The Sun.
London, England, 1818-12-04 00:00:00

THE EARL OF COVENTRY.

This Nobleman, with that loyalty which has
always distinguished his character, has laudably
recommended a Meeting in the Connty of lifor-
cester, for the purpose stated in the following
Letter :

" Croome, Dec. 1, ISIS.

" MY DEAR beg leave to request you will take the
earliest (4.port unity after thr funeral of her Majesty, which I
understand is intended to-morrow, to convene a I itiity Meet-
ing►, for the purpose of proposing an Address of Condolence to
-his Royal Highness the Prince Regent on that afflicting event.
" Uelieve me, dear Sir,
" Ever your's, most truly,
(Signed) " COVEN ray."
To Samuel Wall, Esq.
High Sheriff, &c. &c. Hallow Park.

In compliance with the request of the Lord Lieutenant I do
hereby appoint a Meeting of the Mobility, Gentry, Clergy,
and Freeholders of the County of Worcest,T, to he holden on
Sat orday, the 12th day of December inst. at Twelve o'Clock
at noon, at the Guildhall, in the City of Worcester, for the
purpose above stated.

SAMUEL WALL, High Sheriff.
Hallow Park, Dec. 3, 1818.

UNIVERSITY I NTELLICiENCE.

CAMBRIDGE, DEC. 3.—Wednesday last, being
the day appointed for the funeral of her la•e MJjes-
ty,thereas non- terns in theUniversity,and the con-
gregatinrt which had been previously fixed I that
day, vas postponed till. the following. Time great
hell at St. Mary's was tolled on Tuesday evenin4„
and again early in the morning of Wednesday,
and continued tolling throughout the whole of the
day.
At the congregation rsterday, the Senate voted
a dutiful Address of Condolence to his Royal High-
ness the Prince- Regent, on the death of her
late Majesty the Queen ; and the Address is
to be presented to the Prince Regent this clay,
by the Vice-Chancellor, in his Royal Highness's
closet.
The sermon on the death of the Queen, to be
preached at Great St. Mary's on Sunday morn-
ing, will be by the Bishop of Landatf.
The sermons at St. Mary's on the Sunday after-
noons in the present month, will he preached by
the Rev. Mr. Holmes, of Queen'', College.

We have the pleasure to eougrat‘date the coon-
try on the safe return of every i:ulividual of the
British Contingent of the late Army of Occupa-
tion in France ; sod we should be deficient in
duty if we soffered the opportunity to pass, with-
out paying a well-merited compliment to the Offi-
cers of His Majesty's Nary, to whom were en-
trusted the arrangements for emb,rking the troops
and horses at Caddis. To the unwearied zeal and
unremitting attentimr of these .qfficers we owe it,
that 29,700 men, 2,900 e omen, 2,800 children,
and 7.700 horses, were shipped on board the
transports in CAlais hariorir, in 28 days, wiltout
an accident, being two lays within the time pre-
scribed by Governmnr. Anxious to put the
finishing stroke to a service so well performed,
Lieutenant CHARLES CAURCH, the Second in
Command, ieft Calais the other day in a small
four-oared boat, lot the purpose of proceeding to
Dover, to hasten the return of the last division of
transports ; the gallant Officer had scarcely got
mid-channel when the wind shifted, and blowing
strong and the flood tide making, himself and his
venturous companions were placed in imminent
jeopardy, from which, after huffetting about for
nearly 12 hours, they were rescued by a Deal
boat, who, observing their danger, hastened to
.their relief, and towed thttm safely into the
Downs, where they landed about midnight, awl
taking post-chaise, Mr. Cuuccx proceeded int-
Anediately to Dover, to effect the object of his
mission.

Mr. HoasLEY's Ctitt.D.—We have the satisfac-
tion to announce, that Mrs. Horsley has received,
by a Homburg!) Mail, letters from Mr. Horsley
of the 25th ult., in full confirmation of the intel-
ligence received a few days ago, via Holland, of
the safety of the child, and the apprehension of
the Villain who stole it, which took place on the
23d ult. at Braka, near Bremen. The clothes of
the child were changed ; but it was in perfect
health, and was safely lodged in the house of the
British Consul, until due authority could be re-
ceived from-the Government of the country where
Broka is situated, for delivering hunt to his fa-
ther. The perpetrator of this atrocious act could
not he surrendered for the purpose of removal, to
take his trial in this country, until an application
Was received' row our Goverrrutt•nt.

Mr. WEST, the venerable Preskdent of the
Royal Academy, has presented :I,e parish of St.
Mary-le-bone with a :fine picture of The holy
Family. which is tt) be placed op as an..olar-piece
in tint• New Church ; and the present transparency
of the Angels appearing to the Shepherds is co ba
removed,

LAW INTELLIGENCE.

