Star.
London, England, 1818-12-19 00:00:00

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VICE-ClintidELLOß'S COWS?, DEi.,EMBEtt is.
Lokb MILMNOTON V. THE *ARV OF UULORAVEr
,The Trustees under a Marriage-settlement for a
term of twenty-one yeari, demurred to a bill requir-
ing them to put their power into etecution in a par.'
titular instance. They contended the Court had mil
compulsory jurisdiction over them, and they could
act upoti their ovln discretiOn. '
The Couttr snide it was most just the Trustees
should have a direction to act ; •but the Court had a
power, nevertheless, to look over them, and obviate
any irregular use of their authsaity.
Demurrer overtuled.—There,.were four distinct de-
murrers to this bill, and all werk included in the de-
cision of the first.
THE ATTORNEVGENEEAL v. AZ DUKE°, stAnusao'.
This important question came on for argument
this day. Our Readers will recollect, that an injunc-
tion was obtained, on a former occasion, to restrain
the present Duke of Marlborough from cutting down
certain trees, &c. at the instance of the Marquis of
Blandford, on the estate at Blenheim, and to which
the Martinis of Blandford, as the eldest son of the
late Duke of Marlborough, is, on the death of the
present Duke, entitled.
Mr. Harisort read over the allegations in the bill,
which, after stating the terms of the prayer in re-
spect of the injunction, proceeded :—ln the reign of
Queen Anne, a grant of the manor and lands of
Woodstock, since called Blenheim, was made to the
then Duke of Marlborough, for the eminent services
he had rendered the State, in consequence of an ad-
dress froM the Crown to the Parliament. The p;o-
-petty having been given to the Duke and his heirs
for ever, his Duchess, in the event of surviving his
Grace, was to take his property, and at her death it
was to go to the male heirs ; but failing that, it was
to go the female heirs. The Duke had a power of
granting leases of the property, except Blenheim ;
and the like power was also vested in his successors
respectively; but no other leases-avere to be made,
save those executed by the Duke and Duchess of
Marlborough, and which were specified in an Act of
Parliament passed in the reign of Henry VIII. Her
Majesty was also empowered to raise a sum of five
thousand pounds for erecting It mansion-house on the
said estate of Blenheim, out of the lands in which the
Crown had an interest, by a vote of the House of
Commons, which was accordingly done. The pre-
'sent Marqnis of Blandford being the eldest son of
the late Mike of Marlborough, is, on the decease of
his Grace, entitled to the said• estate. The bill al-
leged, that the Duke of Marluorough, being in pos-
sessiont had cut down certain trees in the plantations
and grounds; and also that he had cut down certain
young trees, which were wholly unfit to be felled,
Rot having arrived at i proper growth: that he had
also contracted with a person for the sale of the said
timber and trees, and had marked out a considerable
number of others for the purpose of being felled,
whereby the interest of the plaintiff, the Martinis of
Blandford, would be greatly depreciated, and a
fraud under the patent had been committed. To this
bill a general demurrer' had been filed by the Duke
of Marlborough, which alleged, that he could not
make any further discovery by whi,h the *plaintiff
could be benefited.
Mr. Bata., for the Noble defendant, maintained,
that the intention of the grant was to vest the estate
in fee simple in the Duke and his successors, for
which reason there was no reversion vested in the
Crown; therefore the King's Attorney-General was.
improperly introduced as a party in the present suit.
The VICE-CHANCELLOR said, he conceived that the
Duke remained reversionary in fee; because the 2d
of Queen Anne could never deprive him of the fee
he had obtained by tho. first Act.
Mr. BELL said, that was exactly the case, and it
confirmed his argument; because the 2.1 of Queen
Anne limited the estates that were to go with the
granting, at the same time, to the Duke and his
sttccessors certain privileges, hut preventing them
from alienation. In common law, all persons except
guardians, who were not tenants for life, had full
power to cut down trees. In the case of Vane and
Lord Bernard, in 1716, which was for an injunction
'to restrain the defendant from pulling down a man-
sion-house, the Court held it to be contrary to the
meaning of the donor, and restrained him accord-
ingly. In the case of Abrams and Budd, which was
for felling trees, Lord Chancellor NOttingham thought
he could not restrain the defendant; but that if he
went to pull down houses the Court would interpose.
The Learned Counsel stated other cases to the same
effect, and concluded, that the fee was vested in the
eat Duke and his successors, -under the first of
Queen Anne, and whoever was in possession entail,
had the right to cut down timber and dispose of it.
The Vice-Cuatteet LOR said, they must so argue;
for the meaning of the deed of gift was—that Ken-
heist was to remain in the same state as it was when,
possessed by the first Duke of Marlborough.
Mr. item. then said, they must contend that the
Noble defendant had not the right of making any
improvement on the premises. It was well known,
that a change had taken place in the fashion of car-
riages since the days of Queen Anne, and according
to the present argument, his Grace could not enlarge
a coach-road, so as to admit a modern carriage.
Messrs. WRAY and HANSON spoke on the same side.
The SOLICITOR-GENERAL, Counsel for the plain-
tiffs, said, the present was a question of great impor-
tance, not only to the parties, but to the Public at
large; for it was, Whether the Duke Of Marlborough
or any of his successors had the right and power of
pulling down a splendid monument of British grati-
tude for the unparalleled victories of his ancestor?
The demurrer must admit, for the purpose of the ar-
gument, that the defendant had cut down trees, and.
r he e had a right to contend that the trees were planted
lin the time of Queen Anne.
The VICE-CHANCELLOR here interrupted thee Lea-
rned Solicitor, saying, that the usual time for the
Court's rising had arrived, and that he should hear
the remainder of the case to-morrow.
Proceedings deferred. •
COURT OF KING'S .BENCH, DEC. is.
STAIGHT V. GEE AND CARVER.
This was an action of assault and false imprison-
ment. It appeared in evidence, on the part of the
plaintiff, that he, its company with a ft lend named
Annesley, on the sth of October, had stopped at the
house of the defendant Gee, who keeps the Cock, at
flacks*, whtlit • his Iroise was shoeing. lie had

