Star.
London, England, 1815-02-08 00:00:00

LAW iNTI.I.LiGENCA.

COURT OF citANctior. nuattmor i•
wHIGHIN V. AMIN& •
This dat the Lottb CHANCELLOR delilered judg.
nwnt in this intesastiug cause, which arose on the
construction of the List %%ill noel iestanient of the
deceased, Son and heir of Mrs. Atkins, of the county
of Norfolk, widow. The words In the will were—
. 4 1 will,, devise, and besumath, to my dear mother, Charlotte
Atkins, all my freehold and leasehold estates in tint county of
Norfolk, in 14orwich, and other places, togetlscr with all dther
property, as well real as personal, to the sole use of herself and
her heirs fur ever, in the firmest confident, that at her death ibe
will consider my family."
This confidence or recommendation was contend-
ed. on the part of Mr. Atkins Wright, the surviving
uncle of the deceased, to toristinite Mrt. Atkins te-
nant for life, with a power of appointment to some
or one of the testator's relations, and her brother-in.l
taw had obtained an injunction heretofore, in this'
Court, to restrain her from committing waste, or
felling tisnber on the estates. •
His Lordship, on the analogy between this and
other cases which he cited, felt inclined to consider
Mrs. Atkins a tenant for life only, and the Words of
confidence as creating a trust in lAvour of the family
of the deceased at her death, although he saw the
difficulty of that interpretation, as tht case may hap.
pen which would render such an appointment wholly
impracticable in the event of her surviving her bro-
ther-in-law, the Plaintiff. The remainder of the
judgment was postponed.

WARD V. LAND AND OTHERS.
This great and interesting
.cause, 'so egentially
connected with the Dissenting interests of this coun-
try, was this morning further argued.
Sir S. Rostrtzi was heard in behalf of the plaintiff.
The question has been above twenty years in liti
between a Dissenting Clergyman, the plain-!
.tiff, and one of the defendants; the Rev. M. Icing,
of the Established Church of England. The subject
in dispute is a Dissenting Chapel, in or near Leeds,
.in Yorkshire, erected by die plaintiff and a Mr. Price,
conijomtly; on a piece of land purchased also with
.tberjoint funds, previously to a false commission of
bankruptcy that bad been sued rut agehlst Olefin,
lops K!»ch Was afterwards superseded as 'wholly tot-
landed: The plaintiff appears to have spent a
great part of the last twenty years ih the
_King's
'Bench Prison.. The plaintiff purChasid the Aare 'or
:tinkly of Mr..'riee in the concern, which bad been
sold under the fake *commission, and purchased by
the shtendant, Mr. -King, rho elle-Wards obtained a
private Act of Pat-bat/vent for converting the said
Chapel into a place of worship lielatigifig to the
Church of England, anal to be under his own jiris-
diction and contront The cue was now introduced
into Court by a 'supplemental Bill, after a decree
made by the Court on an original Bill against the
.plaintiff, and was argued yesterday by Mr. Ler' tett,
-on the part of the 'defendant, on the, objection that the
Merits tt the caw* had been fully disposed of, and
decided on the heating of the original bailie. • •
The LORD CDANCiLLOR, censiJering the cause tot.
be of the most important as well as didi,ailt nature,
-rasfporied his final judgment till Thtirsday next.
