The Sun.
London, England, 1823-07-28 00:00:00

!ze hurtlels. to deny the truth. -Letters.-however, of alater date
have confirmed the fact, so that it cannot be doubted. We
may add, that even if the next number of the Dario, he es
discreet as the last, it will not be the less certain than the Holy
Father, whose situation excited serious alarm, is now out of
danger, though he still keeps his bed, waiting 'with patience
and courage for. a cure that can only be brought aboin by time
and the most complete repose. The Government knowing this,
means to send one of those mechanical beds to Borne which are
usefully employed in France on such occasions, and 'which are
• yet unknown in 4taly. •
Have the Emigr4s been totally exonerated from their debts
by the mere feet of the spoliations to which they have been
subjected under the natue.of confiscation ? ~Are the 'creditors,
whose debts were not liquidated by the state during the revo-
lutionary attacks on property, deprived of every right to
bring actions against their debtors now returned into their
country ?
such is the question at present submitted to theCour ile Ca:-
sation, on which one of the advocates ofthis Court, M. Guich-
ard, has published an interesting memoir, of which, however,
we shall give no further opinion, because the Court will de-
cide this important question in a few days.
[From the Courier Frantlais.]
PRAXIEFOnT, JULY 20.—We learn from Stutgard, dated
the 17th, that Baron Wagedheim, after repeatedly requeSting
to be recalled from Frankfort, the King of Wurtemberg, has at'
length complied with his request. It is supposed that lus place
will be supplied by Count Winzingerode, at present Minister
of Foreign ;Affairs, and in some measure celebrated for the
note he addressed to the diplomatic agents of Wurtemberg at
foreign courts, and which excited so much attention among the
members of the diplomatic corps at the termination of the
Congress of Verona. 31. de Trott is also mentioned; who
enjoys in a high degree the confidence of his Sovereign. The
patriotic sentiments of both these statesmen are Well 'known
and appreciated.
PARIS, .1 ULY 23.—The Memorial Borilelais says that the
Regency of Spain has made its installation known to the
Spanish Islands of the Mediterranean, but its dispatches were
burnt at Palma, in the island of Majorca, by the hand of the
hangman. •
The Grand Inquisitor of Spain, who has taken refuge in
France since the abolition of the holy office, has left Bayonne to
return to Madrid. It is not known if his object is to hasten
the re-establishment of the Inquisition. In this ease, it is to he
hoped, that this gentleman, in resuming his functions, will for-
get his three years of idleness, and will not seek to make up for
lost time.

The Etoilc says, that according to letters from Cadiz of the
13th, several persona have been arrested, and among others the
Editors of the Zarriago. These gentlemen, it is well known,
have never ceased to favour the cause of despotism, under the
mask of liberty. The Eloile adds,.that there still exist at
Cadiz the following Journals : The Redactor, the Diario -Mer-
cantil, the Constitutional, the Espeetador, the Gazetta _Espa-
nola, and the Diario de la Cork.

( From the Pilote of Friday. )
PARIS, 'JULY 25.—Lopez Banos did not embark as was as-
serted ; 2500 of his men went by the Guadal9uiver to reinforce
the garrison of Cadiz. but Lopez Banos, with the rest of his
troops, occupies the Duchy of Diebla.
[PRIVATE LETTER.]
" MADniD, JULY 15.—The Regency •of Madrid becomes
more and more the subject of all conversations. Even the
French soldiers ask why they have come to Spain to support
its vexations. Instead of conciliating men's minds, it re-ani.
mates vengeance and the passions; di union reigns even in the
cloisters, and some of the Friars have, in consequence of
disputes, thrown offthe frock, and taken up the musket for the
Cortes.

" if every thing depended on the Prince Generalissimo, af-
fairs would no doubt be soon amicably arranged. He wishes
for oblivion of the past. Well-Informed people say there arc
negociations with the Cortes.

"Constitutional partizans have entered fluete anti Sacedon.
The tocsin was sounded, but few peasants could be got to fight
them, and those who fought were beaten. Detachments from
Ballasteros' corps presented themselves on the 9th at Villa
Ruz ; others were, on the 13th, at Illanzanares, Alcuvaz, and
Infantes (in La Mancha)."
BAYONNE, JULY 19.—The first convoy of battering artil-
lery has marched to-day for the siege of St. Sebastian.
Brigadier-General de Jeurnonville arrived last night from
Madrid, said to be instructed with an important mission from
the Prince Generalissimo to the King.
The Empecinado, after having summoned Zamora and Toro
to surrender to the Constitutionalists, marched rapidly on Val-
ladolid, where he set at liberty the citizens 'arrested by the
Royalists. To sinew their gratitude, they enrolled under his
standard. The Castiles arc full of Constitutional partizans,
and the Captain-General has only 2,000 men under his eiders,
which is very little in proportion to the immense extent of the
proVinces.

