Star.
London, England, 1827-05-01 00:00:00

LITENATVILL
-aeutrad
The Military Sketch-Book. 'Atlidskew. cf &glottal
Years in the Service Abroad mad it Hews. By an
Officer of the Lire. 2 vols. hews. Coulon*.
This Shack-Book is the production of an Official in
the Line, and a hearty, well-meaning. chive' and
worthyfellow, he is tbo. He can crack a jokei'nitrate'
a tale, fire off a volley of pkasaat pans.—is seldOm
tedious, and always amusing. He Biel front s. gyve,
to gay, front lively ti severe:" and from all his subjects
the reader may glean both information and useful
knowledge. The opening sketch, entitled The first
Week in the Service, is tersely written, and from the
following extract, an idea may be formed of our au-
thor's lively powers of description :
Never shall I forget the delightful sensations my mind atm.
limed on reading in :he long-expected Gauge, the announcement
of my Ira militant appointment. I was in London at the time,
and had been reeding three weeks at OW likaglelas'a Case-house, in
-St. Meedeassie, deferring from Tuesday till Saturday, end from
Saturday till Tuesday, the fulfilment of my mother's strict injtma
clear, M tonseeistigings and assenaaaikaliy," when one evening the
waiter handed to me, damp from the pros, the °Sad skeet which
was to teatimte all my analety. There I was in print,—via dad*
prim: and that, too, in the Oasette—by the KW& fend
Authority !
There are natty youths, who, in such a situation, would. Sem
the ecstatic impulse of their feelings, have upset the tablet se lave
flung the decanter et the waiter's heed ; or, perhaps. have snatched
the wit off the heal ot any respectable Haldeman who aaib in. have
hilipeneti to he sitting within reach ; but I acted differently. Had
khan an ordinary aquae, of gladness. I Amid. DO doubts have
poured forth n.y ebullition of pleasant feeling on tables. dreamers,
welters; and wigs of elderly Gentlemen; but this was be everyday
sensatiene—no flash in the pan : it was, • trbialif mesecaden, the
iambi eterbak daseledall my seusesond marvellously heightened
my Ideas ofedlosposunce. The auditory organs of the Waterloo
hero thrilled net more at the first announcement et his Ormee
paktum, than ohm, as my dM pronounced the
my OM* wearied hePee—es Sesigney. I was man limn '
Imentlisaas lieg, mere than as Ilamerer : I was a less ono..
In idea, Imes ;heady a Cassino' Caked, a General! I gave iha
tans to my endsmiutic inngimallest,ead mould not. I believe, handl
Michmettel my anananden for a coronet.
Ila stastly Image& ny bodym an ammo angle with my MOW
outranitise, by plashes the knee lengitediady en the mad the
beset tibia I ha& plemi myself, and. elevating ety sbirt agar an
a plead Sae wick my Mee, eederd the waiter toping IMO s II
of claret. Foi the ball hoar I was engaged in deinadeak..lesw;
Mused gene a tiseGaitette, to the ne ansallaserdcagend iillllll
ISSIPAY Oedemas who were welting kr a den of it. Seal I
rod, owl all I could reads was Ate—, 5•••••••• Sala
ibuips, ace Thasparallillat is actin "
Ous author then informs ns that he was an over-
grown and somewhat precarious lad of nineteen, sad
duo after finishing his bottle, and tolerably satisfying
himself with reading over and over again the tends
of his appointment, in a semi-audible tone, he sallied
forth in quest of a military-tailor I He then observes'