COURT OF KiNG'S BENCH, FEBRUARY 4.
TItE KING V.joitts6x.
this was an indictMent ainst the defendant fori
qqt iepaiiirtg a publk bridge over a canal in Suffolk.;
The deTenditit had been amain -4 but a point avas!
ieeeried for the Court on the following grounds
74he defendant was proprietor of the canal, and, at'
The time cf.passing the Ac', under the authority of
canal was 'cut, power was given to the pro-
i-rept. Iv cut through roads, &c. as the plan of the
work Might require ; the canal passed through a.
lurnpikearoad, and the proprietors erected the bridge,
in question• but it was now contended .that they
Were not bbund to keep it in repair, inasmuch as it'
*as, erected for the service of tie public, and, there
Tore. the _repairing it was a tax which the public
'ought to discharge. It was further contended, that
'the .proprietors were not bound even to have meted
the bridge in the first instance, no such provision being
rude in the Act.
-Lord ELLENBOROUGN observed, that the proprietor
by cutting the road had destroyed the public way,
aid were bound to make it good again, although no
attention was made in the Act of Parliament of build-
ing bridges. In the Acts incorporating the different
Water Work Companies, power was given to them
to break up the ground for the purpose of laying
down their pipes, not a word was said of making the
streets good again by covering the pipei and-restoring
a level way for the public, yet he was inclined to
think, if the ravages committed by theie'Cennatanies
in the public' thoroughfaresof the metropolis were nor
made good again, and that in a more speedy 'minder
than had been the case on some former occasions,
many of them would discover, to their cost, that
though no provision for that purpose was made in the
act of incorporation, they acre not less liable for the
restoration of that which they had destroyed. The
proprietors of the canal were also bound, having de-
itroyed the public highway, to restore to the public a
free passage, by building the bridge. With respect
to the question of repairing it, who, he would ask,'
derived advantage from it ? did she proprietors
of the canal, who received the profits of the canal.
or did the public, who, having before had a solid ,
level toad to pass over, but now, instead of it,
had got a bridge ? Those whose plans required the
erection of a bridge in that spot were bound to 10ep
it in repair. The order of Sessions, winch called on
the defendant, as the representative of the CaMpany,
se repair the bridge, was therefore tatablished.
FEB, 6.—pig KING V. NORPDRW, X.SQ.
The Arront<tt GENERAL prayed judgment against
the defendant, late Lieutenant Cdlonel Ctintmaildert
ia the Middletex Local Militia, Who hail suffered
pagibetit by default to an hifoiination tiled against
him tinder the :late Ait'of 'Parliament, for selling the
drfice of Adintint to•a-Ydrkshire itegitnent df Yen-
'Mani" Vaa'arry for 'WY -guineas. he daindattepin
to au affidavit, stating; 'that he wasignorentarf his
hating etinftnitted ' a kgal ciffedde s bitch appeared
'he 'had made the tdrehaier *War that he Watt]
never •cliVolge the triltiniction; &tank or gOber ;
tliit'hO hatqietendeal the purchase money was to go
to the lion. Mr. Itottensonovhornbis•preteriee-forther
slandered in a manner we forbear to mention. The,

