The Sun.
London, England, 1829-05-23 00:00:00

WELLESLEY V. DUKE OF BEAUFORT.

Mr. SUGDEN stated that this was a petition, pray-
ing that an order obtained by Mr. Wellesley, for the
taxation of the bill of costs, and his personal at-
tendance thereon, might be discharged. The peti-
tion stated that the ostensible reason for hearing the
taxation was the reduction of the bill of costs, yet
that, in point of fact, it was believed to be for the
purpose of seeing certain letters, which contained
matter remarking strongly upon the conduct of Mr.
Wellesley.
His LORDSIUP could not see any good that would
result from the taxation at the present moment.
Why not defer it till the appointment of guardians.
Mr. HoitNa conceived the interest of the infants
could not be protected without it. With reference
to the allegations contained in the petition as to the
intentions of Mr, Wellesley, his Lordship would see

they were distinctly denied by '
`the, aft34avits OR his
part.
The case was prOceeding when we left, at half-
past one o'clock.
The LORD CHANCELLOR intimated, in the course
of the morning, that he shOuld have to leave early
to-day, in consequence, we understood, of having to
attend a Cabinet Council.

VICE-CHANCELLOR'S COURT.
JUDGMENT.-OLDMAN V. SLATER.

His HOsouß gave judgment in this case, the
question in which related to the legal construction
of the Will. of a gentleman' named Watson. The
testator„after,giving several sums to charitable in-
stitutions, made the following bequest :—" I give
to my dearly beloved wife 1,2001. a year for her
life, and my house and furniture; and after her
death to my friend Samuel Slater, and his heirs for
ever.

The Counsel for the plaintiff (who is the next of
kin,) contended that the meaning of the testator was
only to give the house and furniture to Slater, and
not the 12001. a year.
His HONOUR said he could not come to such a
conclusion. It was clear from the whole will that
the testator watnot conversant with the idiom of the
English language, or he would instead of the word
and have used the word also, which would have
prevented the possibility of doubt respecting his
intentions. He (the Vice-Chancellor) however felt
no difficulty in the case, being clearly of opinion
that it was the deceased's wish to give the
1,2001. a year, as well as the house and furniture, to
Slater; he should, therefore, decree accordingly
with respect to the costs. He thought, as the
question had been properly brought under the con-
sideration of the Court, they might be paid out of
the testator's estate.

The Court afterwards disposed of a great many
motions of course, and by consent.

COURT OF KING'S BENCH.
PARKER V. MAY AND DENNIS.

The SOLICITOR-GENERAL shewed cause against a
rule nisi for a writ of prohibition, to restrain the
Ecclesiastical Court at Norwich from proceeding in
an action in which the present defendants were
plaintiffs. The present plaintiff is executor to a
gentleman named Michael Coles, who had directed
by his will that his land should be sold, and the
assets treated as personal property, and divided
among his grand-children by his late daughter.
The land was so sold; the executor admitted having
a balance of 1561. in his hands, and the present de-
fendants being legatees tinder the will brought an
action in the Ecclesiastical Court to recover each a
share, amounting to 461., that Court having juris-
diction over personal property. The Learned
Counsel now contended that the executor instituted
the present proceedings under the pretence that the
demise arose out of real property, over which that
Court had no controul, in order to drive the legatees
to an expensive suit in Chancel)/ to recover 461.,
hich had been owing ever since 1815. The ad-
mission of the executor that he had the money in his
hands was sufficient to justify the Court in the as-
sumption that it was personal property ; in support
of which position he cited several cases. _ _

Mr. Hu•TcHINsoN contended that the Ecclesiasti-
cal Court had no jurisdiction in this case, as a man
could not change property which was real at the
time of his demise, into personal property after it.
The COURT decided that the Ecclesiastical Court
had no jurisdiction in such cases, as the mere fact of
an executor having sold an estate, did not make that
estate personal, if it were real at the time of th•
demise.—Rule made absolute.

MAT 22.

NEAPOLITAN LOAN.-ROTIISCHILD V. HENNING 3.