Of mune. I soon found one. My first few peas in the *rend
brought me in (root of a shop window, what' which war profusely
&played braided costs, epaulettes, sword-knots, and brass heel-
mists. I mold no more bays road it, without awing. than could
the masa of the desert a clear sod gushing spring without apples
Me nostrils into h Although particularly directed, both by my
Ember and soother, to order my regimentals from our fondly tailor,
I buntediaely proceeded to the man of measursoorbo, at Ant,
eyed me Ina wins, tooth.gicking sort away; bet whoa he leerned
the name and purport et my .isle, be became the most polka and
amplassot of tailors.
" Ida as Budge in the army." said I, and I mast a snit of
miform for the regiment of the line."
" Thank you. fisreas." replied he, bowleg and Urals& " I
ma much obliged to you. Corsa. far the order I sod I can moire
rm. Olga* that I can furnish you with every ardele of regintentaise
of a soissier quality, and at the shortest nodee.—Chrobt."
Although I was somewhat disgusted at the La appearance of in.
attention discovered by the tailor to a man of my rank Vet I thought
any body could sea I was an 011iter in the army, even through my
son!bionst coati) yet his mobocrat politeness. and CM ohearsiess-
mese, rhea to my anxiety to pot on reginsentais for the Ant time
oboes all. his &Ming me " Captain; at once determinmi
me to order my apriaments from him. I own sondoded the
badness; my rogbastels. complete. were to be ready and on my
able at twelve o'clock the following day. Scarlet coseswilli swallow
tail, yellow facings, white peataloona, silver late epaulette, sword,
wirord-bast, mmed.helt, and aib except hat. feather, and boots. Bet
Ale rasa purposes, what was to be daft ? I felt that I ought to
has amostbing fur that evening to diatioguish my rank. A fine
braided military (reck was hong up at the tailor's door, ea which I
seized, and forthwith jumped into it.

" D.t zoo moist yon, 4ann," said the tam. " Them—what a
fit! It was toads far Caked biortisust, of do Dragons& Lit
me baton it up to tit neck Captain. Uw—may I newt est a
coat, bet it is a superb wick, Captain; and as Asap as twelve
pounds, as my abeam far a pony."

There was no leekintglass in the shop, and therefore I could not
PisidullY be certain as %tie truth of what Soils asserted with to
peed se the " It. I mist otafess, however, that I suspected a
wrinkle er two mess the shoulders, and the waist was not quite so
sight as I coold have wished ; but then this coat was the col/ ow
is the shop; and, as it Tao too late to look for another, I resolved
to keep it..; fir, to have given up that night's exhibit* of my
military Importance in the throng at the West end of thO towil.weuld
have been an act of self.denial, snore becoming y member of tie
Abbey of La Vappe, than an Fade ef one of his Majesty's regi.
meats of the line. Accordingly, I paid the twelve pounds, which
produced a double volley of complimentary " Captains" from the
sailer, and having been again assured that my regimentals should be
peoemally sent home next day, I departed.
whether it arose from the hurry in which I was to launch my
fret military coat among the loungers that swelled the pauages about
Likestenequare, Piccadilly, Bond-street, and St. James's. or
whether it was frogs a Imhof knowledge of the etiquette of military
eastunie, I do not now recollect ; but certain it is, that I quite over.
looted the necessity of providing for the nether portion of my person
articles address corresponding with those which desolated my upper
half. When I think of the figure I must have cut, I blush, even to
this hour. Yet I know not why I should blush. lam now about
seventeen years older, and my video thews me every thing with a
far different aspect from what It wore at nineteen. Yet happiness
has not Increased with years • and objects, although now more per-
fect to my sight, have lost their former delightful colouring. Per-
haps it may be hetet that eyes thus change their power, sod that
boys are neither philosophers net men of the week!; if hey wern
where would be the enviable sweetness of boybeod—that freshness
of life, which makes youth laugh at futurity, and which the wisest
sage cannot retrospectively cootemplate without e sigh?

Oar limits will allow us to borrow no more, or we
should be tempted to give another and more copious
extract from the Recollections of the Last Caimpoiga is
Paansuk, which ate recorded in the second volume.
As it is, we close these attractive sketches, well assure)
that thtiy will rack. much interest, be read with deep
interest, and amply repay the reader for the time he
bestows upon their pages. The walk is slsn beautifully.
pristed,..and the respected Publisher deserves praise Ito
the neat manner in which the work has been got up.

• .

