The Sun.
London, England, 1833-11-18 00:00:00

THE FUNDS.-(THIS DAY.)

CITY, TWELVE O'CLOCK
I BY the French Mail this morning we have accounts
L.rn Vienna, stating that the Government have re-
-0 satisfactory intelligence from the East, but most
teed
accounts from Hungary. There have been
'heettoils disorders at Presburg, and at Eulaw blood has
ea spilt ; the soldiers fired on the citizens, and it was
trePOrted on the 'Change that the Diet of Hungary is to
o Immediately closed. Troops are proceeding in all di-
ections to prevent any further disturbances.
0 Letters from Pampeluna state—" We are continually
13 the qui vive here, as bands of insurgents approach to
tn4ll.
''' wails, causing great alarm in the town. Detach-
!nit veer t t after them ; but they immediately
e en ou
PP eared, l
and returned the following day.
414sertaica Papers have been received to the 3d of October;
:tati quiet there. The Barbadian states, that as
e.O
enced,6ards commercand theial aharbourffairs this nearly empty ; the wharfse reign of dulness has
t oo longer in a bustle, and even the Americans seem
have deserted us.
,
the papers from the Windward Islands are not in-
t4tl'esting. Some of the principal merchants and inhabi-
t 4 of Barbadoes bad corresponded with the Governor
te4 the subject of the Municipal Bill, who replied in
trot favourable to their interest.
dilt hurricane bas been experienced at St. Kitts—some
lage Was done to the shipping.
Jul v4Pers have been received from Bengal to the 4th
e
1;' they do not contain any political information of
%rence
"Ishii Mail has arrived—sailed on the 31st October.

THE FUNDS.
p I3Y the Dutch mail which has arrived, we find their
etithda combout per cet, lower, and by ti e French
ess theie rsa are per cent.n higher, 75f. se. In cense-
Cnce of this coullerbalance, no effect has taken place in
at,°4°lB, which opened at the price they left off on Satur-
-204%, 88 to for the Account ; but the speculators still
por'olue to pause in their operations, as the news from
thee. and Spain are not of the brightest cast, and
th eis every appearance of a procrastinated struggle in
Peninsula.
5 e reig Market utch rather lower, 491 f i;
Pkni
4. 2F2i 23; n
Portuguese 60i 61 ; Belgian 95i i.

HALF-PAST ONE.
the We have received the following letter from Cadiz, of
Stit Nov. t." No doubt it will he of some interest to
di to know bow affairs are going on in this country. In
I,sl!tion to what I stated in my last, I am at present more
414 'titre in respect to the future result of affairs, as the
ling opinion is so decidedly hostile to Don Carlos,
the exception of the priests and monks, who, no
i°l, will be overpowered by the Queen's party ; and I
411 ct) in a short time, the country will be regenerated.
Dthe provinces, except Biscay, are quiet.
emerara Papers have been received at the North and
t,th American Coffee-house, to the 31st of August.
tALI;c,O Antigua we have details of the utmost distresses
Suehnß amongst the agricultural body of that island.
19 the total want of means and absence of all credit,
goat the landed proprietors, finding it utterly out of their
Cer to provide the necessary provisions for the negroes,
brought the subject under the consideration of the
eglfilitture of that island.
68e0usols have been during the whole of the morning at
.rt,c'i for the Account, with little doing.
et„,"e steamer from Lisbon has not brought a mail, con-
tpe.,e4tly very few private letters have been received, and
u° not bear of any further particulars than what are
-:atlY published.
toLetters from Rio Janeiro bring the Exchange on
d" 38} 39 ; stock, 54 ; all was tranquil.
tatt4 the FOreign Market the prices continue much the
e 44 in the early part of the morning.—No reports.
THREE O'CLOCK.
4:41501s for Account, 88 11.