THE ARMY..

LAW INTELLIGENCE.

COURT OF CHANCERY, JULY 21
• BOXIANA.
SHERWOOD AND OTHERS v. PIERCE EGAN.

This morning the Lord Chancellor came into Court with dte
three volumes of Ballow; under ins arm; and called on Mr.
Shadwell to knOw if the copyright of that work had been vested
in the plltint ill's by a legal. assignment from the author. • .
Mr. 611A0wEtr, said,, there had been no other assignment
except the pUrehase of the Work. and Mr. Egan's receipt for the
purchase-money ; but he;COntended, that in equity, an 'assign-
ment was not necessary, •
Aker some cOnversatiotibetWeen his Lordship, Mr. Shad-
well, and Mr. Egan, the tiORD CHANCELLon gave it as his
opinion, that as an .actionould not be brought by a publisher
against the person piratinOis work, unless lte had it assigned
over to him, an injunction could not on the same principle issue.
The-application was therefore refused.

A FEMALE ..SAILOR.
citaxnt.Ens L. JAnvIS.
31r. lianr sahl, that in this case he had to move that Eliza-
beth Stephens, alias Elizabeth Chandler, and others,.might be
restrained for further proceeding in the Admiralty -Court,
in a suit instituted there for the recovery of wages, alleged to
be due for work done on board the ship Jane and Matilda, in
the capacity of a seaman. Mr. Bart said that the injunction
was coatentled for, on the groand that this equivocal sailor,
who had served in the treble capacity of cook, steward, and
ship's alit., was, in fact, now discovered to be Mr. Chandler's
wife—(laughter)—and not his servant, as had been stated; and
that the defendants had discovered the whole transaction to be
a mere collusion bet Ween them to defraud the estate, the par-
ties having concealed their real itrul tender ties the better to
effect this end. - It had been found impossible to serve the sub-
poena upon them of the filing of this bill, as they had previously
eloped. The Learned Gentleman then went into the various
affidavits, which merely contained the matter which has been
already at some length before the public. • •
The Loan CfEANCEL&M. had observed from' the diurnal
prints, that this suit was instituted in the Adhairalty Court by
this female sailor for the payment of wages. One question,
which appeared to have occupied that Court, was, whether a
woman could legally earn wages in such a eaeueity 2
(Laughter.),4l had been decided- there that she might ; but
then the next question here arose as to whether she was the
wife, as was now alleged, or the servant of the master of the
vessel ? The defendant said idle was the wife, and if such was
the fact, it. might prove fatal to the claim she set up. But
then it was not to be taken for granted, that she was actually
his legal wife, because lie so termed. her. Ile had known a
sailor set up a similar claim to: fifty different women.—
( Laughter.)
Mr. HART—Undoubtedly that. distinction ought to be
weighed ; for,generally speaking, such was the laxity of a
seaman's morals, that when he asserted that a certain female
was his wife, the inference generally to be drawn was, that she
stood in that character de fileio, though not de jure. Mr.
Chandler, however, in this case, had acknowledged this lady
to be his lawful spouse, which she denied, and in this his'
client's equity consisted.
The Loan CifAgCELLOit could not recollect a case where
an injunction had been granted to restrain the proceedings in
another Court, merely because one of the parties had been guilty
of perjury. If that were to be the modern practice, he much
feared that pretty nearly every case that was tried, especially
where sailors, and more particularly smugglers, were con-
wined, might be brought into this Court under a similar pre
text.—He feared he could not interpose ; he would, however,
take home the papers to read.