LAW

VICE

LLOWS COURT, Lewis.
MO CC V. MAVDSLIT.
The VICIII•CHANCSLLOBL gave judgment in this eus.
His Honour observed that the question at issue am,*
to be whether the testatrix in willing certain
to her husband, devised her real estate by u
words in her will, a all that I may die possesse of
the time of my death?" His Honour commented on the
authorities cited by counsel on each side, and then °b-
rayed, that the words of the testatrix ought to be suit
...lents° pass the real estate, if k appeared that the inten-
tion of the testatrix to devise her teal estate to her hes-
dand was manifest by the general tendency of the will.
It did'not appear, however, by a perusal of the
th.g. any such intention existed ; and his Honour, there.l
tare, was bound to decide that the testatrix did not in-
umd to devise any property to her husband, except her
personal estate.

411.1011 V. LEIGH.

Mr.3uumstr, in obedience to his Honour's intimation,
mentioned that this case had been argued, and now
waited for his Honour's decision.

The VICIC-CHANCEIZOR—L have not forgotten the
ease. Mr. Sugden.
Mr. Suopau—l have taken the liberty to remind
your Honotir of the case, from what you were pleased
to intimate the other morning.
• The Vlco.Citummu.t.ea observed, that Mr. Sugden
had acted quite right, and his Honour soon after ob-
served, that the Roils Court was not now sitting. and
he should therefore preside in this Court until his atm&
awe was required elsewhere. The patents for the new
appointments could not be made out in sufficient time,
i
and it was therefore thooght better that all the Judges I
should take their seats on Wednesday at the same time.

1111411.. LIDAY O. ACTOI4
When this cask ires called upon, Mr. Suonag said, i
that in conseqoence of the LearneGentleman who ap-
peared for the other side (Mr. Hart) having been ap-
pointed to succeed his Honour in this Court, the parties
in the cause were very unpleasantly situated, and, in
fact, did not know how to act.
The Vics•Ciescsimoa observed, that under those
circumstances, the matter had better be mentioned to
him in the Rolls Court. His Honour subsequently
mentioned that any causes which he had partly heard,
and which the. parties wished him to decide, should be
placed in the paper to-morrow morning before the
bankrupt petitions. Several cases were accordingly
set down.

Mr. WAtmen'having applied to the Court on an en,
parts statement, to restrain a person from building a
house on Pinchley Common,
The Vita-Caneesuoa, after refusing the applica-
tion, again observed, that them appeared to be a strange
mistake amongst the Members of the Bar with respect
to injunctions. Applications of this were had latterly
become so general, that the opinion seemed to prevail
that this Court bad power to restrain wrong, no mattes
of what description. A Court of Equity, however,l
bad no such power, nor was it fitting that it should. ft
was only in cases where wrong would be irreparable
that this Court had jurisdiction.
Mr. FIONILANQUIt and Mr. HORS'S bath said, that,
their opinions with respect to injunctions were similar
to that which his Honour had expressed.
His HONOUR rose at three o'clock, ind will sit in this
Court for the last time to-asorrow (this day).

COURT OF KING'S BENCH. Amu. So:
INTIM MOORS, !SQ. AND OTHERS. W. HAMMOND.
' This Action was brought to recnver 1004 being the
amount of twenty calls. at 51. per Xall, on the •de.
fondant's • shares in the Devonshire sad Cornwall
Mining Company.
Mr. Casrnaz.r. stated, that the Company were go.
vetoed by the regulations contained in their settlement
deed, executed by the defendant, which, after reciting
that a capital should be formed of 500,0001. in 10,0001
shares of 501. each, and that 51. on each share had been,
paid into the bankers hands, contained several provi-1
noes, empowering the Directors to make calls for further
instalments. The plaintiffs were tl:e Directors of this,
Company, and bad, under the deed, called for a further
instalment of .5/. on each share. This demand the de-,
fondant did not think fit to comply with : in consequeace
of which, he was sped on his covenant; and in answer)
to the action be bad pleaded several.pleas, which alto.'
gether created a host of special pleadings almost un-,
paralleled. The most important pleas were, that he'
had not executed the dad; that no such meetings were
held in conformity with the provisions of the deed as
would enable the Directors to make the call, and that
various misrepresentations were made to induce him to,

