the Turf-Club, and bapt,-.4.ii of
the Regiment of Foot. The quarrel arose out of dther--
fatiditS Made iiy tilt! latter Oe?Ytlemln. on the conduct
of he lidtiddfable Member in the. affair Added to, and
all attempts at addrithriiddlitidn having proved fettitiegs; the
parties met, and preliminarieS Hein arranged; they fire(,
when Mr. R--'s ball struck the vtateh et his dpponent,
without effectinc, further injury. No second fire itiok
place, but the friend of Captain S. having repeated the
offensive expressions. personal chastisement was immediately
inflicted upon him by the insulted legislator. Without
much parley the second took the place of principal—the
pistols were again loaded, and at the first fire Mr. R.'s ball
took . effect in his opponent's Whip, but happily without any.
fatal consequences. The affair thus terminated,' and the
gentlemen left the ground without any explanation.
Another meeting took place on Monday morning off the
' Uxbridge-road, between N. A. G-I—n, Esq. and Captain
H—t—n, the former attended by J. N—t—n, Esq., the
latter by P. N—k—s, Esq. On the first fire Mr. G. Wail
shot very slightly, Captain H. severely, but not dangerously.
The seconds having interfered, the parties left the ground
reVonciled.

ROLLS COURT-(THIS DAY).

JUDGMENT.-:STOKES V. HOLDEN.

The MASTER OF TIIE ROLLS gave judgment in this case
this morning. The question was whether a legacy which
William Holden was entitled to under the will of William
Stokes, the testator in the cause, was forfeited to the
Crown ? The legacy was charged on -the testator's real
estate, and given to the legatee when he should attain the
age of 21 years. It was said on the one hand that the
personal estate was exhausted in paying debts, and it was
admitted on the other that if the legacy could only be paid
by means of the charge on the real estate it was contingent
until the legatee attained 21 years of age. In the month
of January, 1833, the legatee, not being then 20 years of
age, was convicted of steaing, was sentenced to a month's
imprisonment, which he underwent and was then discharged.
On the 17th of July, 1834,..heottained the age of 21, the
legacy then became vested and payable „so far as it
was a charge on the real estate, and it was now claimed
by the Crown as having been forfeited by the convic-
tion of the legatee for the offence he had committed.
For the legatee it Was contended the contingency was not
forfeited ; that by the statute of the 9th of George IV.
the punishment had the same effect and consequence as a
pardon under the Great Seal, and that as the legacy did
not vest till after the punishment was endured, the right to
it was not forfeited. His Lordship said it, was clear the
offence committed by the legatee subjected him to forfei-
ture, and that the only question was, whether the contin-
gent legacy was forfeited. There was no direct autho-
rity on the subject; but finding it said by Chief Jus-
tice. Wray, in the cause of " Manning. v. Andrewes,"
in " Leonard's Reports," that " an use, as long as it is in
contingency, cannot be forfeited, as if the mortgagor be at-
tainted and pardoned," his Lordship thought, under the
circumstances of the case, relying on the principle on which
Chief Justice Wray must have founded his opinion, he
might safely conclude, that the event in which the contin-
gency occurred, not having happened until after the
punishment had been endured, the property was not forfeit-
Ole to the Crown; and, therefore, he declared the legatee
was entitled. '

The COURT then proceeded with the unopposed petitions.

KING'S BENCH.-(THIS DAY.)

THE KING V. IHRKETT, CLERK.

Mr: LUMLEY moved for a rule to show cause why a
writ of mandamus should not issue directed to the Rev.
William Birkett, official principal of the collegiate church of
Wolverhampton, commanding him to administer the usual
declaration to -two gentlemen who had been duly elected
chapel-w4rdens of the Chapel of Ease of Wolverhampton.
Lord DENMAN—What objection is made by the Rev.
Mr. Birkett ? Mr. Lumley—That they are not duly
elected. _ _ _

Lord DENMAN—Are there any other parties claiming
to be elected ? Mr. Lumley—No, my Lord ; and :ac-
cording to the decision' in several cases where there is even
a colourable ground that the parties have been duly
elected they have a right to be sworn in.
Mr. Justice LITTLEDALE—And Mr. Birkett is the
proper person to swear them in ? Mr. Lumley—Yes, my
Lord.

COURT—You may take a rule.
EX-PARTE THE SHIP ELIZA JANE.

Mr. RICHARDS moved for a rule to show cause why a
writ of prohibition should not issue to the Court of Admi-
ralty, diroeting o.urk.onot to proceed -against the ship
Eliza Jane. It appeared that in the year 1834, the ship
gliza Jane was outward bound, and proceeded from the
London Docks down the River, and on arriving at a part of
the River between the counties of Kent and Essex, she was
run foul of by a vessel called the Mary Anne. On her
return from her voyage, a warrant of seizure was issued
against the Eliza Jane, and a suit was now entertained
against her by the Court of Admiralty, for running down
the other vessel. Whatever party was in fault in the colli-
sion which had taken place, he (Mr. Richards) contended
that it did not occur within the jurisdiction of the Court
of Admiralty, and, therefore, they had no authority to issue
a warrant for the seizure of the vessel. The Learned
Counsel was proceeding to cite some authorities in support
of his application, when
The COURT said he might take a rule.

