Star.
London, England, 1826-05-02 00:00:00

FLETCHER V. SONDIS.

This case is a long time before the public. The er-
cumstances respecting it are briefly these :—ln 1814,
Lord Sondes presented the plaintiff to a living of which
he was Patron, and bound him over in a bond of
'12,0001. to resign when either of his younger brothers
(who were then minors) should be capable to accept of
the living. In 1820 the ycungest brother of Lord
Sondes being in such a state of capacity, application
was made to the plaintiff to resign, but he refused;
whereupon Lord Sondes brought an action on the bond,
and. the Jury returned a verdict against him with
special damages. Against this verdict the Rev. Mr.
Fletcher appealed to the House of Lords, who ordered
the following question to be submitted to the twelve
Judges for their opinion—viz. " Whether there was
sufficient matter on record to show that there had been
a simoniacal contract between the parties, and that the
bond was thereby void by the statute cf Elizabeth re•
specting such contracts."
All of the Judges, except the three Puisne Judges of the Colon of
Kiog's Bench, sat this day in the House of Lords to deliver their
opinions on the subject.
Mr. Justice GASZLEE said, that there being a differ-
ence of opinion among the Judges on this subject, it
was his duty, according to the custom on such occasions,
to express his opinion first. He felt some difficulty in
expressing himself differently from his Learned Bre-
thren; but after minute deliberation, he should declare
in linthre, that the bond in question was not void either'
by the statute or common law. Before the decision in,
the case of the " Bishop of London v. Fitch," bonds of
gene:al resignation were held legal. Since that time the
law had been" otherwise, though the general opinion in
Westminster Hall was opposed to that decision. Lord
Kenyon said, that if the question should come again
before the House of Lords, he was sure their Lordships
would revise it. The present case did nct come within
the statute of Elizabeth, as neither money, reward, nor
benefit was given for the presentation. To resign in
favour of a younger brother could not be construed into
benefit, as the patron was not bound to provide for him.
Bonds of special resignation were never held to be
illegal unless they came expressly within the statute.
At common law even, bonds of general resignation were
always held good. Tne Learned Judge cited "Lee v.
Lewis," " Felix v. Rolle," " Charles v. Locke," in
Croke, James, to shew that special bonds of resignation
in favour of sons and distant relations, had been held
valid; and alluding to the public policy of encouraging
the practice, he said, that if the case were new,he might
be influenced from public motives to give a different
opinion ; but since it had been the law these 200 years,
he could not reconcile it with his duty to deviate from
it in this barticular instance. He therefore thought that
there was not sufficient matter on record' to invalidate
the bond in question.
Mr. Baron HULLOCK differed widely from his Learned
Friend. The bond had been given in consideration of
the presentation ; the: efore, though not expressly, it was
by inference within the statute rf Elizabeth. It had
been decided in several instances that any security given
to evade a statute came within the statute: this was
evidently one of that kind, for the bond had been given
for the consideration of being present,d to the living,
and every presentation not gratuitous was corrupt,
therefore simoniacal. It differed from a bond of gene-
ral resignation in the degree of benefit, but not in
its nature or operations: therefore it should be judged
by the same principle as that of " the Bishop'
of Lond-n v. Fitch. In all the decisions that had
taken place respecting bonds of special resignation, the
statute of Elizabeth never came before the Court. To
support such bonds would be inconsistent with public
policy ; when the contingent should happen, it would
make the Rector a tenant at will, liable to be deprived
esf his living if he did not do what the Patron pleased.
Tue interest of the public eequired that the incumbent
should have a freehold in his rectory ; it would render
trim more independent. If the consent of the Or.iinary
was necessary for a resignation, and that it should be
refuted, would not the Rector, io case the bond was
legal, be obliged to pay the amount and keep the
diving ? How could this be distinguished in its ope-
rations from a purchase of the presentation? The
learned Judge concluded by saying, that by the com-
mon laws and the stature the bond was word. Basins
GA HOW and G Alta SI, JUstiteg BUR itOUOll and PAKK,
delivered their opinions to the same effect.

' It being• five o'clock, the Loma CHAVCRLLOR move) that the
Honor adjourn till two o'clock (this day), to hear the opinions of
the Chief Justices of the King'i Bench and Coln/non Pleas, and of
the Chief 8..r0n.

'• ,

GLASGOW, APRIL IP.

