Star.
London, England, 1816-11-15 00:00:00

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; ntaapt

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1.„ The 11%110 CIiAIICeLGOR *fell
pt
,46
ease. which arose on the Wsll.. 0 the late lir Ohls
Chichester.
*The question for the decision o(his Lordshipienet
whether the Defendant, who wet -a legatee:ind4wiln
executor to the testator, was entitled to 'the rejdai
of the testator's *meal estet et .which. was atitlisPee".
ed of by his will t
His Lordship was of oPielO'n,' that the Defender*,
was not entitled to the residee,- for alshaugh it Wes
evidently the testator's intention that his executor
should have it,. yst• as 4 .was:the clearestablished liw
that where a specifit legacy was,.given to an execu-
tor, parole evidence; as in this case, should not be.
received to sheer testator's • intention that the
executor, should take the residues be most' decide
accordingly.'

HARLZY O. THI ASSUME= OF VIM INAS.
Mr. Rose, for the Plaintiff, .moved that a Mil of;
stB9oo. bellnging to the estate of the Bankrdpt,
might be paid into Couit.
Mr. MONTAGU opposed the motion. He said that
the Plaintiff, an Officer in the 47th Regiment, had,
contrary to the rules of the service, entered inm part-
nership with Venable' in the year 1814, which part-
nership was shortly after dissolved g.end in Decem-
ber of the same year, Venable' became bankrupt....
He trusted his Lordship would never grant such a
motion as this.

•
His Lordship said, that the Plaistiff hawing. J
opposition to the regulations at the army, traded in
partnership with the bankrupt, .he doubted whether
he had a right to corns into Court, but be would
peruse the papers.

COURT OF LUNG'S *NCH, NOV. 14. -
"SANJAY V. THE ilAltinfill OF lILANDIORD.
This was an application Made by the Noble De-
fendant, to set aside five bonds and warranti 6(
attorney with the judgments thereon, for fraud-and
usury. The transaction, as was stated by his affida-
vit, was as followsr—That in the year 1811, wanting
42 money. the Plaintiff was to raise him 100. for
which be was to give him 10 per cent. ; but in order
to cover this transaction, he gave his bonds for
442(X) at 5 per sent. and Manley gave him in return
bonds for 42100 at no interest, so that he was to pay
410 per cent. for the ntoney he was actually to re-
ceive; but instead of Ratting any money. he only g. 4
bills, which were dishontiured. The Plaintiff's affi-
davit, in reply to this, was, that the Marquis signed
tbe bonds, which were to ts bold in the market for
what they would fetch, and chit the Plaintiff wai to
have the half of the money raised without interest
for his agency, and that to secdre the principal be
gave his counter bonds.
The Court ordered the judgMenti and **trent of
attorney to be set aside, except in one cub of a pur-
chaser, which was agreed to be referred tb a Gentle-
man of the Bar.

MIX v. WILLIAM MAW.
The Defendant pleaded guilty last Tetin tit tit
indictment upon the statute 42 George 111. t. 85.
charging him with a felony committed in North'
Ainerica, and be was now brought up on 'fir tnotiod
of the Attorney-Gellert' to receive the jaggiest of
the Court.
' Upon bring put to bar, the indictment *as
reed by the Clete of the Crown. The first count,
stated, " that William Shaw, late of Pofuntouth,
being employed by and is the service of our Lord
the now King, in a certain civil office and capacity,
to wit, in the office and capacity of Clerk' in the
Commissariat department of our said Lord the King,
out of Great Britain, to wit, at Keene, in North
America, on the 14th of June. in the 55th year of
the. King, to wit, at resulting/4 in the county of
Middlesex, in the execution and exercise of his office
-and Capacity, feloniously did steal' 5000 Half Joes,
of the value of a 1 0,000, the money of our Lord the
Kiag, and 2400 ounces of gold, of the value of
1110,000, the goods and chattels of our said Lord
the King, against the form of tote. statute in such case,
made and provided, and against the peace;"
There were five other counts, charging the offence to
have been committed by the prisoner, ffrst, in the
execution of his office, secondly, in a military capa-
city,
and third'', is a public employment.
Mr. SIM.WYN and Mr. Gaeta'', toe the Prisoner,l
submitted in arrest of judgment that this was not- el
crime or acne, within the meaning ofjhe statute in I
question. They commenced by contending. that by
the commas law of this country the ttial of all felo-1
uses was congaed withia the limits and local juris-
dictioos, whittle the offence was committed; and
whiffler those local jurisdictions were extended, re-
coarse was had to the sanction of ao Act of Perlis-
meat. la illustration of this the" referred to VS
Henry VIII. c. 6. sec. 12. which was the first in-
states oft- the common law in flit respect being
Whim is woe; that Act being ;kissed for the put..
pose of declaring, that all murders; felonies, and
,robberies, committed within the shire of Merioneth,
should be deemed to have been committed in Car-
neervonshire, and determinable by the King's Justices
'far North Vales: The next:Act refined to was the
96 Henry e. 15saec. 4. extending the before:
mentioned statute to treasons: The Learned Counsel'
were then going on to allude to the provisions of the
ZS Henry VIII. c. 15. for extending the jurisdiction
of the. Admiralty Courts to offences committed on
the high seas, when
Lord Euxesoaovon interposed, and said that the
construction of the point in question would depend
upon a reference to the Statute 11 and 12 William
111. c. 12. passed fur the punishment of Governors
and Deputy Governors of Plantations, who were
guilty of oppression and cruelty towards persons
within the pale of the English law, and for the pu-
nishment of other crimes of the like description.—
ll'hat statute contemplated only misdemeanors, and
not felonies, and no one could ever imagine that a
Governor or Deputy Governor of a Phonation, was
punishable as a felon, under 'the provisiont of that
Act. The Statute upon which the present indict-
' merit was founded, was passed. merely for the pur-
pose of extending . the like provisions at were coo.;
tined is the Act of 11 and 12 Wallet.; to inferior
Officers and other plums in the service of the Cruwn
is the Colonies; aod only vontamplated offences.
which were 4werorgeavriee and did not apply to fe-
hews.
bir. GIANOAD referred et oho provision' 4;4'66'11