Star.
London, England, 1811-08-14 00:00:00

LAW INTE►LLIGENCL.

coma. OF CHANCERY, AUG. 11:
TILE IMILL of sutroLE AND ANOTIIEJA v.
AND

, -
SMITH V. THE KARL OF SUFFOLK AND ANOTAKR.
These causes came on upon Petitions on the Mas-
ter's Report. The Earl of Suffolk had filed his bill
on his own behalf, and that of the nett heir (his
grandson) against the defendant Smith, for an ae-
cutint of the rent due by Lien, and to restrain him
from committing waste, &c. Mr. Smith had filed
his bill acainst the Noble Earl for performance of
covenants; and upon a former hearing them:fuer was
referred to the Master to examine and report, &c.—
The Master had now reported that the sum of ael2oo
was due by the ilefenclant Smith for arrears of rent,
and the present application was, that that sum should
be paid ever to the plaintiff Lord Suffolk.
Sir SA mum RosituA, on behalf of the defendant,
Mr. Smith, stated, that, his client had been an eaten. I
sive and very eminent agriculturist and tamer in the
more northern part of Scotland, and Lord Suffolk
conceiving that the Scotch mode of cultivating land
would answer very well in Wiltshire, had induced
Mr. Smith to take the farm in question, at a rent of
kW) per annum, for a term of 17 years, under the
express stipulation that he was to cultivate k accord-
ing to his own mode, to plough every or any part of
it according as lie should think expedient nr proper.
A:considerable part of this estate was meadow land,
which Mr. Smith conceived, according to the spirit
of their agreement, he had a right to cultivate as he
should think proper, and had accordingly p!oughed
a great portion of it ; but Lord Suffolk on the other
hand, not thinking this agreeable to his own ideas of
agriculture, had filed his bill to restrain Mr. Smith
from cultivating the farm according to his mode,
and Mr. Smith had also filed his bill for a specific
performance of the agreement on the part of Lord
I Suffolk.
I After a few observations from Mr. RICIIARDS and
Mr. Haar on the other side,
The Loan -LIA%Ck.I6LOH directed that the sum re-
it ported by the Master be paid into Court for
the present, at trte same time his Lordship recom-
,
i mended to all the panics to come to some amicable
arranger' ent among themselves.

Experts WHITAKER, in at matter of WHITAKER and

Glasox, Zankrzoit.

Sir SAILUZL WIMILLY, no brhalf of the Bankrupt
Whitaker, applied for liberty t'i go before the Corn-
order to pa, his final examination. He
stated iron) atfilivit in -aipport of the petition,
that the petitioner was a young man who had spent
the early par: of his lite in Asia and Africa, and re-
turning to this counii y was induced to embark in a
mercantile speculation with the other Bankrupt Gib.
son, but tailing in that undertaking he became in-
volved in his circumstances, and was thrown into
the King's Bench Prison for debt. That a separate i
Commission had issued against him, and subsi2quent-
ly a joint commission of bankruptcy was taken out
against bull. That shortly after he was brought be-
fore the Commissioners and underwent his first exa-
mination, after which he was, as usual, remanded
back to the King's Bench. Having afterwards pro-
cured his discharge from the King's Bench, he wished
to go to his friends- at Bath, tor the purpose of pro-
' curing some pecuniary assistance ; and being igno-
rant of the laws of this country, he mentioned the
circumstance to the person who was then the Solici-
tor under the Commission, and who told him he
shcwld mention the circumstance to the Commissio-
ners on th 'ir next meeting, who he had no doubt
would enlarge the time for his final examination.—
He accordingly repaired to Bath, but was shortly af-
terwards taken under Lord Ellenborough's Warrant
and committed to Newgate for felony. as having run
away from his Commission, and now remained a pri-
soner in that jail. An indictment had since been
preferred, and the Grand Jury had found a true bill
against him. He denied mist positively that he
ever intended to abscond from his Commissioners,
that he was ignorant of the nature of the proceed-
ings against him, and that they must have originated
in the Commissioners'not being made acquainted
with the circumstances of the cause of his absence.—