defendant ales -Mote) that till thh hit:Motion wit'
filed, he held the lucrathe oßce of Comptroller of the,.
Customs for the island of St. Little, of which he had
consequently been deprited, and that he could not
bring his successor in that °Dice to account fot° past
profits due to him, upon the strength of reeeit3ng
which he had incurred debts, the inability to pay
which had thrown him into prison, where lie subsisted
only upon the bounty of Ms friends ; and that the
imposition of a fine upon him by fhe Court, Would
operate as perpetual imprisonment.
Mr. ATTOKNEY GENERAL; supported the proseett.
[ion ; and Mr. GURNEY spoke in mitigation. The
Court adjudged the defendant to 12 months impti-
sonment in the Marshalsea.
THE 'NINO v. JOHN BAREN.

This defendant, who, it may be recollected, was
found guilty of assaulting an impress officer, and res-
cuing an impressed man, at Bow, at the last Middle-
sex Sittings, teceived judgment or imprisonment for,
three months in the Maribalsea, he having been al-
ready confined there eleven weeks.

YEE 7.4-H A BRAS CORPUS.

Edward Carnith and H. Odger were brought up, in
custody of the Keeper of Falmouth Jail, in virtile of
a Writ of tlia6ear Corpora, directed to him for that
purpose, in order that they might be admitted to bail,
on a charge of murder.
The ATTORNEY-GENERAL thought it neeessatt tn
acquaint the Court, that in the notice of service of the
present rule on the Widow of the deceased, the names
of the intended Bail had been omitted by mistake,
but he understood, though ample time had been al-
lowed for that purpose, there was no opposition to
them. He did not know in these circumstances whe-
ther the Court would be of opinion, that this omission
was a sufficient reason• for delaying the liberation of
these unfortunate men.
The Court were of opinion, the Bail not being ob-
jected to, that the return to the Writ might now be
read. The evidence consisted of the depositions of
Edward Kemp, the elder, and Edward Kemp, the
younger, before the Coroner, who proved, that on the
evening of the 7th December last they were in a
mull boat, in company with Thomas James, de-
ceased, between St. Mawe's and Flushing, in Corn.
wall, when they. perceived a Lager boat, in which
there were finir men, folio xing as if in pursuit of
them. The men in the larger boat called out to those
in the smaller neat, and, almost at the same moment
a musket was fired from the larger boat into the
smaller.. The Men in the smaller boat did not in the
smallest degree entteavour to avoid the larger boat,
but immestateiy explained that they had nothing on
hoard, reitolistrating at the same time against the
wanton conduct of those in the larger boat in firing
upon them. One of the persons in the larger boar,
who had a musket in his hand, on this said, that his
name was Painter, that he was a King's 011icer, and
that heieVas not ushSmed of his naive. The larger
boat sat then about to separate, When Thos. James,
the, deceased, complained that he was wciunded. The
witnesses accordingly called
,out to the men is the,
la:4;er boat tor assistance, telling them they has:llolrd'
a thin: but of this they Yea no notice. The ihTerl
Kemp• had the •deceastid carried •Icome for 'that night.
MIAs house, where Snegleal aid whs afordetl him,;
but bellied neat day about eleven o'clock.
Mr. Cornish, a surgeon, proved that he visited
the deceased on the evening the disaster took place,
and found him rader easy, but when be called again
to see hint on the fullotving day, before twelve o'clock,
he was no more. On ezaenining the body, he :foond
that a musket ball had entered a little above the navel'
and had come out at the back. The wound was the,
cause •of death.
nil was the purport of the "Mole of the evidence
before the Coroner ; and there was nothing whatever
to implicate the two'prisoners in the transactions ex-
cept what was to be found in two depositions after-1
watch taken before a Magistrate, on the 10th day o
the Slime month —bne of diem by Richard Kemp, the
Wee, in Which lie declare* that on the molting o
the 9th December he beard the prisoner, 'Cornish,
who is a .yeortiau, acknowledge that he was one of
the unfortunate men who were in • the boat with
Effilfer, it die, time he fired the *musket ; and the
other by a Veiidtt named Jcilfn who'swoi
that lie heard the other prisoner,. Hehrt **h.
is Is locker, acknowledge That 4he was' ne -of %helper
sons who were in thoat with Painter, and .thit.lfe
was sitting in the stern of•thebost et the time Pointe
fired the musket.
The. Court, in these chnunistance*, ordered the
two prisoners to be liberated *on bail, and they were
accordingly discharged.on entering 4nto recognizances
to appear and take their trial for the offence imputed
.to their, themselves in se2oo,and four sureties in £5O
each.
BOW-STREE r.
Tilt PUKE. OF Si. ALBAN'S Rcfnattny.-.Yesterday
Monifiig leis Grace the Duke of St. Alban's, accom-
panfeirliy liis Solicitor, attended the investigation of
a burglary committed in his Glace's house, at Han-
worth Park, on the night of the 18th ult. The house-
keeper's desk was stolen, containing a number o
Bank notes, three pair of sheets, and other property.
Jdos Lierkej, a gardener to his Grace, was suspected,'
in consequence of his having been from his lodgings
at an unseasonable hour on the night of the .robbery,'
and having absconded, he was afterwards appre-,
!fended. His lodgings having been searched, part of
an old knife was found which fitted to that part of
time shutter which had been forced open, and some
pearl buttons, which resembled some stolen out of
the Duke's house, 'helms housekeeper identified part
of a sheet found in the prisoner's lodgings, to be Simi-
ear cloth to those which had been stolen. Another
charge was preferred against the prisoner, viz
stealing k basket of carpenters' tools and a jacket
from the 'ptemises of the Noble Duke. He was fully
committed on both charges. His wife was then
brought top.Lz-A laundress, to whoin the husband
had given a jacket, which had been stolen with the
carpenters'. tools, to wash, having 'said it was fetched
away by a woman *hem she didnot know, Mrs. L.
acknowledged herself to be the woman alluded to,
and that she had, by her husband's direction, thrown
it over Riclittiond Bridge. There appearing, how-
ever, nothing further •to criminate her, she was dis-
charged.

mond47 ee'nnight a, young man was imprisoned in
tunifries, Chaiged With occasioning the death dile
aognaintance in st Wrestling match. Thelilihrtitalived
at htiddlebie, in•DhlariellN