Star.
London, England, 1825-07-13 00:00:00

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LAW REPORT.

VICE-CIIANCELLOVS .COUItt, JULY IC'
WIC:WELL V. wIOIIELL.
His HONOUR, on taking his seat on the Bench this
morning, gave judgment in this case. A bill was filed
by the l laintiff, praying that he, as the personal re-
presentative of Sarah Wignell, deceased, might be de-
clared entitled to a certain sum of 1,0001.* with interest.
Sarah Wignell being tenant in tail of the estate of her
late husband, Thomas Wignell, who died without issue,
paid off a mortgage for the above sum, with which it
was incumbered and of which she took an assignment.
She died without suffering a recovery, and the question
was, whether the mortgage so paid off did or did not
constitute a part of her personal estate ? N re-, when a
tenant in tail in possession paid off a mortgage, and
declared no int introit that it should continue for the
benefit of his personal rsta.e, the charge ceased ; but it
must be c' nsidered, that in the present case, the tenant
in tail intended tha' it should continue part of her per-
sonal property. When S.trah Wignell became tenant
in tail in posi.ession, this charge then subsisting was part
of her petsonal property; and not having afterwards
declared any intention that it should so continue, he (the
Vice-Chancellor) was of opinion that this sum of LOW/.
formed pa. t of tier personal estate, and that the plain-
tiff was therefore entitled to what he prayed for.
THE COPPER MINES COMPANY V. BEACH.
This was a :vete question of costs. The plaintiffs
were tenants of a Mr. Talbot, and filed a bill aga'nst
the defendant, who is Talbot's trustee, in order to obtain
the opinion of the Court whether the plaintiff's were cr
were not enti:led to the insertion in a new lease, of a
covenant of perpetual emoval? The Court ha. ing
decreed that the plaintiffs were entitled to the insertion
of that coven..nt,. di ected the Master to draw up a lease
accort!ingly—the question was, therefore, by which
party tl.e costs of- the suit ought to be paid? His honour
directed that each piny should pay their own cots.
but that the p!aintilts Lhould pay the common costs of
di awing up the lease.
COURT OF KING'S BENCII,•JULY 12.
• GALLOWAY V. ROBINSON AND ANOTHER.
This w.is an action brought by the plaintiff, who is
an engineer in Smithfield, to recover of the defendants,
who are manuitcturers of fancy articles in Butibill-
row, the sum of 3544 being the re,nainder of the price
of a ream-engine, and the machine; y attached theteto,
whicli he had set up by their desire upon their premises.
It appeared'from the evidence examined in the course
of the cause, that in the month of February, IVA, a
contract was made between the plaintiff and the de
fendants, by which the plaintiff covenanted that incon-
sideration of 31101. to be paid to him by the defendants,
he would erect upon their premises, within thirty
days, a condensing steam-engine of three-horse power.
After the contract had been executed the defendants
wisheds some additions to be made to the steam-
engine, and in consequence the time originally fixed
for the completion of the contract was extended.
f•rr ten days lunges. At- the conclusion of that
time, the plaintiff was prepared to erect the steam•'
engine,; but oe ing to the defendants not having got
ready the brick-eo k, was obliged to postpone it to a
further day. On the S•h of May, the machinery was
set up, and shortly afterwards a complaint was made
by the defendants that it worked so ill as to be almost
useless. The plaintiff sent his son and two of his
v.urk men to see whether this compl..int was just : and
tl'e.e individual•, after making some alterations for the
perpose of adjusting the different parts of the steam-
engi..e, left it at the end of some days in a complete
Red scientific state. The defendants; however, were
still dissatisfied with it, and in consequence called in
Mr. DJnlcin, Mr. Lloyd, and PrJfessur Millington, to
examine it. On thAr declaring that it was in several
parts defective, and that it wanted adjustment in others,
the defendants gave notice to the plaintiff
.that they
would not accept it, and desired him 'to remove it
from their premises. The plaintiff refused 'to do so,
and brought his action to recover such part of the price
of the engine as remained unpaid at uie present mo-
ment. The great point in the case was, whether, at
the time when the plaintiff's men left the engine, it was
in a complete and efficient state ? and a variety of evi-
dence was examined on the One side, to prove that the
machinery was complete in all its parts; and cn the
other.ais prove t►rat it was very delcctive.--i-The Jury
rettputsl a sticlict far the plaintiff—Dantages 3014. ex-
c:usive of 101. already paid.
COURT OF COMMON PLEAS, JULY is.
SMITH V. SMITH AND ANOTHER.
This was an action brought by the plaintiff, a mer-
chant of London, against the defendants, who are ge-
neral brokers, to recover comfensation.in Jac:tines for
a breach of conti act. • •
It appeared in the cause, that the .plaintiff employed
Moffitt and Co. as brokers, to • sell some nutmegs, in
di : m :nth f February last, when the market was in a
state of considerable agitati At • Moffatt and Co. called
on the defendants to make
.good their deposit on the
purchase, when the defendants said that they were only
tit okers for a person of the name of Ford, and therefore
it was to-day contended that this breach cf contract
could not be visited on the defer tants, but on Ford
The Ceilat JUSTICE, however; was of a different
opinion; and the Jur yositbout a moment's hesitation,
foundforthe plaintiff—Damages l 1841. 13 s.6d. the loss
sustained by the plaintiff at a sale which was made by
Thompson, a broker, at the request of the plaintiff, but
not till after defendants had refused to fulfil the contract.
' Tile Court rose at a few suluutes before two o'clock, as the
Chef Justice had just before received a message to attend the
privy CuanciL. . _ _