execute. The solicitor to this Company was Mr. Wilks,
the Member for Sudbury, who was and is still a Mem-
ber of the House of Commons. and therefore I must
suppose that Gentleman free from having made any
misrepresentations; but the question is not whether he
was or was not guilt' of fraud, but whether the plain-
tiff's and all of them were privy to the misrepresentations,
if there were any, and whether by means of them
the defendant was induced to execute the deed?—
' Some of the plaintiffs are above all suspicion. I shall.
hold my friends to strict proofs (*their pleas, and I think'
it will appear-that none of them were guilty, and lam
sure mane of them werenot ; but it is quite clear that
the defendant was not induced by any misrepresenta-1
tions to execute the deed. He was a shareholder in'
May, 1825. In July there was a call of 10 per cent.
with which he was dissatisfied, and signed a requisition
for a meeting to consider of the propriety of paying the
instalment, or whether it would not rather be for the inte-
rest of the shareholders that the Comp'any shoulz be dis-
solved; and in the following August, after having taken
time to consider, he not only comes to the Company's
office and executes the deed, but also recommends his
friend to execute it; and after all this deliberation be
now says he is not bound by it. Mr. Hammond is an
acute stockbroker; his object was probably to sell the
shares at a premium, and it is by bad luck that he has
not got rid of them. All justice and equity, and,
trust, all law, is in favour of this action.

Thomas Curry, Secretary to the Company; proved
she defendant's handwriting so a requisition dated the
28th of July, 1825, for the meeting of the Company.—
In August the defendant came to the Company's office,
and said be bad made inquiries, and altered his opinion,
for the mines were more deser►ing notice than he first
thought. He would execute the deed, and persuade
his friends to do so : and he did emote.

The deed was then put in. It was dated July 6,1856,
and was a deed if covenant between the shareholders
and Peter Moore, Samuel Barrett, the Honourable
Richard Bingham and William Aston. Several of the
clauses in the deed, which were very long. were read:
Mr. Thomas Curry then produced the rough minutes,

111:9

,111:1
• :2. .- !-. A • A . • ~• • -
• - a. Diss44 iiie 14th of Se,
lbr .Sir m Kay, ontof the Dir.
• . uses Esker succeeded Menu. Wilk. and
• ' Bettor to the Company in last July, and wis
pieleat at the Meeting of the 14th of September last, at
thet,roompany's Office in Lombard-suees. Three Disc.
'ton, Sir William Kay, Mr. Aston, and Mr. Teague,
were present. The rough minute contains a true ero
count of the proceedings.
Cresrezamined by the ATTOSSILY-GENZRAL (Mr.
Scarlett)..R.The meeting in September was not a spe-
cial, but a weekly meeting. 'lle last weekly meeting
before that was held on the 18th of August, 1826.-...
There had been no adjournment. Sir William K.
had tendered his resign'ation- en the 15th of May,llSK
by a letter stating, that he had disposed of all his
shares, and was thereby disqualified to continue a Di-
rector; but the Board resolved that he was not disquali-
fied until his shares were transferred, and that no share
could be transferred pending a tall until the call was
paid. In consequence his Shares were not transferred,
and he was summoned, and attended afterwards as
wind us a Director. There had been then a call made
by the Committee of Managers, which was afterwards
rescinded. The weekly meetings were regularly sum-
moned, bet on many weeks no Directors or not a sup•
cient number attended... A special meeting required
notice;, there was no notice for this meeting.
The deed we, again referred to, and it appeared
there were Seventeen Directors besides the Chairman
and Deputy Chairman, and that they were to have
weekly meetings.; and there was a power for them, on
giving previous notice, to meet specially.
The ATTORNXT-GESSIAL contended that the meeting
of the 14th September was ull and void, because Sir
William Kay had ceased to be a Director, and without
hint the necessary number of Directors were not present;
and also because it was not a weekly meeting, •
meetings having been discontinued by the non-attend-
Nice of the Directors, and this not having been an ad-
beurnment from a former weekly meeting, nor could it
a special meeting, no notice having been given of it.
Any call, therefore, made, or other act done at this
meeting, was null and void, and could not be received.
Mr. CAMPAILL and Mr. BIOUGHAM argued, that the
provisions in the settlement deed foe regulating tbe
meetings were not so absolute and dictatory as that a
deviation from them would. avoid all the prec
done at an informal meeting ; and endeavoured it
the inconveniences that would result from a coolish/
doctrine.

