The Sun.
London, England, 1825-11-15 00:00:00

for some years, he died intestate. . Ten years before Ins death
he was domiciled in that State. His brother Samuel, also ille-
gitimate, applied for letters of administration as his next. of
kin, and obtained them, but they were afterwards withdraws
and regranted to the same individual, as the principal ere_
ditor of the deceased. The terms of the letters of adminisl
tration gave to Samuel the power of collecting all debts , within
the State of Delaware. The intestate also left a considerable
property in this country.
Dr. IJUSHINGTON now contended that Samuel Johnson,
by virtue of having 'ueen declared personal representative.
by the authority of the State of Delaware, was to .he'
treated in the same capacity in every other part of.the
world wherever the Intestate might have had effects, , pro-
vided that the intestate had been domiciled in the country
where subsequently his representative had been constituted.
The Learned Doctor entered into an elaborate argument, aria
cited a number of cases in support of his position, proceeding
upon upon the authority of the maxim that the " moveables follow
the person ;" and by a fiction of law are supposed to be situ-
ated in the place where the death of the party took place. The
ice loci was, he contended, superseded by the lex dornicilii, and
no matter what sort of law it was which prevailed in a parti-
cular country with respect to the succession in cases of intes-
tacy, the person who was appointed administrator to an lutes-
tate's estate in any country (provided the intestate had been
domiciled in the place), must be looked upon as the proper per-
, son to administer to the intestate's effects in any other country
1 where properly belonging to him might have lain.
Sir G. Rontersoer (the King's Advocate), with whom was
Dr. JENNER, maintained that though it was a principle of
international law, that he who was appointed, and adminis-
tered to the effects of a party in the country where that party
died, was treated as administrator to his effects in another
country; yet that such a principle was limited in its.
plications. It was a question, whether or not the intes-
tate in this case had been domiciled in America. The
American Law required of those who sought to be domi-
ciled in its territory, an oath, by which they renounced
their allegiance to their natural 7 sovereign. It was then a
matter to be considered, how far it was in the power of the in-
testate, of his own option, to divest himself of the character of
a British subject, and obtain in his favour a dispensation from
their laws and regulations, by which subjects were in general
bound. But even in case these objections could be got rid of,
still the question would arise, whether or not Mr. Johnson,
under the letters of administration,was invested with the powers
which constituted an administrator in the usual way. He pro-
cured the letters as a creditor to the estate—and the terms of
those letters confined his power to act to the State of Delaware..
Sir JOHN NICHOLL said, that the case was attended with a
difficulty which rendered it a matter of uncertainty whether or
not the party to this suit was in a situation to raise the im-
portant question which had been submitted to his decision.
Mr. Johnson, one of the parties, took out letters of admini-
stration as a creditor; as soon as his debts were paid, the resi-
dtle of the intestate's effects vested in the Government of the
place—so that the question ultimately here would be, whether
or not the English property of the intestate belonged to the.
State of Delaware, or to the British Government. In order,
therefore, to have that question brought into Court, it was ne-
cessary that the State of I)eleware should be a party, and au-
thorise some person to sue in their behalf'.
Dr. LUSHINGTON said that they would have, ere thiS,
obtained a grant of the property to Mr. Johnson, but unfortu-
nately there was not time to give the Legislature of Delaware
an opportunity of assembling. They would communicate as
soon as possible with the Legislature of that State ; and he had
no doubt but that if the case would be allowed to stand over,.
they would come before the Court, on a future occasion, armed
with the competency to claim a decision of the question, whe-
ther or not a,person, who was constituted a representative to an
intestate in America (that intestate having been a British sub-
ject, who was domiciled in America, and died there), was en-
titled to administer to the effects of such intestate that remained
at his death in the territory of Great Britain.
This suggestion was assented to, and a nominee agreed to,'
to administer the estate until the decision of the Court should be:-
obtained.

IN TAE MATTER OF HOSIER.

