The Sun.
London, England, 1841-11-19 00:00:00

THE NATIONAL REPEAL ASSOCIATION.

The usual weekly meeting of this body was held to-
day in the Corn Exchange. Dr. Murphy in the Chair.
The LouD MAYOR stated that he had the honour to
announce the receipt of 1001. from the friends of Ireland
at Pittsburgh, in America. His Lordship spoke at some
length in praise of the esteemed kindness of the Ameri-
cans towards the people of Ireland. As the subscribers
to this sum were not British snbjects, he could not move
their admission as members of this Association, but he
had extreme pleasure in moving that their names be en-
rolled in " the book of the friends of Ireland in America"
[passed with acclamation].
After a number of communications were read, and new
members enrolled,
The LORD MAYOR rose to bring before the considera-
tion of the Association the various topics on which the
Committee were preparing petitions. There never was
a time, said he, which required more statesmanlike con-
duct to be pursued than the present. There was war
going on at present in Hindostan and China,
which would certainly require a large expenditure
of money, and this could only be undertaken by ad-
ditional taxation of the people. The position of
France was not at this time in such a situation as
to give anything like a security for a continuance of
peace between her and England. She was keeping
up an immense military and naval force, which would
compel England to act" similarly, and here again
would be the cause of requiring additional taxation.
His Lordship illustrated the evil working of the Corn-
laws, and called upon the Association to unite with the
English in demanding their repeal. lie then recurred to
the state of Ireland, and spoke of the murders of Mr.
Walsh and Mr. Bolton which have been lately committed,
He did not wish to lessen the feeling of execration which
these crimes created; on the contrary, he hoped the per-
petrators would be discovered and executed, but he
would say to the cruel and relentless exterminating land-
lords, who made these murderers, " You are more guilty
than those who actually shed blood—the sin of it is on
your heads—you are accountable for it, and the day
of judgment will certainly overtake you." His Lordship
expressed his delight at the birth of the Prince of Wales,
and expressed a hope that he would yet be found in Ire-
land acting as viceroy to his mother—the only British
Monarch that ever desired to treat the people of Ireland
with justice. He might be asked why he did not, as
Chief Magistrate of this city, publish a proclamation for
illuminating in honour of this happy event, which gave
him and every other Repealer such unbounded delight.
His reply would be that illuminations would give an ex-
cuse for riot, and as the feelings of the entire Irish people
could be much better expressed in the form of a congra-
tulatory address to her Majesty, he would move that
such an address be adopted by this Association and cir-
culated for general signature throughout the country.—
(Cheers.) On the next day of meeting he would bring
this address forward, as well as the draft of a petition on
the subject of the administration of the law.
The repeal rent for the past week was 229 l 414 Gd.
The meeting then adjourned.

LAW INTELLIGENCE.
COURT OF CHANCERY, Nov. 18.
MITFORD V. REYNOLDS.

This case, in which the arguments were commenced
yesterday, and resumed to-day, came before the Court
upon appeal from the judgment of his Honour the Vice-
Chancellor of England. The question in the case was
as to the validity of a bequest contained in the will of a
gentleman, named Mitford, who had formerly been in
the service of the East India Company. The testator,
Mr. Mitford, by his will, directed that a piece of ground,
near Chipping Ongar, Essex, should be purchased
and a handsome mausoleum erected for the
reception of his body, together with those of
some of his near relations. He desired that he should
be buried on the summit of a mount which was to be
planted with cypress and cedar, and rendered ornamental
to the town and neighbourhood. After providing for this,
Mr. Mitford directed that the residue of his property
should go to the Government of Bengal, for the erection
of such charitable, beneficial, and public works in the
city of Dacca, in Bengal, as the Government of that
place should think most useful to the native inhabitants.
The question in the case was, whether such a gift was
not void for uncertainty by the law of England, which,
it was contended, governed the bequest, as the testator
was domiciled in this country at the time of his death?
Upon the case coming on before his Honour the Vice-
Chancellor of England, he held that the bequest was a
charitable one, and might be carried into effect by the
Court. Upon the matter coming on, by way of appeal, be-
fore the late Lord Chancellor (Lord Cottenham) he over-
ruled the judgment of the Vice-Chancellor of England, and
directed a reference to the Master to inquire who were
the persons representing tke Government of Bengal,
and what was the amount of the residuary property of
the testator. The Master found that the Governor-
General of India was the Governor of Bengal, and that
the amount of the residuary property of the testator was
upwards of 500,0001. Such being the circumstances of
the case; the matter came as for final hearing virtually
in the shape of an appeal from the decision of the Vice-
Chancellor of England.
Mr. Bethell, Mr. Russell, and Mr. Heathfield, who
appeared on behalf of the widow and next-of-kin, con-
tended that the bequest was void for uncertainty, be-
cause what might be considered beneficial according to
the laws and customs of Indian worship could not be
considered so in this country. The population of Dacca
consisted of between two and three hundred thousand,
partly Gentoos and partly Mahommedan, and a mosque or
pagoda might be considered beneficial as a public work,
but neither could be called a charitable gift in an English
Court of Justice. Added to this, it was impossible for
the Government of Bengal to perform the desires of Mr.
Mitford, in co-operation with the inhabitants of Dacca,
the greater part of whom wore idolators, and would differ
as to what was beneficial and what was not. Then as
to the direction to purchase land in perpetuity for the
place of the testator's interment, and the erection of a
mausolem, that was illegal; and, therefore, on the whole,
it was submitted on the part of the plaintiff that the gift
must be declared void.

On the part of the respondent it was contended that
the Vice Chancellor of England had taken a right view
of the case in declaring that the gift was a charitable
one, and might be carried into effect by the Court, and
that it could not be set aside for uncertainty.
The arguments, which had not concluded when his
Lordship rose, will be proceeded with to-morrow (this
day), and appear likely to occupy the Court the whole
of the day.

ROLLS' COURT, Nov. 18.

ATTORNEY-GENERAL V. THE SOUTH SEA COMPANY.

The MASTER of the ROLLS gave judgment in this
case, which will be found reported at length in another
column. His Lordship said that it appeared to him,
after a careful examination of the facts of the case,
that the trustees had acted bona fide for the bene-
fit of the charity, and that the arrangement
entered into by them with the South Sea Company was
a provident and beneficial arrangement for the charity at
the time, and suck as they would have made individually
in the case of their private property. He should there-
fore dismiss the information.