Star.
London, England, 1817-04-21 00:00:00

OLD 3411,F r.

Saturday, Rk4ard Vat. Urns Bon, who stands cnrns
muted for having published a certain -.wicked and
naalici,us libeli_imputing the crime of robbery to
Edward Lord Fallenoorough. and another libel, ins.
pufing to Robert Henry L4ed Castlereagh, that he
had stated a gross falsehood in the House of Co:o-
-nions, to answer his own purposes and to the said
Lnrd Efienbrirough that he bad unjustly convicted
him the said R. C. Butt, to make money of him.
was put to the bar.
Mr. WALIYORD moved that the prisoner might be
detained in custody, notwithstanding the discharge
of the Grand. Jury. and the c4rctusiscance of no bill
of indictment having been preferred against him.—
He made this motion on the ground of as affidavit
of Mr. Hobhouse, Solicitor for the prusrcution, in
which it was stated, that a criminal information
against the prisoner was prepared, and it only re-
quired the signature of the Attorney-General t and
that the said information would be Ertl on the first
day of next Term. He farther moved, that the pri-
soner might not be admitted to bail, nudes: on giving
49 hours notice thereot to the Solicitor fur the pros:-
*elation. The object of the motion was, to prevent
the prisoner from being discharged by proclamation
on the last day 4.f the Sessiors, which would be the
case in consequence of no indictment Lasing been
pref. fled, it this notion were not complied with.
Mr. Justice Oat.t.as applied to Mr. Shelton, the
clerk of arraigns, and asked him whether he had ever
known of such an Application being made or granted
before ?, Mr.*Sisznann said he had not.
Mr. Homo:use. the Solicitor, said, a similar appli-
cation had been meek in the case of a prisoner cams
'mined by the Nike of bleweastle,i on a chive of.
publishing a libel. There the Court had oedeled,
that the prisoner should be detained until he found
security for his appearance in the Court of Hiog's
Bench, on the first day of the ensuing Tenn, and
that he should give three days notice of his bail.
Baron Woon -thought the application a novel one,
and desired that the matter might stand nyer.—The
prisoner was then wit.dra wn from the bar.
L. Canner stood indicted for breaking and entering
the house ut R. S aeet, at Brenttord-end, and stealing
therein a silver watch. two keys. and a seal. On the,
'Atilt ult. shortly after sit in the evening. the rose-
CUtOT saw the prisoner coming horn I: s house; be
asked him if be wanted ant thing ? upon which the
prisoner ran away. On going into the parlour, wit-
ness missed his watch, which had be, n hanging ever
the CliirllD:ppiei.e: he ask d his sister
if Ott knew
any thing respecting it on her answering,. she stip-
p4.sed the man had got it, he ran out, and pursued
the ',limner, who threw the watch from him into the
Brentlord canal. _ _

Mr. Baron WOOD having summed up the evidence,
the Joky found the priaoner Guilty of stealirg, bat
no of the burglary.

•
AMERICAS, StAanto.—:Earl BATHURST having re-
peatedly 111611110 10 Mr. THOMAS ASTMIWALL, the-
Amorieas-ConsoL directing him to provide a ship for
the - whom

