Star.
London, England, 1828-11-19 00:00:00

WATTS V. VUSFLI.

This was an action upon a covenant in a lease, under
which the plaintiff sought to limit the defendant in tak-
ing apprertires.• The case having been appointed for
special argument, this morning can eon to be heard. but
bribte it had been fully argue J, the Court suggested to
the plaintiff the propriety of making an amendment in
his declaration, ad there appealed to be some obscurity

in the statement of the juiciest under which he claimed.
Tuis suggestion was consented t,r, and t e case accord-
ingly stood over for the amendment. .
Mr. Sergeant Sm in the course of his argu-
ment, cited a case which had been tried at York, in
which the plaintiff sought to recover upon a contract of
, a somewhat singular nature. It appeared that the
' plaint ff had paid down to the defendant 1(b1. upon
condition that be r.liculd pay him a guinea a day so
long as. Napoleon Sinai:lute should contkue to live.—
The defendant, however, failed to fulfil the conditions
of tie contract when the action was brought. The c ace
subsequently came before the Coon, when the contract
was held to be illegal upon two grounds—first, that it.
tended on ti e WIC side to promote assassination—and,
secondly, that on the other, it was ca'culated to create
disloyalty in the sutiject. The ground upon which the
Court had come to this conclusitri appeared to he, that
in ca-e a/soapier had effected a landing in this count, y,
the plaintiff, who had an ii.tertst in his life, would take
no means to destroy him as an enemy ; and that the
defendant, on the cr ovary, to whom his life was pre-
judicial, might be instigated Isom leconiary motives to
assassinate bun.
The Loan CUM? Juarecs—ln other word, the
Court held that the cr,ntr ict ten led to in•tigate one man ,
to kill Napoleon in an unfair way, and that it pteversted
another from killing him in a fair w4,—(A laugh).
Mr... Justice ',Anse °rise, %ed. that that case had been
gravely decided, and he theft lone did Out think it should
be so lightly vetted.
The case excited a great deal of mirth in
,Court.
F.XCHEQUEIt CHAMBER, NOVI3OIIII IL
UDGalliN T—wrisotio O. DaNChill LLD.

The Loon Cuter BACON :awe his judgment in this
cause at the sitting of the Couit.
The plaintiff, in his bill, stated that ss the Vicar of
Aston Aibsonk, in Buck.iighamshire, It is entitled to
the tithes of that V.carage, with the exception of those
tithes upon corn and grain. The defendants are the
occupiers of land called Bust:rJs, within that Vicarage,
and the charges, that curing their occupation
of it, they have neglec;ed to set oat or to account
for the tithes of hay, attificial grass, soul, calves,
lambs, foals, pigs, poultt y, egg,, was, honey, gar.
den stuff, and fruit. The detendants,.in their an-
swer, admit that the plaintiff is the Vicar; that they
rieenpy.the land called Bustards, containing aboat 700
acres; cnd that they hate possessed the Wags in ie-
Teti of v hick tithes are claimed, but they set up a
modus of 571 a year, pa) able at Michaelmas and Lady
Day. In proof of this inodiv, the defendants adduced
parole evidence, all going one way, and establishing
payment of t' e 371. As tar, theiet ue, as this parole
evidence could by relied on, it was sufficient fur its poi.
pose. In or posit;on to this plea of customary payments,
the plaintiff insists d that it mast have been of modem
or Wit, as it was contradicted by the written testimoity
the E•efesiastical Surety, tke Nut se holt% and the
Minister'. ace., mils; but as his Lordship intended that
'this very invoice, t q.wstion should befoie another
'tribunal w pr. judice, he shush, refrain him com-
menting at large upon the relative credit due tis
thee documents. Titus much he would, however, say,
that the No. z R lls did not r late to all the tithes;
alt the end it due the Ecclesiastical Sat vey had often

been doubted, and that the Nfinister's act ants ouly re
Lied to the tithes vbich were vested io tit& Crewe, but
not to rs.e siea isl emoluanentr. • lodged, the out, doubt
which his Lordship could entertain on the subject arose
from the apparent lowness of the mutts*. kis Lordship
cited. several cases, in which Judges had tiought the
lo,soess of the mo..his a sufficient ground for tileci.ling
arsinst ir, or at all events for ,ending the rptestion to a
Jury. In some instances, however, Jur4ges•coafireeed a
modals av low as that set up in this cease, which
amounted to about a shilling, or, 1 ethaps..4 liAle mote
per acre. His Lordship was greatly embarrassed
by the cautious manner in which the defendants set up
the modus. They did nut rely on it as.applicable to
I any specific tithes, leaving it to the plaintiff to sho4a
that he was entitled to any, and what tidies. Thus,
hesic'es relyirsg- on the modus, they put the Vicar to the
procf as to the particular tithes bel.inging to him. For
instance, the defrendai.ts say, that the mottos has always.
been paid in sati-faction of the viol: ial tithes. without
ccusiescencling to state any %%here what those pat ticulae
tidies ate. The defendants took this safe and cautious
cons se not without good advice; for if the Vicar had no
euchiwrnent, he must fail in his claim. A Vicar can curl)
.claim tithes by Froducing his endowment, or by giving
such evidence as that the to, ms of the original endow-
ors. at can be inferred from it. In the present. instance,
usage h.scl, in his L9rdship's opinion, confirmcd the en-
dowment; but to what extent, or with reference to what
pat denier tines, be was not now called on to say. His 'I
Lordship conAtitled, by directing an issue to try the'
validity uf the modus set up in the answer of the defen-
dants.

