The Sun.
London, England, 1827-02-22 00:00:00

MEXICO.

The following is given as the present state of the Mexican
Navy :
IN ACTUAL SERVlCE—Congress 74, Libertado 40, Guerrero
2°, Constantia 20, Victoria 18, Bravo 16 ; Schooners Herman,
Luciana, Tlascultica, Arizaba, Papoloapar, Tampico, and Felix.
IN ORDINARY—IguaIa, Anahuac, Ricardo, (lalco, and
Tescuco.
BurLnlNG—One Corvette 28 guns.—Total 19 sail.

The principal Naval Establishments are at Vera Cruz, Alvarado,
and St. Blas.
The pay of the Officers and Seamen per annum is as follows :
Captain de Navie, with Midshipman, Ist Class.. 444
the rank of Brigadier- Ditto, 2d Ditto ......... 261
General
Dollars 8000 Ist Boatswain ...... ..... 720
3600 2d Ditto .. ................ 450
Captain of Frigate
Ist Lieutenant 2160 Captain of Guns (month) 20
2d Ditto
one frigate, a brig, and two schooners,
It appears that only

were manned, and these are said to be in excellent condition,
under the command of Commodore Porter, and were creizing in
the neighbourhood of the Havannah.

SUN OFFICE, Four o' Clock.
We have just heard a report of the Bishop of Ro
cIIESTER'S death.

'We have seen, with much pleasure, the announce-
ment of a new and neat diamond edition of the Sonnets, &c. of
Mr. D. T. Richardson. We expressed our opinion of them some
time since ; and have now merely to state that a second perusal
justifies our former favourable notice of their merits. The typo-
graphy of the volume equally deserves praise, and reflects no little
credit on the exertions of Mr. Jones, the publisher. We trust his
deserts may meet with corresponding success.

LAW INTELLIGENCE.-(THIS DAY.)

VICE CHANCELLOR'S COURT.
JUDGMENT.
ZHZ ATTORNEY-GENERAL V. THE EARL Or LONSHALE.

The VICE-CHANCELLOR gave judgment in this cause to-day. It
was an information filed by his Majesty's Attorney-General, for
the purpose of procuring the application of certain funds to the
maintenance of a charity. It appeared, that in the year 1697,
John, the then Viscount Lonsdale, executed a deed, in which,
,afvr reciting that he had erected a school-house for the education
of the Sons of gentlemen, he devised the ground on which
he had so erected it, as well as certain other property, to
trustees, for the maintenance and support of the Masters,
Ushers, and others, employed in that establishment. In
the year 1698, Viscount Lonsdale made his will, and without
adverting to the deed previously executed by him, he dev'.•d in
this will certain land and tenements, and other property, to trus-
tees, for the support of the school in question ; the property so
devised by his will was not the same as that included in the deed,
and he merely referred to the school-house as one erected by him,
but he made no devise of it in the will. On the part of the
defendant it was argued, that the school-house was erected on
lands comprised in the family settlement, and of which the donor
was merely tenant for life, and that therefore he had no power to
devise it. It was also contended by the defendant, that
the deed had never been duly delivered, and that there-
fore the Court c.ght not to give it effect after the lapse of a
century. With respect to the first of these objections, his Honour
was of opinion that the deed had been delivered, and the Charity
carried on for forty years, until a successor of the donor suffered a
recovery of the property destined for its support, and discontinued
the school altogether, since which time the family had enjoyed all
the rents and profits. His Honour, was of opinion, that the
donor bad no right to divide the ground on which the school-
house stood. The next objection urged by the defendant, was,
that as the school was destined for the education of " gentlemen's
sons" it could not be considered as a charity. It might not he a
charity in the popular meaning of the word, but his Honour
was clearly of opinion, that under the Statute of Elizabeth, all
schools were charitable institutions, no matter for whose benefit
they had been founded. Another objection was, that the Viscount
did not devise the property in question generally for the main-
tenance of a school, but for the support of a particular
school, erected on particular ground, and that as the school-
house itself did not pass, the charity must altogether fail.
To this objection the Attorney General answered—true it is, that
Viscount Lonsdale could not pass the school-house, but then be
gave by his will, to those entitled to this school-house under the
family settlement, other great benefits, and therefore they are bound,
under the principle of election, to confirm his devise of the school-
house. His Honour was of opinion, that the principle of election did
. not apply to this particular case, inasmuch as there was no express
grant in the will of the school-house to the trustees. In fact, it
was merely referred to in the will. But on perusing the
will, it occurred to his Honour that Viscount Lonsdale, by certain
words used by him in that instrument, removed all difficulty, for he
in reply expressly stated that, in case the School failed, the emolu-
ments derived from the property should be applied to such other
charitable purposes, as his Executors should deem most con-
ducive to the interests of the county of Cumberland, and par-
ticularly of the parish of Lowther, which was in effect saying
"should this, my scheme fail, then let the profits be applied to
other charitable purposes." His Honour was therefore bound to
declare that this was a clear devise of the funds for cha-
ritable purposes, and he should therefore direct that it be re-
ferred to the Master to enquire as to the state of the
property so devised and who the proprietors of it now were,
and that the Master be directed to take an account of the rents
and profits arising out of the property for the six years next
before the filing of the information, and that he settle a scheme
for the application of the property to such charitable purposes, as
in his opinion should be most conducive to the interest of the
County of Cumberland, and particularly of the parish of Lowther.
His Honour further directed, that the defendant pay the costs of
the suit.

Mr. PEMBERTON reminded his Honour, that part of the pro-
perty devised by the will had since been sold for 1,000/.
His HONOUR directed that the defendant account for that sum
and the interest on it for six years, before filing the information.
Mr. SHA DWELL, for the defendant, urged, that as the informa-
tion had failed with respect to the school-house, his client ought
not he compelled to pay all the costs.
The VICE-CirANcELLox said that, although no blame could
attach to the defendant, still that it was but fair to punish him for
the sins of his ancestors who had made the suit necessary.
It should moreover be remembered, that the family of the de-
fendant, as well as the defendant himself, had for a great number
of years been receiving the profits of this property, to which they
had not a shadow of right.