The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1838-01-12 00:00:00

rHE LIVERPOOL STANDARD.

We have no news from Toronto; but by advices from King-
ston the mails have all been stopped by the insuigeuts. Volun-
teers were flocking up from all quarters to Toronto, and by this
time it is presumed that something decisive has taken place.
It is reported, that Cotte, one of the leaders who escaped at
the Phillipsburg affair, is marching from Plattsburg towards
Henatningford with about 400 men. This is not unlikely, as
about 200 men were dispersed and crossed the lines to Swanton
when Bouchette was taken ; and he may have picked up some
more at Plattsburg, where, it is known, that at a meeting several
of the Americans volunteered to join. The-y will, however, be
too late to .join the force at St. Bouard, and there are forces
sufficient to meet them at St. John's and Chanalily: probably
they will remain for a time ins St. Acadia, which is disaffected
enough, and then disperse.
The papers of Papineau, which have been seized, are said to
implicate deeply Mr. Joseph Home and Mr. Roebuck The let-
ters of the former are all tackled on his own hand, to be and not
to be made public. It is said that they recommend the very line
of proceedings which have taken place, and that they are highly
beasonable. However, they will be sent home and the matter
will not be so easily hushed up. Should the assertions prove true,
Mr. Hume andalr. Roebuck will have to answer to the people
of England.
The whig government in England are the cause of all this
mischief. lt is remarkable that whenever the whies have come
into power we have had a revolt in the colonies. Lord Gosford
is reported to have said, " I came to this province with the frill
intention of acting upon the most liberal, even ultra-liberal,
principles, but I have been driven into conservatism in my own
defence by the conduct of government." It is a most remark-
able point, that in the commission as governor given by the
whi's to Lord Gosford the power of proclaiming martial law had
been erased. Lord Gosford was not aware of it at the time that
he left England. He has been now forced to declare it and
must obtain an indemnity from the English parliament when he
returns.
The times have been so busy in making preparations for the
expedition, that I have not been able to gain from bead-quarters
the list of volunteers in detail, as I wished to have done ; but I
have the sum total which is correct.
Memorandum of present volunteer force, Dec. 12. 1837:—
Cavalry
Artillery
Infantry

... 8573

8902
Dr. Woo Med Nelson is taken, and expected to arrive here in
course of this day.—Hall-past one o'clock, p.m.
The St. Athan's Messerryer also says:—" A gentleman of this
village arrived in town on Monday, p.m., direct from Yamska.'
He says that the authorities are proceeding with great vigilance
in making arrests in St. Cesaire and vicinity, and a state of the
utmost consternation prevails among the inhabitants; that he
saw a gentleman of St. Cesaire, direct from Montreal, who in-
formed him that on Friday last '2O of the prisoners, who had
been arrested on a charge of high treason, were arraigned be-
fore the court martial at Montreal, and that eleven of the num-
ber were condemned to be shot at fuur o'clock in the afternoon
of that day."
The 43,1 British Regiment, December 9th, had not arrived in
Quebec. The 85th is following immediately after the 431.
It was reported at Fredericton, that three regiments, destined
for Canada, were expected at Halifax from England, and would
immediately march fur Quebec through New Brunswick. All
these march over the territory of Maine.
Thir remaining four companies of the, 83,1 regiment, 350
strong, arrived at Montreal on the llth instaut, also a detach-
ment of the 21th, from St. John's, with the soldiers wounded in
the affair of St. Charles. 'Two companies of the 32d left Mon-
treal on the same day for St. Martin.
Seventeen individuals were committed to gaol on the charge
of treason on the 10th. _

The Montreal Transcript, Dee. 12, expresses its obligations
to the Commercial Advertiser.

We have a valiant speech of Captain Marryat iu the Montreal
Courier.