HIS LORDSHIP hoped that the parties would agree
upon the terms of the issue, so t'ist it would embrace
the entire question.

INSoLVENT DEBTORS' COURT, Nev. la.
Mrs. Mary lilaQmfield, the widow of the poet, Rnbert
liloomfiel,i, was beard in the matter of her petition to
be di•chargell.
The celebrated bard expired about eighteen mnnths
ago, when a suiwctiptiros was entnedinto for the widow
and her too chilJ.en, by which she was enabled to set
up in business as a with her daughter.
The unforturiav widow, attired in a plaid cloak, ap-
peared about 33 sears el age; and stated, in her ex-
emulation by tire COUNT, that she resided in Northamp.
ton Place, Cerkenwe.l, with her son Robert, who is
about 21 ,ears if age. and who follows the t:ade of his
late falter, is Ladies' shoemaker, And her daughter, who
is 23 years r f age. The greater part of the furniture
she. used be;tinged ro them. 11-zr detaining creditor was,
A Mr. Woolmer, a warehouseman, of Clicipside, whose'
debt was contracted for goads furnished to her and her
daughter, as milliners, and for which she alone was
reispousible Sire had been obliged, for the support of
herself and family, to horro.• several sums of money
Irons Gentlemen, admirers r f her husband's talents,
whose loans were metrioned in her schedule.

No opi:osi;ion appearing against her, she was ad.
judged entitled to the benefit id the Act, and ordered
to be dischared thaitn.

POLICE INTELLIGENCE.

--- ~•---

MANSION-HOUSE.

Yesterday a man named Simn•ot was charged before the Lose
MATOa, upon suspicion of having stolen a game .ben of very su.
perior breed, and superior beauty too, for the complainant declared
that she bad a gold neck, a tad like a pheasant's, a wing of peculiar
brilliancy, a Bishop's mitre on her bead, and a pair of blue legs.
The hen, it was stated, was treated with great tenderness and
care, but being of a truant disposition, she Sew out 01 her place cf
safety, and, of aU places in the world, she chose the tap-room of a
public house in which to exhibit herself. The defendant happened
to be one of the company. and the hen was very soon in his'pos.
session. After having kept the bird for some time he disappeared,
and when the owner of the hen went to look for her she wasp,
where to be found. The bones of a fowl were, however, it was
privately reported, found in the sieighbourbood ; but the legs were
yellow, and it was suppened that as a lobster upon being boded'
turned front black to red, so a bird's legs were as likely to change
from blue to yellow upon undergoing the operation of excessive
heat. The complainant set the highest value upon his bird, for he
was convinced that there was not such another hen in the king.
dom. nor itnleed'in the world—(A laugh).
The Lotto MAeoe asked the complainant how much be bad
given to the hen?—lie replied that he had given no more than gs.
for her, hat be would not have sold her for Sl. She was a game
one of the very hist breed, and would fight till she'd die—aye, or
aitet wards—there Will no such Lird to be seen, cock or lien.
The Lose AiATOR asked the defendant what he had done with
the hen ?—The defendant declared that he could not find a master
for the bird for a long time she flew into the taproom, and
pore/ eel upon him,and he cotchied ber in his baud. Well, be walked
about,uid showed her to every one fur a couple of hours, but nobody
would own her; at length there came a gentleman in a frieze
jacket, and he said. " Thank jou, nay gond fellow, it's my hen"—
and he gave it to ch.: geutienian, who have him the price of a pint
of beer fur his trouble.

