Star.
London, England, 1827-02-08 00:00:00

LAW REPORT.

—wow—
LENT ASSIEF.S—Wermax Cram%
Before Mr. Justice PAIL and Mr. Justice Suasousw.
Southampton—Monday, March S, at the rude of Winchester.
Wilts—Smarday, March 10, at New Sarum.
tDorset-.
ay, ..--- In, at Dorchester.
Devon—. ednesday, 21, at the Castle of Rueter.
City and nty of Enter—Same day, at the Guildhall of the
• City of ditto.
CornwaS—Friday, March 50, at Launceston.
Somerset—Thursday, April S, at the Castle of Taunton.

COURT OF CHANCRRY, Fn. 7:
Ise IPIII,IILAYTIL OP SIR O. P. 111110214 • LUMAPIC.
Mr. Pumittssone presented a Petition on behalf of the
Committees of this unfortunate Gentleman, which
prayed, that the Court would order the Master to enquire
and state, whether it would be fit and proper that any,
and what timber should be cut, or any and what part
of the lunatic's estates to be applied to the purposes
stAted in the Petition? Those purposes principally were,
the repairs of different parts of the estates. The lunatic
had had the peculiar feeling of never allowing the tenants
to cat any timber, which had occasioned many p irts of
his estates to have got into a very dilapidated state.—
The Petition likewise prayed that the Committees bight
be at liberty to cut and apply the timber, as the Master
might report.
The Loan CHANCtLI.OII referred it to- the Master,
directing the Report to be submitted to the Court before
hatcher steps were taken.
BL.PAIWZB COLIPBS AND *ROTORS. IP IBS MATT= or KR GLOOOST
F. TOILIISIL, • LOVATIC.
Mr. WHITMARSII said, he was instructed to present
this Petition on behalf of the Solicitors who had opposed
the traverse; it was not opposed, and prayed that the
bill of costs of those Gentlemen might be referred to
the Master to be taxed, and then paid by the Committees.
His Lordship saw no reason why this Petition should be brought
en on any day but the regular ILonatic Petition Day, and therefore
ha directed k to stand over tilt then.
VICFeCHANCELLOR'S COURT, Fes. 7.
TWISTFAL O. 1111•115. UCAILOO. SISSBLTIVR. ARO BARCLAY.
Mr. &moms moved, on the part of the defendants,
for the dissolution °fan injunction which had been ob-
tained ex parte on a prevsons day, restraining the de.
fondants from disposing of certain shares in the British
Reck and Patent Salt Company, and of certain pro.
ntissory 'notes. The shares and ootes had been deposited
with the defendants as securities for the sum of 76,0001.
advanced by them to the plaintiff. The Learned Coon.
sal was proceeding to describe the circumstances under
• which the injunction had been obtained, when
' Mr. HEALD. for the plaintiff, suggested, that as all
•• parties were interested in the welfare of the Company
which had been alluded to, the case should be allowed
,• to stand over fot a few days' in the course of which it
was probable it might be settled out of doors.
Mr. Strata said he would listen to no terms but the dissolution
of.the injunction.
Mr. Mace said, that as the alildavits of tie defendants would
Gaddy the Court that the plaintiff owed these money, he feared he
must consent to the dissolution of the Injunction.
'Mr. Sussing— And with costs.
Mr. Hama said, that was never done except In a gross ease.
SIG Sorrow observed, that this was a grew ease, for the lnjunc.
tins had been obtained on the representation that there was nothing
doe to the defendants.
lEs Homo dissolved the injunction with costs.
COURT OF COMMON PLEAS, Fm. 7.
ROM OF VIZ TURF._

The LORD CRIEE JUSTICE said, that in consequence
of many abuses which had come under the observation
of the Court, their Lordships had determined to make
an order by which all prisoners who enjoyed the privi-
lege of a day rule should be compelled to return within
the rules of the prison before nine o clock in the evening.
This order was to be put in force after the expiration of
this present term.
STOMA P. EDW.