We annex the official account of the affair of Missisquoi Bay,
with such items of interest as we can glean from the Montreal
papers :

" Frelighsburgh, St. Armand, Dec. 7, 1837.
" Sir,—l have the honour to report for your Excellency's in-
formation, that yesterday morning I left this, by a previous ar-
rangement with Colonel Knowlton, of Brome, in company with
Captain Henry Baker, of St. Armand, having under my com-
mand a body of volunteers to the number of about fifty men,
armed with such guns as could be collected, to form an escort
to waggons for conveying the arms and ammunition of Colonel
Knowlton's battalion from Phillipsburg. 1 had proceeded only
a few miles on my way, when an express from Phillipsburg met
me, with the information that a considerable body of the rebels
had passed through that village early in the morning to the
state of Vermont, and were expecte& to return to bum it the
same night.
"I immediately dispatched. expresses in different directions,
to rake men, armed and unarmed, and bring them to Phillips.
burg, where I had directions from Colonel Knowlton to deal
the arms intended for his battallion, if necessary.
" Iu consequence of certain information I left the waggolas
four miles froth Phillipsburg, and struck through the wood's so
as to meet the loaded waggons, at the head of Missisquoi Bay,
in order to strengthen the escort from CaldWell's Manor and St.
Armand west. We then proceeded in company to Phillips-
burg; and reached it at half-past four p.m., where I found men
assembled from different points, and that scouts had come in
from Swanton, in the state of Vermont, with the informatio❑
that a body of men, well equipped, and having with them two
pieces of cannon, had taken up their line of march for this pro_

vinee.
" In this emergency orders were issued to supply the men
with muskets and ammunitions from the waggons, and at six
o'clock a position was taken half-a-mile south of the village, on
the west road leading to Swanton.
" We had occupied this position nearly two hours in expecta-
tion of the enemy, when positive information came in that they
had taken the east road leading to Swanton,and that they were
within three miles of the
" I instantly ordered a strong guard to remain on the west
oad, and marched to a position two miles-and-a-half east of the
village, and drew up inc men to a height to tbe-left, 'command-
ing the hig,hwav at the intersection of the Swanton-road leading
north and south with the St. Armand-road, leading east and west
w here I found the pickets and advanced guard had retired un-
perceived before the enemy, who were 'klo strong.
"The force under my command amounted to about 300 men,
but before it was possible for me to rednce them to order, the
van of my line had commenced firing without command.
"To a cotiimanderof your experience I need hardly apologise
for the impetuosity of an undisciplined body hastily taken away
from their farming occupations, and placed in sightof aneneiny
only a few hours after arms had been placed in their hands. This
premature fire was instantly returned by the rebels, and the
firing was kept up on both sides forabout ten or fifteen minutes,
when the enemy retreated back, towards the state of Vermont,
leaving behind one dead, two wounded, and three prisoners.
."One of the wounded is Robert Shore Milness Botichette,
of
Quebec, who led .the advanced guard of the rebels,
and is
severely hurt. The other is slightly wounded, and reports him-
self to be a nephew of Julien Gagnon, of St. Valentine, in
L'Acadie, habitue, the leas .of the party. They left, also,
two pieces of cannon mourtild on carriages, five kegs of gun-
powder, six boxes of ball cartridge, and seventy muskets, part
of them iu boxes, and two standards. From the undisciplined
state of the Inyalists, the darkness of the night, it being nine
o'clock, and the vicinity of the woods, the rest made their
escape, The vicinity of the province line was also in favour of
their escape, for the universal feeling throughout this
part of
the border is, that no man shall cross the line armed, even in
pursuit of invaders from the other side. so that to auy demands
made by your Excellency or the Governor in Chief, an
answer cannot with truth be made by the general or state go-
vernments of the United States, that the people of the province
have done anything contrary to the treaties existing between
that country and Great Britain.

"O. J. KEMP, Captain.
"To his Excellency, Sir J. Colborne."

