Star.
London, England, 1824-05-14 00:00:00

LEADLEY AND OTHERS V. EVANS AND ANOTHER,

The plaintiffs in this case we►e the Overseers and
Church wardens of the parish of St. Dunstan's in the

West, and the defendants had become sureties for a
person named Bayley, in a bond conditioned for the dde
performance of his duties as the Collector of the Church
and Poor-rates in that pat ish. The question was, whe-
ther the liability of the sureties extended beyond the
first year that Bayley was in office?
Mr. Serjeaot PELL contended that they we►e, and
relied on,the words of the bond, by which Bayley was
to render his accounts to the plaintiffs and their suc-
cessors in office.

The COURT were of opinion that as the office of
Overseers and Churchwardens was annual, that nf
collector, who was their deputy, was the same, and the
liability of the sureties could not therefore be extendod
beyond the first year, his re•appointment being only
contingent. As all the rates could not be collected by the
time the men who appointed him went out of office, he
must necessarily render his accounts to their successors ;
and with that view alone the clause was framed. For
these reasons, therefore, they ordered judgment to be
entered for the defendants.
PREROGATIVE COURT, MAY 11.
EI.LIS AND OTHERS V. ELLIS.

This was a testamentary cause involving a large pro-
perty, the personalty being estimated at from :3,01J0/.
to 6,0001. the real estate at about 50,000/. Two instru-
ments were propounded, each of them as containing the
last will and testament of the late \V. Ellis, Esq. of '
North-street, Westminster, deceased. The first of these
papers, which was dated on the 23d of September, 1.320,
bequeathed the bulk of the testator's prop.: ty to his
three nephews and three nieces, by whom it was plc).
pounded. Tile other paper, dated the 18th r.f Fehruary,
1822, was set up by Mr. John Liiii, the loungest
nephew of the deceased, and the residuary le:*atee and
sole executor named ia such will. The di,po6tions of
thi; latter instrument were essentially thffercilt from
those of the former one. The eldest nephew, the Rcv.
W. Ellis, was left with a legacy of only 1,000/. the
second nephew, Mr. George Eilis, with a similar legacy ;
the niece Mrs. Wilford with one of 500/. the niece Mrs.
Kempcon with an annuity of 50.1. and the niece Miss
Ellis with one of 150/. a- year. This will was opposed
upon the ground that at the date of its execution the de-
ceased was not of a perfect testamentary capacity, nor
of a sound and disposing mind, memory, and under-
scalding. The evidence was of the description common
to all cases of this kind ; entirely relating to family
history, and to various acts of the deceased, as tending
to affect the question of his relative capacity at the dates
of the two wills respectively. The depositions on this
subject were voluminous; and the facts spoken to much
too numerous to admit el being condensed within any
limits that we could assign to them.
Sir Jont4 NtcHoLL, in a sentence which occupied
two hours in the delivery, adverted to every material fact
in the case ; and after expressing an opinion, that the se-
cond will had been obtained from the deceased by undue
influence and solicitation, pronounced against it; decreed
probate to the first will of September, 1820, (the next
of kin, on account of the asserted illegitimacy of the
nephews and nieces who were therein named principal
legatees, having executed a proxy of consent to such
probate's passing the seal); and condemned Mr. John
Ellis, the party proponent as to the will of February,
1822, in the costs of the proceedings.

In a return to Parliament, the official value of the
exports for the year IBC3, is stated at £40,115,248, and
Mat of the imports at 4236,231,663.
The Rev. Mr. lavisc, of the Caledonian Church,
preached one of the Anniversaty Sermons of the Lon-
don Missionary Society in Tottenham-court Chapel, yes-
terday evening. The Rev. Gentleman took his text from
the 10th chapter of St. Matthew, 7th verse to the end,
being our LoßD's commission to his disciples. Six
o'clock was the hour appointed for the commencement
of the service, but by half-past four standing room could
scarcely be found in that large building. Prayers com-
menced a quarter before five o'clock, and service was
not over till half-past nine. Mr. IRVING preached three
hours and a half, and was so exhausted that he was
obliged to crave the indulgence of the audience twice
during his discourse, the congregation in the intervals
singing a hymn.
A few days since a melancholy accident happened in
Leicestershire, about eighty miles from London, by the
overturning of the Liverpool coach, which was con-
veying twelve convicts from thence to the hulks at
Woolwich. They, as well as three turnkeys who ac-
companied them, arrived at Newgate in a deplorable
state, where they were kindly received, and placed in
the Infirmary of that Prison. Mr. Box, the surgeon
was immediately sent for, who paid prompt attenticn to
them. It was soon ascertained that oire of the turn-
keys and one of the convicts had their collar bones
fractured ; the other two turnkeys were much bruised,
one of them having a lib broken. Four other convicts
are considerably huts, particulatly a lad, who appealed
to have received a serious internal injury. The other
seven convicts had sustained but slight contwaons. Tito
driver of the coach, it is understood, was so vet:: much
hurt as to be incapable of proceeding on the journey.
It appears that the suffe:ers lay neat iy three hoots in
the field into which they wet e thrown,without any as-
sistance being rendered to them, the accident having
happened in the dead of the night, and no one beii.g
aware of their distressing situation.
Farseu THEATRICA Sat urda y Mademoiselle
GEORGES performed at the Odeon, when a patty, dis-
persing themselves over different parts of the house,
commenced such deafening vociferations, that the voice
of the actress was wholly inaudible. It was no wonder
that, under such it ritwing and ungallant treatment, a
female should lose all patience. This was unhappily
the case. Toe ;,hilosophy of Mademoiselle forsook her ;
she came forward, and in angry tone declared that such
a cabal was " monstrous, and not to be endured." This
demonstration o'r indignity threw oil upon the flime
the breeze leshened ins:ead of abating, and she was
loudly called upon for au apology but her sexual spi: it
having been sexed beyond all corporeal sufferance, th.
Manager came icrward to announce that Mademoiselle
GEORGES was is violet.t hy,tetics. Even this appeal to
the gallantry and compassion of the opposition failed to
appease the tumult, when, doting a momentary sus-
pension of hostilities, a Conanisar y of Police :o.Yrcsseil
the audience from the stiu;e, declaring that MAcmci-
selle had misbehaved, and that the authorities would
compel her to make the awendc honorable. The autho-
rities were no•doubt as good as their word, as the Lady
sent a letter to one of the public Papers, di.iclaiminl ail
intention of gising offence to the audience, anJ de-
claring that she only meant to address herself to those
who appeared to come there avowedly as her enemies.
Mademoiselle GEottoLs has since given in her resigna-
tion. What a magnificent triumph of Eench gallantry
over a female