Star.
London, England, 1829-11-26 00:00:00

WILTON V. Cll/13111.1111 AND °TIMM

The knottier Gmizaat applied on behalf of the Sheriffs of
London,to set aside a judgment which had been obtained
by the laintiff for £1,650 again,' the estate and effects of the de.
fendants, the bankers. The application was made on the ground
of collusion. _ _

The Collar granted a rule a show cause.
COURT OF COMMON PLEAS, Nov. 25.
Mr. Sergeant %Vilma moved for a rule, calling upon an Attorney
to show cause why be should cot be struck off the Rolls of this
Court, for alleged misconduct. The application was founded
upon affidavit a, declaring the following facts:—ln 11114, the ap-
plicant was solicited by this Attorney, whom he had for many
years professionally employed, to procure a person to take a re-
pairing lease of ten houses, in which he (the Attorney) had an
interest. He did so; but in consequence of some Chancery
proceedings occurring, that individual threw up the concern,
when, at the earnest request and solicitation of the defendant,
the applicant was induced himself to take the lease. In 1812, it
was discovered that the lessor had no title to the houses, the de-
fendant himself holding a previous mortgage, and consequently
being the only person who could 'give a legal title. Things re-
mained in this state till last February, when this gentleman
assigned over to a third party all his right and title to this pro-
perty. That party brought an action of ejectment against the
present deponent's tenants, and ousted them, and recovered pos-
session of the houses, leaving him minus the money he had paid.
Rule granted.

aHODU V. VISSITT.
A Gentleman interested in this case addressed the Court, and
said he wished to make a few observations on the course pursued
by Mr. Serjeant Wilde in conducing this ease, when that Learned
Gentleman a few days ago made an application for a new trial.
Air. Justice Puss.—lf you wish to make a motion, you must
wait till the bar is gone through.
Applicant.—Being professionally concerned in the cause, my
Lord, I feel my reputation at stake.
Mr. Justice PAVEL—We can't bear you.
Mr. Serjeant Vl:um—This Gentleman is dissatisfied with the
discretion I thought proper to caffein, as his Counsel, in an action
tried before my Lord Chief Justice. His Lordship reserved two
points upon which he gave me liberty to move. One of these
points was, " use and occupation." Upon *best consideration I
was able to give it, I thought that it would be impossible to sustain
that point, and I therefore refrained front wasting the time of the
Court by pressing it. The Gentleman, I understand, now wishes
to complain of the discretion I so exercised.
Mr. Justice Nara said—No one can doubt, brother Wilde, but
that you exercised a sound discretion, and did perfectly right.
Alter *era fruitless attempts again to address the Court, during
which Mr. Justice Pasta told him that it could never be allowed
when parties employed Counsel, fur them to come into Court to
complain of the manner in which those Counsel had conducted
their cause, and alluding to the great inconvenience such a prece-
dent must prove, the gentleman withdrew.

whirrs v. visa nanny museum.
This was a feigned issue, to try whether William White had or
had not devised hie ;state, consisting of property to a large amount,
to the Trustees of the British Museum. The question was, whe-
ther the will was good acording to the provisions of the Sta me of
Frauds, which required that devises of land should be signed by
three witnesses, in the presence of the testator.' The Jury found
by their special verdict, that the will was in the. testator's hand-
writing, and that it wu signed in his hand ; but that the witness
did not see him sign it. To one of them the testator admitted,
that the instrument Was his will ; but the other two did not know
the nature of the paper they were testifying. It was left to the
decision of the Court, whether under thew circumstances the will
was properly witnessed.
The Court held that the provisions of the Statute had been suf-
ficiently complied with. It had long been decided that the testator
need not sign in the presence of witnesses; any acknowledgment
to them that the paper was his will was sufficient. Here it
was shown that the testator had acknowledged in tact, if not
in words, that the will was his, and therefore judgment mutt be
given for the defendant.
COURT OF EXCHEQUER, Nov. 23.
SOWARDS V. 1111"WN AND COTHRAN.

This was an sedan upon a bond for £3,600, tried at the last
Ass zes for Hereford before Mr. Baron Vauturan. The bond,
which bore date on the 12th of October, 1826,. was secured upon
an estate in the possession of the defendant Brown, which was
stated in. the bond to be an estate in tail, whereas it was proved
on the trial that it was only a life estate. The other defendants
were the sureness to the bond. The declaration contained four
counts, and there were several pleas on the record, the defendant
Brown suffered judgment to go by default, the other defendants
appeared, and the Jury tuuud a verdict for the plaintiff on
three counts of the delaration, and for the defendant on the
other count.

