Star.
London, England, 1826-12-15 00:00:00

COURT OF COMMON COUNCIL.

Yesterday, the LORD MAioa took his seat precisely
at twelve o'clock ; but it was some time after that
before there was a sufficient number of Members to
Corm a Court.

Mr. It. TAYLOR presented a petition from two poor
men, who had been brought to a state of extreme poverty,
in consequence of the doing away with the London
Bridge Water-works. He believed there had been some
provision made for such persons, but the Petitioners had
not been able to obtain any permanent provision.—Re-
ferred to the Committee for letting the City Lands.
Mr. HUNGER presented a Petition from a class of per-
sons connected with Billingsgate Market, called 44 Bu-
marines," praying that they, as freemen, in the new ar-
rangements making at that market, might have the
preference over non-freemen, to which they were en-
titled by the 31st Geo. 111.
Mr. S. Duo); thought that the petitioners ought to
give some explanation of the word 44 Bumarines, and
required tie same from one of the petitioners at the
bar.—The petitioner stated, that he thought they were
not to be called upon to explain a word to be found
only iu the records of that Court, and in the records of
the House of Commons. It was not a little singular,
that the Court should have made application to Parlia-
ment for the very Act under which they claimed their
privilege, against which the City Solicitor had given
his opinion, which opinion, if correct, went to disfran-
chise a great number. They asked only for a preference
—they did not ask the Court to do away altogether the
sale of fish for non-freemen ; they asked it for them-
selves—their apprentices, and their children ; and the
Court, they thought, were bound by the oath they took
when they first became freemen, to support their claim.

Mr. S. Dixon believed that the Butnarises were nothing but a
class of men between the wholesale and retail fisb•seUers, by whose
means the price of fish was greatly enhanced.
Atter some further observations from several Members, the Pe-
tition was ordered to be laid on the table.

The Improvement Committee presented a report of their pro-
ceedings under the Act of Parliament for the removal of Fleet
Market, which was ordered to be printed.
The Court, on a motion of Mr. S. Duos, referred it to the Ge-
neral Purposes Committee to prepare a Bill for mauling the period
for the Election of Aldermen from eight to fourteen days.
Mr. C. SAVAGIC presented a Petition from the Inha-
bitants and others of the Ward of Farringdon-without,
praying that the Court would take into its consideration
the extreme narrow entrance to Fetter-lane.

The Petition was signed by the Master of the Rolls,
Mr. Justice Park, Mr. Justice Burrough, Mr. Justice
Holroyd, and Mr. Baron Darrow. It stated that the
entrance from the house at the south end, was only 13
feet four inches from house to house, that by taking
down twenty-five houses, an excellent entrance would
be made, and that the expense would be compensated
by the increased value of the ground rents.
Mr. Manony, an inhabitant of that part of the lane,
stated to the Court the number of a:cidents that occur-
red there, and also that which he was sure the Court
would not sanction the continuance of, namely, a scene
of blasphemy and riot, greater than occurred in the
whole Ward.

After some discussion the petition was referred to the Committee
of Sewers to report thereon.

At a Meeting of the Magistracy at Cletkenwell Ses-
sions House on Thursday, Col. CUTHEROW, in the absence of Lord
Rouse SEYMOUR, gave notice of a motion tor the appointment of
a Committee to enquire into the state of the pauper lunatics of Mid-
dlesex. This motion was unanimously approved, and may be con-
sidered as indicative of a favourable reception to Lord Roaxav
Sermoua's ptoposition fur a County Asylum.
Pnvate Ralph Thompson, of the 60th It.fle Corps, has
been sent on board the Captivity hulk, at Plymouth, being sen-
tenced by a General Regimental Court Martial to be transported
fuateen years as a felon, for desertion.
The Duke of RICHMOND had a severe bilious attack
on Friday last ; the consequences of which were for some time
very alarming, but by the skill and attention of the medical attend-
ants, his Grace is now considerably better.

LAW REPORT.

COURT OF CHANCERY, Dec. 14.
The Lofts CHANCELLOR was unable to attend the Court to-day.