(Extract.)
"Freelingsburgh, St. Armand, Dec. 7.
" Sta,—l have the honor to report, that on reaching the Isle
aux Noix, with the arms furnished for the Sheffield volunteers,
I deemed it advisible, before removing them from that station,
to proceed forward, in order to establish relays of carriages,
with sufficient escorts for transporting them to the county of
Sheffield—immediately on procuring which, I gave orders for
their removal, via Caldwell's Manor, and carriages set forward
yesterday simultaneously from Caldwell's Manor, Phillips-
burgh, in St. Armand, on Missisquoi bay, and Frelighsburgh,
while 1 pushed forward from Fretighsbur,gh to Brame, to bring
waggons thence, so that no delay might take place; but know.
the almost destitution of Missisquoi as to arms and amunition,
I bad given directions that the arms for my battalliun should be
used in case of an attack by the rebels.
"On returning to Phillipsburgh this morning, about stx
o'clock, I found that an engagement had taken place yesterday
evening at nine o'clock, about two miles and a half east of that
village, between the loyalists, forming an escort under Cap-
tain Oren J. Ketop,and a large body of rebels (under a Mr.
Julien Gagnou, of St. Valentine, in L'Acadie) who had em-
bodied at Swantown, in the state of Vermont. The enemy
were driven back by the loyalists, with one man killed, number
of wounded unknown, and the prisoners, one of whom It. S.
M. Bouchetie, of Quebec, is severely wounded, and one
slightly. The loyalists also captured two pieces of cannon,
about forty stand of arms, five kegs of gunpowder, and six
boxes of bail cartridge, with two flags. The muskets captured
are of the kind used in the American Army during the last war.
The rebels were about 200, and the loyalists 300 strong. Of the
loyalists. not one man was hurt., The enemy retreated into the
state of Vermont, by the road they came.—l have the honor to
be, your Excellency's most obedient servant,
"P. H. KNO'WLTON,
"Colonel of Sheffield volunteers.
"To his Excellency, Lieut. General Sir John Colborne,

Cotnniander of the Forces, 84c., &c."

WINTER IN-LOWER CANADA.,---AS the winter approaches
one snow storm succeeds another till the face of the whole coun-
try is changed. Every particle of ground is covered, the trees
alone remaining visible, while even the progress of the mighty
river St. Lawrence is arrested in its course—everywhere, in
fact, the chilling grasp of winter is felt, and every precaution is
taken by man to resist irs benumbing effects. All the feathered
tribes take the alarm—even the hardy crow retreats—and few
quadrupeds are to be seen ; some, like the bear, remaining in a
torpid state; and others, like the hare, changing their colour to
a pure white. From Quebec to Montreal the St. Lawrence
ceases to be navigable, and serves as 'a road for the sleighs or
cartioles. These vehicles vary in shape. according to fancy.
The body of the carriole resembles that of a phaeton, or gig, a
chariotteer family coach; it is placed on what are called run-
ners, which resemble in form the irons of a pair of skaits, rising
up in front in the same mariner and for the same purposes. The
high vintners are about 18 inches, but generally the carriole is
about 12 inches above the snow, over which it glides with great
ease, on a level sum face, without sinking deep; but when caliots
(narrow ridges. with deep furrows) are formed in the snow, the
motion is like rowing in a boat against a head sea, producing a
sensation, until accustomed to it, somewhat like sea sickness.
T':e carriole is often mounted with silver, and ornamented with
expensive furs. Instead of the variety which a Canadian sum-
mer presents in tracing the course of noble rivers, the fall of
beautiful cataracts, &c., nothing is now to be seen but one con-
tinued solid plain; no rivers, no ships, no animals—all one in-
inset iminate plain of snow, the average derth of which, (unless
where accumulated by snow storms or drifts) is about 30 inches.
The dress of the Canadians now undergoes a complete change ;
the hat and bonnet rouge are thrown aside, and fur caps, fur
cloaks, fur gloves, are put iu requisition, with worsted hose over
as well as under boots : those who take exercise on foot use
snow shoes, or mocassins, which are made of akind of net-work,
fixed on a frame, and shaped like a boy's paper kite, about two
feet long. and 18 inches broad: these cover so much of the sur-
face of the snow, that the wearer sinks, lint a-very few inches,
even where the snow is softest. While the external weather is
guarded against by the Canadians when out of doors, their
habitants are also secured against the destructive power of in-
tense cold. The walls of "the houses are usually plastered.on
the outside, to preserve the stones from moisture, which, if acted
on by the frost, is liable to split them ; and the apartments are
heated with stoves, which keeps the temperature at a higher
and more uniform rate than in our English fire-plates. It hai
been found diffiCnit to get the plaster to adhere, particularly
exposed to the easterly wind; but, by mixing two pounds of
Muscovado sugar, with a bushel of lime, a hard and durable.
rough casting is produced.—Martin's Colonies, vol. iii.