COVRT,

TN .THE MATTP i (11.' WALCOTT'S CHARIT'

FIABT this to be a petition presented
1 y •he Rev. Dr Wordsworth, Rector of bambeth,
pod by the two Church-wardens of that Parish,
yraying- that the Court would refer it to the Mas-
ter to advertise in the London G4zette and the
IN'ewsnapers, for the legal heir to this estate, and
is case no such heir_ should be found, that the
rkintiffs might he at liberty to apply to Parlia-
ment for an act on that subject, and that in the
meantime, a receiver might be appointed.for col-
-I(•cting, the rents of the charity property. Whet..
Ro application of a similar nature was before the
Court on a former occasion, the Attorney-Ge-
neral resisted the application, awl it was refused
by the Court, but the Master had since reported,
at the Law Officers of the Crown had sinCe given
,u any claims which the Crown might have been
supposed to have had on the property. He did
not see how the motion for a receiver could be
resisted, for surely it was proper that the rents
should be secure in the meantime, till sonic fur-
ther measures were taken. The Master had not
reported how the present tenants came into nos-
session,because he though/ himself prevented from
so -cluing by the want of the legal heir.
Mr. ROUPELL, on the same side, remarked that

the subject was, beyond all doubt, a very im-
portant one, in consequence of the great value
of the property. The' testator bequeathed his
estates, one part to Lambeth parish and the other
to St. Olave's, in the Borough ; but St. Olave's

. ~
parish having got an Act of Parliament on the
subject, all matters were amicably conducted
A there. 'the property was left in 1667 to tho pa-
rish of Lambeth, and the Rector and Church-
wardens had granted leases, on which buildings
evere erected, and they bad further entered into
cEititt acts for granting new leases at very advanced
y,nts, when it was found out the devisee had not
given them a legal title to the estate. The (ies-
- tion therefore came before the Court, whose duty
it was to provide who was the legal heir. The
Master, in his report, suggested that it would be
proper to advertise for the legal heir ; and in the
event of his not being found, the Act of Parlia-
ment would at once declare the property vested
in the Rector arid Church-wardens, ,for the good
of the charity. The tenants refused to pay the
rents to the plaintiffs, till a legal title was made
to the estates ; and therefore a receiver ought to
be appointed, as the pldintiffs could not distrait)
for the rents.
dit
Mr. WETHERALL, on behalf of setae.l pa-
rishioners, contended that the pres'ent i.:' - was,
by Sir Samuel Romilly's Act, put beyon 'the ju-
risdiction of the Court, as that Act bad provided
a summary relief by petition to the Court, only
in cases of breach of trust, but no other.
The MASTER of the ROLLS sail, this objection
ought to have been made in the first instance, and
MA after so much litigation had taken place.
Mr. \VETE! ER ALL said, his clients bad originally
no idea that the case would have gone so far as it
bad since done. By the order of the Court the
parishioners were to have due notice of any appli-
cation to the Court, and this was the cause of
their being parties. In the case of Skinnier and
the Lawford Charity, Lord Eldon held, after
some consultation with the Vice-Chancellor and
the Master of the Rolls, that Sir Samuel Ro-
nrilly's Act gave the Court jurisdiction only in
cases where there was a ditect and gross breath of
trust. Tire very Act itself, in its preamble and
recital, expressly declared this to be the case,
. and it provided then, tha't to save expence ap-
plication for-a summary remedy could he made by
petition to the Chancellor. In this case there
was no breach of trust, and were it to he consi-
dered as included under Sir Samuel's Act, then
on tire same principle might petitions be filed,
and trot bills for the performance of special con-
, tracts, or in any other case whatever that came
before the Court. The well-known case of the
Corporation of Bristol was analogous to this, as
Ire conceived, and he felt convinced, that if in
this case, the receiver was appointed, as he
trusted would trot be the case, it %void(' be giving
• an infinite latitude to Sir Samuel Romillv's Act,
which that great lawyer himself bad not even the
slightest idea of.

Mr. WINGFIELD, on the same side, argued at
considerable length, that the proper course would
have been not to file a petition, but an informa-
tion, according to the usual practice. It was
'utterly impossible the tenants could attorn, for
no pet son had the legal estate. The Rector and
Church-wardens could not receive the rent in a
corporate capacity, they not being a corporate body.
The case of the Lawford Charity was precisely in
point, as there one trustee had contracted to
grant a lease to a ptrson who afterwards became
a party, and afterwards applied to have that set
aside, but the Court declared they bad no juris-
diction to. do so.

Mr. BELL appeared for the tenants, and con-
tended that the appointment of a receiver. would
be, a very great hardship on them, as they must
either attorn to him, or stand in danger of being
_committed for contempt of Court, They refused
to pay till they saw the legal title vested properly
somewhere.
Mr. lIART replied. •
The MASTER of the itou.s said, the great diffi-
culty he felt was the taking proper care not to go
too far. To a certain extent the Court had juris-
diction, and this case, he thought, had been very
properly brought before the Court. The objection
to the Court having no jurisdiction, certainly
came with a very bad grace front the parishioners,
who themselves had originally come to the Court,
praying the Court to interfere. 1-le thought, on
the whole, that the best way would he to refer
the case to the Master, to inquire under what cir-
cumstances the tenants had come into possession,
and to advertise in the usual manner for the legal
heir. That inquiry could not possibly take up
much time, and WI it was made, be did not think
Limselfjtistifted in at once appointing a receiver.
Mr. HART—Men, sir, I insist that the names

of the teo3nts for whom Mr. Bell appears may be
p!ared ill the order to the Master.
The, MASTER of the itot..Ls—l. can see no ob-
jection to that.