This was a motion made to set aside a warrant of
attorney on the ground of usury. The defendant was
in possession of a bill for 2,5001. which hr was anxious
to have discounted; for this purpose he applied to the
plaintiffs who was a banker at Petworth, in Sussex. The
plaintiff discounted the bill by giving his draught on
Masterman and Co. bankers in town, retaining to him-
self rather better than .16f. as commission. The defend-
ant afterwards got this draught discounted at Master.
man and Co.'s at a rate of 5 per cent. This was the
transaction which the defendant considered to be usuri-
ous, contending that the bill drawn on Masterman and
Co had been given merely as *cover to the real colour
of the transaction.
The Cause were, however, of 'Onion that there was not the
slightest mend for the charge of usury against the plaintiff, as he
had net received any benefit from the discount of the bill drawn
on Waterman and Co.—Rule discharged.
TYE wares AND CORPOILAT0:01 07 07•7701LD 11, rte t.

In this case, which has frequently been before the
Court. upon motion, and on which a rule to shew cause
had bten granted, why there should not be an arrest of
judgment or a nonsuit entered, upon the point that the
defendant having occupied land, the Corporation could
not maintain an action of auussepsit.
The Constr, in giving judgment, held that the Cor.
peraion could not maintain the action, the law inferring
from the occupation itself, a promise to pay. If a con-
tract could not be inferred, no Corporation would be
able to recover for the use and occupation. It was not
necessary to prove an express contract ; the law would
raise a mutual obligation.—Rule discharged.
COURT OF ARCHES, Fat. 7.
WIIITURATIMI I.

The Proctor for Lady Westmeath prayed the Com t
to condemn Lord Westmeath in the costs of the suit in
which sentence was given last Court day.
Dr. lama hoped that the Court would not compel the Marquis
to gay the costs incurred respecting the adultery in Ireland.
Dr. Lusuistyrow begged to state to the Court, that
although there had been a deed referred to, giving Lady
Westmeath 1,3001. pet annum, she had not received one
farthing since 1819. Her sole means of support were
her pin-money. amounting to 5001. per annum, and
3084 which fell to her on the dealt of Lord Salisbury,
subsequent to the commencement of the suit.
The Cools: directed the costs to be paid by the Marquis, except
those incurred by pleading the adultery In Ireland.
114111L111L OF POSTIMOUIII, IT MIS CODUIFITZZ 11. IMF coureass OF
TOIIIOIOOIIII.

Dr. JaNNaR stated, that this was a suit brought by
direction of the Lord Chancellor, to annul a marriage
made between the Earl of Portsmouth and Mary Ann
Hanson, falsely calling herself the Countess of Ports-
mouth. A libel was entered on the part of Lord Ports-
mouth, to which Lady Portsmouth put in an answer,
and upon having her bill of costs taxed, she applied to
the Court in the usual manner for a monition to oblige
Lord Portsmouth to pay the bill. This monition was
not complied with, and it was stated, that Mr. Fellowes
had no power over the property of Lord Portsmouth,
nor held any funds out of which the costs of Lady P.
could be paid. The usual cow sc under such sitcom-

