Star.
London, England, 1823-07-24 00:00:00

NAVAL INTELLIGENCE.

Fausoirm, JULY 211. —A rrived his Majesty's brig Sumer,
from Portsmouth for the Kest Indies; also Duke of York
packet, from Jamaica—sailed 17th of June.
PLYMOUTH, JULY 22.—Wind N.W. . Arrived the Facarc
brig of war, from the Westward. Sailed the Nassau Tat-
MAYNE. for Gibraltar; Kent, Hoar, for America. The Her-
cules, Vounnor is ready for sea, waiting for Sir Paw. limo.
Poassmousu; s,
Juur 23.—Wind &W.—No arrivals or sailing%
Dual", Jinx 23,—Wind LW.—Arrived and sailed for the
River, the Clifton, SanrH, from Jamaica ; George Hibbert,
Darsuout, from Antigua • and Briton, from Jarnaisa ; also
Amity, hPle wrser • Fleetwood, BUCK; Wellington, Arum;
John, Kota ; and Canadian Packet, HEAR: ; allfrom Januica;
also the Quebec Packet, Asenuox, from Quebec.
Currors-Housa, Jut.' 23.—Ships Entered Towards :—The
Marlborough and Fortituide, from Jamaica; Lively, from Har..
lingen ; Britannia, from the South Seas; King George, from
Petersburgh ; and Exchange, from Dublin.—Clearing Outwards:
The Commerce, for Calais • Sisters, fur' Dentarara • Thomas,
for Harnburgh ; Hector, for Naples ; Voast, for (7ibraltar ;
Lively, for Messina; and Britannia, for Petersburgb.