On a former day in the term Mr. Taunton obtained a rule,
caking on the Defendant to show c.use why a venirefaeias de nero
should not issue on that part of the verdict wh ch was for the De;
fendant, ur why au arbitrator should rig be •appoititeS to settle '
the amount of damage sustained by the Plaintiff through the breach
of the bond, as the plea on which the verdict was obtained
was bad.
3lr. WILLIAMS appeared this morning to show cause against this
rule, and was heard at considerable length. The Learned Gentle-
man contended that the surety signed the deed under the presump-
tion that the defendant Brown was possessed of the estate as stated
upon the face of the bond, and he bad a right to say that these 'as-

Gumption. must last for ever ; and cited a note appended to the
case of " Dong Sty v. Neal," 1 Sanders, page 215, in support of his

argument.
Mr. Baron Gaaaor —lf a surety says," Strike out of a bond
the fact of its being an estate in tail, and I will sign the deed ;
if you do not, I will not sign, as I do not know whether he is
possessed of an estate in tail or not"—would any man accept a bond
on these conditions?
Mr. WiLuams—Assuming Brown to be possessed in tail, a surety
may say," I will give security for the recovery of the bond ; I
think it sufficient for a surety to assume the fact stated on the
bond to be correct ;" and assuming this to be true, he may say "
have done every thing in my power to perform the condition,"
and submit that if a surety is prevented, by the falsehood of the
hand, from executing it, it is tke same thing as if be were
prevented by the obligee, on the authority of " Butler e. Wing,"
Sanders, p. 66, and several other cases. He therefore submitted
that the plea was a good plea, and that a *venire de wow could not

hue. -
Mr. Baron GARaow—Would not you avoid the expense, and
be in the same condition u if a venire should issue, and the Jury
were to assess the damages? If you were to accept the
native offered you by the rule, your question of law would still

be open.
Mr. Baron Vaveuraw—What further Lasistance could you have
by going again to a Jury ?
Mr. Vorrictaus—l am sorry I cannot make any concessions.
Mr. Serjeant Rusin r. then addressed the Court at some length
for the defendant Stevens.
The COWL; at the conclusion of Mr. Rusamt.'s address, ordered
the case to stand over fill to-morrow, to give Mr. Campeau., who
is engaged for the other defendant. an opportunity to be heard.
- -
POLICE INTELLIGENCE.
BOW.S fREET.
Yesterday a man of shabby appearance,who called himself Thomas
Thalsspson, was brought before Mr. Marls, charged on suspicion
of baying committed a burglary in the dwelling-house of Mr.
Johnsen, an ironmonger, in Greek-street, Soho.
The prisoner, it appeared, was met at ten o'clock on Tuesday
evening, in King-street, Seven Dials, by a police patrol, named
Rich, carrying a large package on his shouldets. Rich sus-
pected that be was conveying away stolen property, and fol-
lowed him to Short's Gardens, Drury-lane, and there, with the
nastiness of another officer, took him into custody, and found
the package to contain patent brass hinges, and other property,
to the amount of about thirty pounds in value. The prisoner re-
fused to state where he got the property, and was conveyed is the
watch-house. The officer went to the manufacturer in illackfri-
ars-road, from whom be ascertained that the goods found upon the
prisoner bad been sold by him to Mr. Johnson, in Greek-street.
An enquiry was of course immediately made at Mr. Johnson's, and
it was found that his premises had been broken into between eight
and ten o'clock on the same evening, and plundered of fifty pounds
worth of property, of which the articles found upon the prisoner
formed a part.
The prisoner in answer to the charge, said he picked up the
package in a court in the Seven Dials.—e was remanded.
A tall athletic Irishman of the name of John Harland, residing
in Vero-street. was taken into custody yesterday morning at eleven
o'clock, by one of the new police, for riotous conduct, anti threaten-
ing vengeance on every person be came in contact with. He had
broken tables, chairs, cups and saucers, and every thing in the room.
—He was tined 225. in default of which he was locked up.
Several lois fellows were taken into custody in Covent-garden
yesterday morning by the new police for throwing snow-balls at
each other, to the great annoyance of the public, and were brought
heroic the Magistrate, who said that that system would be for the
future completely put down; and they were locked up till they
could procure bail.
MARLBOROUGH-STREET.