•

'stances was to pronoince Mr. Fellowes in contempt, or'
at least to stop the proceedings until Lady P.'s costs
were paid; but the Judge of the Consistory Court hav-
ing declined to take this step. an appeal was now
male to the Arches Court, and the Learned Counsel
submitted that there were no grounds for departing
horn the general practice in this case, but that Mr. Fel-
lowes should be declared its contempt, or the proceed-
ings stopped until Lady Po-tsmonth's costs were seemed.
Dr. Denise followed oe the muse dais.
Dr. Loantricrros contra contended, that Mr. Fel-
lowes had no power to pay Lady Portsmouth's cost',
as he was appointed by the Lord Chancellor, and was
bound to apply the funds arising out of Lord Ports-
mouth's property to other purposes.- He therefore
submitted, that the best course of proceeding would be
to suffer the suit to proceed on the part of Lord Ports-
mouth, with the expectation, that during the process,
the property might yield sufficient to pay the oasts of
both parties.
Sir J. Nsonot.s pronounced for the appeal, and ordered that the
proceedinp should be suspended until Lady Portmotith's bill of
costs was paid.
Last week the road between Lewes and Brighton was
nearly stopped up in the hollows, there being alt and seven het
depth of snow.
MA RCHISI.—This singer (vulgarly called Marche-
slot), who was the most celebrated of all the Italian musicians of
his ciamolied lately at Bologna. aged U. He was a native of
Sinusoid was many years ago much more famous in London than
Vseavm recently was,
From a Petersbnrgh Paper of the Iltb, it appears
that the Bureaus, by a decree, has authorised the Countess Lamar;
mother at the Ambassador so this Cam, to receive the title of
" Has thromma,* im the Dlpimma delivered to her by the Senate,
In tonsequesse• of her elevation to the dignity of Pawns, by the
Ukase of the sad Aught last.
Imperial
streets of Southampton ate crowded with French
people, either traders for grain, or fishermen from Harem, Haute,
kD , Case, he, and the white Sag is consequently men lying
on many oeMels In that pert.
The Journal de Versailles announces, that the repre-
sented's of the theiperasi Dahsga is put of on account of the
rain/ weather.
CoL int A N-yrnltzT WARD ELECTlON.—Yesterday, a
Wardmote was held before Mr. Alderman HISTOATE,
for the election of a Common Councilman, in pursu-
ance of a precept from the Court of Aldermen, by
which the election of Mr. GRIFFITHS had been de-
clared void, he not being a householder. Mr. Pere ran
proposed MT. BARADIN, as a fit and proper person to
fill the vacant situation. The Ward had received the
benefit of his zealous services, during years, and, on
every occasion, be was able and diligent. Mr. Gases
seconded the nomination, and spoke highly of Mr.
BLRADRW'S character as an inhabitant of the Ward.
Mr. JOHNSON proposed Mr. GRIP/anti. as a Gentle-
man of ability and tespectabilitb who was now quali-
fied to serve them. Mr. Owen seconded the nomina-
tion. A poll took place, at the close of which the
numbers were t---Mr. BLRADEM 50; Mr.Gatierrns 21.
Birds, of the gull species, within the last week, have
been exceedingly plentiful in Kent, attracted to the lands
by sprats, which are used in great quantities by farmers
as manure. Flights of thousands have also daily occu•
pied the marshes in search of food. At Beacon-hill,
near Green-street, op Friday last, a curious scene took
place. Several loads of fish had been thrown down in
a heap, in consequence of the snow preventing the ope-
ration of spreading. In a short time after being der)
sited, many thousand gulls invaded, and commenced
operations upon them in right earnest, without, for a
time, being interrupted in their repast; at length, some
boys observing the havock they 'fine committing, re-
paired to the spot ; but, such was the determined spirit
of the birds, that they kept them at bay a considerable
time, by hovering over, and attacking them in the most
savage manner, until ultimately they found it necessary
to retreat.— Comity
.Chronicle.
A few evenings since, between ten and eleven o'clock,
a considerable degree of alarm was experienced by the
inhabitants of the houses in that part of Shoe-lane ad-
joining New-street-bill, in consequence of a loud ex-
plosion, followed by the shrieks of females, which ap-
peared to issue from the first floor of N 0.93, an oilshop,
in the occupation of Mr. Walpole, who at the moment
arrived at the door, having been from home; accom-
panied by some neighbours, he proceeded to the first
floor, where, enveloped in a dense smoke, and amidst
the almost suffocating effluvia of gunpowder, Mrs. W.
lay on the carpet, in a state of insensibility, and her
daughter, a girl about 13 years of age, screaming vio-
lently,with her face and arms much burnt, and begrimed
with smoke and dirt. The fire appeared to have been
forced from the stove, the mantel-piece dislodged, and
several squares of glass its the window broken. Mrs.
Walpole was taken to her aparment, and a surgeon im-
mediately sent for, she being severely scorched, and not
yet out of danger; but the daughter is not seriously in-
jured. The accident, which might have been attended
with fatal consequences, was caused by the girl, who
having, unknown to her mother, got hold of a canister
containing about an ounce of gunpowder, placed it on
the side of the grate, and amused herself by throwing
small portions into the fire, a spark from which entered
the canister, and the whole instaatly exploded; Mrs.W.
was sitting near the fire, engaged with needle-work.
ME,ANCHOLY AOOlDmiT.--Satarday, Robert David-
son, Esq. of Balnagask, met his death under very dis-
tressing circumstances. He had been in Aberdeen in
the evening. and went down to the ferry boat about
nine o'clock, for the purpose of crossing the harbour,
on the way to his own house ; but the boistersererere of
the night rendered it imprudent to cross at the time,,
and he waited at the boat house till towards eleven, in
expectation that the wind and drift would moderate,
but in vain. After this, Mr. Davidson being anxious to
get home, let the boat house, in company with his ser-
vant, for the purpose as he expressed, of crossing the
ferry, by means of a ship's boat, lying alongside one of
the London smacks, at the lower basin. Shortly alter,
cries for assistance were heard, when it was found that
both Mr. Davidson and his servant, in attempting to get
into the boat, or in some other way which cannot now
be explained, had fallen into the water, and were strug-
gling for their lives. At this time the night was dark,
stormy, and boisterous in the extreme, and there was a
heavy swell in the harbour. The cries brought assist-
ance quickly to the place, and different ropes were
thrown from the ship's side, but neither Mr. Davidson
nor his servant had been able to get hold of them, and
in a short time the cries ceased. Nearly an hour elapsed
before Mr. Davidson's body was got out; and, although
medical aid was at hand, and the usual means tried to
restore animation, they proved ineffectual; his death
having been apparently hastened by some seve:e bruises
he had received on the bead. The body cf his servant
has not been found.
A dramatic corps last week exhibited at Aston Clin-
ton, Bucks—admission to the boxes lad. pit ad. and gallery 6d.—

