Star.
London, England, 1826-07-18 00:00:00

THE ARMY.

A Company of the Second Coldstream Guards left Preston on
Thursday morning, for Head-quarters (Manchester). A troop of
the First King's Dragoon Guards, now lying at Preston, has re-
ceived orders to hold themselves in readiness to match on the
shot test notice.

Major-General Sir CBARLIS novae and family have left Li-
merick for a few weeks. During the temporary zbsetice of Sir
CUARLES, the command of the Garrison devolves on Colonel
Woastay, Royal Artillery.
• General Sir Cnaamis Doris, Lady Dorr.e, Miss Dort.; and
Captain Dons, are on a visit at Cloyne.
Tuesday, Captain °RAM'S Troop, Scats Greys, returned to their
Barracks in Limerick, front Tralee, where they were called during
the election.
Part of the Zed Regiment have, last week, passed through Ti.
verton, by way of Crerliton, for Manchester; one of the privates,
a young man,Jtaving been guilty of disobedience of orders, was
tied up to a gate, on Tuesday, and received 1:0 lashes; he remains
for the present at Tiverton.
Detachments of the 57th Regiment of Foot passed through Co-
ventry on Monday, Tuesday, and Thursday, on their route from
Weedon to Manchester.
Monday last, the 9th Regiment of Foot marched into Win-
chester. The 4th and Slst have also returned doting the week.

LAW RErortt.

_!_ _

COURT OP•CHANCURY, Jvcr It.
MENDIMAISEL V. hiACHAD4.

This was an appeal against an orderpf the Vice•Chaneellot.
Mr. SUGHEN stated that an application had ,been
Made to the Vice-Chancellor for a commission to exa-
mine witnesses in a cause, the object of which was to
buy the defendant's right to a sum of 80,0001. This
sum had been paid to him, in the charaver of a trustee,
by the Government of France, on behalf of Spanish sub-
jects, who 1, •terred certain claims.- The Vice Chan-
cellor, after hearing counsel, made the order for the
commission as prayed. Some time afterwards another
application was made for a secind commission to
examine witnesses in the Brazils. The Vice Chancellor
then said hi would not grant the order until he had
made some inquiry as to the merits of the case. A dis-
cussion was entered into, the result of which was, that
Vie Vice Chancellor reused the motion fof a second
commission, and reversed the order he had formerly
pronounced for granting the first. Against this older
the present appear was lodged, and counsel was heard
in favour of the confirmation of an order for both
commissions.

Mr. HEALD and Mr. ltussect, on the other side, con.
tended that no case WAS made out to entitle the defend-
ant to the commissi3ns, and that the Vice Chancellor's
last order ought to be confirmed.
The LORD CH#NCELLOR said the question was, whe-
ther the plaintiff had shown, io the satisfaction of the
Court, that he could not have justice done him without
the means of the commission he now prayed for ? ft
was a curious case, and one, as far as he knew, quite
unprecedented. He was, however, so convinced of the
utility of bills of discovery and commissions, that al-
though some might call it is prejudice, he would never
willingly see the subjects of these realms deprived of
them. They were perfectly conversant with the princi-
ples of equity, and sanctioned by the established prac-
rice of the Court. While be sat there he could not
permit the practice to be altered, ncr should he ever'
think of proposing any change until he had first con-
stilted the other judges of the country on the subject.
At present, all that he would say was, that thefe was al
great deal of documentary evidence which he had not
yet seen, and which he must consider before he could
decisle. Between this and to-morrow he would look
over the papers, and the case might be mentioned to
him to-morrow morning.

VICE.CHANCELLORI,COURT, JuLy 17.
CAPES AND ANOTHER V. HUTTON.

This was an application for an injunction to restrain
the defendant from practising as an attorney in or
within 12 miles from the town of Epworth, in Lincoln.
shire, under the following circumstances t---The defen-
dant was articled in the year 18.19 (he being then a
minor) as clerk to plaintiffs, and, at their desire, his
' father consented to have a clause inserted in the articles,
by which the son would become bound, under a penalty
of 2,0001. not to practise as an attorney, at the expire.
tion of his clerkship, within the town or neighbourhood
mentioned. The articles expired: and defendant ap-
plied to have them registered, iu order to hit being
sworn in as an attorney. This the plaintiff: refuted,
unless he entered into a bond to abide by the elapse
inserted in his indentures. Howeier, the Coiri
King's Bench, on hearing the case, granted a sitandainsiti,'
compelling them to file the indenture!, but without
costs. The defendant, as soon as he became qualified
to act, began to practise as an attorney in the town and
neighbourhood of Epworth, in direct violation of the
clause contained in the indentures. To restrain hini
from further practice the present application was made.
The VICE'CHANCELLOR asked whether the plaintiffs
had required the defendant, when he became of age, to
enter himself into a bond conformably to the clause in
his articles of clerkship ? and being answered in the
negative, said, he thought he should be obliged to refuse
the application. •
Mr. Krarcarr, for the plaintiffs, submitted, that the
defendant, having availed himself of the articles after
he came of age, should be considered•as giving his full
assent to their provisions. -
The Vice-CHANCELLOR thought otherwise. The
articles were obligatory on defendant to serve his clerk.
ship, but could tint be binding for other purposes: The
obligation entered into by the father, On behalf of the
son, could not bind the latter, unless he afterwards gave
it a legal consent when he came of age. The plaintiffs
ought to have required him to do so at the time; as
they had not done so then, he must now refuse the
motion, with costs.
Motion refused accordingly.

SUMMER ASSIZES'.

—.ow—.
DORCHESTIER, Jinx 15.
CROFTS O. WATZRHOUS6.

This was an•action in the case brought by the plain-
tiff to recover compensation in damages for injuries he
received by the negligence of the defendant's servant.
The plaintiff is a man of business in London, and has
frequent occasions to travel through the country. The
defendant is the great proprietor of stages and mail-
coaches all over the country. In the early part.of_the
year 1825, the plaintiff was a• passenger by the Regalao,
tor stage coach, which belongs to the defendant. About
two o'clock in the morning, as they were coming to-
wards HelmhiU, in the ma.) from Salisbury to this
town, the coachman made a wider sweep than usual in
turning round a tomer. The wheels got in some rub-
bish of an old house, which was taken down the night
before, and the coach was overturned. The plaintiff
was severely hurt, and was sir weeks under the care of
surgeons. The principal questions for the Jury (which
was special) were, whether the accident happened by
the negligence of the coachman? and secondly, if they
thought .it did, then what amount of damages they
would give tht plaintiff?
The Jury found a verdict for the plaintiff—damages i93E.

This case was tried here last Summer Assizes, before Mr. Jus-
tice Ltrrczaazz, and a verdict found for the plaintiff. The new
trial was granted on the grounds of a mlichrection of the Learned
Judge. It was now tried before Mr. Justice Gazur.ze. The
speeches of Counsel and the evidence were nearly the saute that
were reported very fully last year. The trial lasted till ten o'clock.

Ftn ON TMt CONTINENT.—it appears that 39 houses
And 70 outbuildings, the value of which was above
80,000 dollar!, were destroyed by the late fire at Oste-
ode. The damage caused by the ice at lite is ab ,ve
150,000 dollars.
SUDDEN DEATlL—Yesterday, Mr. Mills, A respect-
able pork-butcher, residing in Fetter,lane, having been
out on business, was, en his return home in a hackney-
coach, discoveted in a state of insensibility. Medical
aid was promptly resorted to, but without effect, for the
vital spat k was extinct.