He was now ready and willing to go through his ll-
natexamination, and under these circumstances he
trusted hie Lordship would grant the prayer of this
petition.
Mr. IttestAßMl, on the part of the Assignees, op-
posed the application, and stated, that these bank-
rupts had procured from Mr. Barry and anotlier of
the assignees, a considerable quantity of Irish linens
and other goods to a large amount, which they re-
presented as for an adventure to the Mediterranean,
and which were to be consigned to a person of the
'name of Smith. The goods were ordered to be sent
to Portsmouth, where they were to be shipped for
foreign trade, but much to the surprise of these gen-
tlemen they found the goods were 'very shortly after
sold in London for twenty per cent. less than the in-
voice price.
On the 15th June, at a late hour in the day, Whi-
taker was brought before the Commissioners. but be-
ing so lite an hour ou a Saturday evening, the Corn-
irrsior.ers further extended the time of his examina-
tion until the Monday following. There then being
some suspicion of his intention of flying from his
Cimmis.ion, he was told by Mr. Christian, one of
the Commissioners, that if he was discharged from
the King's Bench previous to their next meeting,
and did not then attend, he would be liable to he
tried and hanged for felony. He said it was not his
intention to fly from his Commission. It appeared,
however, that on the day after he bad procured his
discharge from the King's Bench, he was married,
and Smith accompanied him and his wife to Betts, by
the name. of Wilson. Mr. Barry also swore that he
had been informed and believed that Whitaker had
been advised to fly from his Commission and quit
the country, and he also believed that he was on his
way to the Continent when apprehended ; that he
was also informed that Smith was in the constant
habit of passing by the name of Wilson, that he was.
also accompanied by his brother, who went one time
by the name of Augustus Stephens, another time by
the name of Whitaker, and other names; that an in-
dictment had been preferred against Whitaker for
flying from his Commission, and that an indictment
bad lb also preferred against the other parties for
a conspiracy, upon which the Grand Jury had found
Sipe bills, and they nowrentahted for trial. Under

these eirctnn. stances, he hoped, bas Lordship "odd see
'no'grounds for granting the prayer of the Peeidin.
—Another Petition was also preferred by bin Parry.
to supersede the separate Commission. '
The LORD CHANCELLOR directed the separate Comte.
mission might be superseded§ and refused the present
application.
Shortly after Sir S. Rosituvr:seengard to state to leis
Lordship that Whitaker had set ered, and pissed
his last examination under the separate Commission.
The LORD CHANCELLOR expressed himself ouch
obliged for the communication, and said, that if upon
his trial the man should be able to shew that it was
not his intention to fly from his Commission, it would
materially alter the case, and directed the proceed-
ings under the separate Commission might stand over
until the result of the trial.
AUOUST 12.—THE ATTORNEY GENERAL G. CLEAVER.
The ♦LORD CHANCELLOR stated, that in'this case,
which was a bill filed by the Attorney General, on
the relation of a person of the name of Holmes,
against the defendant, for a nuisance in a soap-work,
at Battersea, free should allow judgment to lie over till
the first Seal before term. His Lordship was the
more inclined to this, from considering that his
deciding the question of jurisdiction pending the ia-
dictment in the Court of King's Bench, could be of
no service in accelerating 6.! business. If there was
really that &liter to the health of the inhabitants in
the immediate vicinity of die work, and of the pnb-
lic in general. as had been represented on tl.e part
of the plaintiff, his Lordship was certain the Court of
King's Bench would fall upon a remedy infinitely
more expeditions, arid :it the same time mote effica-
cious, than any which be could devise. He had
conversed on that subject with one of the Judges of
that Court, who concurred with his Lordship in. this
opinion.
Mr. HART, for the defendant, expressed his firm
conviction that his Lordship should bear no more of
this case. The parties were bath extremely anxious
that the matter should be accommodated in tie way
least prejudicial to every person interested. It Ind
been suggested, that, by an alteration in the construc-
tion of some part of the building, the noisome and
offensive smell complained of might be carried off
without producing We disagreeable effects which had
induced the present suit. Any thing wl.ich could
thus be accomplished, the defetaints were anxious,
at whatm-:::expence to themselves, should be granted
for the public accommodation, uhethcr the tcni k in
question slionid, as it stood, be esteemed .4 ,II!'S:ItICC
or not ; :no!, they hoped theft, in this endeavuut y
would not be unsuccessful.