The following is an extract from a letter written
by an officer of his Majesty's ship HYPERION, dated •
June 22, in lat. 30. N. 10ng.78. 50. W.
t, We sailed from Jamaica on the 3d of June, with
50 sail of vessels under convoy, for England--the
HYPRRION to see them as far as SO N. and then to
return to Jamaica, calling at Porto Rico, and Jaque-
mel, St. Domingo. On the 15th we have to off Ha-
vannah, to take charge of whatever vessels might be
ready to plaCe themselves under our protection. Ships
of war are appointed to sail monthly from Port Royal,
with convoys for England. The following are the
stations of the squadron in the West Indies ;—GLoo-
CESTER (broad pendant of Sir E. W. OWEN, Captain
G. F. Ilion), at Port Royal; Fottre, at Barbadoes;
PYRAMUS, at Port-au-Prince; TYNE and EaaN, for
Vera Cruz, with convoy; THRACIAN, at St. Martha
and Carthagena, with convoy ; CARNATION, Bay of
Honduras, with convoy ; BUSTARD, UNION, and
LION, schooners, cruising off Cuba; Vatottops, ex-
pected at Port Royal, from a cruise; SCOUT and
Iciaus, at Port Royal, refitting, having lately ar-
rived fromt, a cruise on the coast of Cuba ; the Soar-
KAg and lIINGDOVR, at Barbadoes; Becucista,cruis-
ing in the Mona Nssage. The Esx is appointed to
sail for England with convoy.—The PIJAETON, being
about to return to England, sailed from Port Royal,
June 2, to visit the different military posts on the
island, taking Sir JOHN KEzuz and Staff.—The La-
ragasana (l.ue piratical schooner), captured by the
boats of the TYNE and 'f ImAci 4s, was fitting.out at
prbrt Royal, for a cruise."
The accounts from Naples say, that the crop of
silk has not turned out well, and the prices paid for
the finest silk have been very high. The accounts
from Sicily are more favourable.
CHELMSFORD RACES, JULY 23.
The Course was well attended, and the sport very good.
A Gold Cup of 100ga. value, by stabeeription of lOgs. each ;—•
3-yr.olda, 7st. four, tin. 4lb. five, set. 'gib. gat. 214
Three miles. The whiner to be sold for 500 p. if denlanded.
Ld Verulam's Vanden, 3 yrs old
Mr. Laboucher named 'Freudian, 5 yrs old
Duke of Grafton's Veil, 3 yrs old
Mr. Rush's ch. c. by Rubens, 4 yrs old -
Mr. Pellet's ch. c. Benevento, 3 yrs old
Harvey named Prosody, .1 yrs old
A fine race, and three placed.
Prosody fell at the tarn, but neither jockey nor horse were
hurt. 6 10 4 on iVeb-2 to 1 ago Tressilian—and 6to 1 agst
Yee winner.
The Town Plate of st6o; 3-yrold colts, sat. 7th. fillies, ast.
*lb. Heats, two miles. The winner to be sold for 250 gs.
Mr. Rush's b. f. by Pioneer 1 1
Mr. Pellet's ch. e. by Benevento 2 4
Mr. 13,0Weil b. f,
Blunderer
3 3
Mr. Smith's
,ch. c. 4 2
A beautiful race, and won by Robineen's jockeysbip, although
opposed to Dockray, a Mean rider, en ',Widmer. They were
altogether at 200 yards from home. Wen by a length. Even
oo Mr. Rush's b. L-41 to 1 apt any eke,.
Ma town of Camisigtottl was very f4ll on Tuesday evening.
Moue than MS albs at she Raes Disagree the Hoek Bey lee,
where every ditielley ibf the WOOD IlEf UMW eisi 'The company
consisted of the Gentry of the Cent/ chiefly. The Bali and
Supper ax the Town Hall, in the evening, wars very grand
Peale ; the tables were fitted up and set out ei -Pelt tastes'ant,
aplendoer, and the dancing was kept up till den/light.
• • VIOTTING MATCH.
Saturday last a treating match against time mob place tip**
Dover road, frogs the Olid to the 35th anik-atone. Mr. A, of
Chithasn, betted Chit bemeeld troChle favourite trulie Chip the
three miles in twelve misuitee ; she accomplished the distance
with perfect ease playing broke once) tial seconds veititio time.
It is bin initice POl►ir.4. to state, that the match was ir9o by
his steady riding.
CRICKET ' -
Tuesday and Wed twin the 111wkd Match between
elm" Gentlemen of sieves at the Port-
ia bland Club, was AO/4. ed and won by
Mambkdon, by 199 run; 'all pair r• I
HAIIIILIO)0106 • • raliketait. • •
yi It Innings 146 llse Inning!, r 53
ha Ditto - 173 241 Innings - 45
Total 317 • Total lip
A bat O at Cricket was played on Friday, between eleven of
Purboagoitind eleven of Coultam, which was won b/ Cosham.
by The
wickets.
The return matt* *Weft,* type kostioi aid) at BikhUms
'the Cricketers of pewes, was played at Lewes orf Monday....
The
vourPofrecedtheinglattinera,twitha "dglorrellat wicheted"Walto epape(ir."l4) aeolene=tl,6l;
illeßeTytelunkigneeeedin*Call: benvb,
tisrtairivict7iginteez7son'AUldilithtlerigieli4:blarnd.7l"s4l. 7tilietli7iAngree;4:llleie
expected to atmaet the printlyal anaments. at the Rd met uall
recreation of both Counties, to witness itxprocee and . ,
rt, 'be return match the Gentlemen of ,Ewe Sussex be their
oproupts of the Welt In the last *trunk; is ianow trick 1113.1
tie between the taro.
'PEPEsTRI4visu. .
The veteran Wright is performing the astonishing feat of walk .
iigelliemiles in ten successive days, being &Hobe per 40,
aille pimp ground behind the:Melee here. liesawy.
Tbosemade perilous amenable daily to.witrime this hefted...lp
task, which, should be accomplish, will be the greatest ever
known in the annals of pedestrianism.

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1

LAW INTELLIGENCE.

♦ICE-CHANCELLOR'S COURT, JULY 93.