Lord Testannalt—lt was not a regular weekly
meeting nor a special meeting; and was not, therefore,
a meetstig contemplated by the deed. The objection
must prevail.
Mr. Casansir.—Will your Lordship save the point?
The ezistence of the Society depends upon it.
Lord TenTeanair—Wittre I doubt, I am always
willing to reserve points; but when I entertain a clear
and decided opinion, it is a duty I owe to other suitors,
who are waiting fot their trials, to stop the cause. It
is of great importance to place the management of a
larga body in a small number, regulating their conduct
by the provisions of the settlement•deed ; but then it is
necessary that the deed should be observed, and the
meetings held according to its directions; and this is
clearly not• a meeting within the provisions of the deed.
The plaintiffs must be called.

TUX VINO P. MITI' AND ANOTIMIIt.

This was an indictment against the defendants to
abate an allgsg nuisance, being an offensive smell occa-
sioned by molting taw in preasiees which they occupy,
in Elm-street, Gray's Ini-laus.
The Anuaarr-Gzirram., Mr. Goalies, sad Mr. J.
DOWLING, were Counsel for the prosecntioo ; the Cou-
awn Semen= and Mr. PLasr for the defendants.
The nuisance, according to the indictment, bad existed
from the month of July to October in the last year.—
Tbirteen witnesses for the prosecution, some living near
the premises of the defendants, and one as far off as
John-street, Bedford-row, described the smell perceived
by themselves as being extremely offensive. Some said
they were unable to keep their windows open when air
was desired, and all considered it a nuisance.
The evidence for the defendants, consisting of che-
mists and theoretical men, proved that the premises
were so constructed that no bad odour could escape.--
The steam or effluvia from the boiler was carried off by
a tube, and consumed in the furnace, according to Mr.
M. Angelo Taylor's plan. A great number of witnesses
living on the spot, stated that they had not perceived
any bad smell, sad the Jury, under all the circom;
stances, found the defendants--,Woo
ARCHES' COURT. Aran. so.
This being the first day of Easter Term for the Ec.
clesiastical and Maritime Courts, Sir JOHN NICROLL,
Dean of the Arches, attended by the Advocates and
Proctors, opened the Court (after prayers) in the cus-
tomary form. After some routine business the Court
adjourned, and the Dean proceeded, in the usual man-
ner, to Bow Church, eo hold a Court of Peculiars.
Sir Joan NicuoLt gave notice, that be bad prepared
a set of rules, as he had intimated last term his inters.
Lion of doing, for the purpose of expediting the business
of the Ecclesiastical Courts, which he should direct to
be entered in the books of the Court, and which were
to regulate its future proceeffligs. If these rules were
found beneficial I. practice, some further orders of the
same kind would probably be made. The whole would be
conformable to the spirit of the rules adopted in former
terms, or such as were required by circumstances arising
from the changes in times, and from the influx of busi-
ness occasioned by the increase of wealth and property.
The rules were then read by the Registrat : they are
five in number, and merely relate to the technical pro-
ceedings of the Court, some of the stages of which are
limited to shorter periods than formerly.

SURREY SESSIONS. Aran N.

These Sessions commenced yesterday pursuant to
adjournment, before It. Hannan, Esq. and a full Bench
of Magistrates. The calendar was very light, and the
Cuatessan congratulated the Grand Jury on the cir-

Jane ifilliams was sentenced to three months' int*
prisonment and bard labour in •Briatoa House of Cor-
rection, charged with haring robbed her master, Henry
Hobbs, Esq. of Clapham li,ye, Surrey.
Several petty cases were entered, and the Court at
five o'clock adjourned till to-morrow.

Bum= op Dustrams.—.lnfeftment was on Monday
se'nnight given on a royal charter in favour of the Ma.
gistrates of Dumfries, confirmatory of all their former
rights, privileges, and corporate immunities, the records
of many of which had been lost or destroyed in 1715
and 1745, sad other troublesome times. Menem grant
also confers ow the teals right,olgaildry. of which it
Was not formerly pchsessed..—Dunifriet Courier.