Star.
London, England, 1818-07-23 00:00:00

LYCINIAS V. LYCINIA.

This was an application by Sir SAMUEL ROMILLT,
for an injunction to restrain the defendant Ann Ly-
cinia, from disposing of certain property to which
the plaintiffs, her brothers and sisters, set forth indi-
vidually a joint and equal claim. The case was as
follows:—John Lycinia died the 2Stlr of January,
1814. without a will, leaving several clli:dren. Upon
his death, his daughter A.in, the defendant, took pus-
"session of the intestate's house, furniture, stock in
trade, and every thing that had belonged to him, re-
taining and using them for her own exclusive advan-.
' tage and to the prejudice of the plaintiffs, who
claimed an equal right with her to share in all their
father's property. The application was sustained by
an affidavit of the plaintiffs, stating, among other
facts, that the defendant, for some concealed consi-
deration, had parted with a deed on which rested the
title of the intestate to a certain leasehold estate, and
with various other acts of gross misconduct and im-
propriety in the management and application of their
late father's effects.—(Here the Learned Counsel was
interrupted, and the further hearing postponed, by
the rising of the Loan CHANCELLOR, at a quarter
past two o'clock, to attend, as it was supposed, a
Cabinet Council.)
It war notified is a paper pasted up, that the LORD
CHANcattoa intends to close the present Sittings in
Lincoln's Inn Hall, on Saturday the 11th of August.

VICE-CHANCELLOR'S COURT, JULY 22.
BROWN T. DE TASTET AND ()TILERS.

The argument was resumed this day, and after a
patient investigation of the various items of the ac-
counts, and the principles upon which the partner-
ship was entered into between the parties, Mr. De
Tastet, Mr. De Mangin; Mr. Grellet, and Mr. De
Paiva, his Honour said, he felt disposed to refer the
matter back again to the Master, for the purpose ofi
having his report upon the capital employed in the
concern; what part of t'ie profits, after the death of
De Mangin, might be considered as attributable to
the credit of the house, and also what compensation
was fairly due to Mr. De Ta7tet for his labour. The
former report of the Master appeared not to hay*
proceeded upon right principles. In his Honour's
view of the case, a gross injustice would be done to
Mr. De Tastet by a compliance with all the demands
made upon him. •

SALISBURY ASSIZES.
PORE V. ANTROBTJS.
This was an action brought by the plaintiff against
the defendants, Sir E. Antrobus, Bart. and Coutts
Trotter, Esq. executors of the late Earl of Peterbo-
rough, to recover the expenses incurred in conduct-
ing the funeral of that Nobleman, and was set down
on the Special Jury list. Three Special Jurors, how-
ever, only attended, and a tales ss as therefore prayed
on the part of the plaintiff. The pleadings haviug
been opened, by which it appeared that the plaintiff s
claim amounted to the sum of £3OOO, of which
£2OOO had been paid into Court, Mr. Serjeant PELL
statcd the general circumstances of the case.
The plaintiff was a person engaged in a very ex-
tensive line of business in the city of Bath, where the
late Lord Peterborough had for some time before
his death generally resided. He died, however, it;
June, 1814., at his seat at Dantsey, distant from Bath
about 26 miles. Upon this occasion application was
made to Mr. Dore to undertake the superintendence
of the funeral on a scale of unusual magnificence,
It was natural that he should accept this offer, as it
not vjly involved a very considerable profit, but fur-
nished the opportunity of displaying his skill in a
very peculiar branch of business. He was sure the
minds of the Jury world not be unfavourably pre-
possessed towards the claim of his client, merely on
account of the extent or apparent enormity of his
demand. The question depended on the nature of
the contract, and on the fact of the work undertaken
having been performed. The payment of a large
portion of the debt into Court excluded from consi-
deration every point except the bare reasonableness
of the various items of which the plaintiff's demand
was composed. The sum now disputed amounted
to ZOO, and as all attempts at an amicable adjust-1
meta of this difference had unfortunately failed, Ms,
client had been driven to his action against the exe-
cutars. It would appear in evidence, that Mr. Dore
received his first instructions on this subject from an
intimate friend of the late Lord Peterborough, Mr.
Smith, who informed him that the funeral was to be
' conducted in ao ordinary way, and that he must ex-
ercise his own judgment in the preparation of it, on
a plan of adequate splendour. In addition to this, it
would be proved that Mr. Coutts Trotter, one of the
' :executors, personally attended the funeral, and must