tbemusie 1, tabor and pipe, whom jecundiesund set the audience a
capering, the Admit, hens feeling mare amusement is their own
vagaries than in the Stiresbw Doeserwead czbibitioa.

NEWC4STLE. Ittsauarr 6.
Mr. James Graham Clarhea splend;d quadrille party
night. The
ted

toot plate et ham" w Thursday , spa-
cious rooms were beautifully Accost with various
evergreens and artificial flowers. and lighted up by
brilliant chandeliers. At ten o'clock the merry dance
commenced, led off by Mr. Clarke and Miss Liddell.
followed by a long train of beauty and distinction At
one o'clock the party sat down to supper, composed of
every.delicacy, and did not separate until a late hour.
Among the company. were Lord and Lady Ravensworth,Mbises
Liddell" T. W. Weisman, Bat M.P. Sir Charles and Mira
Monet, Mr. planet. Mr. Mrs. sad Miss Ellison. Mrs. Verse%
sad Mrs: W. Lambton, Colonel and Miss Bell, Mrs. H. 1111. Wk.
Ned Mrs. Allgood, the Mayor and Mayoress of Newmark. Nom
118.11xthe High Sheriff of Northumberland and Lady, Mr. Migo.i
Mssaarwes. Mrs. and Miss Carr. Mr. Mn sad Mlsa 1.
Mr. and Mrs. Diann, Mr. and Mrs. T. Cookson, Mrs.
lid Miss Hick, Sir W. Clarke, Captain Gardner, Mr. .1.
L. Unita, 11r. C. Blue. the Sheriff of Newcastle. Mr. rassweu
lisber, Mr.T. Gibson, Major and Mrs. Gnat, General Terrot,Mr.
111. .1. Umbrae, Ac. There were alarm* of a hundred and fifty
Aston prima.
A few nights ago. Mr. Dormont, uaderviewer at
Whitley colliery, had been paying the workmen at a
public house at the Hill•heads, when, for some cause,
a suiall deduction of wages took place.—On teturning
to his residence at Whitley, he was knocked down, and
he saw two villains retreat. He heard no more till
reaching the quarry through which his road lay, when
he was again brought to the ground, beat in a most.
unmerciful manner with some of the iron instruments
used by the quarrymen, and robbed of some silver. His
head is terribly cut and otherwise bruised. Two men
have been apprehended on suspicion.
About a fortnight ago, the master of the ship Craw-
ley, on a voyage from Shields to London, whilst at sea
took a gun and fired at a gull. The.piece unfortunately
bunt and shattered his left hand in such a dreadful
manner, that it was obliged to be amputated.