The Sun.
London, England, 1829-02-09 00:00:00

COURT OF KING'S BENCH.

SITTINGS IN BANCO.
SITISII CLAIMANTS ON FRANCE-.--THE RING V. 3IAC-

KENZIE.

Lord Tnn•rtancri gave judgment in this case this morn-
.. ing. It will be recollected that a rule for a mandamus
Was obtained in this case to oblige the Commissioners for
the rlistributien of the grants awarded by France for
the indemnity of British subjects, whose property was
`confiscated during the war, to pay a certain sum
I to the trustees of Law and Chevalier, a firm whose pro-
perty was confiscated in the lonian Islands, from certain
balances now remaining in the hands of the said Commis-
sioners. It appeared that the awards in question had been
granted by France at two different times, for the reim-
bursement of two different classes of claitnants,—the first
chess comprising those persons who lost their property in
Paris, and the other those who had been despoiled in the
lonian Islands. The grant for the Paris claimants had been
stAcitnt to satisfy all the claimants, and to leave a consider-
We balance in the hands of the Commissioners. The other
'class of claimants, however, were not so fortunate, for the
ttant for the liquidation of their claims had only yielded
83 per cent. The claimants in this case being one of the
latter class, applied to have their claims liquidated from the
Watt of the grant which had satisfied the other class. The
tummissioners refused, and the claimants applied to this
'cPilr't, and obtained a rule to show cause for a mandamus,
and the Attorney-General and Solicitor-General showed
cause at considerable length on Saturday, contending that
the grants by France being made by two separate con-
ventions for the two specific. classes of claimants, the
surplus of either sum, if any remained after fulfilling the
purpoae for which it was granted, clearly belonged to the
Government, and was not available to the other class of
claimants.
Lord TENTERDEN in giving judgment this morning
stalk that the Court considered, that the Act of Parlia-
Which.had been granted to empower the Comtnia-
su:NitTs to liquidate those claims, di:l.not_vtat. Inem au-
,o.a.ntlieb the overplus which remained after the li-
quidation of one class, to make up the deficiences of the
other. In the opinion of the Court, the sum which re-
mained clearly belonged to the Government, was at the
disposal of the Lords of the Treasury, and not in any wny
under the controul of the Commissioners, after all the
claims had been liquidated. If it had been intended by
the Act, that it should have been applied to the deficiencies
of the other class it would have been expressed, as one een-
lence could have made it clear beyond a doubt ; there was,
'however no sentence of that sort, nor any one which could
bear Ate construction, of intending to grant them that
Myer.
The Court therefore did not think proper to or-
der the mandamus.'•
Mr. Justice B,,sicEir (to Sir J. Scarlett)--It is not itn-
, Possible that the Treasury may pay you,. Sir James.—(A
laugh.)
Sir J. SCARLETT-They will behave most unjustly, my
I.Ord, if they do not.

THE RING tf. R. SEYMOUR.
ThisAefendant, a man of large property at Croe Wood,-
Wilts, svas convicted, at the last Assizes for Wilts, of im-
proper conduct with his servant, Charles Macklin, and
was galled up this morning to receive the judgment of the
Cong.., The Judge's notes of the trial occupied Mr. Jus-
tice Pat)t nearly three hours in reading.
Mr, Sergeant Wane attended to plead in mitigation
of punishment for the defendant, who appeatied dreadfully
agitaledduring the reading of the evidence, and wept and
sobbed aloud. The sentence was not expected to be passed
till 4,144- hour.

TarLoa V. nosTocK AND ornEsg.
Mr. D. PoLtocit moved to make a rule obtained on
a former day in this civ,e absolute.
Mr. PArnsolf showed cause against the '.-rule. The
'Conn were asked to set aside the proceedings,in this case
on the ground of irregularity in serving pro4cBB. What
'was that irregularity? why, merely serving the iwrit, which
,Vas'direeted to the Sheriffs of London, upon the Men-
.dattt, when he was on the Surrey side of the
,water ; but
he (Mr. P.) should submit that the defendaretti bad waived
their *right to take advantage of this irregularity, by
allowing several days to elapse before they made this ap-
plication.
. After some conversation between Mr. Baron llmocx
itud•Mr. PATTISON, the rule was made absolute.