COURT OF KING'S BENCH, Dale 14.
/opt) AND ANOTHIR V. TER MARQUIS Oy woofs/Tut AND °TIMIS.
This was an issue, directed by the late Master of the
Rolls, to try whether or not the will of the late John
Duke of Roxburgh, bearing date the 18th of March,
1804, disposing of certain freehold and other property,
was duly executed according to the provisions of the
Statute of Frauds.

From the evidence of Sir Coutts Trotter, it appeared
that on the evening of the 18th March, 1804, he called at
the house of the Duke of Roxburgh, in St. James's-
scisrare, to inquire after the health of his Grace he was
then shewn up stairs into the ante-room adjoining the
Duke's bedchamber, and requested to wait, in order to
witness the execution of the Duke's will, which
was then preparing by Mr. Dundas, his Grace's
legal adviser (a writer of the signet), who had arrived
from Scotland for the express purpose of making the
will in question. While waiting in the ante-room he
heard the Duke and Mr. Dundas conversing on the
subject of the will, and shortly afterwards, about mid-
night, he was called into the bed-room, where, together
with Mr. Winter, the apothecary (since dead), and a
servant of the Duke's, named Baptiste, he witnessed his
.Grace's signature of the will nEw produced. After re-
ceiving the thanks of hip Grace for attending to attest
this will, he, with the other witnesses, retired into the
ante-room, the door between which and his Grace's
bed-room WAS left open, and there, on a table which
might have been seen from his Grace's bed, they, in the
presence of Mr. Dundas, attested the execution of the
will. There was a large writing table in the ante-
room, and the witness believed the will was placed on
that table at the time of the attestation. The Duke died in
the forenoon of the following day. At the time his
Grace executed the will, he was in his perfect senses,
and any thing which might have been said is an ordi-
nary tone of voice in either room could have been heard
in the other. Evidence was then produced, that Mr.
Winter, the apothecary, is since dead ; that Baptiste was
too ill to attend the proceedings this day ; and that from
the situation of the tables in the ante-room, the attesta-
tion might have been seen by the Duke front his bed, if
he had chosen.

Mr. SCARLETT, on behalf of the plaintiffs, who were
the representativel of the devisees under the will sought
to be established, contended that the attestation in the
present instance by three witnesses, in such a situation
that they might have been seen by the testator, although
they were not actually in the same room with him, was
sufficient to satisfy the Statute of Frauds.
The SOLICITOR-GENERAL, on the part of the defend-
ants, who are the representatives of the heir at law,
maintained that the document which had been exe-
cuted in the presence of the witnesses this day pro-
duced, was merely a deed, directing, under certain
trusts, the disposal of certain sums of money and
estates to purposes therein-mentioned. There was
no evidence to shew that the attestation had taken
place in the presence of the Duke. There were three
tables, it appeared, in the ante-room, two of which
could not have been seen from the Duke's bed, and the
persons claiming under this will were bound to shew
that the forms required by the statute had been com-
plied with.

Evidence was then produced on the part of the defendants, but
it rather tended to spew that the will had been properly executed.
31r. SCAILLIPIT having been heard in reply,
The Loan Cum JUSTICE, after recapitulating the
evidence to the Jury, observed, that the question was
reduced to this single point of—whether the sub-
scribing witnesses did attest the execution of this
will in the presence of the testator ? That which
would be an attestation in the presence of the testa-
tor could not be understood to mean actually in his
sight because the testator might have been deprived
of his sight, or other circumstances might occur
to prevent his actually seeing the completion of the form
prescribed by the Statute ; but the rule which ought to
be laid down, and which he (the Lord Chief Justice)
should submit as the rule of law, was, whether or not
the witnesses attested the will in such a place that the
testator might have seen them making the attestation ?
If the Jury were of opinion that it was, then they would
find for the plaintiff; if they should be of a contrary
opinion, in point of law they should find for defendant.

The Jury retired at six o'clock, and after an absence of half an
hour, returned with a verdict for the plaintiff.
COURT OF COMMON PLEAS, Eltcassra 38.
AVTIIIII3I P. BROWN.