an-Ain of its nature, anti the expense which I
iE necessarily involved; He might remark also, that
althringh the hill was sent in immediately after the
funeral-, nd ok;:ction was made to the charges it
contained rot a period of six months: The &fen- '
dants had not, therefore' been very suddenly struck I
with the excess of the demand made upon than.=
He would state also, without fear of contradiction,
that the ceremony had been conducted in every re-
spect with the most perfect order, and in strict con-
formity
to the general instructions which had been
received. The procession had passed over a space of
two miles, and if it sere thought right in this matt-/
ner to consult the dignity of an English Earl, the
disposition to defray the cost ought net to be
If the remains of the Earl of Peterborough
were not to be deposited in the grave without all
these accompaniments of grandeur--
" The boast of heraldry, and pomp of power,"

.. . . . .
the common principles of justice required that the
burden should fall on those who succeeded to his
property. It was probably their elegance and taste.,
• which had been the cause of so superb a display of
'funeral ornament, and they must not shrink from the
conseqoences of their gratification. lie would beg
to-draw their attention to one single part of the bill,
on the fairness of which they would be called on to
'decide ; because, if the justice of that charge should•
established, it would serve to indicate the merit!:
of the whole inquiry. A sum of between 1::1500 and
£lBOO, forming part of the whole demand, was on
account of the furniture arid decorations proVided
for the occasion of the deceased Earl's lying in state.
It appeared that it was deemed necessary, as a last
token of respect to his person, to adorn this state-
room with every costly appendage suitable to such a
purpose. He would not enter into any minute de-
scription of these decorations, which Would come
with mere authority from the witneses : • ::(1 con-
clude therefore by assuring the Jury, that although
This inquiry would probably engage a considerable
poition of time, no effort had been spared on his part
to generalize it as much as possible.
David Russell was the first witness called, and
Stated that he had acted as assistant to the plaintiff
In providing for the funeral of Lord Peterborough.
He had been engaged in that line of business for 12
years previously, and had inspected the items of the
plaintiff's bill, when it was originally made out. His
Lordship died in June, 1811, and the funeral cere-
monies were on the largest and most expensive scale
that he had ever witnessed or heard of. The body
lay in state for two or three days in a large room,
I most splendidly fitted up. Mr. Trotter was present,
and the witness could testify. to the due execution of
every order that was given. The state room was of
large dimensions, and was hung with superfine black
1
cloth from the cieling, the floor being covered with
second black cloth. Between seventy and eihty
wax lights were kept burninf, twelve of which
weighed above a pound each. fhe body was placed
on a magnificent platform, ornamented with festoons
of black satin, and surmounted with a dome, lined
inside and outside with rich black velvet, and co-
vered with ostrich plumes. The rlatform was also
fringed with velvet, and behind it was placed a
transparency; in which was set the achievement of
the deceased. There were also some smaller trans-
parencies in the room. Several banners and escuz-
cheons were raised in different riaces, and eight
mutes were kept constantly in Itaendance. The coffin
was covered with the richest crimson Genoa velvet,
on which were also inscribed the Earl's armorial
bearings. The pall was the handsomest the witness
had ever seen. Mr. Smith and Mr. Trotter were
present three days before as well as during the fu-
neral. To some things they objected as not being
good enough. The procession consisted of a hearse,
seven coaches, each drawn by six horses, one chariot
and four for the clergymen, attended by six mar-
shalmen, eight mutes, two feathermen,' eight under-
bearers, forty-six pages, and a grand page on horse-
back, bearing the coronet. The plain tassels pro-
duced in Court were rejected, as not heir' suffi-
ciently handsome for the cushion, and gad ones
were accordingly provided. It was necessary to send
for the greater part of these things from London.—
(Here the witness was examined as to the price of
particular items, most of which he thought were not
valued at too high a rate.) It was not the practice
to return the ordinary articles provided on such an
occasion to the undertaker, but They became the per
quisites of the clergymen and the domestics. Certain
sums were ordered by Mr. Ward, the steward, to be
paid to particular individuals in lieu of these. perqui-
sites. The clerk of the parish received 101. the
mutes 2/. each, the undertaker for his personal trou-
ble and assistance at the solemnization of the cere-
mony 2t41. and witness himself 10/. Several turn-
pikes were passed by the procession in its way to the!
church. Hatbands and scarfs were always given to
those who wore them on these occasions. Some of
The servants received one, some two snits of clothes.