THE FINE ARTS.

THE BRITISH INSTITUTION.

The gallery of this institution was yesterday open for a
private view of the exhibition of pictures by the Italian, Spa-
nish, Flemish, Dutch, and French masters. The richness
of this collection probably surpasses all that have preceded
it for the variety and splendour of the specimens. No. 1,
" The Assumption of the Virgin," by Guido ; and No. 3,
the same subject, treated by Murillo, will be likely first to
attract attention. They are both exceedingly beautiful.
The first a large historical, and the second a cabinet, a pic-
ture ; and the latter particularly distinguished for the ex-
quisite softness and clearness of tint peculiar to this master
of the Spanish school. No. 10, " The Angels earning to
Abraham," and No. 22, " The Return of the Prodigal,"
are also by Murillo, both painted on a large Peale, which, as
a rarity with this artist, in addition to their intrineio excel-
lence, 'render them objects of attraction. No. 2, " /ft.
Thomas," and No. 5, " St. Cirillo," by Zurberan, are
astonishing pieces of effect, and elaborate finish ; the
head of St. Thomas is replete with character and ex-
pression. No. 8, Landscape, with " Mercury and the
Woodman," by Salvator Rosa, is of that bold and romantic
kind which the " savage Rosa" so well knew how to paint ;
the mountainous back ground in this picture could not be gar,
passed for the air of grandeur with which it is invested.
No. 104 the catalogue describes at a Mountainous Land-
scape, with cattle and figures, painted in 1055, by order of
Sir Peter Lely, for Sir Ralph Banks, the ancestor of the
present professor, who has Berghem's receipt for the pay-
ment of it, which, including a frame, amounted to about
30/. sterling. We should apprehend that Bergliern never
painted a more beautiful picture'llianihis, which he sold so
cheaply. Rembrandt, Vandyke, Ruysdael, Hobbima, Par-
megiano, Wouvermans, Vandevelde, Mieris, Teniersi and
Ostade, are among names that guarantee the excellence
of the works to which in an original collection their names
are affixed, and here they are to be found in all their va-
riety and power. During the day the following distin-
guished visitors, among many others, visited the Institution
—The Princess Augusta, the Margravine of Anspach, the
Prince of Orange, the Earl of Dartmouth, Lady Bernard,
Lord Brownlow, the Marquis of Westminster, Sir T.
Baring, Bart., M. W. R. Colborne, Esq., M. P., Earl
Grey, S. Wright, Esq , Sir M. A. Shee, P. R. A., Sir
M. W. Ridley, Bart., M. P., W. Wells, Esq., General
Phipps, Sir J. Campbell, Colonel H. Baillie, J. V. Thomp-
son, Esq., J. Morrison, Esq., Sir R. Frankland, Bart.

SURREY ZOOLOGICAL GARDENS.—Yesterday,
these gardens exhibited the first entertainments of the season,
and upwards of 8,000 persons were assembled to witness Mr.
Green's 112th ascent. This was not the only amusement af-
forded; on the island upon the lake the Burmese brothers ex-
hibited their gymnastic exercises. The carriage of the King
of the Burmese, with the splendid elephants, were objects of
interest. The gardens were enlivened during the day by the
band of the-Fusilier Guards. At half-past six the all-absorb-
ing object of interest began to draw the thousands into one
vast mass, it being announced that Mr. Green, accompanied
by a gentleman, was about to ascend—not from the lake, the
wind being too high to admit of it. In a few minutes after-
wards the majestic body was seen proudly ascending and tak-
ing its course towards Chelsea, amid the shouts of surround-
ing multitudes. It was a late hour before the company sepa-
rated.

A clergyman in a neighbouring parish was lately
applied to by one of his parishioners to pray for rain ; " the
crops need it so much," said the farmer, " that I am afraid if
we do not get rain, we will all be ruined."—if My good
friend," said the parson, " nothing
.would give me more plea-
sure than to put up a petition for ra►n, but depend upon it, it
will be of no use, whilst the wind remains in this quarter."
A fine specimen of the azure blue butterfly (Po_
lyommatus Argiolis) was taken near Carlisle on Thursday, the
12th instant, being the first, we understand, of that butterfly
that has been obtained in Cumberland.—Carlisle Journal.
A small Galloway cow, belonging to Mr. Robert
Todd, of Thornby last week gave birth to four calves
(three of them alive), and having given birth to two last year,
has thus produced six calves within thirteen months. Five of
them are living.—Carlisle Journal.