Yesterday two young fellows of rather decent appearance,
who gave their names, John Jones and Robert Fos, were brought
before Mr. DYER, the Sitting Magistrate, charged with the fol-
lowing audacious robbery, at the shop . Mr. Smith, a hatter in
Compton-street, Soho-square.
It appeared that the prisoners were observed by a person
who was sitting at the window of one of the houses on
the opposite side of the street, looking about Mr. Smith's shop,
passing the door repeatedly, and eyeing very significantly the
stand of hats that were placed at the door for sale, and at
last both prisoners. having " screwed their courage to the sticking
place," walked up very deliberately to the door, where they sup-
posed they were unperceived, and each taking a new hat from the
stand, walked off with it, in different directions ; the person oppo-
site, however, who watched all their movements, gave an instant
alarm, and the prisoners being pursued, they were taken before
they got well out of the street by some of the new police.
The prisoners, who although caught in the fact and taken with
the property upon them, said that indeed they picked up the hats in
the street; but they were sent to ma that story to a Jury : •the
Magistrate fully committed them for trial.
WORSHIP-STREET.
Jficheel Gander, handsomely dressed in a new salt of black,
was yesterday brought up by officers Armstrong and Waters
(who bad just before apprehended him at Bishopsgate church)
on a charge of robbing Mrs. M'Cauley, of No. 4, Weymouth-
terrace. The prosecutrix stated that the_ prisoner had lodged
in -her house for some weeks past, but on Wednesday last he
disappeared, and with him a small box, containing a diamond
and topaz ring, a mourning ring, and other articles of jewellery,
and a quantity of plate, consisting of table, tea, and gravy
spoons. On the day mentioned, the prisoner sent the servant out
of the room where the property was kept, to get some article from
his apartment, and upon her return he was gone, and the box was
missed. It was ascertained that the banns for his marriage had
been published at Bishopagate Church ; just as the ceremony was
about to commence, the officers took him into custody. The in-
tended bride mournfully followed her lover from the altar to the
bar of the Police Office. A female neighbour stated, that she saw
the prisoner leave the house of the prosecut la with a small box.
The prisoner was remanded.
Mr. Beam congratulated her upon her escape from such an
union.—The prisoner was conveyed to Clerkenwell Prison.
TOWN HALL.
A well.dresaed young woman was charged with robbing her
ready-furnished lodgings. The case, bad in itself, was deeper
stained by the basest ingratitude, the prisoner having been taken in
and cherished when the canopy of Heaven was her only shelter;
and no sooner was she warmed again into comparative existence,
than like the viper, she turned upon her benefactors, stripped the
bed she was afforded, and pledged the coverings. The case being
proved, Mr. Alderman J. J. Satteia, said it was a most mistaken
notion entertained, that the law could not reach them, if the pro-
perty abstracted was redeemed. They were liable to transportation ;
and, without prejudging the case, it was his duty to commit her on
the evidence for trial.
COMPARATIVE VIEW or EXPENSES IN VARIOUS
Pawn or sea CONT/lIIINT.—A French franc, u• %idly worth about
ten-pence, will go as far in France as does a shilling in England;
a Tuscan paul, usually worth about bvepence-balfpenny, will go
as far in Tuscany as does a franc in France; a Roman paul.usually
worth about fivepence, will go as far in the Ecclesiastical territo-
ries as a Tuscan pant in Tuscany ; and a carlino of the kingdom of
Naples, usually worth about fourpence, will go as far in the Nea-
politan dominions as a Roman paul at Rome.—Siarke's Directions
for Traleiters.

COURSE OF EEC
Amsterdam ...12 •8 C.F.
Ditto at sight ...12 5
Rotterdam 2 U 12 8
Antwerp ...12 8
Hambtargh to U 14 1
Altona 24 U 14 1*
Parist3day'ssight 25 93
Ditto • ...2 U 26 15
Madrid
Cadiz
Barcelona ..36
Bilboa

lANGE, Nov. 25.
Seville .. ...36
Gibraltar... .. 47ê
Leghorn ... ... 471
Genoa ... ... 25 95

Venice ... ...47i
Malta ..... 481
Naples ..... 391
Palermo .. 119 d pet cos
Lisbon ... .. 43

Rio Janeiro .. 241
Dublin ...

.. .. 1;

MARRIED.
At Gibraltar, Catherine Eustace, only daughter of Alexander
Farquhar, Esq. merchant, to Captain John Macdonald, of Ari.
sag, Invernessatire, Paymaster in his M.j•sty's Regiment of
Royal Welsh Fusileers.

DIKD.•
At Briley Cottage. Chaßock, Kent, Lydia Cowper, eldest
daughter of the late COlosel Cowper, of the Bombay Engineers.
At his apartment in Chelsea Ilospitil, John Eden Leeds, Esq.
late deputy surgeon of that Establishment.
In Burton—treer, Burter..crement, Frances, youngest daughter
of the late Bev. S. D. Myers, A. M. vicar, of Nlitcham, Surrey.
At Aldborough, Suffolk. aged 95, Mrs. Elizabeth Dyball. Thin
old lady retained her faculties nearly to the last, and so good was
her.eye-slght, that she could thread a needle within the last year
of her life without any assistance. She has had twelve cMldren,
of whom two only are alive ; 48 grand-children, of whom
52 are alive; one hundred and twenty-four great grand•chiliben,
of Iluitn one hundred ind eight are living ; and five great great
grata-children also in a:faience , making a progeny of one hundred
and eighty-nine persons. She was a widow 44 years.

H de- ATEtt at LONDON BRIM TO Mint 111" i
Morning 15 minute. otter 2
A4ertioon 33 minutes atter 2

Losnon Printed and Publinked by jump winos. 1‘ roe SIAM.
Orrice No.I. Picket place.Tenyie Kir.