Star.
London, England, 1830-11-18 00:00:00

LdW REPOJITS.

HOUSE OF LORDS, Nov. 17.
The House sat on Scotch Amu& to-day. The Lords present were
Lord Wynford, the Earl of Radnor, and the Bishop of Rochester.
/lIIIIIMZIIV—.TIII MARQUIS Or RUTZ V. COUPS&
The respondents in this case were the nearest of kind the late Rev.
Jas. Cooper, the son 0 Professor Coupe:, of Glasgow, who, in the year
ism entered into the family of the late Marquis of BIM. for the Imr•
posed superheating the Median to Marquis's grandson, Lord Jas.
Stuart. At this period no peer* anangssent was made as to his faunae.
radon; but on June fl, 111111, tbelamplis: intsliss wrote to 111 r. J. Cooper,
iociosi a sum for past sevismon aim to boons his son's
MSC 'That letter was to the owing r.-11 Mr. Moore has, 1 hope.,l
acquainted you with my directions to newt yea with ISO gni:maim the
noble of your attendance on my grandma, and to maks good over and
above any expenses incidental to you mobs from or rooming to filar.
per, or which may have otherwise occurred. Accept, at the tame time,
my batty thanks for the unremitting care you have employed in full.
filling the object of your charge. Situated as I happen to be, with.
mat entering into funbm reasoning, I must observe to you the impossi-
bility of holding out other prospects of assistance than what are personal
to myselL Should a vacancy take place, for example, in the kirk of
Rothesay, I am competent to the presentation, I pledge my word to be.
Mow it in your favour. In the interim, didsit suit your views and mere-
ngue to live In my house, I shall gladly receive you, offering you in such
a case a salary of 1001 and to add 101. more to dthay the coat of washing ;
asiendelt such tto date from the moment of your joining me—say
dos of November next, alter your examination. Your jour.
ray te for by me, likewise those you may be called upon to
mobs tie same purpose. This salary of 1001. I propose continuing
and yes get the living of Rothesay. or are able to obtain a better pro-
visies."—This proposal was not accepted by Mr. Coypu, who wrote a
lent to the Marquis, declining the Kirk of Rothesay. The Marquis,
who seemed, however, still anxious to secure the services of Mr. Cou-
pe', wrote again to that gentleman, who still remained inflexible. The
Marquis was determined, If possible, to obtain his valuable services,
and on November 8, wrote to his father, the Professes, stating his
(the Marquis's) readinesse should his son incline, to attach -him.
mil to his house, to give him a settled , by no-
nein a bond of annuity is his favour of 1 1. pays le out of
bis boded estate. This proposal was accepted, and Mr. Casper
nut ahead with the Marquis and his family. After his return be qua.
Mod Memel( fur the English church, and was instituted to a living is
Olamorganshire, where he employed a curate, bang himself ignorant
"of the Welsh language. Up to November, 1612, Mr. Caspar
had regularly drawn his annuity fan Cootie and Co. About Ibis
time he began to exhibit symptoms of insanity, erased his nams
from the books of Benet College, Ongabridge, left that place, and pre.
ceeded to Cardiff, from thence to Siamonth, where Lord and Lady
Bute were, where he behaved in the most unaccountable way,illtz
to Lord in. that it was his intends. to give up his living, and
in a ietterapon his Lordship taking back the bond of annuity. Shortly
after this Lord Bute died. In 1616, lir. Cooper was insane, unmoor
Cooper. was appointed administrator Ise his eon, and in that capacity ap.
plied to the agents of the prevent lisoquis of Bute, and to the Marquis
himself,with reference to dos heed et annuity,when he was informed that I
it was not known where the bond was, that it might, perhaps, have
been destroyed by the late Marquis, and that it was necemary to have
recourse to legal proceedings, in order to vindicate the rights of his
unfortunate eon. In 1817 an action was instituted for that purpose,
and the Jury returned a verdict in favour of Mr. Cooper, declaring him
to have been unsound at the time of the transmission of the bond, and
incapable of managing be own affairs—and further, that the obligation
contained in the bond was not extinguished. The case was afterwards
transmitted to the Court of Session, who found the Marquis of Bute
liable to pay the sum of 9001. for nine years' annuity.--From this der
claim the present appeal was
The house gave judgment is morning, confirming the decision
d the Court of Session, with WI. costs. In delivering judgment
Lad Wynford acquitted the present Marquis of Bute of any wish
to defraud the Reverend Mr. J. Cooper of his just rights, believing
the Noble Marquis to have been actuated in his resistance of the
mwnt proceeding by a firm conviction that the surrender of the
bond by the Rev. Mr. J. Cooper was a discharge and release of it to the
granter.
ROLLS COURT, Nov. 17.
DEARTH OR RUSINZSS.
• His Honour the Master of the Rolls, in taking his seat this morning,
Wormed the Bar, that after he bad disposed of all the cases in to-day's
paper there would only remain six causal for haring; therefore, unless
be owe new plan could adopted, the Court would have no business to
pressed with. His Honour had been turning the subject over in his
ewe mind, and thought the best course to adopt would be to advance
die further directions.
Mr. BICKRIATISTII VMS afraid the aarrrraatrtiggorwwsseet might be attended
with considerable inconvenience, as it some with surprise ea on.
deers am wells ossessikasiisseof whew would be peeped Comma
hod boa unable le de Is ask diode lo may oneswhich bed
has hosed bdoo Ille hi elidisoome of *epee amber el mom
doe bud 100 idammed, by whisk sem pollee whose eimeeirere
way la the paper, had been Mali upon to hove their toms'
reedy ' beim the time the awes be be due course would rustbees
The nom of the Rolls could not see that coned were subject es,
say blade forte imam in which they had conducted tenses. He
thought all dabs* plight be got over, by Worming the solicitors
cemented lo is Whiff dheedeee, that it was the Intention of the
Court to pond Ida ink giiirs it had got .through the present
cause per.
Mr. pa Bickasteth.—lt was we known who the solicitors were—the
regimes Mow NNW% of thew dll the matter came on foe hearing.
The Maw of is Rae Aso ordered a noticed his Intention to take
further disseden elm the Awed ef his present list of causes, to be
placed lo a emegisoeos posed the Geod.