THE NEW LAW OF WILLS.

(Eom the Manehes:er Guardian.)
On the Ist of January the act for the amendment of

the laws with respect to wills came into operation. The

following is an abstract of its provisions :
Sec. 1, This section is a statutory explanation of the sense
in which certain technical terms are used in the act. The terms

so explained are " will," " real estate," and " personal
estate." It is enacted, that the word " will" shall be con-
strued as a general term, extending to a testament, a codicil,
an appointment in exercise of a power to appoint by will, and
an appointment by will of a guardian under 12 Car. 11. c. 24.
This statutory meaning of the word " will" is very nearly, if
not completely, its popular sense. But in its technical mean-
ing, the word `•will" is very different. and distinguishable from
. .

a testament, which is a posthumous disposition of personal pro-.
perty only, and from an appointment by will, whichAs the exe-
cution of as an instrument precedent to, anti directory of,
the transfer of property by another instrument, or by the statute
of uses. A codicil, in its legal meaning, is an'addition made by
a testator to his will. and is considered a part of it. The statu-
tory explanations of the terms " real estate" and " personal
estate" are the usual technical, and nearly, but not altogether,
the usual popular, meanings of the same terms.,
See. 2. Former acts relating to wills are hereby required.
Sec. 3. Under this section. all property which would devolve
upon the heir•at-law or customary heir of any one, or of his an-
cestor, if he became entitled by descent, or' upon his executor
or administrator, may be disposed of by will. This comprises
all customary freeholds and copyholds, with or without surren-
der, and before or after admittance; but does not comprise
estates held by entirities, or in joint tenancy, or for an estate
tail, or an estate in quais entail. At present, a right of entry
cannot be devised or bequeathed. When the present act comes
into operation, all rights of entry may be devised or bequeathed.
Under the present law, a will of real estate passes only land of
which the testator is seized at the time of making his will, and
continues seized up to the time of his death. This rule will be'
altered; and a will will pass real property acquired at any time
before the death of the testator.

Sec. 4 provides for the preservation to thelords of manors of
the fees and fines now payable in respect of customary and copy-
hold estates, where the testator devises without surrender or

before admittance,

Sec, 5 provides, that wills, or extracts of wills, of customary
'reehtilds and copyholds shall be entered on the Court Rolls, and

he lord be entitled to the same fines and d'ues from any devisee

under this act, as when such estates are not now devisable,

would be due from the heir in case of descent.

Sec. 6. This section is intended to provide for a deficiency in

:he statute of frauds, that is, for the devise of copyhold estates

and incorporeal hereditarnents pear autre vie, and for making
them assetf by descent in the hands of the heir, for special oc-

cupancy of them by executors and administrators, and for
making them assets in their hands as general personal estate of
the testator or intestate. The provisions in the act set at rest a
multitude of questions upon estates pur aulre vie, and render
them generally disposable by will, and, if not disposed of, mike
them general assets.
Sec. 7: yhissection provides, that no will of a person under

age shall be valid, and thereby makes a considerable alteration
in the existing law, by which wills of leasehold and other per-

sonal estate may be made by boys at 14 years of age, and by
girls at 12; but, as a general rule, real estate cannot be devised
by persons under 21. Under the 12 Car. 11. c. '24; a father,
though under 21, may, by will attested by two witnesses. ap-
point a guardian. This part of that statute seems to be re-
pealed by this action and the definition in the first section of
the word " will."
Sec. 8. A married woman cannot, under the statute of frauds,