The following is a more full account of this trial
than given in our paper of yesterday :
The Court gave judgment to day upon the im-
portant question involved in this case, which was
brought before them by a writ of error, for the
purpose of having the decision of the Court of
Common Pleas reversed. It will be recollected that
it was an action brought by Mr. Hennings against
Mr. Rothschild, the plaintiff in error, to recover
back deposits paid on some Neapolitan Bonds; part
of a loan for which Mr. Rothschild was the con-
tractor. The Jury returned a verdict for Mr. Hen-
nings, and the Court of Common Pleas sitting in
banco, afterwards refused to disturb that verdict.
Mr. Rothschild then brought the case before the
Court of King's Bench, when it was argued at con-
siderable length.
Lord TENTERDEN, in giving judgment to-day,
said, that it:would be unnecessary for him to state at
length the reasons which induced the Court to re-
verse the decision of the Court of Common Pleas,
as this case came entirely within the rule laid down
by Sir John Leach, in Dee v. Rothschild, reported
in Ist Simon and Stewart, page 509. It was there
laid down, that as the plaintiff had himself, in the
first instance, violated his contract with Mr. Roths-
child, he had no right to require subsequently either
that Mr. Rothschild should return the deposits or
specifically perform the contract. That case was
exactly similar to the present.
Judgment of the Court below reversed.

PALACE COURT, MAY 22.
CATIIIE V. LEACH.

This was an action brought by Mr. John Cathie,
the performer and copyist at the theatre Royal
Drury-lane, against Mr. Harvey Leach, the cele-
brated dwarf and man monkey of that establish-
went, to recover the sum of 3/. Is. for the manu-
script copy of the grand serious pantomime and
ballet of action of La Perouse or the Desolate
Island, and the whole of the music of the piece.
The singular appearance of Mr. Leach, who stood
upon the table immediately under his Counsel (Mr.
Hannagan) produced much curiosity. Mr. Cathie
conducted his case in propria persona, and the Jury,
after evidence had been heard on both sides, found
a verdict for the plaintiff in the full amount claimed
and costs.

THE FUNDS.--(THIS DAY.)

CITY, TwRLrR o'CLocr.

Consols opened this morning at the closing price
of yesterday, 87i 88, and are 881 for next account,
with little or no business doing.

The Foreign Market also remains in a very dull
state. Brazil Bonds 541
Three per Cent. Consols, 81-88 87i ; Tliree per Cent.
Reduced, 87h; Three and a half per Cent. Reduced,
96i 4 ; New Four per Cents., 103 f 4 ; Four per Cents.
1826, 104 ; India► Stock, 227} ; Ditto Bonds, 54 pm. ;
Exchequer Bills, 68 70 pm. ; Consols for Account, 573 8.

TWO O'CLOCK.

We have a report of a large failure in the wool
trade. Consols are not improving; they may be
quoted at 87i for Account, and 881 for next time,
with not much business.

THRRE O' CL CK.
Consols for account, 871 88; for next time, 811,
buyers.
FOUR O'CLOCK.—CLOSING PRICES.

Consols 88
Do. for Ac. 88
Brazilian Bonds 54-i
Buenos Ayres
Chilian Do.
Columbian, 1824151

Dakish
Greek, 1825
Mexican, 1825 15
Peruvian
Russian
Spanish 9f

In the New York corn-market a further re-
duction has latterly taken place, in consequence of the in-
telligence received from Liverpool of the 17th of March.
The previous inspection returns exhibited a material in-
crease in the supplies. Of flour, the quantity on hand was
from 20,000 to 25,000 barrels, half of which Wab held by
farmers and millers in the country, and the balance for
foreign account. Most of it was expected to be shipped
off fur England. During the week ending on the 18th
ult. 4,760 barrels of flour were exported from New York,
3,460 for Europe (England chiefly), and 1,306 coastwise.
Loch Katrme in Scotland is about ten miles
long, and one broad. Its depth in some parts is nearly
500 feet. Its temperature, at the surface, is 62 degrees,
and at the bottom 40 degrees. The like never freezes,
and in winter is much resorted to by swanc—North
Woks Chronicle.

HAY M A RKETS.—(A t per Load ‘f 36 Trusses.)
ST. JAMES'S.

Coarse heavy Lowlan 1 Meadow Hay £2 0 to £2 10
Best New Meadow Hay 2 10 2 15
Fine Upland Meadow and ltye-grass Hay 3 10 4 4
Clover Hay 3 10 5 0
Oat straw £l 16 to £2 0 1 Wheat Straw 2 0 2 6
A moderate supply, and a dull trade, at Tursday'a prices.

SMITHFIELD.
Coarse heavy Lowland Meadow Hay £2 2 to £2 S
Best New Meadow Hay 2 17 3 4
Fine Upland Meadow and Rye-grass Hay 3 4 4 0
Clover Hay (extra fine)....£s 5 ... Generally 3 0 4 10
Oat Straw .ZI 14 to £1 18—Wheat Straw 1 IS 2 2
The best Meadow Hay 4e. per load lower than last quoted ; in
prices of Clover and inferior Meadow Hay and Straw no altera-
tion. A moderate supply. and a dull trade.