t.' IL begins to be currently whispered that nego-
ation
dj,t 4 are favourably proceeding fur the union, at no very
L-11tt Y
day, of a noble lord closely connected with this
ts and the daughter and only child of a wealthy
lerauner residing in a neighbouring shire.— Worcester
erctici.
ga the clothing trade at Stroud is generally
eodd and healthful. Black superfinea meet a ready sale ;
the
great quantities of cloths are now making there
.for
hina market, to the older of one or two enterprising
-.tnen, Bristol Mercury.
ktit HE O'CONNELL FUND. This fund is
%ttd4tleing with great rapidity throughout the country,
kte'/"Y pest brings an account of its increase. The
~pdunt collected at Fermoy was 601., at Kilworth 351.,
"Killarney over 601. Cork Evening Herald.
tilt 4 .itIVUL WIPE.—A few days previous to
ikt„,seceue of the wife of a tradesman in Boston, which
Aft-erred a short time ago, she gave her husband her keys.
Itlrprithe funeral, in looking over the drawers, to his great
ht se he found three hundred sovereigns, which she had
A'Y Unknown to him.
ttt,4l' most splendid window of stained glass has
byfitly been placed in the chancel of Kenilworth Church,
of hi Munificence of the Venerable Archdeacon Butler,
tiorip"fireulibury. It consists of a series of the under-men•
-;t:Lrmorial bearings emblazoned on elegant shields,
tte glihfl"ely surmounted by the crest or coronet appert
' "eto; the names of the several noble families they
lighjbnt'nded to commemorate being placed beneath an
tV)rnamentetl pannel.—Birmingham Journal.
,'Taiki3RDINARY PRODUCE.—A standard
,4•P`tee, not a large one, in the garden of the Reverend
tartlett, rector of Swanwich, has this year borne
141.1 Pears, weighing but a few pounds short of half a
hoe. The fruit is of the species called the iron or baking
t,4,'%pt!'d the same tree, a few years since, produced a
e,'Rhing two pounds 24 ounces.
IN) A 0
141 caught a whiting at the end of the
N 4 vr,
I • 'lleaday, weighing between 4 and 51bs. Its
'lt!tn 24 2 feet, measures 5 inches across, 3 through the
'l,l nearly 14 in girth.—Norwich Mercury.
URGE CABBAGE.—A cabbage of a large
hie Pulled this week in the garden of Mr. John
4k;,' 44emaker the circumference of which was S
‘lllllst-:_the Weigh; upwares of 211bs. The. heart of the
'easured 3 feet 2 inches, and weighed illbs.—
Courier.

ROLLS' COURT.-(THIS DAY.)

SHAFTESBURY V. MARLBOROUGH..

In this case the testator, the late DukeVof Marlborough,
left his very large freehold and copybold estates in strict
settlement, in trfist to the preSent Duke for life, with
remainder to the Marquis of Blandford, with remainder to
his first and other eons in tail. The leaseholds, as they
determined from time to time, were directed to be regu-
larly renewed ; and the sum of 38,0001. had, since the
present tenant for life came into possession,been expended in
tines and fees parable on renewals. The principal question
which arose on the will related to the mode of raising the
funds requisite for defraying the fines, and other expenses
attendant on the renewal of the lease, the expression used
by the testator being " to be paid out of the rents, issues,
and profits of the estates." The Court held that under
these words the trustees were at liberty to provide the
fund as it should be required by sale or mortgage of the
property, in as much as the renewals could not await the
gradual accumulation of annual rents and profits, and a
trustee could not be called on to draw on his
own credit. This gave rise to another question,
most important in principle, and also from the extent of
property involved how far the present Duke of Marlbo-
rough should contribute in respect of the fines payable on
renewal as they should occur during his tenancy far life.
In the case of Allan v. Backhouse, in which the same di•
rections were given by the testator, Loid Eldon was of
opinion, that although the fines were to be provided for by
mortgage, the tenant for life should bear a proportion of
the expense, and it was referred to the Master to
ascertain and report the apportionment that should take
place between him and the remaindermen.

HONOUR,Hts on a former occasion, in giving his opinion
on the first point, stated he felt great great difficulty in
following that decision, although it had been affirmed on
appeal. He could not refer it to the Master to determine
what proportion should be paid by the tenant for life, be-
cause that must necessarily depend on the period of his
enjoyment, which it was impossible to estimate till after
his death. There were only two ways in which it
might appear at first sight, that it was possible to do
it ; but they were in fact really nugatory. In the
first place it might be done by compelling- the tenant
for life to give security that his assets shall answer the
proportion which, at his death, should be found due by
him according to the period of his enjoyment ; or it might
be left to those entitled in remainder to recover against
his assets ; but it was extremely unreasonable to call on
the tenant to ►give that security. Was be not to enjoy the
interest intended for him by the testator unless he provided
a security which it might be impossible for him to pro-
cure ? And then it was hard on the remaindermen to leave
them a remedy against a person whose assets might turn
out to be insufficient to meet the demand.

An opportunity having been granted by his HONOUR
that Counsel might address themselves to the question
whether the tenant for life should be called on for contri-
bution, the Court was occupied during the whole morning
with hearing the arguments upon that point, which had
not concluded when our Reporter left.

VICE-CHANCERY COURT.-(THIS DAY.)

TENNANT V. PHILLIPS, AND PHILLIPS V. TENNANT.

The COURT, on its sitting this morning, proceeded to
hear the resumed arguments of Counsel in these causes,
which had been postponed from Saturday last. The at-
guments had not terminated when our Reporter left.