devise lands; but by the custom' of particular places, she may
devise her :ands. She may also dispose by will of tier separate
property, teal or personal, and may make an appointmentunder
a power by will. The law upon this subject remains unchanged.
Sec. 9 provides, that every will shall be in writing, and signed
by the testator, or by some other person in his presence and by
his direction, iu the presence of two or more witnesses at one
time, and that such witnesses shall attest and shall subscribe the
will in the presence of the testator, but that no form of attesta-
tion shall be necessary. By the existing law, a 'will of freeholds
must be attesteciby three witnesses in the presence of the testa-
tor. It is not necessary, however, that all the witnesses should
attest at the same time, or that they should see the testator sign.
It is sufficient, that he desires them* subscribe as attesting
witnesses to the instrument, and that ihey do so subscribe in his
presence. Even the only essential formality, rite subscription
in the testator's presence, need not to be expressed in the me- .
morandum olatrestation. Wills of personal estate require
neither the attention of witnesses nor signature of the testator;
but, by the rules of the Ecclesiastical Court, the want of the
attestation of two witnesses makes its necessary to produce an
affidavit of the handwriting of the testator, and it also prevents
the will from being a valid appointment of guardians under 12
Car. 11. c. 24. The act of 1 Geo. I. providing fur the attesta-
tion of two witnesses in order to pass money in the funds, has,
by construction, been rendered in fact nugatory. Copyholds
may be devised by an unattested will. When the present act
came into operation, all distinctions of the above kind were
abolishee, and one rule established for every species of will.
This section, however, has already been the subject 8 f questions
out of court relative to the meaning of that part of it which
enacts that "such witnesses shall attest AND shall subscribe the
will in the presence of the testator, but 'no form of attestation
shall be necessary." The question mooted is t his :—What is the
meaning of the words "such witnesses shall attest AND shall
subscribe"? If they mean more than" such witnesses shall sub;
scribe," they must refer to some form of attestation; for us it
possible to have an attestation, or any thing else, without a
form ? If then, the words of the act mean more than the words
"such witnesses shall subscribe," the words" but no form of at-
testation shall be necessary" must be interpreted as "but no
particular form of attestation shall be necessary." 'Though this
question is very refined, and perhaps even rather captious, yet,
having been raised by some eminent lawyers, it will be prudent
to insert before the names of the witnesses some such form, at
least, as " Witness," " In witness whereof," Szc.-7-A mat ksman.
may still be a witness to a will. . .
Sec. 10. Under the existing law, an appointment made by
will in exercise of a power must be executed according to the
form prescribed by the power. Under this section. appoint-
ments by will are to be executed like other wills, and to be
valid, although other required solemnities are not observed.
This is a most important alteration.
Secs. 11 and 12 are exceptions to the general rule in secs. 9
and 10, in favour of the wills of soldiers in actual service, and
marAuers at sea, and of the provisions of II Gen. IV.. and J.
Will. IV. c. 20, with respect to wills of petty officers, seamen,
and marines.
Sec. 13 is a mere declaration of the existing law. See
Moody v. Reid, 7, Taunt. 355.
Secs. 14, 15, 16, and 17, relate to the witnesses to a will. The
statute of frauds required "credible" witnesses. The word
" credible" gave rise to many questions. Now sec. 14 provides,
that a will shall not be void on account of the incompetency o
a witness to 'readmitted to prove the execution thereof, wlfethe
such incompetency exist at the time of, or arise subsequently
to, the execution of the will. Under the law, the effect
ofexisting
legatee's a beneficial devisee's or
to a will of freeholds is not to invalidatetheattestatirl.ttn.aensds
thereby the will, but to vacate the devise or bequest • but this
doctrine is applicable to wills of personalty; bezeurseeroaltestation
is not essential to their validity; and there is,
account. Sec.
rea-
son to take away the witness's legacy on that
extends the existing law of real estate on this sulseotnttleto
xp.erso-
nal estate also. Secs. 16 and 17 put an end to
doubts, and opposing forces of decisions contrary to each other
and to reason, by enacting, that a creditor or executor attestinge
is to be admitted as a witness.