io bitt softie chops to refresh himself,
Being unsuccessful in cuing change, he tended
pound note to the defendant for that purpose ; but
the latter suipea.ting.thigenuinene.c of the note,
plaintiff prodiiied another, and the defendatit, swing .
that limb were bad, refused to deliver them ba,CkW.-
Tht) plaintiff, in Order to get redress; *went to find a
tontable, but was called back, and was himself
taken into custody: In the mean time the notes were
sent to a perion named Fish. an Inspector of the
Bank of England, who happened to be at Hackney,
and he said that the notes were good, and attested.
them with his initials; but notwithstanding this„ the.;
defendants, one of thorn, named Garver, was a con-,
stable, • caused the plaintiff to be stripped to the skin
for the purpose of searching him, and they then
marched him to Worship-steeit Police Wee, hand-
caged, and kept him in custody until nine at night.
Under these circumstances the present action war

brought. • , •
The Plaintiff's case was proved by Annesley, •
companion, Mr. Fish, the inspector, and his wife, and,
two other persons named Broadhurst.
Mr. SCARLETT, for the defendant Gee, stated,.that"
his client had given no orders whatever to rake the
plaintiff into custody, but that a soldier, who hap- .
pened to be in his house, having ran out and told a •
constable, named Merry,' of what had passed, the
latter, on his own authority, took the plaintiff in
charge, although Gee had dissuaded him from so
doing. It was supposed that Mrs. Fish bad not
shewn the notes to her husband, the inspector. The
constable, Merry, having taken the pi:linear into cus-
tody, summoned Gee to attend him toWorship-street,
but so tittle cause of complaint did the plaintiff think
be had against Gee, that after he had been discharg-
ed be went back and drank at hii house. •
Mr. GURNEY, OR the part of the defendant Garver,
the constable, contended that the action was not
brought in the proper yews, for an action against a
constable for any thing done in the execution of his
office, must be brought in the county where the cause
of action arose. He, therefore, submitted to the
Learned Judge, that the action was not well laid,
having been brought in London, whereas the injury
complained of arose in Middlesex.
Several witnesses were called in support of the
defence set up for Gee, but their evidence did not
materially vary the case on the part of the plaintiff.
The CLUES JUSTICE, in his charge to the Jury,
distinguished the cases of the two defendants. With.
respect to Garver, his Lordship thought that he Was •
within the Statute 21 James I. c. 12. though he acted
without a warrant. It appeared that he had acted
Upon a suspicion, and under the orders cf another
constable, and therefore by virtue of his office of
constable he was entitled to avail himself of the ob-
jection taken on his behalf. His Lordship then sum-
med up the evidence applicable to the case of the
other defendant, and left it to the Jury to say, whe-
ther in their judgment the injury complained of by
the plaintiff was satisfactorily made out? if they
were of opinion that it was, they would give such
reasonable damages as the case, under allies circum-
stances, would warrant. •
The July found a verdict for the Plaintiff against
Gee alone—Damages I:50. The other defendant had
a verdict on the point of law.