the conveyance of __ American steepen, by
our streets are ialirsted, is, their own country. that
gentlemen accordingly prepared a ship for the recep-
tion of chow men, in the river ; but no less than 37
of them, who had signed the usual agreements for the
toyagei deserted from their citurter.slating the lest
sleek, preferring-rather a precarious' dependence oti
Beitish charity tea free passage to America. Mr.'
Astrusivnat. has applied by le:ter to Mr. Mart:mut% 1,
Oche Siradaell plitice-uffice, requesting him to lend
the co-operation of his racers towards enforcing the
Lenders of EarlaATifilan on this subject.
lio-eraaer.—A black box who had robbed Cap-
lain Peyton, ~f Liticoln's-inn-fields of a drloo now,
' was on Saturday brought-to dn. Office by a soldier,
1 elbow eyes being, quickened by the proffered reward
of dflo. recognised the culprit through the !disguise
eta midshipman. The poor cre +tore seemed gait,
lemeoncerned at his situation. On Mr. BIRNIIII asking
this prisoner his name, tie replied. Joseph lanes. tire.
This caused a general laugh ; upon which be observed
«.A1), Meese, you Mesh now—you laugh mare OA
loam Blackee's hanging."—.Magistrate s 6 What have
so doge with the money ;ion got twin your mater-re'
«Me spend it all m eating and thinking, and on
I Maxeselle."—On his being ordered to betaken from
the Bar. to be committed, he addressed himself to the
Magistrate, saying, el Good bye, Massa, good bye."
The Magistrate. however, told hiss he should see
him again, as he had not done with him. It appeared
thee part of the money Mad been received by a female
servant in the boom of Captain Peytoo, who, with
her iewelwart. is issoustedy.
Tint Dal or DIRAWIII4I APPROACIIIIi.—G. Woe,
Mt mindful of theleterest of his Frteetils; sooliden
that he merely does: . his duty by pantiles asst the
pecidiat adrantagek of the present Lottery, Mid rio-
Minding theta Of ittrAwar approach. Of the I t .
Tickets Which it 'militias, 10,0111 wain —.2,
a,roff 7bilit...if Arcelh.o,llliiile rarer:44: 41
totite
i 4,14e0m1 erietilisT 0 iflo,otio•cami he.
'..dit ft nsidOi at • • • Anew, 61000. tea and
$OO of She' Prisenentide the HoldieeMble
to is Tibet I•4ltie sacceeding Lottery, ortataden
el reeeleieli 446 Jltersgra let notwielts " -the
trizelstliomzi•••,tteyttreigwipitro, et
-at illeintsieffiliell Oda% COrnhill and
"Sea al_ Yl cifekle ae. , ale% ond Shires vita tioNibli
0 %mg loff# ilkelliqy .6011 Mailer thiplist
12L11440•111
• . • ••7 410001.7. is Rise le
" psi iesesillitiffillehmaesi Wills'
4, held Wet 4dmiration,,tand
their -deintr- ' ' a nothing hie
:111,1110,09e1ir affiwetjelt AS ie
d amnia if the present Loliery.
*Ogirfeeli el the .1 Yip /dm; no a
Ant* ventestably be &quid so
indliliesttrinity en* h de-
iii=hillii ilif ..
.4. 4040441b1ie whist
ip.,..
N.
1406. L _ Melodic* Few of Twisty
'rely Ude Blanks f In tile in!
and Shards, competisentifipon
pear leatilerstO• Canned.'
..__. _ . knee, that in simian gm
of erp,ooo ems *vino
.11: Odirfffllenza , ~

CIItPRCII L44DS:
VICW-CHANCECLOWS COURT.
Fits HOSOUIt was occupied on Ftiday in hefting
the folh4ing important case. relative, to Leases of
Chutch Lands
Ttil ATTOIINZVORNERAL 9. NOM AND errant.

Awieformation had been laid before his Hesue
respecting same leases, which were said to be frauds-
lent, and a bill prayed for the dissolution of these
leases r against this bill there was a demurrer also filed.
bin Hots.ve stated the case in support of the de
mart er. He began by observing, that he was utterly
at a loss to comprehend on what grounds the bi;l
bad been brought forward, and in what manner it
could possibly be supported. After the lapse of a
century, the Come was now, for the first time, called
to determine respecting the nature of certain Leases. '
and to say, whether they had been properly granted
lot wit? The facts of the case were shortly these:—
By the 12th of Queen Anne. the Chapel of Stockton
• •
Was crected into a Perish Church, the patronage of
which was vested in the Bishop of Durham, and
some waste lands valued then at eau a-year were al-
lotted to the Vicar of that new Church for his cup.
port, to be held by him and his successors in the usual
manner of other Church Lauds. It war, however,
soon found that this Act WAS not sufficient in. its
powers, a. 91 accordingly another Act was procured
is the Ist of George I. by which the Vicar was al-
lowed to grant building leases f:ir a sufficient num-
ber of years,,at the highest rent which could be got,
but he was to take nu premium for the lease . The
Vestry were associated with him, and alse authorized
to grant with him such leases. It was importer);
that his Honour should be told of these two Acts
being procured ; becauselt proved that the attention
sat the Legislature had been twice called to the sub-
ject, mad, after due deliberation, they had granted
the Adis. Acting then on the powers given to him
sad the Vestry by the Acts of Parliament, the Vicar,
in 1716, granted leases of the grounds in question
for nine hundred and ainety•nine years, andone lease
for ens thousand years, at the highest rent be could
possibly procure, and these leases were sanctioned by
the due forms uf.law, as the other side admitted. If
differences existed, it was ordered the Bishop should
settle them. The present application was made for
the purpose of having these leases dissolved, in conse-
quence of. their great length. But the V;tar, in bring-
ing this application, sertntd in have forgot that tha
A.t prescribed no limits to the number of years. and
it was singular that a wh, le century should have
elapsed without such a fault to the leases being,
seem especi.tlly as the leases were adniiirtd to be
good in lib. One naturally asked, what had the.
former Vicars been abort ? and why had irhapFened
that this Reverend Gentleman was the Era to set the
blame attache) to the original lesser in gienting such
a long period ? The rents were said to .be too low
now. This objection was futile, when his Honour
was told that they were the highest nuts which could
be obtained at that time, when the land was merely
a barren waste; and in fact it was necessary the lung
leases should be granted to obtain the rent which had
beim given. No selfish motives seem to have actua.
and the then lessors or lessees, and it was therefore
impossible his llenotir could interfere in a case of dry
ideal equity. No good reason bad been shewn why
this case came on to be heard at the instance of the
Attortsey4Gaierah

