Star.
London, England, 1816-12-17 00:00:00

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LAW INTALLIGIiNCE.

' COURT QF CHANCERY. DECEMBER K.
• • CLANDES MPaRRIAGE.
RAWILY SANELY.
Sir ARTHUR, PIGGOTT this day-stated, this was the
Petition or . Mrs. Basely, praying that Mr. Scruton,
her guardian, should be ordered to pay her £llOOO
for her present maintenance. The Petition set forth,
that, after his Lordship on a similar Petition had
granted her £5OO, si.e had bee. me the mother of a
son, 'now eight months old, and that she is again in
a state 'of pregnancy ; th.t she is in great pecuniary
distress, and unless his L,lrchhip gtanted her relief,
she would with. her infant chill be reduced to as state
of starvation.
The Limn CtrAtecau.oa.—" I will speak with the
Master before I dispose of this Petition. I cannot
allow the authorities of this Court to be trifled with.
6;he might be in receipt of the whole of her dividends,
if she hid executed The deed of settlement."
Mr. HoRNE-441Slie.assigos as the reason she has
not done it, the confinement of her husband in the
Fleet Prison by. the order of the Court."
The Loao CHANCELLOR--:" Let her present a pro-
per Petition, but not state that her husband'4 impri-
sonment prevents her from executing the settlement;
for if he executes it, there is an end of every privation."
Sir ARTHUR PIOGoTT-44 I doubt whether Mrs.
Basely's executing. the settlement mould be binding,
as she is a minor and a married woman."
The LORD CHANCELLOR-..",She is a ward of this
Court, and any tiring she does with its sanction will
be binding. 1 thinly I shall require an affidavit from
both Mr. and Mrs. Basely, before I make any. order.
I will, however, inform you, if L see it is necessary."
Further consideration postponed.
?46DONALD o. PAIDONALD.
The facts in this
,case are shortly these :—The
Plaintiff is a minor, and only son of the deceased
John McDonald, Esq. merchant in London, by a
former marriage, and now resides with the DefenH
dant, his step-mother, in Scotland. By desire of her
husband, she was appointed sole administratrix of his
effects for the benefit of his son ; but that desire was
never formally expressed, be having died intestate.—
She, however, was now administratrix, and discharg-
ed that duty with credit to herself and fidelity to the
deceased's son. She lately attempted to transfer the
sum of drllso, Five per Cents. from the Bank of
England to Scotland, intending there to vest them in
heritable property, the son chusing to remain in that
country, and it being the wish of his father be should
be placed an apprentice there to some business.' She
was, however, prevented by an injunction from the
Court, who considered, that though the funds might
be very well managed in Scotland, as she would be
under the controul of the Court of Session, yet. as
the father died in England, the infant was a Ward
of Chancery, and the Court were consequently bound
to see his funds properly administered.
After some arguments on both sides for and against
the removal of the injunction, the Coensel seemed to
think the best way would be to place the sum in the
hands of the Accountant-General of the Court, and
that the interest should half-yearly be remitted to her
in Scotland.
The Cower said they should inquire what was the
practice of the. Accountant• General's Office, in order
to saveher as much expense as possible, from the
very satisfactory manner in which she discharged her
trust, and should in a day or two give their opinion.
She bad certainly done her duty with the greatest
credit to herself, and was a very fit person for the
trust.

COURT OF RINGS BENCH, DECEMBER 16.
HOPKINS V. APPLZRY.
The Defendant, a tallow-chandler at Bath, through
the agent of Messrs. Atkinson, brokers, bought of the
Plaintiff, in October last, a quantity of benne to the
amount of £4O. 19s. lud. The present action was
brought to recover this sum.
The ATTOKNEY-GYNEKAL stated the facts ofthe
purchase and of the delivery, and observed that he
understood that the defence was to be, that the barilla
in question did not answer the warranty of goodness
which was given at the time of the contract. Ttlis
objection had, however, never been made until after
the defendant had used the whole of it for the pur-
pose of making soap, and until payment was requir-
ed. The quantity supplied to the defendant had
been taken out of a much larger parcel conveyed
from Spain not long before; and it would be proved
by several witnesses whom he should call, who bad
employed other quantities of the same article for the
mine purpose, that it was of the best quality, and
perfectly answering the warranty. It seemed there.
lore that the defence was an afterthought, for the
purpose of avoiding the payment of a just demar d.
The order and delivery of the barilla were then
proved; and with respect to its quality, three persona
of the names of Smith, Sullivan, and Foster, deposed
that they bad various quantities of the same barilla
us that supplied to the defendant, and they had
found it of excellent quality. It also appeared chit
it had been imported by the plaintiffs at S4s. and
they had sold it to the defendant at 38s. per cwt.
Mr. Scatiurrr, on the part of the defendant, con-
tended, that earlier notice could not have been given
to the plaintiff that the barilla was bad than had in
this case been given. The natpre of the article was
such, that it was impossible to ascertain its strength
and virtue until it had been used the purpose for
which it was intended, in this install h the making of
soap; so that until the defendant hid :palled is
boiling of soap in consequence of the non-fulfilment
of the warranty by the plaintiff, he could not give
them any intelligence upon the subject. "
*He then called the defendant's son and his boiler*
who iwore that the barilla was extremely bad ; that
they were obliged to use 14.iwt. where they had,
before employed only 7 cwt. and that even then itr
saade,the soap of a bad colour. They admitted that,
made several Wiling', in which they used the
bought of the plaintiff, after they found it
'not good, and that, the defendant after the first
made no complaint to the plaintiff. The
said that he bad only been seven months in
business before he used the Willa in question,
considered himself competent, and had never
any bad soap befeie.
Mr. Morgan, a soap-maker, stated the
trade es far as barilla wascoommed in
_ lye, and give it as his opinion that the barilla;
could not have been good, if it were necessary to us:
Wound of I cwt. On IRlAS•ciasuicatioa. he said

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