• Saturday evening, ---,Wittall, a journeyman
ki
smith, was accosted by two aims .on Buw-common,
%%Ito demanded his mor.ey.. 4rich he refused, when
one of the ruffians aimed ash ow at him with a large
stick, which he warded off,tand wrested Irons him,
avid beat the villains therewith, whom ran away without
I
their intended booty. ,
Monday W. White was charged at Bow-street. '
with burglariously breaking open the house of Eliza-
beth Wilson, early yesterday morning. The prose-
ntrix stated, that she left her house perfectly secure
on Sunday night, about 1,1 o'clock. At six o'clock
yesterday yawning, when she got up, she discovered
that the lower part had been broken open, and a vit..
riety of articles stolen. John Brandon, a constable
of St. Clement's parish, said, he was constable of the
night on Sunday, and, ab, ~t !.I::.ee o'clock yesterday
morning, he was stani -7:7 ;,..tr his own door, in
White Horse-yard, Dru:l Lane, when he ob,erved
two men pass him, with a tea-boar s-, a looking-glass, 1
and other articles. After they had passed loin, it !
struck him that they had been committing a robbery,
and immediately after, the prisoner came up v ith a
warming-pan, &c. under his arm, when he stopped
• him ; anal on searching him, he found several pick-
lock keys, a bottle of phosphorus, matches, a gold-
ring, ,C 5 in silver, two Al Bank-notes, &c. The ring,
and several of the articles, proved to be the property
1 of the prsecutrii, which had been stolen from her
house. The prisoner was fully committed.
Yesterday IV. Lemon was convicted at Bow-street '
in the penalty of 20s. fur letting off squibs amorg Elie
I crowd assembled on Monday night, opposite the Hay-
i market Theatre, during the illumination.
i Yesterday a lawyer, residing in Gray's Inn, was
I cnnimitted from Hatton Garden Office, till the stir
1 gem Call report on the state of a man, whom he
, . had beat in a cruel manner at a public house in Gray's
1 inn-lane.

Oa Monday a robber entered Mrs. Binns's house,
Cadogan-place, Oleism, by the area, and stole siiver
butter boats, table-spoons, tea-spoons, forks, and salt-
cellars, to a considerable ?mew.
Monday, Mr. W. A. Sneth, or Park-street, West-
minster, had his pocket picked, at Hackney, at the
time Mr. Sadler was ascending with his balloon.—
Major A. Gordon had his pocket picked at the same
titre and place, of Bank-antes to the amount of :CA
as had Dr. Roberts, of St. Paui's School, who wks iu
company with the !slaj.ir.
In the various complaints incident to the human
frame, there are notie more dreadful in their-nature,
nor 'owe alarming in their consequences, than the:
Gravel and StOne, Pains in the Back, Loins, and
Bladder, and Lumbago. They are complaints to
which every person is liable, and area foundation for
every other species of disorder. HICKMAN'S PILLS,
Composed of the most innocent ingredients, have been
found of 4ingtilar efficacy, in not only strengthening
the vessels containing the urine, but happily destroy.
ing the petrifying quality of it, from which proceed
the above complaints, &c. removing the calculi, or
gritty secretions, and banishing every pernicious ten.
dency to those disorders, nrithont confinement.—
From a consciousness of the powerful quality 'f these
Pills, fully evinced by a private practice.of many
years, they are offered to the Afflicted, and recom-
mended as a Cure for the above Complaints.—Sold
wholesale and retail at Mr. Butler's, 4, Cheapside,
corner of Paternoster-row; and retail by Bzlam and
81113-P1 Portsmouth ; Hall and Johnson, Gosport ;
Allntttt, Weston, Mallory and Jones, Portsea ; Trew
man, Exeter ; Cookworthy, Glenville, Gilbert and
Hoxland, Plymonth ; Newbury, Dublin ; Baxter and
Macdonald, Glasgow; Brtti.e, Manderston, Scott,
and Cargill, Edinburgh ; Crutwell, Bath ; Ross and
Peck, Hull; Grepon and Billinge, Liverpool.; Stains
and Lynch, blancliestor; 'Bowen, Norwich; Kackt
and X.loyd, Birmingham ; Gregory, Brighton ; and
mast Medici*/ Vests, in --tibias at 4a. 91 each.

nisturzyr iyttivßs.