It'Art;CO4eir Acctosur,Sunday evening as the
Ya;l from Hereford to the Hay, was proceediog to the
latter place, whilst stopping at Letton, for the purpose
c): leaving .the private letter bags, the coachmen re-
t;red for a few minutes, requesting the ostler, who was
e rrlojed in wattling, to take care of them ; whilst
the man was giving water to the %% heel horses, the
leaders soddenly started off, the ostler endeavouring in
vain- to stop them.; and • after going about 500 yards,
the coach ur:et at a sudden tt,:n of ttic toad. There
were twO ir.:.ide and three or four outside ,passengers;
the 14:trier-escaped uninjured; but of thelattcr, a te.
spectable Solicitor float North Wales, and' Miss Wat-
kins, Lister to Mr. T. B. Watkins, prin'er and booksel-
ler of Hereford, were seriously hurt.
•-,cllo •
001. 011 Mtwans.—With the view of ;raving the
imines•ist.Coinv:slrwi ought by well inutrticted and in-
ish a school of
to teach the

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THE INDIAN ARMY.

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MILITARY BADGE OF DISTINCTION.
Fort William, Jan. 11.1823.

• The Right Honourable the Governor-General in. Council is
pleased to publish in General Orders the following Resolution
of the Supreme Government, passed in the Secret Department
under this date :
" Resolution.—ln testimony of the exemplary valour and stea-
diness displayed by the 26th Regiment of 4dras Native Infantry,
under the command of :%lajor C. W. YaraC in the defence of the
post of Kemmendine, nest- Rangoon, against the furious and rei-
terated attacks of va-tly superior numbers of the enemy, by day and
night, during the period between the lit and 9th of December the
Rigbt Honourable the Governor-General in Council is pleased to
resolve, that the Corps shall be permitted to bear the word' Kent-
inendine ' inscribed on their colours, as a perpetual record of their
distineuished and persevering gallantry on that occasion.
SECUAITY TO BE GIVISS BY PAY hIASTERS OF HIS

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tetiVtlhinets, it proposed to' establish
*titters 4Ortlttz, %yid, eel'ltgenots
art: and connic ed with