VICE-CHANCELLOR'S COURT, Juts 211.
DISPOSITION OF HER' LATE MAJESTY'S PRO..
PERTY.
EX=PARTE AUSTIN IN THE 32A-rrEit OF AUSTIN.
Mr. SUCIDEN stated that this was a Petition praying that the
Court would refer the costs of the petitioner to the Master, and
that it would ostler a sum of money, amounting to .5,1113/. 12:4.2d.
Three per Cent. Consolidated Bank Annitio be
ities,pla viltiticohuntoowf
Courtstood
in the lame of the Accountant-tleneral,
to the petitioner. The Learned Counsel observed that this
money,was the produce of a sale to the Crown of a houseilir-
merly belonging to her late Alajesty, at Blackheath.
house in, question had been granted .by the Crown, and ulti.
mately became vested in the Duchess of Brunswick, who gave.
it by will to the Lord Chancellor and Lord Redesdale for.the,
benefit of her daughter, then Princess of Wales, to be by her
devised; 'whether covert or not, and notwithstanding her rover-
tore to any person, or for whatever purpose or purposes she
should by will, properly attested, appoint, and for default of
such appointment 'to go to the legatees of her Serene High-
ness the Duchess of Brunswick: bout the year 1816 an Act
of Parliament"was passed, authorizing certain Commissioners
therein named, to 'buy up All their interests in certain Crown
Lands mentioned, and if the, parties to whom such Crawl Lands
should then belong 'were under disability of receiving the pur.
chase money for the same, it was directed to be vested in the
name of the Acc.onutant-tleneral of this Court for the benefit
of such parties. The house in question had been purchased by
the CarninVidonerii,"Mider this Act, for the stun of 4,0154103.3 d.
which watotid into this Court; and on the 17th of June, in
that ytarolio4Princess surrendered her ii:terest in the house
to the lute It appeared, limiever, that previoualy to this
period sl”i hattexecuted several appointments of this property
for the benefit of differentindividuals. On the 14th January,
1814, she had.executed-an appointment in favour of lierbro-
titer the then Duke of Brunswick; to vest in him after her death,
but this appointment contained a clause by which the Princess
was declared competent to revoke it, by deed or will, and to
appoint and direct the same to any person whom she should
think fit. ,A short time after this her Royal Highness baving had '
occasion to borrow a . sum of 2,3001. from Air. Holier, she, in
February 1814, revoked so much of her former deed of appoint-
ment as would enable her to make a new appointment to the
extent of 2,3001. for the security of that loan. On the 2d of
'August, in the same year, she executed a new appointment to
the Princess Charlotte,. but as that instrument was only attested.
by one witness, it was consequently void. The property, there-
, fore, remained.as it had been bequeathed by the will of the
Duchess, which the appointment of the Princess to the Duke her
brother nartly revoked as to 2,3001. anti continuing as to the
other part. It was well known that the Duke of Dfunswick
had been killed at the battle of Waterloo, that the lamentable
death of the Princess Charlotte occurred in 1817; and in the
month of March in tbaollowing year the Prince-% of Wales,
Who wits then abroad, "'gave as a gift in case of ' her decease,
her interest arising from the house in Blackheath, to William
Austin, son of William and Sophia Austin, the capital to be,in-
vested immediately, and to remain io invested until lie should
come of age, when he should be at liberty to withdraw the same
for his personal benefit." There were witnesses who could
prove the regular attestation of this deed, the body of which
was admitted to be in the Princess's handwriting, so that no
dispute existed as. to the formality of the instrument: The
effect of it was double, ,for it operated both as a revocation o,
the appointment to the Duke, and as a new appointment b
Mr. Austin, in whose favour it was made.
The Vic E-CIiANCELI.OIt asked on whom notice of this pe
tition had been served ?

Mr. ShODEN replied, that the, executors of the Duke of
Brunswick, and the executors of her late Alajesty. had receiv-
ed notice, and if it were necessary, Prince Leopold would dis-
claim any interest sepposed to arise on the appointment to
the Princess Charlotte. Such a disclaimer. was, however,
quite needless, as the deed of appointment made to her, was in-
valid from its informality., On the deed of 1818, therefore, the
claim of the petitioner' could be well founded, but if any con-
firmation of that deed should be required, it would be amply
afibrded by the win which her foie Majesty made after at ' the Uf Queen' Contfinr. By that will, which
was dated in August 18`21, her Majesty gave all her property to
trustees on trust, to receive and pay the principal of the
whole of the trust property to the petitioner, on his attain-
ing the age of twenty-one, with directions to appropriate the
interest in the mean time for hiS Maintenance. In a codi-
cil to this will, which her Majesty executed a few days after-
wards, she spoke of the bequest of the property which she had
received from her mother, as a Specific legacy to the petitioner.
This instrument also operated its ti full and complete revocation
of any former appointments. There were two minor points,
the first of which related to the payment of part of Mr. 11 epees
debt out of the general fund, and the second was a question as
to a claim of the executers to the sum of 17.1!. which was formed
of some rents that accrued during the life of her Majesty, and
which the executors contended ought to form part of the estate,
for the general benefit of the creditors. The petitioner however,
opposed this claim, on the'ground, that although her Majesty
might have churned these rents against her own appointment,
yet that it was not competent for the executors, who were tram-
tees under her will, to set up this claim against the provisions of
that very will, front which they derived their authority.
Mr. BELL said, he appeared on behalf of the executors of
the late Duke of Brunswick, to contend,- that as no power of
revocation had been specifically given to her Majesty in the
creation of the power •otappointment, she could not revoke the
appointment she had made to his Serene Highness in January,
181-1. The, Learned Counsel was about to cite a case from Ver.
non's Reports, in favour of this proposition, when
The Vitt-CirANert.Lalt observed that it had been over-
ruled many times, ant! that a party could as well grant a qua-
lified as an absolute appointment.
Mr. Bata then stated that he appeared also on behalf of
the executors of her hue Majesty, who felt ft to be their duty
to take his Honour's opinion on this petition on two distinct
points. Find, they wished to know whether the appointment
to the Princess Charlotte was not valid, although it had
,been