The following Prisotwrs have given nnt,ce, ,n the
Idindon Gazette, ot their intention to take tile benefit
of the late Insolvent Act
Prisoners in his MAjesty's Prison of the Fleet.
Sahtuel Whlterow, late of Watford, county of Iler ford, grocer.
Ann Hort, fu, snarly of Marchmont•stroet. Ru•stil square, anti
late of Groat itusielbstreet, Covent-garden, widow, and orange
me.chant.
John Blake, formerly of Kiorstreet. Hol'oon, bat late of Hand.
court, Holborn, both In the county of Midedesex, shoemaker.
Baron de Waeciiter, (commuted by the name of de Wechter),
formerly of liansperad, and late of No. 14, Baker-street, Pun.
man-square, both lu the county of :Vitale ...a.
John Geodchild, formerly and late of lAmberth•Manh, In the
county of Surrey, chaitill-roshopkeeper.
Robert Poynter, formerly of N 0.21, Quern-street, Westminster,
and la: e of the n -w-yard, Rmadvtay,vt esiminster,coacitmaker.
tVillbiat 111'George, form' rip of Brightlivliostotie, in the county
of Sussex, and fate of Queen-afoot, Brompton, to the county
of Middlelex, wine merchant.
Henry Plunkett, fomii-rly of Clifton, and late of Cheltenhamy
both in the county of thaucester,late a Lieutenant in the lads
Regiment of Hussar*.
Jamul Henry, ft/tRIC‘I7 of Castle-streak, Leicester-square, and
Late of Lircifield-street, Soho, both is the county tit Middle-
sex. gold-lacenian.
Ann Herrison lionecar, formerly of No. 5, New-street, New.
ington Butts, In site county of Sun- y. and late of Chatuber-
lain's Wharf, Tooley-stree•., Southwark, dud St. Catherine's,
Tower-hill, morels:in.
Daniel Mendoza, formerly cf the Commercial mad, and late of
Whiteeliaptl road, both In the county of Middlesex, sic:m.ller.
Sir John Murray, Imo -oly Of leeward', and la.e of l'addington.
erect, loon an the county of Ttliddleaex, lhoonet.
Dame klizaheth Murray, torraerly of New...oho:ll-street, Pad-
dtugton, anu late of Isieworill, both In the coor.ty of Middle-.
sex, widow.
Thomas Judmn, formerly of 11:liutrs coon, Saint George's to
the East, and late of .Newmarket-street, Saint lel:In, Wapping,
lighterihoo.
Rot...ft Rhoties, formerly of Lltile-moor tlace, Lambeth, and
Ire 14 Carlitle-hoildiogs, Lambeti., Loth sa the county of Sur-
rey, mariner.
Chaste. Westlnacott Molloy, formerly of Bond-street, in the
city of Westminster, and late sit Brighton, In the county of
Susses, cabinet-maker.
lames Lawrence, btr of Tikham, In the county of Kent,baktr.
Lev. Holloway, formerly sad late of awallovo-otreei, in the city
to estminster, liamesi-makor.
Joints Ltlltl4ll3, late of Kiog-itrort, G oldea-tiquare, In the county
ut 111.1ditle.. a, 'oa.her.
Moses Alarm. coin. (cootto'red by the narne.of Moses
Lovito) torlder.y ut I.olA,tien.:::4--t:ect., London, and late of
blortoat-streit, in the strairt, to the cyan: yr of Nliddleses.,
merclian,, a pctsim Alaiust whom a commission of Bankrupt•
has hailed, and is std[ in force, and salla has not obtaine.l his
Cert. 'riche of Cnotoranity to the Statues coucerning./lonko
resat July atlovreJ. Oa
'l'ln.tr. as Young, formerly of Ad.tock, and late of Woughfoo,
both in the county et lincits, dirk
▪ Velltion known, torso 11y of London-Wail and late of
Lowrence.l'ountizey-lane, brill the city ot • Lohdoe, mor.
•
John Jackson, forme:ly of Dollet, and late of are:uitrart, ilk
the comity ut Wotcvstor, cap air of marines.
S101111.:1 'sates, fora:et I) of 1-.. turd, in the county of Kent, and
Lite of lorosPect-place, :it. eurge's-Salt!,, in the: county of Sur-
rey, wine, spirit, and garter nierchapt.
tkui y Chrytur,fortnerly of shrewsbory, in the county of Sa!op,
and late of the Army and Nary Coltro-louse, at. Martin
dote, in the county of Midcik sea, keg.
Joseph Goon, torus. t 4 ot the Loudon-road, St. Georges-Bel:I.,