COURT OF ICING'S BENCH, N0V.17.
TER NINO N. 511 JOHN KORNIS.
This case, which hes before been tried, and a verdict given against
the defendant, was for obstructing the King's highway. on a road near
Swansea, by a rail-roed, whereby the lives of his Majesty's subjects
had been
Mr. Seregedasni= moved for a new trial, on the ground that the
obstruction complained of was ready justifiable, both by common
law and by Act of Parliament.
Mr. CIEPPILL, for the action, expressed his astonishment at his
Learned Friend's assertion, and read over the several statutes relating to
roads, which be contended were decidedly against the defendant.
Mr. Sergeant Lvin.ow represented, that although the Act of 45 Om.
111. by which the defendant had raised this rail-rod, bad expired, still
the Legislature could not prohibit the use of soy thing which had been
put in force by its own authority, and that, therefore, as this rail-road bed
been allowed fora certain numba of years, until the Act of Parliament
had literally expired, it ought to be allowed to continue now; more
particularly when it should be taken Into consideration that the
' road on which it was raised was a by-road, and joined the
licensed rail-road at Swansea. That the defendant, being pos.
sensed of coal-mina, came within the meaning of the Oyster-month Ace,
which allows such persons in the neighbourhood of Swansea as had coal-
mines or marble-quarries, Om to raise rail-roads, which should join the
rail-road at Swansea. The Learned Sergeant conceived that wboha •
thing was a nuisance or no nuisance should be determined by its good ee
bad result; that in the present instance the road was a by.rosd, and not
used generally by other vehicles; that the coals must be cooreyed by
some means er other, and that a raft-road was the most convenient.
Mr. Cameizt.t. and Mr. Joys, contended that the road in question
wee not situated In any of the parishes mentioned in the Oyster-mouth
Act, sad could not therefore be regulated by it.
Mr. Justice Paean said, that the act by which it was raised was
only for 21. years, and he was therefore of opinion that the 511 years
being now aspired, the obstruction complained of was not legalised
by it. That another act, referred to by Sergeant Ludlow, only au-
thorised, strictly speaking, railways on such roads as left a space of
twenty feet on each side of the railway.
Lord Tax: mums expressed himself of the same opinion.
The rule was therefore discharged.
(The Court sat at Nisi Prima, and tried several causes.)
PAM= V. ?TIMMY.
The plaintiff, a licensed victualler, in Theobalds-road, brought this
action *pious the defendant, another licensed victualler, in the same
neighbourhood, to recover damages for an injury done to his trade by
slander. The slander consisted in charging the plaintiff with the dal.
notation of hie beer.
The defendant pleaded a justification, and called witnesses; but Lord
TINTHODKN WM Or opinim, under all the circumstances, that the
plaintifcould not wustttin the action; sad be was nonsuited.