Cross-examiuedP by Mr. CASISEIM.—Witness was
no longer engaged in the business of an undertaker,
bur travelled for a house in the wine and spirit line.
An interval of about ten days occurred between the
death and the funeral of Lord Peterborough. The
distance between the church and the room in which
his Lordship's body lay in state did not exceed, by
the nearest door, above twenty yards; but by the
grand entrance it might be about two hundred. The
.procession, however, took a circuitous course of two
miles, that it might be seen by a sufficient number
of spectators. He recollected that for one article
alone, the silver gilt nails of the coffin, SM. had been
charged. They were of a yellow colour, and their
value he was ignorant of.
Joseph Barnes, a labourer, deposed, that he had
made the shell, and the oak coffin, in which the re-
mains of Lord Peterborough were deposited, and his
'charge for the timber and labour was 101. Ss. 3d.
which Mr. Dore paid to him ; part of this he paid to
a man who assisted him.

Here it appeared by a reference to. the bill, that
the charge was about 161. to the defendants.
Susannah Rummin, housekeeper to the late Lord,
described the dress of the body when laid in the
coffin. It was composed of sntin and the finest
cambric. The servants, who were nine in number,
received two suits of clothes each.
After some additional evidence on the v•due of the
different articles, as this inquiry appeared to he almost
inteiininable, Mr. Justice &Jason:fin earnostly re-
commended a reference to borne gentleman at the

r, Wbo, as thi witnesses bad been bioiighi
numbers both irom Bath and Ltme..on, might immti,
diately iwocictl in tht.ir fnither esaininvtion; and
decide on the general merits of the actoutt. This
suggestion after some reluctance, was acqUiesccd hi
by the parties, add the whole cAse referred to Mr:
Abraham Moore.

wste r. trieHELLOR CriAPMAiL
The Plaintiff is a farmer, ?eliding near Westbury,,'
and paid his addre;ses to the sister of the def.endantt
Batchellor, in September. last. A fair is annually
held at that place, and the plaintiff was invited' td
witness its entertainments at the ho.sse of his future
brotliCr in-law. Arter dining With a large'partjt, and
partaltiag liberally of ale, the females of the Cotft:
'pany r:filed, and in consequence df stsmething th*
passed relative to the lOre affair which n'as in pro-.
gl'ess, the plaintiff ai-as icirtipelled to drink a Alas of,
muddy and medicated beer, by the menact,v,•:;•!r
placing a pistil at his breast. He was thin lik4aubed
with a mistime of soot and oil, to which was addeti
a varnish of pot liquor; Being afterstardessondictied
to the pump, he was drenched from head to foot,
apparently in the vain expectation of pdrifying his
person from the unseemly effects of the former appli.;
cation. For this injury he now sought for comi,en•
salon in it Courrof Justice.

Amelia Webb, the only witness ealled, stated, that
she was the sister of the plaintiff, and was a witness
to the -traiOactioii complained of. Her evidence,
however, only went to disclose the fact of the mar
riage having tubseTiently taken place between the
faniilies, and to a vindication of the Ladies from the
suspicion of having been at all surprised by the
rower of that ale which had so cornplately mastered

the understandings of the Gentlemen engaged id
this a ;'sir.

It was here agretd that al verdict should be taken
by consent fbr the plaintiff —DamaFes 40s.
Nothing took place on the Crown side of the sls;hte*
public interest.