PREROGATIVE COURT.
IN THE GOODS OF LORD LTTTLETON, DECEASED.
Dr. LUSHINOTON said he was instructed, by the consent
of all parties, to move the Court that it would order pro-
bate to he granted to certain testamentary papers, in the
hand4riting of the late Lord Lyttleton. His Lordship
died on the 12th November, 1828 ; he was at the time of
hie death, and 'bad been for some time previous, a lunatic.
In the year 1826, a Omunission de Lunatico Inquirendo
Passed the Great Seal, which declared him of unsound
mind, and incapable of managing his affairs since the year
1825; A Committee was accordingly appointed, who
immediately took possession of all Tipers,and documents.
One paper was found indorsed in the hand-writing of his
Lordship, "My last will." There were several other sealed
packets found endorsed "Codicils tcv my will." There was
also, at the time of his Lordship's decease, another
Paper found, containing instructions ' to his soli-
. eitor, respecting the will, which was dated
. 71 1794, the paper was endorsed, " This paper is to
he given to my solicitor after my decease ;" bat as it was
only dated in 1827 the Court could not take cognisance of
it, his Lordship being at that time a lunatic ; the real
Property of his Lordship amounted to about 30,0001., on
which were incitmbrances to nearly 20,0001. ; the will
• appointed the I,lob. Mr. Legge and Mr. Fullmer execu-
tors:. the lattei gentleman died before his Lordship, and
Air.. Legge had since renounced administration ; the next
of kin was, however, willing to accept probate. The
Learned Counsel, therefore, prayed the consent of the
Court.
• Sir Jolts NICHOLr. decreed accordinely, granting pro-
bate of all the papers in the band-writing of the deceased
to the next of kin.

Ht. FARQUHAR'S WILL.-..COLVIH V. FRAZER.
Dr._ Lustilxvrow, who was heard on the last Court
day, in behalf of the next of kin, this morning resumed his
arguments, the Learned Advocate was proceeding when our
Reporter left.

•
SIR. kJ tiONNELII, MX. A
a quarter past
two o'clock yesterday, an immense crowd of the lower
orders asaeinbled outside Mr. O'Connell's house, in Mer-
-1;1°n-square, for the purpose of witnessing his 'departure.
0!.H0O. Gentleman appeared at half-past two, and took
MlESeat in tbo dickey of his coach, and having bowed Neve-
Sal tinies to tbe mob, set off at a rapid rate for Howth,
f°ll°lvoi by as many of the multitude as were able to keep
up with the carriage. He wore a blue cloak, blue cap
with a band of green and gold.—Saunders' News Letter
of Saturday.
The letters received this morning from Cux-
haven, to the 2d inst. represent the frost as having been more
Zevere, and the ice heavier- and thicker in the Elbe, than
"ad been known for many years, and it was feared some
time ninstelapse before that rimer would he navigable.
• -
'meeting took place ion Friday
week a4Ascot-lieatli, between Alfred D--s--n, Esq., and
F.!:ancie P—s--t, Esq., a foreigner; the former accom-
Pjahied by Captain W—d, and the hitter by a foreigner of
"410 r; .on.'‘ On the signal being given to fire, Mr. D.
fired in t air, anil-Mr. 13.'n ball entered the ground about
grip inches oin Mn. D.'s feet. Here the seconds inter-
. and atte ted to settle the affair; but Mr. P. in-
sisred on their aga n, taking their ground. Mr. P. fired
With Out taking effect ; but Mr. D's ball taking his
• ,•°Prinnent's left hand, shattered it in such a manlier, that
• • for first and third fingers were obliged to be immediately.
;Atpktated. LThis was an affair of some standing, and
P. had conic to England from Lausanne for the ex-
i:teas purpose of challenging Mr. D.l—Windsor Express.
SIR WALTER SCOTT.—" Sir Walter 'Scott
'B'antvingaged in writing his life, of which more than 100
.pages are already printed. It is to be prefixed to a new
edition of hiictiovels, beginning with Waverley, and to be
PUblished in numbers, or volumes, in a neat small form,
fd moderate in price. Some valuable notes are also to
itt'
added to each work.:- A third series of the Chronicles
" also in a forward state.:' (The above has conic to us
anonymously; we have marlejnquiry into the facts, and
are enabled to state, that Sir )1174ilter Scott is not writing
kis life; but will, with the new edition of the novels our
correspondent describes, pretty accurately give an account
• of various circumstances - connected with their origin,
.Which will no doubt interest the public. Anne of Geren-
, nein is the novel our correspondent alludes to, and which
he Will find announced by name at the beginnink of the
second ...eriett of Tales of a Graudfather.—Scotsman.)