The health of the LCRD CHANCELLOR is imprcwed
considerably. His. Lordship was yesterday able to
walk, but he will not take his seat in Court until after

the Christmas Holidays. • .
We are happy to learn, that the Provisional Com-
mittee for the Encouragement of Industry, and the
Reduction of Poor's Rates, have been very successful
in their enquiries after information on these sukiects,
and that they are still•contisming to receive commu-
nications of the greatest interest from every-quArter.
A Gho:t, which for some nights had been walkiiig
the bye-ways' about Manchester, to the great terror
of many women and children, on Wednesday night
happened to fall in with some of the Police of that
place, 'who, very indecorously, arrested it! On the
following day, by way of experiment upon the feel-
ings of Ghosts, the prisoner was favoured wi h a good
flogging, when (strange to tell) it bellowed out, ji.st
like flesh and blood!—and (more singular still) pre-
tended to be an Irishman! which many were incline;
to doubt, being of the standard height of ghostl
beings—uprards of six le-et. high!!
• Several men and carts were employed yesterday i
St. James's Park, carrying ice from the Canal to this
Prtnice REGENT'S ice•house, at Carlton-House. ''l
Confectioners were also busily employed yesterda
in laying-in. their dog-day luxury, most of the ict
houses having been complexly emptied during the
late reniarkably hot summer.
It is a singular fact, that on most of the waste
lands in the south and western parts of England, thi
furies have this year flowered. twice ! the first time
in July, and again within the last 10 or 12 days.
Mr. PERCY has now in his garden, at Battle.
bridge, Windsor-Leans, in flower, and in pod, -
marl:ably fine, and also some stems standing, whi
were gathered in the course of the season, and a,
now again in flower and• pad. There are -also a few
peas in flower.
Wednesday evening, Mr. BERNARD. STEERS, of

Mary's-hill, Borough, crossing the Queen's Head
gateway, in the Borough, was surrounded by a gang
of thieves, who .pushed him about for some time;
and at length one of the villains came in his front,
and, giving him a violt:nt blow which knocked' him
down, snatched his gold watch from his pocket.
The Ease: Foi-hounds meet on :Monday' at Seven.Farin
Thursday, at Green Dragon ; and Saturday,at Nark's ilalL
The Hatfield Hounds meet on Monday nt Dosbiwell; Thuti-
day, at Bramingham ; and Saturday, at %erne!.
The Sunderland Harriet. meet every day at *Kennel.
BOXING.
Turner, the Pugilist, met his friends at his benefit, in a
'clout room, on Thursday evening, which was attended by
most respectable party, admirers of his boain: talent. He made
no reply to Makin's accepting his challenge, and stating that his
money was ready,,which has cached meek surprise in the Sport-
ing Circles.
• FIR..--A destructive fire broke out this moi
quarter before one, in the Sugar-house of Messrs.
MARTIN and Co.- the sonar of - Shorter-scree.
Cable-street, Wellclose.iquare, which totally c,
sumed the whole of their extensive premises, ti
ther with part of the adjoining house of Mr. Mitta.ol
a machine-maker. 'he front •next Cable-street
in about• four o'clock with i tremendous crash, -
fortunately no person was hurt. The fire is suppo6eyf
to have originated from one of the flues of the bone.?
An immense quantity pf sugar has beets lost.