In the county of ontrey, and Lite ot Loom, in the county of
Suss. a, chimer and druggio.
James Dawson, late ot na Cottazo, Bakei-street North, in the
court); of Mid.il "Vex, rnl ot t2Ol/111A1t4A14,11114%, us the oil of
London, starel.ouscntai.
Joseph Abraham Franklin, late of Boshans, and also of Cinches•
ter. both in the entotty of ou•ses, Gem.
wilant Foe, la.e of Estitains Li the c..uhty of Kent, Gent.
John Hunter, tormeily of ;tither; New-, sad, in the
county of Surrey, ithd Late of ,treat, Cheroside, us tee.
city of I..ondois, wart.'..JJStra..n, Af,siost who= a coax:lll,6km of
bankrupt ha. b' ten awattl•ti and L.-ued, and is still in force.
and who has rot obtained 1r a c.a.:lit:ate tiiitd.r the 111113 e.
Thomas Fullword, lornierly of foo'iltg, surrey, and late of
Hampriad, iu the county be-ker.
Joseph Snowden Boo:Oho of liunlk-s.rett, hitt:do:sex liuspital,
in doe county of Gem..
Nicholas iseo, t, sorannly of the Isaac Newton, York-street,
Altddlattwx, at:lista of the Au, ei tad Crown, Si. Nistrin'.-
last, in the parish of St. Aland:.. is dm i'telds, La the county
of Midairses, vie. ostler.
Wiliiani Grover, 1.. e os Grantham, in the county of I.:me-rho,
,:termer and Trager.
Williaeo late of Skeposn Mallett, in the county of Somer-
set, clothier and agent to and fur Mr. hautocl Newman, s
London, merchant.
Michael itoilly, late of the Windmill, i;prr froun.i-street,
BlAckfriars-road, to the phish Clirist-Cinuloh, Us the aumny
of nun ey, 'newel:cr.
Janies d raith, lota ut r,urrord, in the comity ot Oxford, oroote
and liticoolra.
Thomas Zit.ehin3, late cf Lissin-greet[, Upper Liss :u-street, In
the parish us St. Mar.-la-bon:0 , in t., county of NM...hetes,
and furinorly ii., Chidie-Arco, io the e.rartf
of Surrey, bake:.
Michael of Woo bin!, L the cou::ty of Susses, psitrj-
took. and coniev
V4Z:obt.l.ll „ ;Ate of Car,V4l,4lse-tlmilte
Great Chnhiht,,.....v.rect, m the pariah of St.
Loonard, ealso.e.litcli, in the v ah.ty Lhool-
mistreoi.
Richard lisber Bell, late of No. 39, Oaf .rdAtto-•, in the parish
ot St. Mary'-lamhonor, in the toasty s f M.rdtvies hp-
(formerly in coorrtnership wth C:1.171.011 ['ashes under a.l
firm of aiti N tcharit 1,
Charles li.hcr brit, tALe of NO J 9, 0 at.n..l.arritet,, in the ost.sh
of ot.hlary-L-tonue, hi the c pity or A1.1.:1e--ra,lhien h: :tee ,
Otte in choptio.iieish o itlchtt, d eishor Beli, uoder cis nrus
of Charles Lie'.l and kits:Lard I:ieit.)
lames :lilies, the of No. ti, I..imbethAvalk, in the of I oar,-
both, its the comity of ourrey, baker.
/oho Allen, late of Castle-iirtxt, St. Martin's, in the cuttr.!.y
Middlesex, victualler.
orno.ii, is:, of No. I t. 11erl7:ir!-1:110.:•, ;u
the Coaury of' zd',thileic,e. tiers. and tr.avel,r to A.r. .14,11
my prtirt
Johtt Mitts., ut N. 41, Lis it ee t. f-itfc.4, in the lih-rty of lot •
ton, sat the 1.14I1.:i ui in tam coatity
plumber, glanser, and potter.
Lawrence Croft, of N's. 5,
in the parish of Shot Ueorie the r, iu :i.e cot.: :7 r:.•
Sorrel', cook..
Thomas l lumphry.., late of tke I torso an./ Grime 5t7.51,-s, ;
man-street, Southwark, and fonntr y yr valielteull.a..-2,tee.
Sorroy, est,rMity-turdo.ott.
Richard l'ayitir, formerl;' GI I-I.;• 1:
Lite of GI,111:111, I:I the pa: nit tat AN, ra.OLC, I,: _ A
of 11:1.11,0 A 0! v
Gatot .%a. 4, t.;,,1P.r ?:-.:
county of Surrey, and Is, I a.: IL..:ta •
h..41-strre% 05,ip ist•or cte. brolt r.
W:iiista W all, formerly o: St ,:eorge4 rate, art hoe of !
MArel, both is the ett.o.ty 4)! i I .11.4
sl 'per, formorly . eiti'Vhr:;w, 41." e .11
Ot All4.l•lltielf, all. tate 4.1 t Uad, lu tt5.11:94....ty set
rey, lass-maker.
lobo Jacoby for.aer4 of Putter's-street or Fiel's, ar
late of Weller',..lOace, Shut George's-kit-I.ls, in the of
Surrey, moor.