- .
• MELANCHOLY LOSS' OF A FISHING BOAT.
Monday forenoon, as one of the Pei ryden (Montrose)
fithing boats, with a crew of six men, was passing
through Lustan Bay, for the former place, with a heavy
sea running, and the wind blowing fresh from the N.W.
she *as struck by a sea on the broadside and swamped,
when five of her crew were instan ly drowned. 11,,e
situation of the bait being observed by t''.e crew of the
Preventive -Coast Guard stationed at Red Castle, they,
with a praiseworthy alacrity, manned their boat and.
proceeded to tender assistance. On reaching the fish-
ing boat, they found'her bottom.up, and one man in a
state of insensibility clinging with the grasp of death to
the keel (all the other five having disappeared). They
tcok him into their boat, but by the time they reached
the short the vital spark had fled, and all attempts to
restore animation totally failed.
fly tir:s melancholy event five widows (some of whom
are in an advanced state of pregnancy) and tweotrone
children, are deprived of their husbinds and fathers,
and with them of the weans of their daily subsistence.
One woman has lost a husk and, a son, and a brother,
and two of the other women who are deprived of their
husbands are sisters, who also had a brother among the
sufferers.

LAW REPORT.

COURT OF KING'S BENCH, MAT 1.

THE KIM? W. THE JUSTICES OF THE CiUNTY OP wAnuloc.

Mr. &Ant Err last term obtained a rule calling on
the Justices of the Peace for the county, of Warwick,
to show cause why they should not pay one of the coro-
ners of that county for bis travelling expenses for attend-
ing certain inquisitions therein held by him.
Mr. BROUGHAM now appeared to show cause against
the rule, and admitted that by statute tl,e coroner was,
for every inquisition, entitled to the sum of 20s. and the
further sum of 9d. for every m le which he shall travel
from the place of his abode to the place where the in-
quisition shall be Laken. In this instance he had tra-
velled from Coventry to Birmingham, for the purpose
of taking one inquisition, and for that he bad been
;Mowed his fee of 20s. and the 91 per mile travelling
expenses ; but whilst at Birmingham he had taken two
more inquisitions, and though the payment of his fee
was not disputed for either of them, it was contended
that he was not entitled to his travelling expenses for the
two last inquisitions the same as if he had been com-
pelled to take a separate journey for each of them. Under
this impression the charge had been withstood, and it
was submitted the Court would discharge the rule..-1
Rule discharged.

CRIMINAL INFORMATION.
Mr. BROUOMAM opposed a rule calling on the Pub-
lishers of the English Gentleman Newspaper to shew
cause why a criminal information should not be tiled
against them for an alleged libel on Mr. Rothschild.
The objectionable at ticle imputed to Mr. it ,thsclaild the
withdrawing of a large sum of money glom certain
Bankers during the panic. The statement was wholly
without foundation.

The Com after hearing the arguments of Mr. Baonoswe and
Mr. Ifovr, enlarged the rule with respect to two of the defendants,
and made it absolute against the supposed author of the libel.

THE MAYOR OP TR!QONY.

The COURT was moved to enlarge a rule for an at-
tachment against the Mayor of Tregony for not obey.
ing a peremptory mandamus. The mandamus was
obtained by Mr. SCARLETT, in consequence of some
irregularity at an election in tee Borough of Tregony.
The Gentleman to whom it was directed kept away
from the Borough after notice had been served at his
house, and the rule for an attachment was obtained.
The Coos: were of opinion that there was not sufficient ground
to enlarge the rule, and therefore it was made absolute.

SECONDARIES' COURT.
DUBOIS V. GODEFROY.

This was an action brought by Stephen Dubois, a
poor silk-weaver, residing in Pelham street, Spitalfields,
against Mr. Godefroy, a skein silk-dyer, living in the
same neighbourhood. It appeared that Mr. Peter
Godsftoy is a wealthy skein silk-dyer, residing in Pel-
ham-street, and that on the 29th of July list, about
half-past six o'clock in the afternoon, as James Dubois,
one of the plaintiff's children, %as playing near his
father's door, in Pelham-street, where they reside, on
the curb-stone of the pavement, the defendant (Mr.
Godefroy) drove his chaise, or gig, it a furious rate
down the street. The wheel of the gig passed over the
body of the child. The child was very seriously butt,
and it was necessary to call in the assistance of a medi-
cal man, under whose hands the child remained for a
considerable time. The doctor's bill was paid by the
plaintiff. It appeared that the plaintiff's wife was, from
her attendance at the bed of the child, unable to attend
to her loom for three weeks. Her husband and family
lost the benefit of her services, which were worth ten
shillings a-we. k.
One Regan stated, that he was present when the gig
passed over the body of the child. lie said it would
have been impossible for even the most active person
to avoid the gig, it was corning down at ouch at rate.
The child, alter the accident happened, was brought
into his apartments, and was bleeding lions differs it
wounds in the head. He was al.o much injured
about the body.
Charles Paul, a weaver, was also present at this accident. He
stopped the gig, and got from Mr. Godefroy his card.
The Jury. after a few minutes' consultation, found a verdict fee
the Plaintiff—Damages 1.51.