In this case a paper was propounded on the part of Mr.
Hosier and his sister, purporting to be the last will and testa—
ment of a gentleman named Hosier, their brother, who died
on the 2d of August last, in France, and they prayed that it
might be admitted as such. It appeared that the late Mr.
Hosier, in the course of last summer, repaired to Paris with hii
sister, for the purpose of recruiting his health. Finding him-
self in a declining state, he wrote for his younger brother, who
arrived in France on the 27th July. In two days afterwards
he received instructions (according to his own affidavit) to
make a testamentary disposal of the property. this instru-
ment, which Mr. Hosier stated he wrote by the instructions of
his brother, 10,0001. were left to Miss Hosier ; 1001. to a ser-
vant-maid ; and the remainder of the property, amounting to
50,0001., to be divided between the two brothers. Other names
were mentioned also, but the amount of the bequests was not
stated.

- ~„
Sir nIOROLL stated, that the circumstances of this case
did not warrant him in admittinf this instrument. It appeared
that the late Mr. Hosier gave Instructions to his 'brother to
make a will, and this communication was given on the 29th
of July. He lived to the 2d of August, and yet it did not ap-
pear that any step was taken by him to perfect it as a legal
instrument. There was no reason given why he did not corn.
plete it. Again, the bequest to Miss Hosier was made in
money, whereas the late Mr. Hosier must have known that
his property lay in stock. The only evidence to the instru-
ment was the brother, who was himself interested in making it
valid ' • for by it he was placed in a better situation than .he
could be in if the deceased was considered as having died in-
testate. Under all these circumstances, he would treat it as in
invalid document.—Proof refused.

TWO SUMMERS IN CANADA TUTS YEAR.-
The Montreal Heald, of the Bth ult. says—The autumnal
season in Canada has always been celebrated for the beauty
and serenity of the weather ; but the present auturtm.has ex-
ceeded all others in the memory of man, not only for its uni-
form mildness and salubrity, but for its uncommon warmth,
the weather being actually as hot as it generally is in the month
of June. Every day of t&.: present month has been excessively
warm, the thermometer frequently rising aboYe.Bo degrees, and
instead of the cool weather, which we generally have at this
season of the year, we have in reality been living underth e
burning sun of a second summer.
•

•
CONDUCT OF A WATCIIMAN.—On Saturaay,
and by adjournment yesterday, an Inquest, was held at the
King and Queen public house, Bethnal-green, on:the body
of Ann Ashley. It appeared that. about two Olt
Wednesday morning last, the deceased was found in the
street by a wathchman. the was then very cold, and her
clothes were saturated with rain. She also appeared to be
intoxicated. She was carried to the watch-house, and thrust
into the black hole, a very damp and most offensive place...,
No charge was entered against her, and on the watch-bowie
keeper leaving duty, about five o'clock, they dragged 'her
nut of the hole, and placed her in front of ;he wa.tch.house,
but she was then so ill that she could not support hetself, She,
was lying there till 9 o'clock the, same morning; from thence
she was carried to the workhouie, and on her arrival.there, it
was discovered that she had breathed her last. The Jury.were
of opinion that she ought to have been permitted to remain, by
the fire, instead of being placed in damp dungeon, whiCh was
a disgrace to the parish, and which they hoped. would tie piilled
down, and a more fit place erected for the Feceptioa, pf night_
charges. Verdict--" Died from the effects of cold, and, in-
toxication."

On Friday last, RICIID. MAIITIN, Esq., M.P.,
went over the Dromedary outward-bound convict .ship, lying
oil Woolwich, and Humanely inspected all the
.prisogers sen-
tenced for transportation. The Hon. AI emter expressed satisfac-
tion at the arrangements made for their comfort and cleanliness,
and general healthy appearance. He examined_the calendar, anti
matte particular inquiries as to the cbaractens of several of the un-
fortunate men who appeared to be sentenced for light offences.
The case of It. Mitchell, who was suffering from a severe rup-
tole, and who stated, himself to have hpeti convicted,for stealing
20 potatoes, appeared. to the Hou. Member to merit patticular
farther inquiry.

PUN IslIM ENT FOR A DULTEFUY-- -Forinftrly in
Germany, the husband of an adultress was allowed to assemble
her relations, and in their wesence to cut off her, hair, strip her
naked,
.turn her out of. Lis house, and whip her from one end
of the village to the other. A woman thils puhliely exposed
could never wipe away the. stain of so foul an. infamy ; the most
circumspect behaviour could never call buck her lost character,
nor could any motive ever prevail on. another to marry her,
th,nigh youth, beauty, and fortune, with every other -advaritaire,
combined to allure him.