WIRTH& e. LORD ANION AND OTIERIS. •
The circumstances of this case were very peculiar.
The.plaintiff, Mr. Winter, was the oenteratreatpro-
which he sold to a person of the name of
=mien :on a contract, -by which thelatter bound
himself to pay the purchase-money to the plaintiff's
heirs after hit death, and, in the meantime, to-pay 1,
him the interest on the wholeof the,purchase-money.
Moseley, however, after having mortgaged the estates*
became bankrupt, and his assignees sold theestateto
Lord Anson, who paid them.a part of the purchase-
money, and retained the rcutaintler'for the purpose;
of satisfying tke mortgages on -the estate. Under!
these Circumstances the plaintiff filed the presenißlll,
contending that he had alien on-the es t* 'for the
amount of the purchase-rnoney due on die
origirsal
sale to Moseley.
Their-ICE-CHANCELLOR, in giving judgment, -raid
this case was quite new .inissoircumstances, and ih-.
deed he might say, that an instance orsueh a sale of
property never before appealed in-a Cot= of &pity.
By the contract of agreement for the sale :of this•
estate to Mr. Moseley, the pntchase-tooney waittot
to be paid-until after the death of the vendor, who
thought proper to provide in this manner a fund for
his children ; but in the meantime, be WaS to receive
an annual -sum as interest on the purchase.money.
Thecoutract, therefore, stated this as-st.sale in consi-
deration of a future payment; but the conveyance
which was executed to Moseley stated it as a sale isk
consideration of a present -receipt of the purchase,
money. This statement of the conveyance -did net
appear to betrue in fact, as the plaintiff accepted a
bond at the time of the sale for the payment of pre-
sent interest on the purchase-money, which was not
to 'be paid till after his death. The question was,
whether, tinder the circumstances, the vendor bad:
any lien on the estate, so as to render it indispensable
until the time limited for the payment of the pur-
chase-money? As this case was one which had never!
before occurred, his .11onour said he must refer ao,
principles alone for its .decision; and nothing was so
satisfactory to the Court as to determine eases on,
principles which could be applied to all cases which
west of a similar nature, only varied by the par-
i
ticular circumstances which belonged to each cases
What then were -the principles applicable to the cir-
cumstances of -this particular case? Wherever a con- t
tract is as entered into for the sale of an estate at a,
particular price, the estate passed at law by themere•
conveyance of it to She purchaser, while in equity it
world not pass except on payment of the stipulated •
price. At the time of executing this conveyance, the
plaintiff took as seentity for the payment a personal
contract of the vendee. fn this Court a personal se-
curity was not aline sufficient to discharge the equit-
able claim of the veador, but was merely considered
as a collateral security ; and if the equity originally
existed, it would make no difference whether the pay-
meta were to be made at the end of two .days or two
years. The question, therefore, now was.. whether.
the .conveyance, bavisig passed the estate at 14w, it.
had not also paised it at equity ? There was no doubt
that a ven.tor might sell an estate iu the manner the
pl.tiutiff bad sold his, and might tererve to .himself
a lien on the estate so as to prevent the exercise of a
power of disposition by the vendee. bud he usight
teserve such a lien, after taking a personal security
kir the pay asset of the purchase-money ; but he could
not do so unless he expressed his reservation on the
face of the deeds of conveyance. No purchaser could
be allowed, in a Court of Equity, to contradict the
deeds under which he had effected the purchase, nor
was this attempted by the purchaser in the present'
case. The vendor was tare person who here came to
contradict his deeds, and to say that although on the
fees of the conveyance the money appeared actually`
to have been received, yet in fact it remained to be
paid at A future time. Now if the vendor could give
evidence of this, the vendee would be permitted so
show the circumstances under 'which this agreement
was made. '

His BONOUR said, that in thii use the paraent had
been actually made. He was of opinion, therefore,
that there was no substantial difference between the
expression of the consideration on the face of the con-,
veyance and on the agreement. and that the vendor
had no equity nor any right of lien on the estate for
the payment of the money now remaining due.
The plaintiff's bill was therefore dismissed.
ruaocitTivz cotritT, !MT as.
Alisr4Xs v. Olictilia.

In this sa,e, Pitcher, the deceistd, died some years'
since, leaving a son his only heir. It Was Ascertai4d'
that about nine years Aiocx be went to Sow Torici,
wham. as well as at other places, *eery ioquiry hash
bean made after him. but withoot :these. The phin-1,
tiff Jenkins haring a claim upon the estate. 4 for
work performed by his wife Agnes, prayed adrainis-,
tration. Notices had been posted at the Royal Ex-
change, and oti the doer of the parish thatch of at.
George, Southwark in which parish the deceased;
had died.

An ufidavk was gut in on behalf nf the applicant,
stating that every inquiry had atso been made etc
the younger Pitcher, but he could not be found.
• Dr. BODNANT, the Jectithosght that thenature
of the debt on Web the . was claimed ongbt to
have been expreised in the affidavit, and tuitA that
was dons bo could not grant the application.
THE LIZ'! Thosiat ELLIOT, ESQ.
The Kuto'li ADVOCATE stated that this unfortu-
tate Clonskalast shad PO Abe 7d) of May 'awls Mew
jer.ltPette iireaVakkaldrilDieriaifttate, sad.a Irschelor.
lis application now was, that admioistrution of 1;4!
goads and otkattitls "night issue to Mr. Mauls, As
41911Citoar of Is 'Majcaty's Tommy, for the Use ff
his Majesup-LOrderedaccordiugly. -
§ta DD 1101000 AMT. 9. MIPOL *TON AND Maas.
In this we a auoaiticiohad issued agaisst4vr9 son-
dem= isislielaw, Messrs. Shaw and Stephenson pos-
sessors of *certain will.

Mr. Lcwithetes the Proctor, Pid if the court con-
sidered that the monition was proper, they had so
objection to bring to the vim
Dr. Scutum thought *we cld hello objection
io produce the will, aud owleced the roductiou of
it accordicsly.

MlllMiomip