At the Glasgow Circuit Court on Thirsday, Thomas
Mikenna and Dennis Murphy, for house-breaking and
theft, were sentenced to be hanged-on the 14th of June
next-. Charlet Campbell, found guilty of killing his
wile, was, at the same time, pronounced to be insane,
and was ordered to be confined in Glasgow gaol kr
life, or until the Court should order his liberation.
Friday,the prisoners in the gaol of Ayr, made their
escape, with the exception.of one man under sentence
of transportation for life. The total number who left
was twelve, of whom eight have been re-captured.
Those who still remain at large, ate Francis Doneatie,
James Nim,no, George Carmidrae/, and teorge
lane. Ttey are all under sentence of banishment, the
first for life, and the others forloui teen years.
The three poor children who lost their lives at tht
late f.re in Vere-street, were yesterday buried in cne
grave, in the bulial ground, in Portugal-street. Mr.
Hawkins, who also lost his life at. tile same time, was
buried in a grave near them.
The Duke of WELLINGTON is said to have affirmed
at Berlin that the fall of Mitsoloaghi would not decide the fate ofi
Greece.

SPORTING INTF,LLIGF_NCE.

BETTING-ROOM, TATTF.RSALI:S, MAT 1.

A very crowded attendance during the whole of the afternuor,
but the settlement of the bets oil the week's racing engrossed tt.e
attention of all for a considerable time; when the indispensable
business was al raneed, and very large sums had exchanged pockets,
the betting commenced, but was far from being heavy; indeed.
except at intervals, it was very languid... The odds un the Derby
have settled themselves, but in a shape which was not generally
expected. The General was backed very freely, and it is princi-
pally by those who stand very heavy against him. The Mask=
rose to be second favourite, but was not backed to a large amounts
Dervise and Advance are also looking up. Very little was done
on the Oaks and St. Leger.

DERSY.
9to 2 agst The General (taken) 17 to 1 agst Charming Wig
11 to 2 apt The Moslem 20 to 1 apt Monarch
13 to 2 agst Pattie 95 to 1 apt Doritas
12 to 1 apt Dervise 50 to 1 apt Truth
16 to 1 apt Advance (taken) 33 to 1 apt Apelies
17 to 1 apt Carthage 1--
1000 even on the field against tht first three—(taken)
OA Xi. •
7 to 4 apt Problem 14 is 1 apt 80-Peep
7 to I agst Parapluie 15 to i apt Blizabrtk
10 to I agst Tears 17 to 1 apt •Butterer
10 to 1 agst Mignonette 111 to I apt Louisa
12 to 1 apt Rachel 23 to I apt Camelia
I:00 to 25.agst The General and Probkro—(raked).
750 to 500 !tactual agst 13uttelly—(t3ken).
. Doscaseas Sr. 1 .KG
75 to 1 agst Bedlamite I 20 tb 1 apt The Dragow
11 to 1 apt Crusader • I2oto 1 apt Barataria
15 to 1 apt Belzoni 122 to 1 apt The General
IS to 1 apt Fanny 33 to I agst Panic

ECRU' STAKES AT NEWMARKET T [XV wsive.
Even on Goshawk agst the field.
DURHAM RACES, APRIL 27.

The Durham Welter Cup, 50 guineas, given by. the Members of
the City of Durham, added to a Sweepstakes Olive guinets each,
for horses not thorough bred. Heat:, two miles each.
Mr. Milward's b. g. brother to Desgrave • . 0 0' 1 1
Major Dealers b. g. by Mac Orville, 5 yrs old . 0 1 3 2
Mr. Alderson 's ch. g. Bueephalus, by Cation, 4 yrs . 1 0 2 0
Mr. Shipley's f. by Cation, dam by Adonis, 3 yrs . 2 0 2 0
Capt. Rameden's br. c. Lothario, br. to Ilexgrave . 2 0 0 0
Mr. R. J. Lambton's ch. g. Sangrado, 5 yrs . . 30 0 0
Sixteen others were entered.

The Maiden Plate of X5O given by the Town, for Horses, he. that
never wen 4E50 at any one time in Plate or Stakes Wore the
day of running. Two mile heats.
Mr. Sergeantson's c. e. Count Porro, 4 yrs tst. 31b. . 2 1 1
Mr. Harland's g. c. by ltab',d pis old • . . 1 5
Mr. Jackson's b. f. by Castrel, 3 yrs old . . . 0 f 2
Six others started.