-•
Secs. 18, 19, 20, and 23 Under the existing laws (as a first
rule), marriage together with the birth of a child, though post-
hurnouS, and though the husband knew of the wife's pregnancy
when be died, are circumstances which make an implied re-
vocation of a will. But neither alone is sufficient (except in the
case of a single woman, were marriage alone is an implied re-
vocation); and the rule is subject to two material exceptions :
firstly, when the wife and children are provided for by the will;
and secondly, where there are existing children, one of whom
is heir apparent. There is a second rule as to implied revoca-
tions, namely, that a devise is revoked by an alteration in the
estate of the devisor, either—firstly, actual, as a consequence
of the rule of law, that a will of land will not pass land required
by the testator subsequently to the execution of his will, and
therefore independent of any intent in the devisor to revoke or
not; or secondly, intended, in which case the revocation is an
inference from the fact of alteration in the estate as furnishing
a ground to conclude that such was the intent of the party. All
these distinctions, and many minute subdistinctions, will be
done away by the present act; and all wills, with the exception
in the 18th section, will be revocable by marriage merely, or
by another will, or codicil or writing, declaring an intention to
revoke, and executed like a will, or by destruction, and by
nothing else.
Sec. 21 is auxiliary to the sections immediately previous, and
provides, that no alteration in the will shall ,have any effect, un-
less executed as a will.
Sec. 22 providea, that no will revoked shall be received
otherwise than by re-exception, or a codicil executed in a man-
ner before required by the act.
- Sec. 24. Under the existing. law, a will (as a general rule,
though there are some distinctions between freehold and copy-
hold) can pass no real. estate which the devisor acquires sub-
sequently to the execution of the will, but, with respect to
Terminal estate, a will speaks from the death of the testator.
['his section provides, that a will shall, as to every kind of
property, speak from the death of the testator.
Sec. 25. From the rule mentioned-:In the remarks on the
preceding section, it is evident, that every residuary devise is
in its nature specific, being, in fact, a specific disposition of the
lands not before expressed to be given by the will. It cannot,
therefore, include specific devises void, or becoming lapsed, in
the lifetithe of the devisor. But a residuary bequest of person-
alty includes such void or lapsed bequests. Under the present
act this distinction will no longer exist.
Sec. 26. Under the present law (as a general rule), a gene-
ral devise of the testator's lands will not include freeholds and
copyholds or leaseholds, •where the testator has freeholds and
copyholds or leaseholds; but where the testator has no freeholds,
the devise will operate on the copyholds or leaseholds, ut_res
,nayis valeat quam pereat. By virtue of this section, a general
devise will include copyhold and leasehold as well as freehold
land: and, by
See. '27, a general gift will include estates over which the
testator had a general power of appointment.
Sec. 28 The intention of testators has been ten thousand
times defeated by the operation of a rule still existing, that a
devise without words of limitation will pass only an estate for
life. The rule has fur this long time, by the decisions of the
judges in favour of the intention, been weakened by a daily in-
creasing number of exceptions, and, by the present section,
will at last deservedly perish.
Sec. 29. T. an intellect unlearned in the law, this section
must appear unnecessary; enacting, as it does, that the words
"die without issue," or die without leaving issue," shall be
construed to mean—die without issue living at the death. But
such was not, until the present act came into operation the legal
construction of the words, according to which they were con-
sidered to mean—death, and a failure of issue at any time after-
wards. This is, not without reason, altered
Sec. 30, 31. According to the present law, under a devise to
trustees, as a general rule, they take exactly that uantity of
interest which the purposes of the trust require; and the ques-
tion is, not whether the devisor has used words of limitation, or
expressions adequate to carry an estate of inheritance, but
whether the exigencies of the trust demand a fee, or can be
satisfied by any and what less estate. By the present sections,
a devise to trustees or executors, if an estate of freehold merely,
or a definite terni of years be not given, will pass the fee; and
trustees under an unlimited devise, where the trust may endure
beyond the life of a person beneficially interested for life, will
take the fee.
Sec. 32 provides, that devises of estates tail shall not lapse;
and sec: '33, that gifts to children, or other issue, who have
issue living at the testator's death, shall not lapse.
Sec. 34 provides, that the act shall not extend to wills made
before IBiB, nor. to. estates pur auti e vie of persons who died
before 1838.
Sec. 35 provides, that the act shall not extend to Scotland.
Sec. 36 seems superfluous.
•

On Thursday Mr. Loscombe, of the Plymouth theatre, fell
from the top of the stage on toe floor, and died in a few hours
after the accideut.— West Somerset Gazette.