This was an action against the defendant, as Warden
of the Fleet Prison, for the recovery of the amount of
costs which had been incurred by the plaintiff, in con-
sequence of the escape of a person named Hazelden.—
The last mentioned person had been committed in the
month of May, 1824, to the custody of the Warden of
the Fleet Prison. The Rules were granted to him on
paying t'le usual fees, and giving satisfactory security.
The prisoner ao committed was proved to have been
found in different places without the Rules, both in
Surrey and Middlesex. On one particular occasion he
was found at Sadler's Wells Theatre. near midnight.
The defendant was informed of these facts. but the
only answer given by him was, that he was well se-
cared, and should not deprive the prisoner of his Rules.
—After the commencement of the present action, the
prisoner was locked up. He then paid the debt, and
AIMS -discharged. The object of the present action,
therefore, was, to recover the amount of the costs ne-
cessarily incurred in the prosecution of the suit.
The judgment and committal were put in and read.
The absence of the prisoner was also proved at Sadler's
Wells Theatre on the 10th of June. Some difference
appeared in the statement of the witnesses as to the hour
when the performances concluded. . . .

The Proin-pter of Sadler's Wells Theatre proved that the per-
formance was over at 11 o'clock, or thereabouts.
The Lord Chief Justice BEST told the Jury, that they
were to consider whether the prisoner had arrived within
the Rules before 12 o'clock ; for the hour of returning
within the Rules was different in this Court from that
of the King's Bench. He should endeavour to induce
his Learned Brothers to join with him in forming a
Rule which should place both Courts on the same foot-
ing. 111 disposed debtors might thus be prevented from
enj >ying all the advantages of liberty, at the same time
that they were spending in idleness that money which
properly belonged to their honest creditors.
The Jury then retired, and at about eight o'cluck returned a
verdict for the plaintiff—Damages One Shining.

CHARLES MATHEWS, with his inimitable Budget,
hat Irft town on a short excursion to Yorkshire, the scene of his
early succesi in dramatic life, under the guidance of his friend, the
late TAT' WILKINSON.

The quantity of gold exported from this country
from the Ist of January, 1825, to the 3d of November, ]826, was
1,296,643 oz. 19 dwts. The quantity of silver exported within the
same period was 9,423,473 oz. 9 dwts.

SPORTING INTELLIGENCE.

BETTING-11.001, TATTERSALL'S. Dec. 14.
Very little was done yesterday on either of the Stakes. We Call
therefore only quote the following—.

Daisy.

10 to 1 agst Tatler 20 to 1 agst Gustavus
13 to 1 agst Web 22 to 1 agst Mameluke (?aw)
14 to 1 agst F:spagnolle 22 to 1 apt Dauntless
18 lb 1 agat Catherine 25 to 1 agst Augusta
18 to 1 agst Elfrid 25 to 1 agst Dahlia
20 to 1 set Trompeter 30 to 1 art Turcoman
A Gentleman took 1000 to 20 about each of the. following, in
one bet :—Antar, Cornelius, Protestant, Cat, Lord Aiksbury's, and
Eliza Teazle.

OA ICI.

54 to 1 agst Maria 25 to i agst Scornful
12 to 1 agst Totteridge 25 to 1 agst Morel
12 to 1 apt Brown Duchess 1000 to 10 agst Fair Helen
14 to 1 agst Souvenir (taken)
18 to 1 agst Translation 9000 to 21 apt Mr. Maberly's
96 to 1 agst Lunacy (taken) Stella (taken)
1900 to 20 was taken about each of the following, in one bet:
Miriam, Souvenir, Rowena, Mirth, Scornful, Pantina, Shoveller,
Belvidera, and Mr. Wyndham's two. Another Gentleman after-
wards took 1000 to 23 about the same.
flu NTING.

H. Joliffe, Esq.'s fox-houndsneeirn Monday at Reigate Com-
mon; Thursday at Turner's Hill; and on Saturday at Charlwood
Village.
_ _

The Sanderstead barriers on Monday, Wednesday, and Saturday,
at the kennel.