&Jct., in support of the bill, contended, that I
the Vestry were authorited to act as a controul over
I the Vicar; and' if they forget their duty, the Court
had to interfere. He argued, that this case was simi-
lar to that of•leases granted by the trustees of a cha-
rity; and the Court had in such cases always inter-
fered, where leases were granted to the injury of the
charity. He did not see it was any objection to his
cause that upwards of a century had elapsed from the
leases being granted. This made ho difference what-
I ever; for Lord Eldon had held, in the cite of Sir
John Norris, that the mere lapse of time was a mai-
I ter of no moment. The present Vicar bed been col-
lated by the Biihop of Durham in September, 1815,
and 6led his bill in May, 1816—so that to him the
lapse of time could be no blame: The extreme length
of the leaser was a poperful argument for their being
dissolved. as Lord Eldon. had laid down the law to
Atturney-General o. Backhouse to be, that leases for
nine hundred and ninety-nine years were a sale pro-
portionate to a lease for ninety•niae years, and were
thirefore'fiad t in fact,- it was a cuniplete alienation
of the premises. He would be glad to know on what
fasts it could be alleged, that such a term for build-
ing leases could be supporeed or on what authority
it could be said to be customary in Durham ? He
thought oa the whok this deserved some enquiry,
and 1 the lessees wets to lose their leases, they had
enjoyed them long enough to pay for ant espensc,
they bed been at.
• Mr. Lyme ,was utterly at a loss to see what ana-
logy could poseibly be traced between the trustees of
a charity aO4l the present cue. The case was one of
a peculiarly novel kind, sad differed materially frogs
:7 other be knew. -The AIM of Parliament authe.
the Vicar with leis-Wesley to grant these leases
for any number of yeses., provided he obtained the
highest possible relit for the ground; whereas, by
Common Law, be could not have given any lease
without the consent of his Patron and the Ordinary or
, the Diocese. No lease could be granted without the
consent of the Vestry ; but was a Court of Equity
prepared to say, that when a lease was good in every
point of view. when it was admitted by the opposite
side to be valid in every respect, that nevertheless the
Court would interfere, although the lessor bad strictly
and literally folfilled every syllable of the Act ?
'lle Vice Catascita.oa.....‘aCertaiuly this IS a case
ifs very novel nature; but it is one of the greatest
possible Sellpft/ACe. The question involves some
very interesting points, to which I shall not fail to
direct my attention. I shall minutely examine the
different Acts of Parliament you have referred to;
and siter considering the other papers in the case, I
shall give you my opinion how tar the provisions of
the Acts have bred complied with. and point out what
shall appear to me an equitable decision of the case."

Sittings appointed in Middlesex and London, be-
fore the Right Honourable Lord Chief Justice Giros,
in and atter Easter Term, 1817 s—ln Terra
111/SOLASOZ. Louses.
Thursday. Apil 24, I Friday, App 25,
fainulay, May 1, Friday, May
Ti,asiati Ma 6, Wednesday, May
Wieder. May i Wslorailay, May 14. •
Mira Itras-»llsesday. Max se—wsdats4sy, May 21.