Mr. noble —And did she eat tender?—(A laugh.) Defendant,
Not I can't say sb did.
Mr. Hobler—Uh, then, she ate tough ?—nefendant—llsat I am
sure I can't say, foe I darn% eat none ut bur—(Laughter) I don't
know as how any body ate her ; but up colors this here Gentle-
man (she complainant) a'terards, and he sed I stoic his heo, bin
I didn't steal no ►uch a thing, for the ben flew to me, and I valked
about axing every body if it was hi. hen ?and they all said no, it an't,
barring that ere gentleman what gave mf the niuney for the hairy
—(Load laughtet).
Ilse 1.43 RD .MISTOs—Mad did you sell the hen for the price of a
pint ol beet ?-l/efendant—Vy, I tells your Worship that I didn't
sell no hen at all. Ihe hen come* to ow, and 1 goes about with
the ben, and nobody won't have her but tine, and he says to me
thst it tr..s Isis hen, and, ;our Vorahip, 1 knowed wery well that it
wa'nt.
Th.: blab :%lastus—ls there any hotly here who knows you?
file &feet-keeper here stood forward. and said that be was
pre.rnt when the tlcrettliaet processed his ignorance amongst several
permits a• to whose property the hen was. Ile did not see any
person claim ft, but the noise made about the matter was quire
sufficient to raiee several claimants.
Voider these circumstances the Loan Maros thought It probable
that if the hen was in existence, she was not in the custody et the
defendant; and that if she had been unsigned to " the grave of
living Best►," the defendant was not present at the obsequies. A
verdict to the effect of " Not Guilty" was then pronounced, at
which the accmed seemed to have been as much pleased as If
aoutber'same Lieu had taken a fancy to him.

GUILDHALL.
WA Harnett, janitor, appeared on behalf of his father, a coal
!awrehaszt at drakes, Wll3O, Thames-street, upon ao inforniation
for nos deliveries a Ileter's ticket with a waggon load of coals sent
by bun to a co•thmet at Iktboal green. The City Solicitor coo-
ducted the prosecutor.
William Frostick, the Meter, deposed that he was stationed at
the defeaclent'i wharf ow the 44th tilt. The James a barge, had
arrived there with SI chaldrons of coati; and on the evening Defuse
be saw the defendant's men prepare to load a waggon ; he desired
them to use the bushel measure, which they did in filling seven or
eight sacks; but after that, by desire of the defendant, they pro-
' ceeded to All away without measuring. He refused to sago earl
kirter's ticket, but the coals were nevertheless driven away, and he
saw them delivered in Bethnal-green.
Mr. Haynie-lit said, that when their lighterman was sent down I
with the barge for coals, he was to bring only twenty-five chid.
drove; but finding he csukl bring awniwr five chaideons, which
' would clear the ship, and entitle him to a fee of 3s. for enabling''
the vessel to team the l'uol a day earlier, be bad thine five chaldruas
distributed over the five rooms of the barge. Upon reaching the
wharf, slaty sit des were measured of, and Mr. Ileyment con-
' eidered he might sell the remainder as Pool measure, and can it
' away without blies measured. Vet upon hearing of this tom-
plaint, he bad caused the rest in the barge to be measured, and he'
awned the A Werman there was no Intrusion to defraud the public.
The City Solicitor gave Mr. flay:tient credit for the honesty of
Ms intentions, bet he had been guilty of an irregularity which mum
he climbed, fur she same irregularity would afford a dishonest dealer
I the means of cheating the public. The coals had been delivered
to the :barge in bulk. and without a certificate of the precise eon.l
tents of each room, roth the bead tothe stern. It was only where
the contents were so ceraelf, that the coal. could be sold for Pool!

Attar some conversation on thi• pint, Nr. All.rinan FAN'.

said. be sbasdrt floe M. stahmelasst Grey 104. is, dim 44
tube
au Webs= Maims% and that Ise muss maLdo le aims,
NOW-STIIRET.
Mrs. Uall, an ancient disuse io black habiNmerits, heath( btr
arms a bundle u( broken sciaps of old picture frames, in
erlncll
roam:dad a favourite and (what shr called) a valuat.it r„,,,tuvi
of the art, Minya daub of a butterfly pirouetting about an eki gocif
flower. which the defendant. one Mrs. Allay, had mashed in ;?•
complainant's lumbar, witbout any sort of p.rovocation• ifthel
en passant, also complained of Mrs. Allan a committing ag n
upon herself and brr dearer.
Defendant, however, gave Obalwatter a very different co legs,„,
ae tee provocation. Compliinact. she stated. ►tiered her A 4114.1,4
which she lent to ber lair seesaw a week after St. Darling
Fair, and when she called un bet last night for her nionci. cob.
pi:dream refusing to pay, she proceeded tory herself by ',yrs:
iat
es Viers esecntion on her debtor's roods and that ttliC,,lllll
atusrs
11“41.1C111 and itifentlant persist, el.
Complainant assured the NLigivitrate that defendant was Not
drunk, though, the added, she was quite sure that she was intssa.,
rated. She al.° said that deft tidat.t was out of I,ss. stn„ty.
and
war
er"(4lb:t.irndaaprkptaZnelig• ti:e7r.tle,i;ithc4ar
between two minda--complainst.t. hew ever, did nut deny Ike debt.
Mt 4. now produced a little boy to prove the zas..vit and S.
legal ley of the she The child, an nite.re tttttt mad, lee
gi:pn:ryitlottlikiiiittlegpsntsf;:arr.swoithlsaas
nine), on being asked if he ever will to church ? %AA nn. lJ'lse
ever say )iieir pt lens? Nu. lib you know any th.ng of Oats d.
mit ? No.
The parties were both censured for their toni!uct, and teem..
mended to speak in each other out of the office.