Star.
London, England, 1813-12-16 00:00:00


I.4lahatilfrioatt PROMO
. • • .....:41.... - • 7 • '-.
i • 1-
ftpUSE or Lona% DillftfdliMt -14 ,,,,
• aitreal.s...pnewants V. TITS ligND. t /
Connsel mete ;fled in, and Mr.A.seort Vas Weed
is reply,. .______......ot .
TherkilliMilWif.NCE L LOC **Nevin's -,
opinion nrche•House upon the mimißll( .this ease,
absereelkeihet aftec the disqualifielson was known
of *lime of election, it was competent for those'
vdtelallbeed "to' Claim the If 'of their•Oanchiset
11,411111allad Where two electors hOd even their vo,6*
• Ash &lite whose disqualifications was knolls;
;and tftir Irktill **cut claitpies their privilege to
vuti adaik it-wig be. Conbidereel, that they hull
throwa,their votes airily. With inspect, to the elee.'
lion itipy:,o Mr. I-4wkins, it certainly was,- upon'.
the Piieriples of law -laid down-in iesisral cased,. Sr
nullity, trial the moinentethhre was notice of itiS
disqu:difreatioh; and those who voted for him after
this fact was Wade kuewo, Toted for 4 person dead,
in point of law, because the low declared him not'
eligible,- As to the Act of ladannity, *it did not
apply but to offices in possession, and Mr, Hawkins'
neverhad possession, for he could not be elected,,,
lie did not perceive why, on the 'other hand, that
the election of the other candidate should not be a.
•-vod election, when an opportunity was Wien, .4(
,hotice of the flaintiirs disqualification, for Foe -ft&
ing to elect nay other person, Under all the bawl
cumstances of this case, he Was of opinion that the",
4udgment of the C9On below ought to be affirmed ;
.rf hoWever he should, upon
.further consideration,
alter his opinion, he would apprise theist of it on Fri-
day morning, when he intended to move .that judg-
ment Should be given. •
• . SMITE ANv °punk, p. NoNENTspN AND OTHEIM
This was en Appeal from the Court of Session in
Scotland. The question between the parties origi-
nated in a Policy of Inseihnce. The Appellants,
being underwriters, insured a ship called the Ruby,
belonging to the Respondents, from Halifa;, in
America, to Plymouth. On her way to this coup.
try she was captured_ by a privateer. The Respon-
dents bearing of this event, save notice to the Un-
d, ineiters, and offered to abandon for a total loss.—.
While the Underwriters were investigating the 4C.
counts of the Respondents, information was re.
seined that the vessel had been re-captured and
married into Gpernsey. The Appellants now con-
tended that the Respondents had no right to abenl.
don, the re-capturt having been within a few days,
after the capture, It was stated on the other 440
that not poly had the Underwriters already acqui-
esced in the abandonnet, but the Respondents had
a legal right, under all the circumstances, to Abtp
don for a total loss.
Mr. ARAM and Sir SAMUEL Rosni.Le were heard
for the Appellants, and Mr. Serjeant MARSHALL was
partly heard for the Respondents, when
. The LORD CHANCEIa.„OR enquired if the
precept of the Lord Admiral..coold be produced to
• • the Moose, from which document they might as:
certain the precise points upon which they ought. to
decide ? -..- •
The Counsel on both sides admitted they were nee
in possession of this. document.
The LORD CHANCELLOR then moved. that
the case stand over till the necessary documents
could be laid before them.—Ordered,
... (WANT v. GRANT.
LORD CHANCELLQR, in this case,
Which Mated to the construction of a Will, moved
tbat the judgment of the Court below be affirmed,
excepting a part of The interlocutor that rendered
one of the Appellants not capable of taking posses.
*ion of the property, which was proper to be teemed.
.oeileteil accordingly, . .
•i UDR v.___THII_DVD4_OI, RONDUIDIDI.

. .
The LORD CHANCELLOR said, that in dis,
charging his duty, with respect m this case, it would
bitecessary for him toenter fully into its various
circumstances. To the mere statement of facts,
therefore, he should this day confine himself; be-
cause it would be impossible for him to render intel-
ligible what be had to observe on the different parts
of the law connected with this important question
without first calling their Lordships' attention to
the circumstances under which it came before them.
His Lordship then proceeded to examine the two
Charters of 1644 and 1648, executed by the first
Earl of Roxburgh, each of which contained a pro-
hibitory clause, restraining • the person in possession
of the Roxburgh estate, from dimming any Inn
of it ; and also containing a provision, by which
such person was permitted' to kw* or few any part
of it, without. however, diminishing the rental from
the veiue which it bore * the period of taking
possession oft l -estark, The question was, whe-
ther the grantin of the sixteen feu: to Mr, Bellen-
-1
den Kerr, by t e late Duke of Roxburgh, was
prevented by the prohibitory part of these charters,
or admitted by the permissive proviso ? His Lord-
ship also referred to two other deeds, drawn up in
1109. and 1740, each of which contained provisions
Ar a similar nature with those already recited, In
1,804, the fiats,, ukealtashstrgh executed a deed
toe..nrail, 'in wilicb• be declared, that being the list
. le heir of.tbst.4assily. he was not bound Sit.,
principles which had fettered the devisees of"
ancestors--.but was competent to make such
• ispositton cities property as he might think fit.—
The efibct of this deed, 44 the entails which were
~fit . %ally eseented, was to place the sixteen fens,
thee subject of litipton, under the dominion of
togii
Mt- : 3rgarr. he huviqg sgpolated to pay certain an-
Iliailies Thus was the whole estate a Roxburgh,
coosistin of tiolooo acres, with4be exception of the
man • qf norm and 4/# acres attached to ft,
byfilis graertif hos, made air to him. With the
rdasoos sehich jiffy/aced thetas, Duke to maikOsech
a dispositiea at the pp rt except so f4r as they
tit' ht irs4faie . OW/ to earns tit the
drat. *hew htlitrtratileta, they had .go cement. '
was cleari hawser; try 'the latediuite's diaposit);6o
tl re prurreop that tor* Simar limpid ill 4;g:s eons'
view 40esinunCooti it, sa ette.sepresentettlf.
tabini? ivlaily would hayc little interest rnA,'ll.l
eefittree 'ogress and egress to the mansio44ousip,
Ileums, said the 47 *cm dr imtd that were attacbed
to it. No person could suppose that the theme of.
. : ,eyer cobiesopAsed sncl) a grant. • This app,:b:
In- • of thee4t4te might lo termed 10 (-hal
)4oii
di F not appear o him to warrant i;l:b a tida.-b#A
cause the deeds by whirls the estate , s thus Or,