Star.
London, England, 1821-11-12 00:00:00

SLAW thELL7GA.Na.

bOlniT OF CIIANCERY, NOVEMBER id.
°MIK O. THE BISHOP O Noewtcw.
This morning the LORD CHANCELLOR proceeded
with his observations on this important case. After
referring to the opinions of Lords Loughborough, Al.
vanley, and Rosslyn, delivered upon, the same sub-
ject, he declared that he was of opinion, that only
male descendants, through a male line, could take
under the will of Mr. Thelluson. He would

Tingly have been spared the necessity of discharging
his duty with respect to the present cause, which he
considered the most important he ever had to de-
cide. Under the influence of this feeling, he was de•
termined that the cause should have the benefit of an

appeal to the House of Lords, where questions might
be asked which could not be propo.ed in that Court.
He knew that some persons said, that an appeal
from the Court of Chancery to the House of Lords,
where the Chancellor presided, was a mere farce,—
These persons, doubtless, had great confidence in
their own judgment and experience. He was now
approaching that period when his natural existence
would be brought to a close, and he would confess,
that during his judicial life his mind had frequently
been hamperei with doubts in cases in which men of
stronger minds would perhaps have entertained no
doubts at all. But at least he might say, that suitors
who submitted anything to his consideration, either
in that Court or elsewhere, submitted it to the consi.
deration of one who held consistency in error to be a
great disgrace, and whose fiat wish was to be enabled
to act rightly, after the fullest inquiry and considera-
tion. He could, therefore, assure the parties in the
present cause, that when the appeal should come be-
fore the House of Lords, it would obtain his most
anxious and dispassionate consideration.
By this decision, his Lordship has overthrown the
claim of the plaintiff Oddie, who is a descendant of
the testator through a female line.
VICE-CHANCELLOR'S COURT, NOVEMBER 104
Tilt Kam. Or BHAWTESBURY V. THE DUKE OW
MARLBOROUGH.
Mr. SHADWELL said there were two petitions in
this case : one, which was from Lord Churchill,
prayed that it might be referred to the Master, to
take an account of the expenses which he (Lord
Churchill) had incurred by repairing Blenheim House,
in conformity with the direction contained in the Will
of the late Duke.

The Vice-CftwectLtoft asked what were the terms
of the direction in the Will?
Mr. SIDZEOTHAU read an extract from the Will,
which empowered certain persons therein named to
expend a sum not exceeding £lO,OOO in repairs upon
Blenheim-House, which sum was to be derived from

the residuary estates.
Mr. SHADWELL observed, that if the petitioner had
laid out any money in repairs,of course it must be paid
to him. The best course to pursue would be, to leave the
Master to report what money Lord Churchill had ex-
pended on repairs, and then the Court might make
an order for his reimbursement. The Court at pre-
sent was not authorised to direct any payment.—The
order was then drawn up in the manner suggested.
Mr. SIDEBoTHAM said, the second petition was
filed by Mr. Blackstone, under the circumstances he
would state. Some time since, the heir-looms at
Blenheim House were seized for taxes, which were
partly assessed taxes and partly taxes on the Duke's
personal property. The Court had directed the Mas-
ter to inquire whether the seizure of the heir-looms'
under those circumstances was legal, and the Master
hail reported that it was, but stated that a fund for
the payment of the taxes might be found in the sur,
plus rents. It appeared, however, that there were no
surplus rents, and therefore, if by the assistance of
the Court the money for the payment of the taxes
could not be raised, the ancient heir-looms of the fa-
mily would be sold and dispersed for ever. Mr. Black-
stone then prayed that the Court would direct the taxes
to be paid out of the rents in the hands of the receiver.
The VICE-CHANCELLOR said the rents in the hands
of the receiver were the fund of the creditors of the
late Duke, and he therefore could not touch them.
He should have no difficulty in granting the order
if the rents were derived from copyhold instead of
freehold estates.
Mr. RAT stated, that the Duke was entitled to
more than £6OO (the amount of the taxes) from copy-
hold estates.
His Hamm said that information relieved him
from all difficulty, and he granted an order for the
payment of the taxes out of the produce of the Duke's
copy hold estates.
Mr. RAY said he had a motion of course to make,
It was, that the defendant in this cause might be
permitted to put in an answer to the plaintiff's amended
bill, which was very different from his original bill.
The VICE-CHANCELLOR asked whether it was ne-
cessary to obtain the permission of the Court to put
in an answer ?
Mr. RAY replied, that he understood that he had
not put it in in time, and therefore it was now neces-
sary to obtain the license of the Court.
Mr. Minims, for the plaintiff, said he was sur-
prised to hear Mr: Ray call his motion a motion of
course. It was the first time, he believed, such an
application was ever made to the Court. The prac-
tice of the Court was, that if a defendant did not put
in an answer to an amended bill within eight days,
be should not be allowed to put it in at all. The
amended bill was filed on the 9th of June, and the
defendant now for the first time applied to put in his
answer without giving any special reasons for bis delay.
The VICE-CHANCELLOR said, that he could grant
the motion only upon some special cause being sbewn
by affidavit. If Mr. Ray would prepare an affidavit
by Friday next, he might mention it on that day.

Coati EICILUMB, MAIM-LAPS, Nov. 14.—Our market cond.
cues very abundantly supplied with Wheat, having a good sup.
ply fresh in this morning, and a considerable quantity left over
from last week's artivals ; yet prime samples obtained the same
prices as on this day se'nnight, but there was little or no demand
for the damp and inferior samples, although offered at an abate.
I went cf its. per quarter. Fine bright Malting Barley supports
last week's prices, but all other sorts were duU sale and rather
cheaper. The Oat trade was heavy, at a decline of ls. per guar.
ter; and new runs are also full is. per quarter lower.
Survermui Mauna:, Nov. tn.—There was a very great sue.
ply of all desaiptlous of cattle at market this morning, in con-
sequence of which prices have lowered. Hay, Straw, and Clover
as per bd.—currency as under
Beef, 25. gd, to Ss. ed. per stone of Illbi.; Mutton, Ss. ed.
to Is. dd. Veal, Ss. Od. to Os. 10d, Pork, Ss. pd. to 46.314
Cattle at Market t Beasts, $930; Calves, gen; Sheep and 'Andy,
20,750; rigs, 200.... Hay and Straw per load, Hay. Si. lOg. le
% PM: 14 CI, to 34 Oh &awl 21.134. to 11. Ilej

.h,