Star.
London, England, 1825-01-13 00:00:00

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REPORT.

COURT OF CHANCERY, JANUARY 12.
5111.1.F.R V. ELRINS.
This cae may he considered a perfect instance of I
the effect to which the abuses of a jurisdiction" the
most refined in its whole econoMys: may lead. The
questiOn was (that is to say, twelve years ago, when the
proceedings had their origin) of and concernieg a por-
tion of property, in value between 70001. and 80001.
and whether it, being in the condition of real property,
should or should not be converted into personalty for
the benefit 'of the t)laintiff, a widow, who was to have
taken -.rime such interest in it under a will? The will,
howe;er, was too arobignously worded by the testator
to escape ilea almost imiversal law of attraction which
inclines property of e.cry kind, in its changec, to seek
reprise in the funds of the Accourtaat•Gelieril. The
Vice• Chancellor. had decreed, a long time ago, that
there should be no conversion to personalty, but that
the legatee should take
_in settlement of her claim,
whatever that might be, the benefit of the leases for her
own life. Upon a;‘peal, that decree -was-affirmed ; but
between reports from the :Master, and exceptions to the
reports, and varying and confirming thereof, the poor
Lady, now 63 years of age, and verging upon the,
borders .of the tomb, still struggles with poverty, and
sighs for the advantages of that affluence which, but for
Chancery, might be her's. Such is the general com-
plexion and character of this case as given by her
Counsel, Messrs. SHADL4ELL and BARBER—the latter
of whom declared himself ashamed of the continual
trouble to which he had been obliged to put the Court
en account of it.
Mr. HART stated the immediate motion to be for an
order to vary the minutes of the order under which the
report of the Master, for so many years pending, is to
come forth. He deprecated the heated and diScoloured
statement which had been made by plaintiff's Counsel.
The LORD CHANCELLOR, in compliance•with the re.
quest of the widow's Counsel, undertook to dispose of
tbiquestion, if, upon inspecting the papers, it should be
by him deemed practicable, without waiting longer for
the Master's retort.
. .
Arroarlev.-GENERAL V. CLEMENTS.
Mr. HEALD said, in this matter a• question arose re-
specting two Chat itiesthe one the Bath, and the other
St. John the Baptist Infirmaries; and in it a reference
was made, so long ago as the time of Sir John Trevor,
Master of the Bolls, to the Master, respecting certain
fines. The Master had now made his report—excep-
tions had been taken to it—and, as- it now came before
the Court in the shape of a petition, it would, as a
matter of course, go to the Vice-Chancellor. But as it
was a question respecting Charity property, as it had
been originally before his Lordship, and as it would in
all probability have at last to come here, if it should
now•go to the Court below, the parties had instructed
him to move for liberty to have it set down in his Lord-
ship's petition paper in the first instance. Motion granted.
VICE-Cii4I4CEILLOI'S COURT, JANUARY 12.
A motion, of no public importance, respecting the
validity of a lease of building-ground, has occupied
this Court for the List too dais: the judgment will
probably be delivered to-niorrow.
COURT OF KING'S BENCH, JANUARY tr..
HARTLEY V. CASE.
This was an action on a bill of exchange, for the sum
of 1501. drawn by the defendant upon, and accepted
by his father; and by the defendant indorsed to one
Clifford, who indorsed it to the plaintiff.
Mr. SCA RLETT said, that this was one of the shortest
cases of the sort that he had ever heard of, although 'be
understood that his friend, Mr. Brougham, had got a
brief for the defendant which would take a day and A
night to read. The plaintiff was tr. Hartley, the at-
torney, of New Bridge-street, and the defendant was a
school Master, at either Mortlake or Barnes. There had
been certain money and bill transactions between a per-
son named Clifford and the plaintiff. tspon which there
was a balance of 2001. due from Clifford, and being un-
able to. pay it, he called upon the plaintiff with the bill
in question, saying that 'it was a good bill; that if the
plaintiff would discount it, Zt would enable him to get
certain securities out of the hands of a person named
Kaye, which would enable him (Clifford) to discharge
the debt due to the plaintiff. He did discount the bill ;
it was-dishonoured, and the defendant's father, the ac-
ceptor, being since dead, the present action was brought
against the son, iss the drawer of the bill, to recover the
amount.
The ordinell ;proof was given, and witnesses were
examined, .4in
His Loanable referred to ihefeitier sent by the plain-
tiff no the defendant, regarding the` dishonouring of the
hal. • His Lordship expressed 'his dOubt as to whether
that letter contained the sufficient fdrm of words to con-
vey notice of the dishonour of the bill. The letter wig'
dated on the day the bill became dm-, and merely de-
manded payment of the motley, without noticing the
presentment or dishonour of the bill. Upon this.consi-
derable discussion ensued, when his Lordship delivered
his opinion that the notice was insufficient, and directed
a nonsuit. His Lordship took a copy of the letter in his
note.book.Plaintiff nonsuited.

h.:-

New Year's Day, the Earl sof MALMRSBURI7 accom.
. rallied by his son, Viscount FITZIIAR tits, and attended
by dime domestic ,ervants, and two horses, attempted
to cross in a law boat, constructed for the po!pose, a
wide part of the river Stour, near
.his Lerdship s man-
sion, at Heron Court, when, either. from some misma-'
. .nagement, or ti oat a sudden motion of the horses, the
lima upset, and pteclpitated 'the whole into' the river,
the waters of v. Lich, from the late incessant rains, were
very deep and impetnous. By dint of,great exertions
no life was list, od their I.4flrdships 'have since felt no
inconvenience from •the accident.
The long dead Palk wall, leading from Hyde Park
Corner to .reds Knightsbridge is, it is said, about to be
. removed and replaced by iron railings, I?ke. those sepa-
rating St. limes s Park from Piccadilly. Such altera
turn will be a great improvement, as Hyde Park side of
the wall, between which and the "drive" there are only
some short tees, is a great nuisance,' in spite of the
letter's officially' chalked on it, as tall as grenadiers, w
avoid nuisances. or home 'of the will." The neigh-
4Kotwitood of Knightsbridge horse barracks is also under-
; oing very extensive improvement. At one end of them
there was a row of houses, part of them fronting the
- . road, others closing upon the Park, but -all of them
. . orgy**. to the barrack they had becopre a species
. rookery-;" they were sold a few days ago to he
Oiled gown, aad they are now nearly levelled with
the earth, ,2.
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